No Win No Fee – A Great Legal Tool For Comman Man

No win no fee, the term is actually related with personal injury. The term is also associated with CFA (conditional fee agreement) .It is actually an agreement between the client and the solicitor whereby if the client is able to make a claim he could pay the fees of the solicitor. No win no fee agreement was actually created so as to help that community of people who had limited access to the legal justice. The term no win no fee was actually introduced around mid 90’s. Recent surveys indicate that around 2.5 million people in United Kingdom suffer from injuries caused by the accident. As a result of which most of them lose their employment and suffer both emotionally and physically. According to the law of United Kingdom the liable party should compensate the injured party.

There are circumstances under which a solicitor appeals for a no win no fee agreement. No win no fee agreement is generally applicable in cases of personal injury like asbestos related diseases, accident injuries, medical negligence, public liability and workers compensation. Besides not all personal injury claims can win compensation. An injury claim is possible only if one has suffered pain and suffering and has incurred financial losses. The solicitors generally take up such cases only when the claim could be made. There are many circumstances in which compensation cannot be secured. No win no fee agreement is generally not possible in non-personal injury cases.

A good solicitor generally advises his client and furnishes him the details of the circumstances under which a compensation cannot be won. If it is known that the injury caused is not the fault of someone else then a case cannot be filed because legal action is possible only if there is a fault from the other side. If there are no witnesses or medical evidence to substantiate then no claim could be made. There might also be circumstances where there is literally very little or no proof to make a claim. Under such circumstances a no win no fee agreement stands absurd.

While no win no fee means no fees to the lawyer if one loses the case it is not the same with all cases. In most of the cases where there are very little chances of winning the claim an insurance policy is taken to underwrite the personal injury claim. Hence the insurance company pays the fees of the solicitor. It is the responsibility of the client to make sure that whether or not he is supposed to pay the cost of the policy.

No win no fee agreement though has some shortcomings, is one legal tool to help many people who not only suffer from the injuries sustained in the accident but also suffer from depression and anxiety. Hiring a no win no fee solicitor or accident lawyer is now possible and you need not worry about your finances at all. Filing compensation claims can be done by one and all.

Are Royal Assent, Pardons And Prorogation Fact Or Legal Fiction

Elizabeth II is the Head of State of the United Kingdom and fifteen other member states of the Commonwealth of Nations. These countries are constitutional monarchies, meaning that they operate under an essentially democratic constitution, the Queens principal role being to represent the state. Very often, she is viewed as a symbolic and apolitical personage with no real power. But is this entirely true? Does the Queen really possess purely nominal authority, or can she in fact exercise her will in any public action? This is not an easy question to answer. I will attempt to do so by focusing mainly on one of her most important theoretical prerogatives: the right to grant or deny royal assent to laws passed by Parliament.

A difficulty in judging the extent of the authority presently held by the monarchy lies in the fact that the British constitution has not been codified into one single document and much of it remains unwritten. The extensive power that the monarch once indisputably possessed, including the right to administer justice, dissolve Parliament or pardon crimes, was largely a matter of common law and not statute. What laws were codified (the Bill of Rights of 1689 and the Act of Settlement of 1701 standing among the most important) served more to restrict the Monarchs power than to entrench it. Thus, the residual powers still reserved to the Queen continue to be more a matter of constitutional convention than of written rules. Formally, no Act of the British Parliament becomes a proper law until it is given assent by the Queen. Yet in practice, Elizabeth II assents to all bills, irrespective of her opinion on them. The last time a British monarch rejected a law was in 1708, when Queen Anne vetoed the Scottish Militia Bill, and even then, she did so at the request of her ministers. Since then, the right of royal assent has fallen into disuse, leading some constitutional theorists to claim that a new convention obligating the monarch to assent to all bills has arisen. This view was famously stressed by Walter Bagehot in his 1867 volume The English Constitution:

…the Queen has no such veto. She must sign her own death-warrant if the two Houses unanimously send it up to her. It is a fiction of the past to ascribe to her legislative power. She has long ceased to have any.

