Employment law is ever changing and there are several changes scheduled for 2012. These include changes in laws related to unfair dismissals, changes to statutory pay, pension changes and income tax changes.
There will be a number of employment law changes in 2012 related to unfair dismissals; those regarding tribunals, possible compensation and time after which someone cannot be dismissed without good reason. There are plans for the process of unfair dismissals to be simplified. This will include changing from the current system of a panel hearing cases to them only being held in front of a tribunal Judge. This could speed up the process, especially in relatively straightforward cases. Where someone is deemed to have been dismissed unfairly there is a maximum amount of compensation they can receive. This is currently £68,400 but will be increased to £72,300 later this year. A significant change is that the time after which someone can be dismissed without an adequate reason, such as not performing as expected or redundancy, is changing. Currently someone cannot be asked to leave after a year of employment, but this is doubling to two years. This will apply to employees who begin work after 6th April. The reason that has been given for this is that some employers have claimed it is difficult to employ people if they are not certain they will require them long term. With this changed it is hoped more jobs will be created with businesses able to employ someone knowing they can ask them to leave if they realise they are not required. There have been criticisms though, with some claiming it makes it too easy to sack people for no obvious reason.
Another change in law is that statutory payments will be increasing in 2012. The statutory rate for maternity leave and paternity leave is set to rise from £128.73 a week to £135.45 a week, with sick pay to rise from £81.60 to £85.85.
Over the next few years there will be changes to company pensions and this begins this year. Eventually all employers will be required by law to enrol all employees into a pension scheme. This will be happening gradually over the coming years, with the date at which this must be done dependent on the number of employees. Larger companies will have to enrol their employees this year.
There will once again be income tax changes this year. Employees currently start paying income tax once they earn over £7,475 but this is increasing to £8,105. This means everyone will start paying income tax at £630 higher than they did in 2011. For most this means saving £126 in total over the year, or £10.50 a month. This doesn’t benefit those earning over £35,000 as the rate at which employees begin to pay 40% income tax is coming down from £37,402 to £35,001. This means those effected will be paying more at this rate meaning they will pay more income tax overall. The Additional 50% tax rate will continue to begin at earning of £150,000.
Above are the key employment law changes that will happen in 2012. There will be others as well though. Professional drivers will now be entitled to eye tests every five years to be paid for by their employers. This will affect lorry driver, bus drivers and taxi drivers amongst others. Flexible working will be introduced for all employees, something that currently applies to those who have children or are carers. This will mean that everyone will have reasonable access to flexible working, for example flexible working hours. Finally, there will be more flexibility with maternity and paternity leave, with more choice over when leave is taken. Parents will be able to decide whether to take leave at the same time as each other or at different times, and whether to take it in one block or not.
Andrew Marshall ©
Employment Solicitors Hampshire
Wednesday, February 29, 2012
Monday, February 27, 2012
A Brief History of Swimwear
There has been much change in swimwear styles over the course of history. When people started to bathe as a pastime the clothes they wore were, in some ways, similar to everyday clothing and almost covered the entire body. With both swimwear for women and swimwear for men this was very different to today.
Women’s Swimwear
In Georgian times it wasn’t considered acceptable for women to show their bare legs or feet so they used bathing machines to enter the water for bathing. Images of this would make us chuckle today but at the time using these wagon type vehicles to enter the water was the norm. Women would change in the bathing machines, which were rolled into the water. They would then directly enter the water from the bathing machines. The clothing worn was very unpractical, and were long bathing dresses covering everything apart from the feet and ankles.
By Victorian Times women were wearing two-piece swimming costume, though very different from the two-piece costumes we find now. Long shirts and belted three-quarter trousers were worn, and they almost looked like a jacket and trousers.
Gradually swimwear became more practical with tops becoming more like a shirt than a jacket. The bottom part became gradually shorter. In the mid-19th century more of the body started to be shown. Trousers now went to around the knee area and sleeveless tops became the norm. Not much earlier this would have been considered risqué, but is mild compared to today’s standards.
Around the 1930’s all-in-one bathing suits became common, with arms bare and the bottom part stopping below the thighs. For the first time women’s swimwear resembled something close to what you would find now.
Although they had been on the market for around thirty years, bikinis grew in popularity in the 1970’s. Many hadn’t deemed them appropriate in the 40’s but this was no longer the case after the fashion and cultural revolutions of the 50’s and 60’s.
Men’s Swimwear
There have not been as many changes in men’s swimwear over time, partly due to it having always been socially acceptable for men to show more of their bodies than women. The first highly documented men’s swimwear were so-called union suits worn in the 1800’s. This consisted of a thin jacket-like top with long sleeves and shorts that went down to the knee, akin to pyjamas. This fashion remained similar until the early 20th century, when shorts became shorter and tops became sleeveless, vest-like even.