In earlier generations, such a bold assertion of the monarchs supposed lack of power would have been unpardonable. Even I see some flaws in this theory. For one thing, the only evidence on which it stands (besides Bagehots claim) is custom. Even if all the monarchs since Queen Anne have assented to all bills presented to them, there is no formal change in any official policy that would indicate that the practice will be followed for the next bill. Additionally, if the Queen decided to withhold assent to a bill, what legal mechanism could force her to do otherwise? It would seem to me that in such an event, the veto could only be effectively circumvented by some kind of revolutionary act – as a minimum, by the Government refusing to respect the veto, which would undoubtedly lead to a constitutional crisis.

The situation is more clear-cut in Canada, which, unlike the United Kingdom, has a constitution that is largely written. The Constitution Act, 1867 clearly delineates the powers of the Crown. According to Section 55 of the Act, when the Governor General (the Queens representative in Canada) is presented with a bill that has been passed by Parliament, he may declare that he assents to it in the Queens name, that he withholds his assent, or that he reserves the bill for the signification of the Queens pleasure (letting the Queen decide the matter; according to Section 57, she may do so within two years after the Governor General receives the bill). Furthermore, as per Section 56, the Queen in Council (the Queen acting on the advice of her Privy Council) may disallow a law assented to by the Governor General within two years after receiving a copy of the law. Therefore, the Queen, together with the Governor General, does have the formal authority to veto a law passed by the Canadian Parliament. Nevertheless, no Governor General has done this since Confederation in 1867, although some provincial Lieutenant Governors have vetoed provincial laws or reserved them to the pleasure of the Governor General (under the authority of Section 90 of the Constitution Act, 1867). This happened most recently in 1963 when Saskatchewans Lieutenant Governor Frank Bastedo reserved a bill.

On top of that, there are instances in recent Commonwealth history of other royal prerogatives being directly exercised by the Crown against a governments wishes. Depending on the country, the crown may have extensive official powers, including the appointment of ministers, granting of pardons for eliminating criminal records, or calling an early election, and some of these have been exercised in person, especially during unclear political situations. A classic example is Governor General Byngs 1926 refusal to call a very early election at the request of Canadian Liberal Prime Minister William Lyon Mackenzie King, who wished to remain in power despite the stronger footing of the Conservative party in Parliament. Byng refused to do so; King was incensed by this supposed infringement on democracy, but Byng stood his ground. Another famous example was the dismissal of Prime Minister Gough Whitlam by Australian Governor General John Kerr during the 1975 Australian constitutional crisis. Whitlams controversial government did not have control of both houses of Parliament and he petitioned Kerr to call a half-senate election. Instead, Kerr dismissed him and appointed Malcolm Fraser, the leader of the Opposition, in his place.

The fact that the royal prerogative is rarely exercised, if at all, by the Queen and her representatives, appears to be more the product of a conventional good will on their part than an actual legal requirement. I hope Bagehot would pardon me if I surmised that he overdid it when he claimed that the Queen must sign her own death-warrant; what he was speaking about was more a matter of everyday practice as he saw it than a real summary of the standing law. After all, the monarchy seeks to stay popular and in todays age of democracy, its very existence depends on public approval.

Canada Immigration Consultants in India

Immigration to Canada is a time consuming and stressful process if you don’t know where to start. Of course, there is nothing to stop you applying your own, but an immigration consultant who specializes in Canadian immigration can make the process a lot smoother and less stressful.

Because of Canada’s strict immigration regulations, it is important to get your application right the first time. Immigrating can be a costly experience and in between, extra money you will need to pay out to removal companies, airlines etc the last thing you want to be doing is paying unnecessary administration fees, just to get your immigration application approved.

Feedback has indicated that an estimated 30% of all applicants, as a whole, who lodge their own applications, get it wrong and fail. This can cause confusion and frustration with the process. Many find it hard to get the answers to their specific concerns or questions which, in many cases, cause applicants to change their minds about immigrating altogether.