The real change was in the 1950’s, when swimming shorts began to be worn and tops were no longer used. These were first introduced by Speedo and were, as they still are today, very much like boxer shorts in design and size. Swimming trunks were first worn in the 1960’s.
Swimwear Today
As far as women are concerned there haven’t really been any fundamental changes over the last few decades. Although design has altered and things have gone in and out of fashion, bikinis and all-in-one swimsuits remain the norm. For men it remains a choice between swimming shorts and swimming trunks. There are two main choices for both women and men. There are, though, many different designs, from cheap options to luxury designer swimwear.
Andrew Marshall ©
Women’s Swimwear
In Georgian times it wasn’t considered acceptable for women to show their bare legs or feet so they used bathing machines to enter the water for bathing. Images of this would make us chuckle today but at the time using these wagon type vehicles to enter the water was the norm. Women would change in the bathing machines, which were rolled into the water. They would then directly enter the water from the bathing machines. The clothing worn was very unpractical, and were long bathing dresses covering everything apart from the feet and ankles.
By Victorian Times women were wearing two-piece swimming costume, though very different from the two-piece costumes we find now. Long shirts and belted three-quarter trousers were worn, and they almost looked like a jacket and trousers.
Gradually swimwear became more practical with tops becoming more like a shirt than a jacket. The bottom part became gradually shorter. In the mid-19th century more of the body started to be shown. Trousers now went to around the knee area and sleeveless tops became the norm. Not much earlier this would have been considered risqué, but is mild compared to today’s standards.
Around the 1930’s all-in-one bathing suits became common, with arms bare and the bottom part stopping below the thighs. For the first time women’s swimwear resembled something close to what you would find now.
Although they had been on the market for around thirty years, bikinis grew in popularity in the 1970’s. Many hadn’t deemed them appropriate in the 40’s but this was no longer the case after the fashion and cultural revolutions of the 50’s and 60’s.
Men’s Swimwear
There have not been as many changes in men’s swimwear over time, partly due to it having always been socially acceptable for men to show more of their bodies than women. The first highly documented men’s swimwear were so-called union suits worn in the 1800’s. This consisted of a thin jacket-like top with long sleeves and shorts that went down to the knee, akin to pyjamas. This fashion remained similar until the early 20th century, when shorts became shorter and tops became sleeveless, vest-like even.
The real change was in the 1950’s, when swimming shorts began to be worn and tops were no longer used. These were first introduced by Speedo and were, as they still are today, very much like boxer shorts in design and size. Swimming trunks were first worn in the 1960’s.
Swimwear Today
As far as women are concerned there haven’t really been any fundamental changes over the last few decades. Although design has altered and things have gone in and out of fashion, bikinis and all-in-one swimsuits remain the norm. For men it remains a choice between swimming shorts and swimming trunks. There are two main choices for both women and men. There are, though, many different designs, from cheap options to luxury designer swimwear.
Andrew Marshall ©
Friday, February 24, 2012
Colocation vs. Dedicated Hosting
There are many options these days when looking to host a website. You may be happy with shared hosting or wish to have your own dedicated server. Where this is the case you can host it at your own premises or elsewhere. If you are looking to host it away from your own premises two options are colocation and dedicated hosting.
What is Colocation?
With colocation you purchase your own webserver, which you then own and run yourself. However, unlike you would if hosting it yourself, you then hire rack space at a colocation centre, which is a type of data centre. Here you can store your server and make use of the colo centre’s infrastructure and facilities, such as power, bandwidth, security and temperature control. You own the server but hire rack space where it is stored.
What is Dedicated Hosting?
With dedicated hosting you lease a webserver from a hosting company where your website is then hosted. Your site is the only one hosted on this server. Although the server is not shared with the hosting company’s other customers, the facilities are, meaning it is less expensive than hosting it at your own premises.
What are the Benefits of having your own Server?
With both colocation and dedicated hosting you have your own dedicated server, and this has certain advantages. Most importantly, you are not sharing the server with other websites, meaning problems with other sites won’t impact yours. There is an increased reliability when you have your own server and it can handle high amounts of traffic and content.
Benefits of Colocation
There are benefits to owning your own server, as opposed to leasing it. You are in complete control of it so can configure it how you wish. You can choose the software applications used, something that might otherwise be dictated by the hosting company. Decisions are not made by the hosting company, but by you. Colocation is a good solution for those who want something in between hosting their own server and hosting with a hosting company. You don’t have to host it at your own premises but can still make your own hosting decisions. Colocation gives you overall flexibility.