Applicants can also find the waiting for their Canadian immigration approval difficult too. If you were to hand the application over to an Immigration Consultant specializing in Canadian Immigration, they can avoid any further delays and assist with quick processing, by presenting a correct and complete application on your behalf.

The other hassle of applying for immigration to Canada yourself can be all of the preparation of the paperwork. If you don’t know what to put down or even what class you are eligible for, the paperwork can be somewhat confusing. By using a consultant they can fill in all of the gaps for you; all you have to do is answer the questions they ask and provide the documentation they ask for.

Canada Immigration Consultants also have extensive experience in the industry; it’s what they do day in and day out — they know what works and what doesn’t. If you are considering immigrating to Canada, you should explore your options before you proceed to apply yourself. Remember you want to save time, effort and money! The immigration consultants in India is one of the largest and longest-established, private immigration consulting groups, offering officially recognized specialists in obtaining skills, business, and family permanent residence visas for people choosing immigration to Canada, Australia, New Zealand, United Kingdom and United States of America. You will benefit from their wealth of experience including professional support with residence visa processing, trade’s recognition and official qualification, business migration, re-settlement services and job search.

Sudheer is into Immigration Consultancy, He is updated all the information regarding Canada Immigration, Now he updated Information Regarding Canada Immigration Is Better Option for Immigrants.

Different Types Of Legal Services Offered By Solicitors

If you are faced with legal issues, there is no other way of getting out or ahead of them other than getting assistance from someone who knows legal matters best. A lot of solicitors in the United Kingdom proliferate over the country to extend help to people who need to go through due processes. Every solicitor works on varied specialisations, and you should take it upon yourself that the firm of your choice is offering the legal service that you need.

An example of common legal services provided by solicitors is residential conveyance. House transfers can leave you stressed, especially the paperwork. Properties entail legal papers, and whether you are a greenhorn buyer or an experienced property developer, it can be beneficial to seek help from solicitors.

There are a lot of concerns regarding property ownership – but they can possibly work on it for you. Dealing with properties would mean having to deal with land registration, or possible mortgages. You might have queries about boundaries and how much claim you can acquire. These can be answerable by legal counsels who have gained years of experiences in handling legal land titles for different kinds of owners. Moreover, in the case of property developers, assistance can be addressed specifically to the likes of planning agreements, conditional contracts, pound acquisitions and unilateral undertakings.

Suppose you are planning to invest in a small-scale business. Eventually, if coupled with hard work and perseverance, you may develop into a multinational company. Chances are you need to keep your business on the road and you need a reliable team of law experts to take care of commercial legal matters.

Solicitors give assistance to private or public companies that want to put in effort for their company’s legalities. These people will work closely with you, like they are part of your team, and will work towards achieving the same goal as yours.

In a similar scenario, should you be caught off guard in a corporate crisis, there are groups of lawyers who can help you in difficult decision making to recover your investment and re-align your corporate goals. Solicitors will work as your ally, so that all transactions are marked with legality.

For employers and employees who share a working relationship, legal advice is indispensable. Both parties are covered by employments laws that are very well covered and defined upon contract signing – a proof of mutual agreement. For an employee’s part, solicitors can walk him through employments rights that are owed to him. Employers, on the other hand, can consult for legal advice regarding revisions of new contracts before they are implemented to new workers. Employment policies are dynamic and if an employer seeks legislation of new rules, implementation is possible through a revised contract. However, even in the best of companies, a power struggle between both parties is inevitable.

The line can be therefore drawn if there are rules to set things straight and there are lawyers who can give no-nonsense counsel. Consulting legal solicitors will pave the way for an honest appraisal of the matter, so that you will know where exactly you stand and the other will know where you are coming from.

Immigration Lawyers Or Solicitors Are Of Extreme Expertise In Uk

They specialize in UK immigration law. Immigration lawyers usually work for huge Law consultancy firms whose clients include individuals and business in UK and also overseas.