Benefits of Dedicated Hosting
Being in the hands of a hosting company, as you are with dedicated hosting, has certain benefits. You don’t have to make your own decisions regarding your website’s hosting, which is especially useful, perhaps essential, to those without hosting knowledge and experience. Many hosting companies offer, for a fee, to manage your hosting for you and this can be another benefit. However, this is also becoming increasingly common with colocation.
Which is the Best Value for Money?
The start-up costs of colocation can be higher but it can often be better value for money in the long run as there aren’t as high continuing costs as you are only renting rack space and not the server. The decision might come down to whether you have experience in hosting and how much choice you want in how your hosting is run. If you don’t have much experience then dedicated hosting may be preferable, but if you do and you want a lot of control then colocation may be the better option.
Andrew Marshall ©
What is Colocation?
With colocation you purchase your own webserver, which you then own and run yourself. However, unlike you would if hosting it yourself, you then hire rack space at a colocation centre, which is a type of data centre. Here you can store your server and make use of the colo centre’s infrastructure and facilities, such as power, bandwidth, security and temperature control. You own the server but hire rack space where it is stored.
What is Dedicated Hosting?
With dedicated hosting you lease a webserver from a hosting company where your website is then hosted. Your site is the only one hosted on this server. Although the server is not shared with the hosting company’s other customers, the facilities are, meaning it is less expensive than hosting it at your own premises.
What are the Benefits of having your own Server?
With both colocation and dedicated hosting you have your own dedicated server, and this has certain advantages. Most importantly, you are not sharing the server with other websites, meaning problems with other sites won’t impact yours. There is an increased reliability when you have your own server and it can handle high amounts of traffic and content.
Benefits of Colocation
There are benefits to owning your own server, as opposed to leasing it. You are in complete control of it so can configure it how you wish. You can choose the software applications used, something that might otherwise be dictated by the hosting company. Decisions are not made by the hosting company, but by you. Colocation is a good solution for those who want something in between hosting their own server and hosting with a hosting company. You don’t have to host it at your own premises but can still make your own hosting decisions. Colocation gives you overall flexibility.
Benefits of Dedicated Hosting
Being in the hands of a hosting company, as you are with dedicated hosting, has certain benefits. You don’t have to make your own decisions regarding your website’s hosting, which is especially useful, perhaps essential, to those without hosting knowledge and experience. Many hosting companies offer, for a fee, to manage your hosting for you and this can be another benefit. However, this is also becoming increasingly common with colocation.
Which is the Best Value for Money?
The start-up costs of colocation can be higher but it can often be better value for money in the long run as there aren’t as high continuing costs as you are only renting rack space and not the server. The decision might come down to whether you have experience in hosting and how much choice you want in how your hosting is run. If you don’t have much experience then dedicated hosting may be preferable, but if you do and you want a lot of control then colocation may be the better option.
Andrew Marshall ©
Wednesday, February 22, 2012
Investment Glossary
To be able to make successful investments you need to understand how it works. This includes understanding the different terms used within the investment industry. Here is a glossary of investment terms.
Added Value – This is the performance of a security in excess of a given benchmark or index.
Annuity – An annual guaranteed payment paid out from an investment. These typically apply to pensions, where pensioners will be given a fixed sum every year for the rest of their lives.
Bond - A tradable loan issued by the borrower for a fixed time period. Interest payments are then made to the bond holder, with the amount based on the bond’s performance.
Broker – Someone who act as an intermediary between a buyer and a seller during an investment transaction. They are paid in the form of a commission, usually receiving a percentage of the value.
Capital Assessment – Where a bank or organisation assesses the risks it faces by evaluation the level of risk attached to different investments.
Capital Gains Tax – Capital gains tax is a form of taxation payable on most investments. It is paid on the profits of the sale of an asset.
Cash – This is the money a company has available to them. As well as physical cash, it includes any assets that can quickly be sold and turned into cash if required.
Cash Flow – The total value of cash that is being transferred in and out of a business.
Commission – A fee paid to a broker for buying and selling a security on someone’s behalf. The commission amount is typically a percentage of the value of the trade.
Commodities – Raw materials that are worth a value. This includes things such as oil and gold.
Compound Interest – This is a method of accumulating interest. Compound interest is where interest is paid on both the initial investment and on the growth that has occurred. This leads to an increasing value as time goes by.
Credit – Where a borrower receives finance and pays it back over a period time, with interest paid on the loan. A regular bank loan is the most basic example of this.
Credit Rating – A way of measuring the likelihood of a business or individual paying back a loan. This is based on previous credit record and is a way of financial institutions evaluating whether or not they should offer a loan to the potential borrower.
Default – When someone defaults it mean they have failed to make a financial obligation. So, if someone is not able to pay a loan or mortgage, they have defaulted on their loan or defaulted on their mortgage.
Deficit – In business terms this is the difference between the value of assets and the assets of liabilities, where liabilities add up to more than assets. A deficit amount is the amount a business is away from having the same value assets and liabilities.
Deflation – Also referred to as negative inflation, this means prices are going down.
Diversification – This is where investments are spread across several investment products, rather than being concentrated on one. This is done to reduce risk and means not all invested funds are lost if one investment fails.
Dividend – This is the amount companies pay to their shareholders every year. This is based on the profits that have been made since the previous year’s dividend.
Earnings - The net profit of a company that they can then pay to their shareholders.
Equity – A commonly used term used to describe ordinary shares.
European Central Bank (ECB) – A monetary union in Europe whose job it is to maintain stable inflation and growth in the financial markets in Europe.
Exchange Rate – The measure of the value of one form of currently compared to another.
Financial Services Authority (FSA) – An independent organisation that regulates the financial services industry.
Fixed Interest Bond – A bond where interest payments are specified at the beginning and remain the same until maturity.
Flotation – The first time a company’s shares are issued onto the stock market. When someone refers to a company being floated on the stock market it means their shares will be available on the stock market.
High Yield Bonds – These are bonds that are high in risk, but could potentially result in high rewards.
Inflation – The measure of the increase in prices.
Interest Rates – The percentage of a loan that is repaid in interest. So where there is a 5% interest rate, for example, the borrower is paying 5% on top of the loan. This is usually linked to the Bank of England base rate, though not at the same rate.
ISA – An ISA stands for Individual Savings Account and is an investment product where tax does not have to be paid on gains. The maximum yearly investment that can be made is £10,680. There are two types of ISA, a Cash ISA and a Stocks and Shares ISA.
Investment Trust – Investment trusts are limited companies whose business is to invest the funds of their shareholders. People buy shares in an investment trust, who then invests these funds, and pay a dividend to their shareholders based on performance.
Junior ISA – A version of the ISA, where parents can invest up to £3,600 a year on behalf of their child, who then has access to the invested total plus interest accrued from their eighteenth birthday.
Liquidity - The ease at which buying and selling can take place on the financial markets.
Loan – Money that is paid to an individual or company which must then be paid back over time. This will usually be paid gradually on a monthly basis over a set time period, with interest included in the monthly payments.
Market Capitalisation – The total market value of an entire company. All assets, including cash and assets, are taken into consideration.
Market Value – The price at which a security is trading and could be bought for.
Maturity – The length of time until the last interest payment of a bond will be redeemed.
Property Investment – When land or buildings are invested in with the intention to buy and sell for a higher price at a later date. Some make money through charging rent while the investment increases in value.
Retail Prices Index (RPI) – A measure of inflation which looks at the increase or decrease in retail prices.
Return – The percentage of income from an investment. So, if £100 was put towards an investment and it is now worth £120, that is a return of 20%.
Security – A security is a negotiable certificate that shows a debt or equity obligation.
Settlement – A payment or collection of proceeds that results in the end of a financial agreement. For example, a loan settlement mean the loan has been paid off and is now complete.
Share – A stake in a company. Shares are divided into portions, which are sold to investors.
Share Capital – The amount of a company’s funding that comes from the issuing of shares.
Short-Selling – Selling a security while prices are high with a plan to buy it again at a later date when it is at a lower price.
Spread – The difference in yield between two different bonds.
Stamp Duty – A form of taxation which is paid by a purchaser of certain assets, including property.
Total Return – The overall return on a stock or portfolio taking into account changes in capital values and income earned.
Valuation – A summary of an investment portfolio showing the value and value of everything they own.
Venture Capital (VC) – Where a company is invested in at its early stages. These companies can be invested in for relatively little, meaning potential for high returns. They are risky though, as there is no previous performance to base potential on, only expectation.
Yield – The percentage of return paid on a stock in the form of a dividend or the effective rate of interest paid.
Yield Gap – The difference in yield between different assets.
Andrew Marshall ©
Added Value – This is the performance of a security in excess of a given benchmark or index.
Annuity – An annual guaranteed payment paid out from an investment. These typically apply to pensions, where pensioners will be given a fixed sum every year for the rest of their lives.
Bond - A tradable loan issued by the borrower for a fixed time period. Interest payments are then made to the bond holder, with the amount based on the bond’s performance.
Broker – Someone who act as an intermediary between a buyer and a seller during an investment transaction. They are paid in the form of a commission, usually receiving a percentage of the value.
Capital Assessment – Where a bank or organisation assesses the risks it faces by evaluation the level of risk attached to different investments.
Capital Gains Tax – Capital gains tax is a form of taxation payable on most investments. It is paid on the profits of the sale of an asset.
Cash – This is the money a company has available to them. As well as physical cash, it includes any assets that can quickly be sold and turned into cash if required.
Cash Flow – The total value of cash that is being transferred in and out of a business.
Commission – A fee paid to a broker for buying and selling a security on someone’s behalf. The commission amount is typically a percentage of the value of the trade.
Commodities – Raw materials that are worth a value. This includes things such as oil and gold.
Compound Interest – This is a method of accumulating interest. Compound interest is where interest is paid on both the initial investment and on the growth that has occurred. This leads to an increasing value as time goes by.
Credit – Where a borrower receives finance and pays it back over a period time, with interest paid on the loan. A regular bank loan is the most basic example of this.
Credit Rating – A way of measuring the likelihood of a business or individual paying back a loan. This is based on previous credit record and is a way of financial institutions evaluating whether or not they should offer a loan to the potential borrower.
Default – When someone defaults it mean they have failed to make a financial obligation. So, if someone is not able to pay a loan or mortgage, they have defaulted on their loan or defaulted on their mortgage.
Deficit – In business terms this is the difference between the value of assets and the assets of liabilities, where liabilities add up to more than assets. A deficit amount is the amount a business is away from having the same value assets and liabilities.
Deflation – Also referred to as negative inflation, this means prices are going down.
Diversification – This is where investments are spread across several investment products, rather than being concentrated on one. This is done to reduce risk and means not all invested funds are lost if one investment fails.
Dividend – This is the amount companies pay to their shareholders every year. This is based on the profits that have been made since the previous year’s dividend.
Earnings - The net profit of a company that they can then pay to their shareholders.
Equity – A commonly used term used to describe ordinary shares.
European Central Bank (ECB) – A monetary union in Europe whose job it is to maintain stable inflation and growth in the financial markets in Europe.
Exchange Rate – The measure of the value of one form of currently compared to another.
Financial Services Authority (FSA) – An independent organisation that regulates the financial services industry.
Fixed Interest Bond – A bond where interest payments are specified at the beginning and remain the same until maturity.
Flotation – The first time a company’s shares are issued onto the stock market. When someone refers to a company being floated on the stock market it means their shares will be available on the stock market.
High Yield Bonds – These are bonds that are high in risk, but could potentially result in high rewards.
Inflation – The measure of the increase in prices.
Interest Rates – The percentage of a loan that is repaid in interest. So where there is a 5% interest rate, for example, the borrower is paying 5% on top of the loan. This is usually linked to the Bank of England base rate, though not at the same rate.
ISA – An ISA stands for Individual Savings Account and is an investment product where tax does not have to be paid on gains. The maximum yearly investment that can be made is £10,680. There are two types of ISA, a Cash ISA and a Stocks and Shares ISA.
Investment Trust – Investment trusts are limited companies whose business is to invest the funds of their shareholders. People buy shares in an investment trust, who then invests these funds, and pay a dividend to their shareholders based on performance.
Junior ISA – A version of the ISA, where parents can invest up to £3,600 a year on behalf of their child, who then has access to the invested total plus interest accrued from their eighteenth birthday.
Liquidity - The ease at which buying and selling can take place on the financial markets.
Loan – Money that is paid to an individual or company which must then be paid back over time. This will usually be paid gradually on a monthly basis over a set time period, with interest included in the monthly payments.
Market Capitalisation – The total market value of an entire company. All assets, including cash and assets, are taken into consideration.
Market Value – The price at which a security is trading and could be bought for.
Maturity – The length of time until the last interest payment of a bond will be redeemed.
Property Investment – When land or buildings are invested in with the intention to buy and sell for a higher price at a later date. Some make money through charging rent while the investment increases in value.
Retail Prices Index (RPI) – A measure of inflation which looks at the increase or decrease in retail prices.
Return – The percentage of income from an investment. So, if £100 was put towards an investment and it is now worth £120, that is a return of 20%.
Security – A security is a negotiable certificate that shows a debt or equity obligation.
Settlement – A payment or collection of proceeds that results in the end of a financial agreement. For example, a loan settlement mean the loan has been paid off and is now complete.
Share – A stake in a company. Shares are divided into portions, which are sold to investors.
Share Capital – The amount of a company’s funding that comes from the issuing of shares.
Short-Selling – Selling a security while prices are high with a plan to buy it again at a later date when it is at a lower price.
Spread – The difference in yield between two different bonds.
Stamp Duty – A form of taxation which is paid by a purchaser of certain assets, including property.
Total Return – The overall return on a stock or portfolio taking into account changes in capital values and income earned.
Valuation – A summary of an investment portfolio showing the value and value of everything they own.
Venture Capital (VC) – Where a company is invested in at its early stages. These companies can be invested in for relatively little, meaning potential for high returns. They are risky though, as there is no previous performance to base potential on, only expectation.
Yield – The percentage of return paid on a stock in the form of a dividend or the effective rate of interest paid.
Yield Gap – The difference in yield between different assets.
Andrew Marshall ©
Monday, February 20, 2012
Pros and Cons of Equal, Shared and Single Parenting
There has been much debate and media discussion recently about whether Father’s should have more rights when it comes to bringing up children after a divorce or separation from their children’s Mother. It now looks as though family law could change to give Fathers more rights, though not to the extent that some have campaigned for. There are a number of ways children can be bought up after the separation of their parents, including equal parenting, shared parenting and single parenting. Depending on the circumstances of a family, there can be pros and cons to each of these.
Equal Parenting
Equal parenting is children living with each parent fifty percent of the time. This may be with each parent half a week each or with parent’s alternate weeks. In theory this seems the most ‘fair’ as far as the parents are concerned; they both get to spend an equal amount of time with their children. This can be good for children, with both parents having an influence on them. They get to see each parent regularly, and for a good amount of time, so there isn’t one parent who they rarely see. There are potential negatives on children, though. There can be a lack of routine, with children always on the move moving from one home to another and having two homes can make them feel as though they don’t really belong anywhere. Equal parenting can be a good solution to some families but can pose problems to others. It can only work if both parents live in the same area. They need to be able to get to school from either home and it isn’t ideal if they need to travel extensively twice a week.
Shared Parenting
Shared parenting is where both parents see their children on a regular basis, but time is not split fifty-fifty. This is the most common parenting arrangement after a divorce or separation. With a shared parenting arrangement, children live primarily with one parent but see the other regularly, for example every weekend or every other weekend. This can be suitable because children have an on-going relationship with both parents, meaning they have a male and female role model to look up to. It also means they have a routine and primary home. This can give them more of a sense of belonging that with equal parenting. The negative can be that they may see one parent as the ‘main parent’, with the other parent feeling not as involved as they would like to be.
Single Parenting
Many talk of the downside of single parenting, stating that it isn’t good for children. Statistics are often quoted stating that being bought up by a single parent means they are more likely to do poorly at school or turn to crime. A negative of single parenting can be that it results in a lack of either a male or female role model. Most would agree that in an ideal situation equal or shared parenting is a better option, but it does depend on the circumstances. Sometimes it isn’t suitable and there are times where one parent is not deemed to be a fit parent.
Deciding on the best parent arrangements post-separation can be very complicated. There are a number of issues to consider, with the best interests of children the most important. The best solution varies depending on the circumstances of individual children and their parents.
Andrew Marshall ©
Equal Parenting
Equal parenting is children living with each parent fifty percent of the time. This may be with each parent half a week each or with parent’s alternate weeks. In theory this seems the most ‘fair’ as far as the parents are concerned; they both get to spend an equal amount of time with their children. This can be good for children, with both parents having an influence on them. They get to see each parent regularly, and for a good amount of time, so there isn’t one parent who they rarely see. There are potential negatives on children, though. There can be a lack of routine, with children always on the move moving from one home to another and having two homes can make them feel as though they don’t really belong anywhere. Equal parenting can be a good solution to some families but can pose problems to others. It can only work if both parents live in the same area. They need to be able to get to school from either home and it isn’t ideal if they need to travel extensively twice a week.
Shared Parenting
Shared parenting is where both parents see their children on a regular basis, but time is not split fifty-fifty. This is the most common parenting arrangement after a divorce or separation. With a shared parenting arrangement, children live primarily with one parent but see the other regularly, for example every weekend or every other weekend. This can be suitable because children have an on-going relationship with both parents, meaning they have a male and female role model to look up to. It also means they have a routine and primary home. This can give them more of a sense of belonging that with equal parenting. The negative can be that they may see one parent as the ‘main parent’, with the other parent feeling not as involved as they would like to be.
Single Parenting
Many talk of the downside of single parenting, stating that it isn’t good for children. Statistics are often quoted stating that being bought up by a single parent means they are more likely to do poorly at school or turn to crime. A negative of single parenting can be that it results in a lack of either a male or female role model. Most would agree that in an ideal situation equal or shared parenting is a better option, but it does depend on the circumstances. Sometimes it isn’t suitable and there are times where one parent is not deemed to be a fit parent.
Deciding on the best parent arrangements post-separation can be very complicated. There are a number of issues to consider, with the best interests of children the most important. The best solution varies depending on the circumstances of individual children and their parents.
Andrew Marshall ©
Friday, February 17, 2012
The Necessity of Medical Negligence Law
Medical negligence is the name given when a medical professional has been negligent and this has caused a patient’s injury or death. This means they have failed to provide the expected level of care which has specifically caused the injury or death. Medical negligence legal cases can result in the prosecution of those guilty of negligence and compensation being paid to the effected person or persons.
Criticisms
There have often been criticisms of medical negligence and medical negligence solicitors. They have been criticised for benefitting from mistakes made by others, especially so-called ‘ambulance chasers’, a term used to describe unethical lawyers who encourage victims to sue for damages caused. This type of thing has been blamed for much of the ‘blame culture’ and ‘suing culture’ that some claim has taken over society in recent years – with people always looking for someone to blame and looking to sue for anything they can.
The Reality
The reality is that you cannot sue for anything. For a successful legal case there must be genuine blame and genuine malpractice; we are not talking about innocent mistakes being made. Those who can be held legally responsible for medical malpractice are those who have failed to follow rules and regulations or taken unnecessary short cuts that have put others in danger. It is those who have deliberately ignored their responsibilities which has risked lives or the health of others.
Accountability
Where medical negligence has taken place it is important that those responsible are held accountable. Yes mistakes happen – but negligence cannot be accepted. Genuine mistakes are acceptable – everyone makes mistakes, including health professionals. However, there is a difference between this and taking actions that cause a greater than necessary risk of health problems for patience. Negligence is not carrying out the correct duty of care and correct procedures, and that is not acceptable. Therefore, those guilty must be dealt with by the law and prevented from doing the same again.
Compensation for Victims
People who gain compensation in the event of suffering due to negligence are not being rewarded; they are being compensated for something that has negatively impacted their lives. Examples of this include people who have lost loved ones, those who are forced to give up work, those no longer able to walk, and those who have lost their hearing or eyesight. Compensation in some cases is needed so victims can get the healthcare they require or to compensate for a loss of earnings.
There are bad apples in the medical negligence industry including some who encourage others to sue when there aren’t the right circumstances for legal proceedings. However, the majority of Medical Negligence Solicitors are looking to help those in need; to improve the lives of victims and hold responsible those who have caused patient’s problems through negligence. There is an important distinction between genuine mistakes and negligence. Mistakes are acceptable while negligence is not, making it important to have the legal system to correctly deal with these issues when they occur.
Andrew Marshall ©
Criticisms
There have often been criticisms of medical negligence and medical negligence solicitors. They have been criticised for benefitting from mistakes made by others, especially so-called ‘ambulance chasers’, a term used to describe unethical lawyers who encourage victims to sue for damages caused. This type of thing has been blamed for much of the ‘blame culture’ and ‘suing culture’ that some claim has taken over society in recent years – with people always looking for someone to blame and looking to sue for anything they can.
The Reality
The reality is that you cannot sue for anything. For a successful legal case there must be genuine blame and genuine malpractice; we are not talking about innocent mistakes being made. Those who can be held legally responsible for medical malpractice are those who have failed to follow rules and regulations or taken unnecessary short cuts that have put others in danger. It is those who have deliberately ignored their responsibilities which has risked lives or the health of others.
Accountability
Where medical negligence has taken place it is important that those responsible are held accountable. Yes mistakes happen – but negligence cannot be accepted. Genuine mistakes are acceptable – everyone makes mistakes, including health professionals. However, there is a difference between this and taking actions that cause a greater than necessary risk of health problems for patience. Negligence is not carrying out the correct duty of care and correct procedures, and that is not acceptable. Therefore, those guilty must be dealt with by the law and prevented from doing the same again.
Compensation for Victims
People who gain compensation in the event of suffering due to negligence are not being rewarded; they are being compensated for something that has negatively impacted their lives. Examples of this include people who have lost loved ones, those who are forced to give up work, those no longer able to walk, and those who have lost their hearing or eyesight. Compensation in some cases is needed so victims can get the healthcare they require or to compensate for a loss of earnings.
There are bad apples in the medical negligence industry including some who encourage others to sue when there aren’t the right circumstances for legal proceedings. However, the majority of Medical Negligence Solicitors are looking to help those in need; to improve the lives of victims and hold responsible those who have caused patient’s problems through negligence. There is an important distinction between genuine mistakes and negligence. Mistakes are acceptable while negligence is not, making it important to have the legal system to correctly deal with these issues when they occur.
Andrew Marshall ©
Thursday, February 16, 2012
What does Financial Litigation Cover?
Financial litigation is an area of law that covers cases which deal with financial matters. It includes a wide variety of financial related laws and regulations. Here are examples of some of the areas included in financial litigation.
Money Owed to Businesses
If money is owed to a business, with no sign of this debt being paid, then they may seek legal assistance to make sure they received what they are owed. The most common situation where this is required is when someone has failed to pay an invoice despite being reminded several times. Businesses usually prefer to avoid legal proceedings but are sometimes forced to take this route. An example of this could be where a builder has carried out an extension on someone’s home but the homeowner refuses to pay. The builder may eventually contact a financial litigation solicitor for assistance.
Disputes Between Businesses
There are a multitude of financial disputes that can occur between two businesses. The most common is when one business owes money to another, often in exchange for a service that has already been carried out. An example is where a printing business has produced brochures for another company, who have yet to pay the agreed fee.
Money Owed to the Government
The most disputed issue relating to money being owed to the government is connected to outstanding tax bills. Cases that go all the way to court more often than not involve taxes owed by businesses. The government may use financial litigation lawyers to begin legal proceedings against the business concerned, while the business may hire their own lawyers to fight the case on their behalf.
Financial Fraud
There are several areas of financial fraud that can lead to legal cases. Once of these is embezzlement, which is where someone has taken ownership of funds or possessions in their trust but which don’t belong to them. Another example is money laundering, but there are also many others.
Mergers and Acquisitions
Mergers between businesses and businesses purchasing other businesses is a complex issue with many financial aspect involved. This, in turn, means there are many financial related legal matters to attend to, from the price paid to the share owned by different partners.
Administration and Liquidation
Unfortunately, there are times when businesses are failing and they may need to go into administration or be liquefied. There are obviously legal processes that must be undertaken where these situations arise.
Banking
There are many legal aspects to banking and it is important banks, and other institutions in the industry, adhere to the law. Financial litigation can cover a wide array of banking issues.
Financial litigation covers a wide range of legal requirement and disputes. Every industry, as well as individuals, may at one time or another be in a situation where financial litigation is required. The above are just some areas where it may be necessary, but is nowhere near an exhaustive list. Any legal matter involving finance could be described as coming under financial litigation.
Andrew Marshall ©
Money Owed to Businesses
If money is owed to a business, with no sign of this debt being paid, then they may seek legal assistance to make sure they received what they are owed. The most common situation where this is required is when someone has failed to pay an invoice despite being reminded several times. Businesses usually prefer to avoid legal proceedings but are sometimes forced to take this route. An example of this could be where a builder has carried out an extension on someone’s home but the homeowner refuses to pay. The builder may eventually contact a financial litigation solicitor for assistance.
Disputes Between Businesses
There are a multitude of financial disputes that can occur between two businesses. The most common is when one business owes money to another, often in exchange for a service that has already been carried out. An example is where a printing business has produced brochures for another company, who have yet to pay the agreed fee.
Money Owed to the Government
The most disputed issue relating to money being owed to the government is connected to outstanding tax bills. Cases that go all the way to court more often than not involve taxes owed by businesses. The government may use financial litigation lawyers to begin legal proceedings against the business concerned, while the business may hire their own lawyers to fight the case on their behalf.
Financial Fraud
There are several areas of financial fraud that can lead to legal cases. Once of these is embezzlement, which is where someone has taken ownership of funds or possessions in their trust but which don’t belong to them. Another example is money laundering, but there are also many others.
Mergers and Acquisitions
Mergers between businesses and businesses purchasing other businesses is a complex issue with many financial aspect involved. This, in turn, means there are many financial related legal matters to attend to, from the price paid to the share owned by different partners.
Administration and Liquidation
Unfortunately, there are times when businesses are failing and they may need to go into administration or be liquefied. There are obviously legal processes that must be undertaken where these situations arise.
Banking
There are many legal aspects to banking and it is important banks, and other institutions in the industry, adhere to the law. Financial litigation can cover a wide array of banking issues.
Financial litigation covers a wide range of legal requirement and disputes. Every industry, as well as individuals, may at one time or another be in a situation where financial litigation is required. The above are just some areas where it may be necessary, but is nowhere near an exhaustive list. Any legal matter involving finance could be described as coming under financial litigation.
Andrew Marshall ©
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