The immigration lawyers provide complete assistance from preparing of applications to enter and to stay in any part of United Kingdom and all the formalities those are needed before the immigration in Tribunal or High court. The client can stay assured that the immigration lawyer would fulfill all the necessary formalities without any hazard. The client dont have to waste time fulfilling all those time consuming formalities and thus they have more time to concentrate on their respective businesses.

The immigration lawyers assist the clients in a wide range of functions from visa applications, to sponsor license applications and in advising of compliance management. All the immigration lawyers are well qualified to provide immigration law advice and representation to the client. The immigration lawyers commit clients a lot of functions which make the client assured that they are giving their responsibilities in the right hand. The immigration lawyers provide legal expertise whatever is needed for a complete immigration from one country to another. There are certain laws and regulations which are to be complied to while the process of immigration. The immigration lawyers also provide their clients with clear and professional advice which are very much needed by the client as they are not aware of all legal amendments. The immigration lawyers also provide effective advocacy to their clients who are very necessary and crucial. The immigration lawyers are usually very empathetic, friendly and provide reliable service which is very much expected by the clients. They also try to provide practical and affordable solutions so that clients remain satisfied and dont have to spend more than what are required. Above all, if we see the case histories of the immigration lawyers in UK, then we can well understand the consistent record of their success.

The immigration lawyers also play a major role in business visa applications. No matter whether one needs a temporary visa to visit UK on a term basis for any small project or a long term business immigration solution, the immigration lawyers have solutions for all cases. Thus, when it comes to anything regarding immigration, it is wise to consult an immigration lawyer without wasting any time searching for information and trying do sort out things yourself. The visas can be of various types like tier 1 which consists of the investors. Similarly tier 1 also constitutes of entrepreneurs, post study worker and anybody who possess an exceptional talent and have a proof of it like any certificate or award by any apex authority. Tier 2 visas are provided to skilled workers and inter company transferred employees. Tier 5 visas are meant for temporary workers.

The Immigration Asylum & Nationality Act 2006 – Summary Of Changes

The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993.

Commencement

The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by virtue of a second commencement order, the main provisions took effect on 31 August 2006 by virtue of the Immigration, Asylum and Nationality Act 2006 (Commencement No.2) Order 2006.

Appeals

The first sections of the Act are concerned with appeals and impose new restrictions on the right to appeal against Home Office asylum or immigration decisions. The most significant is section 4 which limits the right of appeal against refusal of entry clearance to cases in which the application for entry clearance was made either for the purpose of entering as a dependant or a visitor – in both cases limited by reference to regulations made by the Home Secretary. Significantly, there will no longer be a right of appeal against refusal of entry clearance as a student.

Section 1 inserts a new section 83A into the Immigration, Nationality and Asylum Act 2002 to introduce a new right of appeal for people who are no longer recognised as refugees but who are permitted to stay in the UK on some other basis. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(b) of the 1999 Act. This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken. Section 3 amends section 84 of the 2002 Act. It provides that an appeal under the new section 83A may only be brought on the ground that removal would breach the United Kingdom’s obligations under the Refugee Convention. Section 4 substitutes one provision for Sections 88A, 90 and 91 of the 2002 Act which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those listed in the categories. By section 6 a person may not appeal against refusal of leave to enter the United Kingdom unless: (1) on his arrival in the United Kingdom he had entry clearance and (2) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter. Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of both visitors and students who do not hold an entry clearance. This restriction limits the grounds of appeal to human rights and race discrimination. If the appeal is exercised in the UK it is restricted to asylum. A right of appeal remains in all cases on both human rights and race discrimination grounds.

Section 7 provides powers to hear only human rights aspects of national security appeal cases in country with the national security aspects of the case.

Employment

Section 15 imposes civil (and not criminal) penalties in the form of fines on employers of persons over the age of 16 subject to immigration control in defined circumstances. A person is subject to immigration control if he requires leave to enter or remain in the United Kingdom under the provisions of the Immigration Act 1971. The defined circumstances are that: