Stuart Chapman
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Renters’ Rights Act 2025: What Private Landlords Must Know to Avoid Hefty Fines
The Renters’ Rights Act comes into force on 1 May 2026, bringing the most significant changes to the private rented sector in a generation. Many of our residential landlord clients will already be aware of the headline reforms — the abolition of the Assured Shorthold Tenancy and the removal of the no-fault section 21 eviction procedure. However, there is a further obligation that requires immediate attention: the duty to serve a prescribed key information sheet on all qualifying tenants before 31 May 2026.
Failure to comply is not merely an administrative oversight. It is a breach of statutory duty carrying civil penalties and — in persistent cases — potential criminal prosecution. This article sets out what landlords need to know and do right now.
Overview of the Renters’ Rights Act 2025
The Renters’ Rights Act abolishes the Assured Shorthold Tenancy and replaces it with a single periodic tenancy structure. Section 21 no-fault evictions are removed entirely. In their place, landlords must rely on updated statutory grounds of possession, new notice forms, and revised rent increase procedures. The changes affect all private sector assured and assured shorthold tenancies in England.
With significant change comes significant risk. Using an outdated notice form or failing to comply with the new procedural requirements can be fatal to a possession claim. Taking early legal advice is essential to protect your position as a landlord.
The Key Information Sheet: What Is It and Who Must Serve It?
One of the immediate obligations under the Act is the requirement for landlords — and their letting agents — to provide a prescribed key information sheet to all tenants. This is a government-approved document setting out how tenants’ rights and tenancy structures will change as a result of the Act.
Who must receive it?
- All assured tenants and assured shorthold tenants must be served with the information sheet.
- For houses in multiple occupation (HMOs), each individual tenant must receive their own copy — a single copy to the household is not sufficient.
- The prescribed form must be used. Any variation or substitution will constitute non-compliance.
The deadline for service on existing tenants is 31 May 2026. The form must also be correctly served — incorrect or defective service is treated as a failure to serve.
What the Information Sheet Must Cover
The prescribed information sheet provides tenants with details of the following key changes:
- The end of section 21 no-fault evictions.
- The transition from fixed-term tenancies to the new single periodic tenancy system.
- Updated rent increase rules and how tenants can challenge unfair increases.
- The revised grounds of possession available to landlords.
- Enhanced rights for tenants to challenge unfair practices.
- How tenants can access support and make a complaint.
Penalties for Non-Compliance
A failure to serve the key information sheet is treated as a breach of statutory duty. The consequences are serious and escalate with the level of non-compliance:
- Initial civil penalty: Starting at approximately £4,000, rising to £7,000 where aggravating factors are present.
- Continued non-compliance beyond 28 days: May escalate to a criminal offence, with fines of up to £40,000.
- Serious or persistent cases: May result in criminal prosecution.
The simplest and most cost-effective strategy is to serve the form promptly, using the correct method of service, before the 31 May 2026 deadline.
What Landlords Should Do Now
To protect yourself from penalties and ensure compliance with the Renters’ Rights Act 2025, we recommend taking the following steps without delay:
- Obtain the current prescribed key information sheet from the government website and serve it on all assured tenants before 31 May 2025.
- Ensure each tenant in an HMO receives an individual copy — service on one tenant does not cover others.
- Serve the form in the legally correct manner. If in doubt, take advice on the correct method of service for each tenancy.
- Familiarise yourself with the new notice forms now required under the Act, including Form 3A and Form 4A. Using outdated forms can invalidate a possession claim entirely.
- Review your tenancy management processes in light of the new periodic tenancy structure and updated grounds of possession.
- Seek legal advice early if you anticipate needing to regain possession of a property — the new regime requires careful procedural compliance.
Need advice on the Renters’ Rights Act?
Our Property Litigation team advises private landlords on compliance, possession claims, and dispute resolution. Contact us today for a confidential discussion.
Call us on 0161 667 3686 or complete our online enquiry form.
About the Author
Paul Magee | Head of Property Litigation and Dispute Resolution, Prosperity Law LLP
Paul Magee is Head of Property Litigation and Dispute Resolution at Prosperity Law LLP, with extensive experience advising landlords, tenants, and property owners on a wide range of contentious and non-contentious property matters. His expertise encompasses possession proceedings, lease disputes, service charge disputes, and boundary and easement claims. Paul regularly advises on legislative changes affecting the private rented sector, helping clients navigate complex compliance requirements and protect their property interests.
SRA ID: 176479
Paul Magee
Head of Dispute Resolution
The Renters’ Rights Act 2025: What Landlords and Tenants Need to Know About Eviction
The Renters’ Rights Act 2025 received Royal Assent in October 2025 and is set to take effect on 1 May 2026. For landlords and tenants, one of the most significant changes concerns eviction procedure — specifically, the abolition of no-fault evictions and the move to a single, ground-based system. If you are a landlord considering seeking possession, or a tenant wanting to understand your rights, this article explains what is changing and what it means in practice.
What Is the Renters’ Rights Act 2025?
The Renters’ Rights Act 2025 is landmark legislation reforming England’s private rented sector. Among its most significant provisions, the Act abolishes assured shorthold tenancies (ASTs) and replaces them with assured periodic tenancies. This change fundamentally affects the routes available to landlords who wish to regain possession of their property.
The Two Eviction Routes Before the Act: Section 21 and Section 8
Before the Renters’ Rights Act comes into force, landlords with assured shorthold tenancies have two statutory routes for seeking possession:
Section 21 — The No-Fault Route
Section 21 allowed landlords to seek possession without establishing any fault on the part of the tenant. To rely on it, landlords must have served specific prescribed documents before the tenancy began — including the How to Rent guide, Energy Performance Certificate, and Gas Safety Certificate. A minimum of two months’ written notice was then required. Subject to compliance with these requirements, Section 21 offered landlords a relatively predictable route to obtaining possession without the need for a hearing and at modest cost (albeit in the absence of a break clause a section 21 claim could not be issued during the fixed term tenancy period).
Section 8 — The Ground-Based Route
Section 8 applies where a landlord can establish one or more specific statutory grounds for possession, set out in Schedule 2 of the Housing Act 1988. These relate to breaches of the tenancy provisions and the grounds include mandatory grounds — where the court must grant possession if the ground is proven — and discretionary grounds, where the court weighs up the circumstances. Common situations include significant rent arrears, anti-social behaviour, and other breaches of tenancy conditions. Where rent arrears form the basis for bringing a claim, as little as two weeks’ notice may be required.
However, Section 8 proceedings can become protracted. Tenants may defend the claim, dispute the level of arrears, or raise a counterclaim for compensation arising from the landlord’s failure to address disrepair. This can significantly extend the time and cost involved.
What Changes Under the Renters’ Rights Act 2025?
From 1 May 2026, the following changes take effect:
- All existing assured shorthold tenancies automatically convert to assured periodic tenancies.
- Section 21 — no-fault eviction — is abolished entirely.
- Section 8 becomes the only statutory route available to landlords seeking possession.
This is a fundamental shift. Landlords will need to establish a valid statutory ground under Section 8 in every possession case. The process will generally be longer, more complex, and potentially more costly — particularly where tenants choose to defend proceedings or raise counterclaims.
The abolition of Section 21 is also intended to address the problem of retaliatory eviction, where some unscrupulous landlords sought to remove tenants who raised legitimate complaints about the condition of their property. For tenants, the Act represents a meaningful improvement in security of tenure. The section 8 possession route will make it harder for security to be undermined in some situations.
The Section 21 Grace Period — What Landlords Need to Know Now
Given that Section 21 requires two months’ notice, and the Renters’ Rights Act takes effect on 1 May 2026, landlords who wish to rely on Section 21 are running out of time.
The Act does provide a limited grace period. A Section 21 notice served before 1 May 2026 can still be relied upon — but court proceedings must be issued within a prescribed period following service of the notice. Landlords should take legal advice urgently if they intend to proceed this way.
If a Section 21 notice is not served before 1 May 2026, the route will no longer be available. Any possession claim will need to proceed under Section 8, and landlords should be prepared for a more demanding, contested, and costly process.
What Does This Mean for Tenants?
For tenants, the abolition of Section 21 is a significant improvement. Landlords will no longer be able to remove tenants without providing a lawful reason, and the risk of retaliatory eviction with impunity — being served a Section 21 notice after complaining about disrepair or exercising legal rights — will be reduced if not eliminated
It is important to note, however, that Section 8 grounds will still allow landlords to seek possession where there is genuine cause, such as persistent rent arrears or anti-social behaviour. Improved security of tenure under the new regime does not mean unconditional security of tenure.
Need advice on eviction or possession proceedings?
Our specialist Property Litigation team advises landlords and tenants on all aspects of eviction law, including Section 21, Section 8, and the impact of the Renters’ Rights Act 2025.
Contact us today for expert legal guidance by calling us on 0161 667 3686
About the Author
Paul Magee is a Partner at Prosperity Law LLP and Head of Property Litigation in Manchester. He has extensive experience in all aspects of property disputes and is known as the solicitor who acted for the tenant in the Court of Appeal case of Wallace v Manchester City Council [1998], which established the principles for compensation for inconvenience in housing disrepair claims ( applicable to residential and commercial situations).
SRA ID: 176479
Paul Magee
Unregulated Probate Director Jailed Over Missing Estate Funds
A recent case has brought into sharp focus the serious consequences that can arise for anyone who undertakes the management and administration of an Estate. It also raises the question about whether to choose a regulated or non-regulated company.
Administration of an Estate carries hefty responsibilities not to be taken lightly. When duties are breached because of abuse or fraud then litigation and even criminal litigation may ensue.
It is not uncommon for a first time Executor or Executrix to instruct a professional administrator who is well acquainted with the tasks required to be undertaken. The professional chosen may be from a regulated or unregulated firm.
In a very recent case of John William Mason & Anor v Probate Specialist Ltd & Anor [2026] EWCC 10, the director of an unregulated probate company was sentenced to one year in prison for contempt of court after failing to account for £432,000 of estate funds. The judgment is a stark warning to executors, beneficiaries, and anyone involved in estate administration about the risks of engaging unregulated providers.
What Happened: The Facts of the Case
The deceased passed away in 2021. His executors appointed Probate Specialist Ltd (PSL), an unregulated probate business, to manage the administration of the estate. PSL obtained the grant of probate in January 2022, and in the months that followed, £505,000 of estate funds were transferred to PSL to manage as part of the administration.
Of that sum, PSL paid out £73,000 for what the court described as “legitimate purposes”. In October 2023, the director, Stephen Jameson, showed the executors a bank statement indicating PSL held £391,000 of estate funds. The shortfall — already unexplained at that stage — left only £432,000 unaccounted for.
By March 2025, the executors became aware that PSL was facing a Companies House strike-off application. When they instructed solicitors and requested the transfer of funds to a client account, Mr Jameson confirmed he still held the estate monies but failed to act. The police were subsequently informed of a potential fraud.
In December 2025, a proprietary asset freezing order was granted by the court, requiring Mr Jameson to serve an affidavit within 14 days disclosing the whereabouts of the assets. He did not comply within the required timeframe. When an affidavit was eventually served in February 2026, it contained no documentary evidence and offered no meaningful account of what had happened to the funds. Mr Recorder Adrian Jack found that Mr Jameson had made no serious attempt to investigate or disclose the fate of the money, and that his failure to comply with the court order was intentional.
The court imposed a sentence of one year’s imprisonment. A further disclosure order was made, requiring Mr Jameson to provide details of the missing funds by 1 May 2026, with the prospect of further contempt proceedings and a longer sentence if he fails to comply.
Executors and Administrators: Understanding the Roles
It is worth clarifying a distinction that often causes confusion. When a person dies leaving a valid will, the individuals appointed to deal with the estate are known as executors. When a person dies without a will (intestate), or where there was a will but no executor able or willing to act, an administrator may be appointed instead.
In this case, the deceased left a will and appointed executors. Those executors then engaged a company PSL to carry out the practical administration of the estate on their behalf. The obligations and duties of executors under English law are considerable: they must collect the assets of the estate, pay debts and liabilities, and distribute the remainder to beneficiaries in accordance with the will — all within a reasonable timeframe and with proper accounting throughout.
Engaging a third party to assist with administration does not remove those underlying duties. Executors remain responsible for overseeing the process and ensuring that estate funds are properly managed and accounted for.
The Risks of Using an Unregulated Probate Company
Generally, when deciding what type of firm to instruct at the outset it is a must to consider whether the firm is regulated or not and the implications of not using a regulated firm. In broad terms, everything is okay until its not and the value of peace of mind comes to the fore once things go wrong.
Probate services in England and Wales can be provided by a range of organisations. Solicitors are regulated by the Solicitors Regulation Authority (SRA). However, unregulated businesses — like PSL in this case — operate outside that framework, meaning they are not subject to the same professional obligations, financial controls, or consumer protections.
When you instruct an unregulated probate company, you may face a significantly higher risk in a number of key areas:
No professional indemnity insurance requirement
Regulated solicitors are obliged to hold professional indemnity insurance. This provides a financial safety net if something goes wrong. Unregulated providers have no such obligation.
No client account protections
Solicitors must comply with strict rules about holding client money in separate, protected accounts. Unregulated firms face no equivalent requirements.
No professional conduct code
Solicitors are bound by the SRA Code of Conduct, which imposes obligations around honesty, competence, and client care. Breach can result in disciplinary action, fines, or being struck off.
Limited redress
If a regulated solicitor acts improperly, clients can complain to the Legal Ombudsman or the SRA. With unregulated providers, the route to redress is primarily through the civil courts — which, as this case demonstrates, can be a long, costly, and uncertain process.
No SRA Compensation Fund
The SRA operates a compensation fund for clients who suffer loss as a result of a solicitor’s dishonesty or failure. This protection does not apply to unregulated providers.
When Litigation Becomes Necessary
Litigation is always a last resort, but as this case shows, it may sometimes be the only effective means of holding those responsible to account.
Where estate funds have been misappropriated or an administrator or executor has failed to fulfil their duties, a range of legal remedies may be available:
- Freezing injunctions: Where there is a risk that assets will be dissipated or hidden, the court can grant a freezing order preventing the respondent from dealing with assets. This was the mechanism used in the Mason case to seek to preserve the estate funds.
- Contempt proceedings: Where a person fails to comply with a court order, they may be held in contempt of court. As this case illustrates, contempt can result in a custodial sentence.
- Proprietary claims: Where estate assets have been wrongly transferred, beneficiaries or executors may bring a proprietary claim to recover those assets or their proceeds.
- Personal claims against executors or directors: Where loss is caused by breach of duty or fraud, personal claims for compensation may be brought against those responsible.
Pursuing litigation of this kind requires specialist legal expertise. Acting promptly is important: delay can affect the availability of remedies and the ability to trace assets.
Choosing a Regulated Solicitor: The Importance of Peace of Mind
The Mason case is a powerful reminder that engaging a regulated firm of solicitors for estate administration is not simply a matter of professional preference — it is a meaningful protection for executors, beneficiaries, and the estate as a whole.
At Prosperity Law LLP, our solicitors are regulated by the SRA, maintain full professional indemnity insurance, and are bound by strict professional conduct obligations. We provide transparent, accountable estate administration with proper accounting throughout, ensuring that executors fulfil their duties and beneficiaries receive what they are entitled to.
If you have already appointed an unregulated provider and have concerns about how the estate is being handled, or if funds appear to be missing or unaccounted for, it is important to take legal advice as a matter of urgency.
Speak to Our Contentious Probate Team
If you are concerned about the administration of an estate, believe estate funds have been mishandled, or need advice about bringing a claim against an executor, administrator, or probate provider, Prosperity Law LLP can help.
Paul Magee and his team offer specialist advice in probate disputes and contentious estate matters. Contact us today for a no-obligation initial conversation.
Paul is a member of ACTAPS.
If what is required is help with the administration of an Estate then we also have a Private Client team that can help.
You can call us on 0161 667 3686 or fill out the form below.
About the Author
Paul Magee is a Partner and Head of Property Litigation at Prosperity Law LLP (SRA ID: 176479). With over 35 years’ experience as a litigation solicitor, Paul specialises in contentious probate, property disputes, and will challenges, and has successfully represented clients in a wide range of complex litigation matters. He is recognised for his pragmatic approach to resolving disputes efficiently and cost-effectively.
Paul Magee
Partner and Head of Contentious Probate
Divorce Law Chester
Going Through a Divorce? Get Expert Legal Support
Free & Confidential Advice from Trusted Solicitors
Going Through a Divorce? We’re Here to Help You Move Forward.
Divorce is one of life’s most difficult chapters – emotionally, financially, and legally. First steps or final stages, you don’t have to go through it alone, our experienced divorce solicitors offer expert advice with compassion, confidentiality, and clarity.
Whether it’s keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Solicitor can make a world of difference to your outcomes.
Compiled by Prosperity’s expert family law team, the following list of Frequently Asked Questions outlines where you might benefit from legal advice, and why preparation and proactivity in many circumstances, is key.
Why Choose Prosperity Law for Your Divorce?
Specialist family law expertise
Our family law team is led by Partner Daniel Jones, with extensive experience handling divorce cases of all complexities — from straightforward separations to high-value financial disputes. You’ll work directly with a specialist, not be passed around a generalist team.
A free, discreet initial consultation
We offer every new client a free initial call with no obligation. It’s your chance to ask questions, understand your options, and decide whether we’re the right fit — with complete confidentiality.
Transparent about costs from the start
Legal fees are one of the biggest anxieties in divorce proceedings. We’ll always be upfront about likely costs before you commit to anything, so you can make informed decisions at every stage.
We work around you
Our offices are open Monday to Friday, 9am–5.30pm — but we understand that divorce doesn’t fit neatly into working hours. If you need to speak outside those times, just let us know. We’ll find a way to make it work.
A clear, three-step roadmap to peace of mind
Step 1 – Free Initial consultation
Tell us about your situation. We’ll listen without judgement, explain your options clearly, and give you an honest picture of where you stand — with no obligation to proceed.
Step 2 – Your Personal Action Plan
You’ll receive written advice setting out the legal issues, your realistic options, and the recommended next steps. Everything in plain English, nothing left unexplained.
Step 3 – We Get To Work
Once you’re ready to proceed, we act — with the tenacity and focus your case deserves. We’ll keep you informed at every stage so there are no surprises, only progress.
Your Questions, Answered
Book Your Free Discreet Consultation with our Divorce Solicitor Today. Call us on 01244 450782 or fill out the form below.
Daniel Jones
Partner, Family Law
Family Law Chester
Need Immediate Support
with a Family Law Issue?
Our Trusted Solicitors Are Here to Help.
Whether it’s divorce, child arrangement, or domestic issues, our experienced family law solicitors offer clear, compassionate advice when you need it most
Our expert team of family solicitors in Chester represent clients across England & Wales. And with in-depth experience of sensitive family law matters, they provide reassurance, advice, and early assessment of case outcomes on all matters concerning relationship breakdown, divorce, financial disputes and arrangements regarding children.
We support clients during the challenging times of family disputes and also clients who are looking to put things in place in case of future conflict. In both cases, our empathetic and knowledgeable approach puts our clients at ease and gives clarity where it’s required.
Why Choose Prosperity Law for Family Law?
Specialist family law expertise
Our family law team has extensive experience across all aspects of family law — divorce and financial settlements, children arrangements, cohabitation agreements, and more. You’ll work directly with a specialist, not be passed between departments.
A free, discreet initial consultation
We offer every new client a free initial call with no obligation. It’s a chance to explain your situation, ask questions, and understand your options — in complete confidence.
We explore alternatives to court first
Court proceedings are rarely the fastest or least stressful route. We’ll always look at negotiation, mediation, and collaborative approaches first — and where court action is unavoidable, we act swiftly and effectively on your behalf.
Transparent about costs from the start
Legal fees are one of the biggest anxieties in family law proceedings. We’ll always be upfront about likely costs before you commit to anything, so you can make informed decisions at every stage.
We work around you
Family law issues don’t follow office hours — and neither do we. Our offices are open Monday to Friday, 9am–5.30pm, but if you need to speak outside those times, just let us know. We’ll do our best to accommodate you.
A clear, three-step roadmap to peace of mind
Step 1 – Free Initial consultation
Tell us about your situation. We’ll listen without judgement, explain your options clearly, and give you an honest picture of where you stand — with no obligation to proceed.
Step 2 – Your Personal Action Plan
You’ll receive written advice setting out the legal issues, your realistic options, and the recommended next steps. Everything in plain English, nothing left unexplained.
Step 3 – We Get To Work
Once you’re ready to proceed, we act — with the tenacity and focus your case deserves. We’ll keep you informed at every stage so there are no surprises, only progress.
Your Questions, Answered
Book Your Free Discreet Consultation with our Family Law Solicitor Today. Call us on 01244 450 782 or fill out the form below.
Daniel Jones
Partner, Family Law
The April 2026 Employment Law Reforms: What’s Changing and What Should Employers Do Now?
Employment Law Changes April 2026
The Employment Rights Act 2025 ushers in some of the most wide-ranging employment law reforms in over a decade. The first major wave of changes comes into force on 6 April 2026, touching core areas including family leave, statutory sick pay, flexible working, redundancy protections, whistleblowing, and workplace enforcement.
These are not merely administrative tweaks. For employers, HR professionals and business leaders, April 2026 represents a structural reset in how employment rights are accessed, enforced and protected. Below, Prosperity Law’s Employment Partner Rachel Evans sets out the six key changes and what each one means in practice.
What’s Changing from 6 April 2026?
The six major reforms coming into force are:
- Day-one rights to paternity leave and unpaid parental leave
- Major reforms to statutory sick pay (SSP), including removal of waiting days and the lower earnings limit
- Establishment of the new Fair Work Agency (FWA) with powers to investigate, issue penalties and enforce employment rights
- An increased collective redundancy protective award — rising from 90 to 180 days’ pay
- Strengthened whistleblowing protections for disclosures relating to sexual harassment
- Expansion of flexible working rights, including day-one rights
A Closer Look: What Each Reform Means in Practice
1. Day-One Rights to Paternity Leave and Unpaid Parental Leave
This is one of the cleaner, simpler changes — but that does not make it straightforward to manage operationally. The entitlement itself is unlikely to catch employers out. What will, is the lack of readiness for it.
Employers who rely heavily on early-stage induction periods may feel the impact first. A new starter could, in theory, request leave within days of joining. This change requires up-front planning rather than reactive management. Employers should review their policies, update onboarding processes and ensure line managers understand the new position before April arrives.
2. Statutory Sick Pay: The Reform with the Biggest Financial Ripple Effect
The removal of the three-day waiting period and the lower earnings limit fundamentally changes how SSP works — and it will change behaviour as well as entitlement.
Rachel anticipates a meaningful increase in short-term sickness claims. When there is no financial disincentive to report a single day’s absence, more employees will do so — and rightly, in many cases. But for employers, this means more administration, more payroll complexity and a greater need for consistent, early-stage absence management.
Without tightening documentation requirements and investing in manager training, employers may face sharp cost increases and inconsistent application across teams. This is the reform that demands the most urgent operational response.
3. The Fair Work Agency: The “Sleeper” Issue Reshaping Enforcement
The establishment of the Fair Work Agency (FWA) will not hit employers overnight, but its long-term effect on the enforcement landscape could be significant. The FWA brings together powers to investigate, penalise and enforce employment rights across the board — a level of regulatory coordination that simply has not existed in this form before.
Employers should treat this as a clear signal that compliance standards are rising. Policies alone will not be enough. Record-keeping accuracy, payroll compliance and audit readiness are now strategic necessities, not administrative tasks. If you cannot demonstrate a culture of compliance, the FWA has the tools to find that out.
4. Collective Redundancy Protective Awards: The Stakes Have Doubled
Increasing the protective award from 90 to 180 days’ pay is a significant financial development for any employer carrying out large-scale restructures. Tribunal scrutiny in this area was already substantial — it will now intensify further.
Employers need to stop treating collective consultation as a procedural formality and recognise it as a genuine legal exposure point. Any deviation from consultation requirements — rushed timelines, inadequate information, superficial engagement — carries significantly higher financial consequences from April. The price of getting this wrong has, quite literally, doubled.
5. Strengthened Whistleblowing Protections
Extending whistleblowing protections to disclosures relating to sexual harassment is a sensible and necessary development. However, it is likely to drive an increase in whistleblowing-related litigation.
The risk does not lie in employees raising concerns — it lies in how managers respond when they do. Many employers underinvest in whistleblowing training, particularly at middle-management level, and this is precisely where cases arise. Without clear, consistent investigation processes and robust anti-retaliation safeguards, employers could find themselves facing complex and costly claims that were entirely avoidable.
6. Flexible Working Rights: The Reform Most Likely to Generate Procedural Errors
The right to request flexible working from day one is manageable in principle. What causes problems in practice is the quality of written reasoning when a request is refused — and that is where employers consistently fall short.
As expectations shift toward flexibility as a default rather than an exception, tribunals are likely to scrutinise refusals more closely. Employers need to ensure that managers can articulate clear, evidence-based business reasons for any refusal and document them properly. Poor documentation will become a liability, not just an inconvenience. Retraining managers now, before April, is essential.
What Should Employers Do Now to Prepare?
With April 2026 approaching, there are several practical steps employers should be taking immediately:
- Review and update policies on sickness absence, flexible working and family leave, ensuring they reflect the new day-one entitlements and SSP rules
- Audit HR and payroll systems to ensure absence reporting and payroll processing are aligned with the SSP changes from day one
- Improve onboarding processes to account for the possibility of early leave requests under the new day-one family leave rights
- Train managers on decision-making and documentation, particularly around flexible working refusals, absence management and collective redundancy consultation
- Strengthen record-keeping practices ahead of the FWA’s enhanced enforcement powers — compliance needs to be evidenced, not just asserted
- Review whistleblowing policies, reporting channels and investigation processes to ensure they are fit for purpose and that managers at all levels are equipped to respond appropriately
- Communicate changes clearly to employees to manage expectations and support smooth implementation across the business
Final Thoughts
The April 2026 reforms represent a meaningful shift in how employment rights are accessed, enforced and protected. Some changes strengthen fairness; others increase operational pressure. But all of them require employers to move away from old assumptions about when rights begin, how compliance is demonstrated and what the consequences of getting things wrong now look like.
The real question now is not what’s changing — it’s how employers will respond.
Need advice on preparing for the April 2026 reforms?
Our Employment Team works with businesses of all sizes to navigate employment law changes with confidence. Whether you need policy reviews, manager training or strategic guidance on restructuring, we’re here to help. Contact us today to speak with one of our employment specialists. Call us on 0151 958 0057 or fill out the form below
About the Author
Rachel Evans – Partner, Employment Team
Rachel Evans is a Partner in Prosperity Law’s Employment Team, with over two decades of specialist employment law expertise. Known for her pragmatic, plain-English approach, Rachel works closely with employers across the public and private sectors — from SMEs and large organisations to local authorities, healthcare bodies, trade unions and the Police Federation.
Rachel advises on the full range of employment matters, including workforce restructuring and redundancies, dismissals and disciplinary processes, grievances, discrimination and equality, TUPE, senior executive disputes and settlement negotiations. She has secured significant outcomes for clients in complex, high value matters and is recognised for her ability to balance legal risk, operational needs and commercial strategy.
With employment law continuing to evolve at pace, Rachel prides herself on staying at the forefront of legal and practical developments, ensuring clients receive advice that is not only accurate and compliant, but forward-thinking.
Rachel Evans
Employment Partner
Breach of Contract: When Should You Take Legal Action?
If someone has broken the terms of a contract with you, your first question is likely: what can I do about it? And the follow-up is usually: should I go to court?
The short answer is that court proceedings should be a last resort. Most contractual disputes are resolved through direct negotiation or alternative methods of dispute resolution. But there are situations where litigation becomes the only realistic option — and knowing when you have reached that point can save you time, money, and frustration.
What Is a Breach of Contract?
A contract exists whenever two or more parties exchange promises that they intend to be legally bound by. It does not need to be written down — verbal agreements can be just as enforceable. The key elements are a mutual exchange of promises, an intention to be bound, and reliance on one another to perform.
A breach of contract occurs when one party fails to perform an obligation as promised. That could mean delivering goods late, providing a substandard service, refusing to carry out part of the agreement, or failing to perform the contract at all.
What Are the Different Types of Breach?
Contracts come in all shapes and sizes — from acquiring a business or shares in a company, to purchasing or supplying goods and services, to establishing a partnership or joint venture. But regardless of the type of contract, breaches generally fall into four categories.
Defective or Incomplete Performance
This is the most common type of breach. One party carries out their obligations, but not to the standard or scope agreed. For example, a supplier delivers goods that do not meet the agreed specification, or a contractor completes a project but leaves key elements unfinished.
Late Performance
The obligations are fulfilled, but not within the agreed timeframe. Whether late performance amounts to a serious breach depends on the contract. In some agreements, time is explicitly stated to be “of the essence,” meaning any delay is treated as a fundamental breach. In others, a reasonable delay may not justify termination but could still give rise to a claim for losses caused by the delay.
Refusal to Perform
One party communicates — whether explicitly or through their conduct — that they will not carry out certain obligations under the contract. This is sometimes referred to as an anticipatory breach, because the breach occurs before performance is actually due.
Total Failure to Perform
The most serious category. One party simply does not perform the contract at all. This will almost always amount to a repudiatory breach, giving the innocent party the right to terminate the contract and claim damages.
Not all breaches carry the same weight. Some are minor and easy to fix — a short delay or a small shortfall in delivery, for example. Others are fundamental and can undermine the entire purpose of the contract. The distinction matters, because the severity of the breach determines your options for responding to it.
Think you may be dealing with a breach of contract? Contact our commercial litigation team to discuss your situation and understand your options.
When Should You Consider Court Proceedings?
Court should be the last resort — but sometimes it is the right one. Litigation typically becomes necessary when direct negotiation and other forms of dispute resolution have been tried and have not produced a settlement. The most common situations where court proceedings become appropriate include the following.
Significant financial loss without adequate compensation. If you have suffered a substantial financial loss because of the breach, and the other party has not offered reasonable compensation, you may need to pursue a damages claim through the court to recover what you are owed.
A dispute over whether a breach has occurred. Sometimes the disagreement is not about the consequences of a breach, but about whether there has been a breach at all. The parties may disagree about what the terms of the contract were, what those terms mean, or whether the conduct in question falls short of what was agreed. Where the parties cannot resolve that disagreement between themselves, the court may need to decide.
Both parties accuse each other of breach. Disputes become significantly more difficult to settle when each side believes the other is at fault. In these situations, the positions are often entrenched and a neutral decision from the court may be the only way to break the deadlock.
Failure to remedy a breach. If the party in breach has had the opportunity to put things right — for example, by completing an unfinished delivery or making an overdue payment — but has failed to do so, court proceedings may be the only way to compel action or secure compensation.
A repudiatory breach. This is the most serious type of breach. It occurs when one party communicates that they will not perform their obligations at all, acts in a way that makes performance impossible, or commits a breach so fundamental that it undermines the entire contract. A repudiatory breach gives the innocent party the right to terminate the contract and claim damages.
You need a remedy that only the court can provide. Some remedies are only available through the court. If you need an injunction to prevent further breaches from occurring, or an order for specific performance requiring the other party to fulfil their obligations, you will need to issue proceedings.
Unsure whether your dispute warrants court proceedings? Speak to Andrew Farrell and the litigation team for practical, commercial advice on your next steps.
What Is Pre-Action Conduct and Why Does It Matter?
Before you can issue court proceedings, the court expects you to have taken reasonable steps to try to resolve the dispute. These steps are set out in a series of Pre-Action Protocols, and failing to follow them can have serious consequences.
What Do the Protocols Require?
The specific requirements depend on the subject matter of your claim, but the common thread across all Protocols is the same. The claiming party must send a detailed letter of claim setting out their case. The defending party must respond with a detailed letter of response. Both sides should exchange relevant information and documentation. And both sides should attempt to settle the dispute — which may include mediation — before proceedings are issued.
What Happens If You Do Not Comply?
The court takes pre-action conduct seriously. If you issue proceedings without following the relevant Protocol, the court can impose sanctions. The most common consequence is an adjustment to the costs order at the end of the case — meaning you could win your case but recover significantly less of your legal costs than you would have done had you complied. In some cases, the court may stay (pause) proceedings to allow the Protocol steps to be completed.
Non-compliance can prove very costly. It is always worth taking the time to follow the Protocol properly before issuing a claim, even if you are confident that the dispute will ultimately need to be resolved in court.
How Our Commercial Litigation Solicitors Can Help
Whether you are dealing with a minor contractual dispute or a serious breach that threatens your business, getting the right legal advice early makes a significant difference. We can help you assess the strength of your position, understand the remedies available to you, and decide on the most effective strategy — whether that involves negotiation, mediation, or court proceedings.
We handle breach of contract claims for businesses and individuals across a wide range of sectors. Where litigation is necessary, we will guide you through the process from pre-action steps to trial. Where it can be avoided, we will work with you to find a commercial, cost-effective resolution.
Facing a breach of contract? Contact Andrew Farrell and the commercial litigation team to discuss your case. Call us on 0161 337 4646 or complete the form below to arrange an initial discussion.
About the Author
Andrew Farrell is the Office Managing Partner and leads the Manchester litigation team. A solicitor since 1998 (SRA ID: 42723), he is an experienced commercial litigator handling a wide variety of business disputes, including professional negligence, breaches of contract, directors’ duties, shareholders’ rights, sale and supply of goods and services, construction disputes and fraud.
Andrew has represented clients in court proceedings up to and including the Supreme Court, but is also a strong advocate for alternative dispute resolution — particularly mediation — to achieve commercial, cost-effective solutions.
Andrew Farrell
Partner and Head of Commercial Litigation
Family Law – Manchester
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Whether it’s divorce, child arrangement, or domestic issues, our experienced family law solicitors offer clear, compassionate advice when you need it most
Our expert team of family solicitors in Manchester and Lancashire represent clients across England & Wales. And with in-depth experience of sensitive family law matters, they provide reassurance, advice, and early assessment of case outcomes on all matters concerning relationship breakdown, divorce, financial disputes and arrangements regarding children.
We support clients during the challenging times of family disputes and also clients who are looking to put things in place in case of future conflict. In both cases, our empathetic and knowledgeable approach puts our clients at ease and gives clarity where it’s required.
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Specialist family law expertise
Our family law team has extensive experience across all aspects of family law — divorce and financial settlements, children arrangements, cohabitation agreements, and more. You’ll work directly with a specialist, not be passed between departments.
A free, discreet initial consultation
We offer every new client a free initial call with no obligation. It’s a chance to explain your situation, ask questions, and understand your options — in complete confidence.
We explore alternatives to court first
Court proceedings are rarely the fastest or least stressful route. We’ll always look at negotiation, mediation, and collaborative approaches first — and where court action is unavoidable, we act swiftly and effectively on your behalf.
Transparent about costs from the start
Legal fees are one of the biggest anxieties in family law proceedings. We’ll always be upfront about likely costs before you commit to anything, so you can make informed decisions at every stage.
We work around you
Family law issues don’t follow office hours — and neither do we. Our offices are open Monday to Friday, 9am–5.30pm, but if you need to speak outside those times, just let us know. We’ll do our best to accommodate you.
A clear, three-step roadmap to peace of mind
Step 1 – Free Initial consultation
Tell us about your situation. We’ll listen without judgement, explain your options clearly, and give you an honest picture of where you stand — with no obligation to proceed.
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You’ll receive written advice setting out the legal issues, your realistic options, and the recommended next steps. Everything in plain English, nothing left unexplained.
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Once you’re ready to proceed, we act — with the tenacity and focus your case deserves. We’ll keep you informed at every stage so there are no surprises, only progress.
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Going Through a Divorce? We’re Here to Help You Move Forward.
Divorce is one of life’s most difficult chapters – emotionally, financially, and legally. First steps or final stages, you don’t have to go through it alone, our experienced divorce solicitors offer expert advice with compassion, confidentiality, and clarity.
Whether it’s keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Solicitor can make a world of difference to your outcomes.
Prosperity’s expert family law team take the time to understand your circumstances and provide clear, constructive advice at every stage.
What Our Clients Say
Why Choose Prosperity Law for Your Divorce?
Specialist family law expertise
Our family law team is led by Partner Judith O’Brien, with extensive experience handling divorce cases of all complexities — from straightforward separations to high-value financial disputes. You’ll work directly with a specialist, not be passed around a generalist team.
A free, discreet initial consultation
We offer every new client a free initial call with no obligation. It’s your chance to ask questions, understand your options, and decide whether we’re the right fit — with complete confidentiality.
Transparent about costs from the start
Legal fees are one of the biggest anxieties in divorce proceedings. We’ll always be upfront about likely costs before you commit to anything, so you can make informed decisions at every stage.
We work around you
Our offices are open Monday to Friday, 9am–5.30pm — but we understand that divorce doesn’t fit neatly into working hours. If you need to speak outside those times, just let us know. We’ll find a way to make it work.
A clear, three-step roadmap to peace of mind
Step 1 – Free Initial consultation
Tell us about your situation. We’ll listen without judgement, explain your options clearly, and give you an honest picture of where you stand — with no obligation to proceed.
Step 2 – Your Personal Action Plan
You’ll receive written advice setting out the legal issues, your realistic options, and the recommended next steps. Everything in plain English, nothing left unexplained.
Step 3 – We Get To Work
Once you’re ready to proceed, we act — with the tenacity and focus your case deserves. We’ll keep you informed at every stage so there are no surprises, only progress.
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Book Your Free Discreet Consultation with our Divorce Solicitor Today. Call us on 0161 464 9706 or fill out the form below.
Judith O'Brien
Partner, Family Law
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each other’s property, finances, or estate.
The consequences of this can be devastating — and they often come as a genuine shock. A cohabitation agreement is one of the most effective ways to protect yourself and your partner, but first, it helps to understand exactly what you do and don’t have without one.
Do Unmarried Partners Have Rights Over Property?
If one partner moves into a property owned by the other, they do not automatically acquire a legal interest in it — even if they contribute to household bills, maintenance costs, or renovations. Without a formal legal agreement or a declaration of trust, the non-owning partner may leave the relationship with nothing, regardless of how long they have lived there.
Even where both partners own the property jointly, disputes can arise over shares of equity on separation. The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) governs how courts resolve such disputes — but litigation under TOLATA is costly and uncertain. A cohabitation agreement, agreed in advance, removes that uncertainty entirely.
Unsure whether your living arrangements are legally protected? Speak to our family law team for confidential advice — we can help you understand your position and whether a cohabitation agreement is right for you.
Inheritance Rights for Cohabiting Couples
Unless a valid Will is in place, a cohabiting partner has no automatic right to inherit from the other. If a partner dies without a Will, their estate will be distributed under the rules of intestacy — which prioritise blood relatives over an unmarried partner, regardless of the length or nature of the relationship.
This can result in a surviving partner being left with nothing, even where they have shared a home and a life for many years. Under the Inheritance (Provision for Family and Dependants) Act 1975, a surviving partner may be able to make a claim — but this requires costly court proceedings and carries no guarantee of success.
Ensuring both partners have properly drafted Wills, reviewed regularly, is an essential complement to any cohabitation agreement.
What Rights Do Step-Parents Have Over Children?
For those who have helped raise a partner’s child, the legal position can be particularly painful. Without parental responsibility — which is not acquired automatically — a step-parent or non-biological parent has no legal right to have contact with a child following a separation or the death of a partner.
Under the Children Act 1989, parental responsibility can be acquired in certain circumstances, but it does not arise simply by virtue of living with or raising a child. The absence of any formal arrangement can cause significant distress for both the adult and the child.
Financial Support and Pension Rights After Separation
Unlike a married couple or civil partners, cohabiting partners have no automatic right to financial support from each other on separation. There is no equivalent of spousal maintenance for unmarried couples, regardless of how long the relationship has lasted or what sacrifices either party has made.
The only exception relates to children: under the Child Support Act 1991, a parent has a financial obligation to their child — but not to a former partner, even where that partner has significantly reduced their earning capacity to care for the family.
Pension entitlement is perhaps the most overlooked financial risk. On separation, an unmarried partner has no right to share in the other’s pension — no matter how large it is or how long the relationship lasted. This can have significant long-term consequences, particularly where one partner has worked part-time or taken a career break to raise children.
A recent case illustrates the point clearly. A client came to us following a long-term relationship, anticipating he would face a substantial financial settlement. He had a significant pension, personal savings, and adult children. His partner, by contrast, had modest savings, a lower income, and had spent much of her working life in part-time employment to raise their family. Because they were unmarried and had no cohabitation agreement in place, he had no obligation to share his pension or assets. The financial imbalance was stark — and entirely avoidable, had the couple addressed their position formally at the outset of their relationship.
Why You Need a Cohabitation Agreement
A cohabitation agreement is a legally binding document that sets out how a couple will manage their financial affairs, property, and other arrangements — both during the relationship and in the event that it breaks down. It can cover:
- Ownership of property and how any equity should be divided
- Financial contributions and how shared expenses are managed
- What happens to jointly owned assets on separation
- Arrangements for any children of the relationship
Having a cohabitation agreement in place provides certainty and peace of mind. It protects both parties — not just the financially stronger one — and helps avoid costly, distressing legal disputes if the relationship ends.
Ready to put a cohabitation agreement in place?
Contact Judith O’Brien and our family law team today to arrange a confidential consultation. Call 0161 667 3686 or use the form below.
About the Author
Judith O’Brien — Partner, Family Law
Judith O’Brien is a Partner in the Family Law team at Prosperity Law and a member of Resolution, the organisation committed to a non-confrontational approach to resolving family matters, whether financial or child-related. She holds the Law Society’s Advanced Family Law Panel qualification, recognising specialist expertise in both children law and financial matters arising from relationship breakdown.
With over 30 years’ experience in family law, Judith advises clients on cohabitation agreements, separation agreements, divorce, financial settlements, pre-nuptial and post-nuptial agreements, and children law matters including contact arrangements, residence, and school decisions.
Solicitor, admitted 1997 | SRA ID: 176870
Divorce Law – Judith
Going Through a Divorce? Get Expert Legal Support
Trusted & Confidential Advice from Expert Solicitors
Going Through a Divorce? We’re Here to Help You Move Forward.
Divorce is one of life’s most difficult chapters – emotionally, financially, and legally. First steps or final stages, you don’t have to go through it alone, our experienced divorce solicitors offer expert advice with compassion, confidentiality, and clarity.
Whether it’s keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Solicitor can make a world of difference to your outcomes.
Compiled by Prosperity’s expert family law team, the following list of Frequently Asked Questions outlines where you might benefit from legal advice, and why preparation and proactivity in many circumstances, is key.
Key things to know
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We know that going through a divorce can be one of the most emotionally difficult times in your life, and finding time to deal with it during working hours isn’t always easy. While our office hours are Monday to Friday, 9am–5.30pm, we’ll always do our best to work around your schedule. If you need to speak outside those hours, just let us know – we’re here to support you, not add more stress.
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Frequently Asked Questions
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Judith O'Brien
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Family Law – Judith
Expert Family Law Solicitors
Our Trusted Solicitors Are Here to Help.
Whether it’s divorce, child arrangement, or domestic issues, our experienced family law solicitors offer clear, compassionate advice when you need it most
Our expert team of family solicitors in Manchester and Lancashire represent clients across England & Wales. And with in-depth experience of sensitive family law matters, they provide reassurance, advice, and early assessment of case outcomes on all matters concerning relationship breakdown, divorce, financial disputes and arrangements regarding children.
We support clients during the challenging times of family disputes and also clients who are looking to put things in place in case of future conflict. In both cases, our empathetic and knowledgeable approach puts our clients at ease and gives clarity where it’s required.
Key things to know
Support that fits around your life
We understand that family law issues – whether it’s separation, child arrangements, or anything in between – can be deeply personal and emotionally overwhelming. Our office is open Monday to Friday, 9am–5.30pm, but we also know that life doesn’t always stick to business hours. If you need to speak to us outside of these times, just let us know. We’ll always do our best to accommodate you, because when it comes to family, flexibility and compassion matter.
A clear, three-step roadmap to peace of mind
Step 1 – Initial consultation
We’ll arrange a meeting to discuss your case, options, and answer any questions you have.
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You’ll receive written advice summarising the legal issues and your next steps.
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The third step is to make positive progress in your matter but only when you are comfortable and ready.
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A Groundbreaking Reform for Leaseholders: What the Government’s New Ground Rent Cap Means for You
The Government has yesterday (27th January) published a draft Commonhold and Leasehold Reform Bill that will fundamentally reshape the Residential Property leasehold landscape in England and Wales. Central to the announcement is the introduction of a £250 per year cap on ground rents, with a guaranteed move to a peppercorn (zero) ground rent after a 40-year transition period. Alongside a ban on new leasehold houses and strengthened routes into commonhold, this represents the most significant shift in residential property law in a generation.
At Prosperity Law, we’ve analysed the key elements of the reforms and what they mean for leaseholders, freeholders, investors and landlords. Here’s our assessment and advice.
What Is Ground Rent?
Ground rent is a financial obligation that some leaseholders pay to the freeholder (landowner) under the terms of a lease. Historically, ground rents have ranged from modest sums to highly inflated figures, especially where they are escalating, compound or linked to market indices.
While ground rent started as a nominal payment, in many long leases taken out over the past few decades it became a significant ongoing cost with no additional service provided. This has caused particular problems where:
- Ground rent doubles every 10 or 15 years;
- It makes a property harder to sell; and
- Mortgage lenders will not lend against properties with high or escalating ground rents.
In essence, ground rent has been a hidden cost of homeownership for millions of leaseholders — until now.
According to government data, there are approximately 3.8 million leasehold properties with a ground rent obligation across England and Wales. The average ground rent is around £304 per year, though amounts vary significantly. Some ground rents are fixed, while others escalate over time, sometimes doubling every 10 or 20 years.
The New £250 Ground Rent Cap: Key Details
Who Will Benefit?
The reforms will benefit existing leaseholders of residential properties in England and Wales whose leases include ground rents. According to the government’s policy statement Addressing unregulated and unaffordable ground rent (January 2026), between 770,000 and 900,000 leaseholders currently pay more than £250 per year in ground rent. These individuals will see immediate savings once the cap comes into force.
This includes:
- Leaseholders of flats;
- Owners of leasehold houses; and
- Investors or landlords with leasehold interests in residential property.
These measures are aimed at anyone with a lease that imposes a financial burden purely for the right to occupy a home.
Importantly, the Government has stated that over 5 million leaseholders and future homeowners will see improved protections, with many saving thousands of pounds over the term of their leases.
In total, leaseholders paid over £600 million in ground rents in 2025. The government projects that leaseholders will save between £10 billion and £12.7 billion over the lifetime of their leases as a result of these reforms.
When Will It Take Effect?
The draft Bill will now undergo pre-legislative scrutiny by the Housing, Communities and Local Government Select Committee. Subject to parliamentary approval and implementation timelines, the ground rent cap could come into force in late 2028.
While some changes — such as those introduced in the Leasehold and Freehold Reform Act 2024 — are already rolling out, the ground rent cap itself will take effect once the new Bill is enacted.
The 40-Year Transition to Peppercorn Rent
Crucially, the reforms will not simply cap ground rents at £250. They go further:
- Ground rents start capped at £250 per year; and
- After 40 years from implementation, all qualifying ground rents will automatically reduce to a peppercorn — effectively zero.
This transition approach recognises that:
- There are existing contractual and valuation consequences that need managing; but
- All leaseholders should ultimately benefit from the removal of ground rents.
For those concerned about the value of their leasehold interest or the impact on freeholders, the extended transitional period gives time to adjust.
Why Does This Matter?
Mortgage and Property Sale Issues
One of the biggest practical issues for leaseholders has been the retention of mortgage finance and property marketability.
Mortgage lenders typically impose strict criteria on leases , including ground rent amounts and escalation clauses. Where ground rents are high or escalate dramatically, lenders may:
- Decline to lend on the property, or
- Apply higher risk pricing.
Consequently, many leaseholders found their homes harder to sell, particularly where their leases contained onerous ground rent terms. The Government’s new cap — and future peppercorn rent — will remove a major barrier for lenders and buyers alike.
This should:
- Improve marketability of existing leasehold homes; and
- Boost equity realisation for sellers.
However, until the cap takes effect in law, leaseholders with problematic ground rents may still encounter difficulty placing properties on the market.
The End of the Assured Shorthold Tenancy (AST) Trap?
The reforms — when coupled with broader leasehold changes that are already in force — also address what has been called the “AST trap.”
Many leasehold homes are rented privately under Assured Shorthold Tenancies. Historically:
- Private landlords holding leasehold interests would pass on ground rent increases to tenants; and
- Tenants had limited control or awareness of leasehold terms affecting their landlord’s ability to manage the building.
By capping ground rents and supporting pathways into commonhold, tenants — whether occupiers or future buyers — benefit from a more stable, transparent and equitable system.
What Leases Are Covered?
The ground rent cap applies to residential leases in England and Wales that include a ground rent obligation. This will typically include:
- Flat leases;
- House leases with ground rent provisions; and
- Mixed-use leases with residential components.
Importantly, leases granted after the Leasehold Reform (Ground Rent) Act 2022 already have ground rents effectively abolished for most new long residential leases. The new cap focuses on tackling unfair or unaffordable ground rents in existing older leases.
Certain specialised lease types — such as commercial or agricultural leases — are not within scope.
Other Key Reforms in the Bill
In addition to the ground rent cap, the draft Commonhold and Leasehold Reform Bill includes several major changes:
Ban on New Leasehold Flats
The Government plans to prohibit the future sale of residential leasehold flats, meaning:
- Developers cannot create new leasehold flats for sale; and
- New homebuyers will have greater clarity and control over how they own their home.
This applies to residential homes and supports the long-term shift away from traditional leasehold.
Reforming Forfeiture and Debt Enforcement
The Bill will abolish forfeiture for relatively low debts, a practice that has previously allowed freeholders to:
- Reclaim homes for arrears as small as £350; and
- Leave leaseholders at risk of losing their equity over minor defaults.
A new enforcement regime will replace this with fairer protections.
Easier Pathways to Commonhold
Commonhold — where homeowners collectively own and manage their building without a landlord — has long been proposed as the ideal alternative to leasehold. The Bill:
- Introduces a revamped commonhold framework;
- Makes it easier for existing leaseholders to convert where a majority agree; and
- Strengthens rights over building management, budgets and repairs.
This signals a shift towards genuine ownership and democratic control of residential buildings.
Changes Already in Place Since the 2024 Act
Some leasehold reforms are already being rolled out under the Leasehold and Freehold Reform Act 2024, including:
- Greater transparency over service charges, giving leaseholders stronger ability to challenge unfair costs;
- Mandatory disclosure requirements for landlords; and
- Early steps to improve accountability in building management.
These reforms lay the groundwork for the broader changes now brought forward in the draft Bill.
What Should Leaseholders Do Now?
Here’s our practical advice for leaseholders and their advisors:
Review Your Lease Terms
Understand:
- Your current ground rent provisions;
- Any escalation clauses; and
- How close you are to breaching mortgage lender criteria.
Consider Timing of Sales or Refinance
If you are considering selling or refinancing:
- Act now if your current lease terms may be problematic before the reforms take effect;
- Use expert advice to navigate lender requirements; and
- Prepare evidence of how the new reforms will benefit future valuation.
Engage on Commonhold Opportunities
If you live in a building with multiple owners:
- Explore whether commonhold conversion may be beneficial;
- Understand the majority support required; and
- Get professional advice on costs and governance arrangements.
Seek Legal Assistance Early
Leasehold reform is complex. Professional guidance can help you:
- Interpret how the new Bill affects your specific lease;
- Assess timing of legal strategies; and
- Maximise the financial and legal benefits of reform.
Conclusion
The Government’s announcement marks a landmark moment for residential property law. By capping ground rents at £250 and ultimately abolishing them, banning new leasehold homes, and empowering leaseholders with better protections and routes into commonhold, this reform addresses decades of imbalance in the leasehold system.
At Prosperity Law, we welcome this shift towards fairness and control for homeowners. But active management of existing interests — including lease reviews and strategic planning — remains essential.
If you’re a leaseholder, landlord or investor with questions about how the reforms affect you, contact us for tailored advice.
Contact Our Property Solicitors
For any queries please fill out the form below and a member of our highly experienced property team will get back you.
About the author
Warren Kaye | Solicitor & Head of Residential Property
Admitted: 16 January 2006 | SRA ID: 42683
Warren is a solicitor with over 25 years of experience in residential property, with a particular specialism in volume conveyancing operations. He joined Prosperity Law in November 2021 as Head of the Manchester residential conveyancing department, having previously spent his career at two of the UK’s largest residential conveyancing firms.
His dedication to customer service and passion for property law has earned Warren a strong reputation among clients, mortgage brokers, and estate agents throughout the country. He is known for his proactive and commercially practical approach to the sale and purchase of property.
Protecting Assets in High Net Worth Divorces
If you own a business, property portfolio or other high-value assets and are facing divorce, protecting what you have built is likely to be a key concern. Understanding how courts approach asset division — and what steps you can take — is essential to achieving a fair outcome.
Can a Pre-Nuptial Agreement Protect Your Assets?
If you entered into a pre-nuptial agreement before marriage, any business or assets you owned separately may already be ring-fenced. Pre-nuptial agreements allow couples to agree in advance how assets should be divided if the relationship breaks down.
While pre-nuptial agreements are not automatically legally binding in England and Wales, courts will give them significant weight provided they meet certain criteria — including both parties receiving independent legal advice and making full financial disclosure.
If no pre-nuptial agreement exists, the court will determine how assets are to be divided.
What Counts as a Matrimonial Asset?
When dividing assets on divorce, the court distinguishes between matrimonial and non-matrimonial assets under the Matrimonial Causes Act 1973.
Matrimonial assets typically include:
- The family home
- Joint savings and investments
- Pensions accrued during the marriage
- Business interests built up during the marriage
Non-matrimonial assets may include:
- Assets owned before the marriage
- Inheritances received by one party
- Gifts from third parties
Non-matrimonial assets can sometimes be excluded from the financial settlement. However, this depends on the overall asset pool and whether both parties’ needs can be met from matrimonial assets alone.
Considering divorce and concerned about asset protection? Speak to our high net worth divorce team for confidential advice.
How Courts Divide High-Value Assets
The court has broad powers under the Matrimonial Causes Act 1973 to ensure both parties can maintain a reasonable standard of living after divorce. The starting point is typically an equal division of matrimonial assets, following principles established in cases such as White v White [2000] and Miller v Miller [2006].
However, where one party brought significant assets into the marriage — such as a family business or inherited wealth — the court may depart from equal division if fairness requires it.
Importantly, if there are insufficient matrimonial assets to meet both parties’ needs, the court can access non-matrimonial assets. Even assets you owned before the marriage may be utilised to ensure a fair outcome.
What Can Happen to a Business in Divorce?
Business assets often represent a significant portion of the matrimonial pot in high net worth cases. The court has several options available:
- Order the sale of the business and divide the proceeds
- Transfer shares from one spouse to the other
- Order a share sale between the parties at an agreed value
- Divide the business if this is practical and appropriate
- Allow one party to buy out the other’s interest, similar to how the family home might be dealt with
Which option the court chooses depends on the nature of the business, its liquidity, and whether a clean break is achievable.
How Our High Net Worth Divorce Solicitors Can Help
Protecting assets in divorce requires specialist expertise. Our family law team has extensive experience advising business owners, directors and high net worth individuals.
We can help you:
- Understand how the court is likely to treat your assets
- Negotiate a fair settlement outside of court where possible
- Represent you in financial remedy proceedings if required
- Advise on pre-nuptial and post-nuptial agreements
Contact our family law team today for a confidential consultation. Fill our the form below or call us on 0161 667 3686
About the author: Judith O’Brien, Partner, Family Law
Judith O’Brien is a Partner in our Family Law team and a member of Resolution, the organisation committed to a non-confrontational approach to resolving family issues. She holds the Law Society’s Advanced Family Law Panel qualification, recognising her expertise in both children law and financial matters arising from relationship breakdown.
With over 30 years’ experience in family law, Judith advises on divorce, financial settlements, pre-nuptial and post-nuptial agreements, separation agreements and children law matters including arrangements for contact and residence.
Solicitor, admitted 1997 | SRA ID: 176870
How to Fund a Commercial Dispute: A Guide for Business Owners
When a commercial dispute arises, two questions demand immediate attention: how much will this cost, and how will you pay for it?
The answers shape everything that follows — from the legal strategy you pursue to the risks you take on. Get the funding model wrong, and you could find yourself locked into arrangements that eat into your recovery or limit your options when you need flexibility most.
This guide breaks down the funding options available for commercial disputes, explains who can realistically access each one, and helps you weigh up the trade-offs involved.
What Are Your Funding Options?
There are several ways to fund commercial litigation. Each comes with its own cost structure, risk profile, and implications for how you run your case.
Hourly Rate Agreements
The traditional approach. Your solicitor charges for each unit of time spent on your case at an agreed hourly rate. You pay as you go, regardless of outcome.
This gives you complete control over your case and means you keep 100% of any damages recovered. The downside is obvious: you carry all the financial risk, and costs can escalate quickly in complex disputes.
Conditional Fee Agreements (CFAs)
Under a CFA — often called a ‘no win, no fee’ agreement — you pay nothing if your claim fails. If you win, you pay your solicitor’s normal fees plus a ‘success fee’, typically calculated as a percentage uplift on costs.
A variation is the Discounted CFA, where you pay a reduced hourly rate during the case and a smaller uplift on success. This balances risk between you and your solicitor.
Damages-Based Agreements (DBAs)
With a DBA, your solicitor receives a percentage of the damages you recover — typically capped at 50% for commercial claims. If you recover nothing, you pay nothing.
DBAs align your solicitor’s interests directly with yours: the more you recover, the more they earn. However, this also means giving up a significant share of your winnings.
Third-Party Litigation Funding
An external funder — typically a specialist investment firm — pays some or all of your legal costs in exchange for a share of your damages if you succeed.
This can be attractive for high-value claims where you lack the cash flow to fund litigation yourself. But funders are selective: they will scrutinise your case carefully before committing, and their share of the proceeds can be substantial.
Legal Expenses Insurance
If you have a legal expenses insurance policy in place — often bundled with business insurance — your insurer may cover the costs of litigation, subject to policy limits and conditions.
This is worth checking early. Many business owners don’t realise they have this cover until a dispute arises.
Which Options Work for Claimants vs Defendants?
Here’s the reality: these funding options are not equally available to everyone.
CFAs, DBAs, and third-party funding all depend on the prospect of recovering damages from the other side. That works for claimants pursuing a claim. It rarely works for defendants, whose objective is to avoid liability — not to win money.
If you are defending a claim and don’t have legal expenses insurance in place, you will almost certainly need to fund your defence on an hourly rate basis.
The exception is where you have a strong counterclaim worth pursuing. In that scenario, alternative funding may become viable — but the funder or solicitor will assess the counterclaim on its own merits.
How to Choose the Right Funding Model
Choosing how to fund your dispute is a strategic decision, not just a financial one. Several factors should influence your thinking.
The value of your claim. High-value disputes are more likely to attract third-party funding or CFA arrangements. For lower-value claims, the economics may not stack up.
The strength of your case. Solicitors and funders will only share your risk if they believe you are likely to win. A case with obvious weaknesses will struggle to secure alternative funding.
Your cash flow and balance sheet. Can your business absorb ongoing legal costs without affecting operations? If not, shifting risk to a funder or solicitor may be essential — even if it costs more in the long run.
How much control you want to retain. When you bring in a funder or agree to a CFA, you acquire partners with their own views on strategy, settlement, and risk. Their interests may not always align perfectly with yours.
Your appetite for risk. Are you comfortable with the possibility of paying significant legal fees if the case doesn’t go your way? Or would you rather cap your downside, even if it means sharing your upside?
Your strategic objectives. Sometimes the goal isn’t maximum recovery — it’s sending a message, protecting a relationship, or resolving the matter quickly. Your funding choice should support your broader aims.
One point to be clear on: the decision to fund a case through a CFA, DBA, or third-party arrangement is not yours alone. These models require someone else — your solicitor or an external funder — to accept a share of the risk. They will assess your case from their own perspective before agreeing to take it on.
The Trade-Off: Risk vs Reward
Alternative funding arrangements — CFAs, DBAs, and third-party funding — share a common benefit: they reduce your upfront exposure to legal costs. But that protection comes at a price.
If your claim succeeds, you will keep less of your recovery. Success fees under CFAs are not recoverable from your opponent; they come out of your damages. DBAs and funding agreements work the same way — you are sharing the fruits of your victory with the people who helped you get there.
You also give up some autonomy. Funders and solicitors with skin in the game will have views on how the case should be run, when to settle, and what risks are acceptable. Managing those relationships becomes part of managing the dispute.
Managing the Risk of Adverse Costs
Win or lose, there is another cost to consider: what happens if you have to pay your opponent’s legal fees?
After the Event (ATE) insurance can protect you against this risk. If your claim fails, the insurer covers your opponent’s costs up to the policy limit. The premium is typically payable only if you win — meaning it becomes another deduction from your recovery.
In theory, a strong case might attract CFA or DBA funding and ATE insurance. In practice, you need to do the maths carefully. Layer up too many costs — success fees, funder shares, ATE premiums — and you could win your case but walk away with surprisingly little.
How Our Commercial Litigation Solicitors Can Help
Funding is not just a legal decision — it is a strategic business decision. Getting it right means understanding your options, weighing the trade-offs honestly, and choosing an approach that supports your commercial objectives.
We discuss funding with every client at the earliest opportunity. We will help you understand which options are realistically available for your dispute, what each would cost in practice, and how they would affect your control over the case and your eventual recovery.
Where alternative funding arrangements are appropriate, we will work with you to put them in place. Where they are not, we will be upfront about that too.
To get in touch please fill out the form below, alternatively you can call Prosperity Law on
0161 667 3686
About the Author
Andrew Farrell is the Office Managing Partner and leads the Manchester litigation team. A solicitor since 1998 (SRA ID: 42723), he is an experienced commercial litigator handling a wide variety of business disputes, including professional negligence, breaches of contract, directors’ duties, shareholders’ rights, sale and supply of goods and services, construction disputes and fraud.
Andrew has represented clients in court proceedings up to and including the Supreme Court, but is also a strong advocate for alternative dispute resolution — particularly mediation — to achieve commercial, cost-effective solutions.
Trusts Solicitors
Trusts Solicitors
Whether you’re setting up a trust to protect family wealth or navigating your responsibilities as a trustee, our specialist Trusts Solicitors provide clear, practical guidance at every stage.
Trusts Solicitors
Comprehensive Trust Services Tailored to Your Needs
Trusts are powerful tools for protecting assets, managing wealth across generations, and providing for loved ones—but they come with legal complexities that require expert handling.
At Prosperity Law LLP, our Trusts solicitors work with individuals, families, and trustees worldwide to ensure your trust is structured correctly, administered properly, and aligned with your long-term goals and strategy.
Why Instruct a Trusts Solicitor?
Trusts are governed by complex legislation and case law, with significant financial and legal consequences if things go wrong. Working with a solicitor ensures your Trust is drafted correctly from the outset, reducing the risk of challenges or unintended tax liabilities.
You also gain access to ongoing support as circumstances change, professional indemnity protection, and the peace of mind that comes from knowing your affairs are handled by regulated legal professionals.
What are the benefits of doing a Trust?
Creating a Trust can offer many benefits to you, including:
- Asset protection
- Care home fee planning
- Providing for vulnerable beneficiaries
- Inheritance tax planning
- Business succession
- Protecting blended family interests
- Control over distribution
Types of trusts we can advise you on
Bare Trusts
The simplest Trust structure where the beneficiary has an absolute right to the assets, typically gaining full control at 18.
Discretionary Trusts
Trustees decide how and when to distribute income and capital among a group of beneficiaries, offering maximum flexibility.
Interest in Possession Trust (Life Interest Trusts)
A beneficiary receives the income or use of assets for their lifetime, then capital passes to others on their death. These types of trusts are commonly referred to as Property Trusts or Property Protection Trusts where the trust asset comprises of the family home.
Charitable Trusts
Established for charitable purposes with significant tax advantages, regulated by the Charity Commission.
Disabled Person’s Trusts
Designed for beneficiaries meeting the legal definition of disabled, with favourable tax treatment and benefit preservation.
Bereaved Minor’s Trusts
Holds inheritance for children under 18 who have lost a parent, with assets released at 18.
18-25 Trusts
Similar to bereaved minor’s trusts but capital can be held until the beneficiary turns 25.
Protective Trusts
Safeguards a beneficiary’s interest from creditors or their own financial mismanagement.
What Our Clients Say
How we can help
Advising Trustees and Beneficiaries
Trustees carry significant legal responsibilities, from managing trust assets to making distributions in line with the trust deed. We help trustees understand their duties, make informed decisions and avoid personal liability. For beneficiaries, we provide clear advice on your entitlements and can represent your interests if disputes arise.
Choosing the Right Trust Structure
Discretionary trusts, bare trusts, life interest trusts, charitable trusts—each serves different purposes and have very different tax treatment. We take time to understand what you want to achieve and advise on the structure that best meets your needs, whether that’s protecting assets from care home fees, providing for a vulnerable relative, or managing business succession.
Setting Up a Trust
Creating a trust involves more than drafting a document—it requires careful consideration of your objectives, tax implications, and the most appropriate structure for your circumstances. We guide you through the process from initial consultation to execution, ensuring your trust is legally sound and fit for purpose.
Trust Administration
Ongoing administration can be time-consuming and technically demanding. We support trustees with investment decisions, tax returns, accounts preparation, and correspondence with HMRC, helping you meet your obligations without the administrative burden.
Closing Down a Trust
When a trust reaches the end of its intended lifespan or circumstances change, winding up the trust requires a proper legal process. We handle the final distributions, tax clearances, and formal documentation to bring the trust to a close correctly.
Why Work With Us?
Partner-led Service
Our Trusts team is led by Charlotte Keating who will be your point of contact during your matter with us.
Highly experienced team
Not only is our Trusts team highly experienced and has seen it all, we are part of a full service law firm offering property and family advice as well.
Fast and efficient service
Agile team ready to guide you through the process, we are able to move through the Trusts process at pace.
Meet Our Trusts Team
Frequently Asked Questions
Contact Our Expert Trusts Solicitors Today
Get a quote today or call us on 0161 667 3686
Probate Solicitors
Probate Solicitors
Our solicitors can help guide you through the probate process and estate administration. We offer expert legal advice tailored to your individual situation.
Probate Solicitors
What is Probate?
Probate is the term usually used to refer to the legal process of administering a person’s estate after they die. It involves identifying and valuing assets, settling any outstanding debts, and distributing what remains to the beneficiaries named in the Will—or according to intestacy rules if there’s no valid Will in place.
For most estates, this process requires obtaining a Grant of Probate, or Grant of Letters of Administration from the Probate Registry. This legal document confirms the Executor or Administrator’s authority to access bank accounts, pay any outstanding debts and taxes, sell property, and manage the estate’s affairs. Without it, most financial institutions and other organisations will refuse to release funds or transfer assets.
Why Use a Probate Solicitor?
While there’s no legal requirement to instruct a solicitor, handling probate yourself can be more complex than it first appears. Executors bear personal liability for the estate—meaning mistakes in tax calculations, missed creditors, or incorrect distributions could leave you financially responsible.
How We Can Help
At Prosperity Law we offer expert guidance on estate administration, and we can help you through every stage of the Probate process. From the initial application, all the way to the final distribution of assets, we are here to help you.
Our compassionate team have many years of experience in dealing with estates of all sizes and values, including high value and complex estates where legal expertise is paramount. We help reduce stress during what is already a difficult time, by taking care of the legal burden so you can focus on your family.
As Executors/Administrators in England and Wales are personally liable for the estate they are administering, our professional oversight and knowledge helps mitigate any unnecessary risks involved.
We operate as a full-service law firm; you can therefore have access to family and property solicitors with us as well, saving you time and effort to find other specialist solicitors should the need arise. We also have an excellent referral network for any tax, accountancy or financial matters.
Our Probate Costs
We have two options for costs in relation to our probate services. A limited service and a full administration service. You can view our costings for our limited service here and you can also view the costings for a full administration service here.
Our Probate Experience
Why Work With Us?
Partner-led Service
Our probate team is led by Charlotte Keating who will be your point of contact during your matter with us.
Highly experienced team
Not only is our Probate team highly experienced and has seen it all, we are part of a full service law firm offering property and family advice as well.
Fast and efficient service
Agile team ready to guide you through the process, helping to reduce stress for you at a difficult time
What Our Clients Say
Frequently Asked Questions
Meet Our Probate Solicitors
Contact Our Expert Solicitors Today
Get a quote today or call us on 0161 667 3686
How to Deal with Poor Professional Advice
If you’ve received advice from a professional that has caused you financial loss, you may be wondering what options are available to you. Whether you’ve dealt with a surveyor, accountant, financial adviser or a solicitor understanding the distinction between professional negligence, professional misconduct and poor service is essential — as each requires a different approach.
Our professional negligence solicitors in regularly help clients who have been let down by the professionals they trusted. Here’s what you need to know.
Understanding the Difference: Negligence, Misconduct, and Poor Service
The key to identifying what can be done when a mistake occurs is to assess whether what has happened is:
- Negligence on the part of the professional.
- A breach by the professional of their rules of professional conduct.
- Poor service; or
- A combination of some or all of the above.
What is Professional Negligence?
For example, if a surveyor undervalues a property for the purpose of a lender deciding to lend and, after sale of the property, there is a shortfall in the borrower’s repayment to the lender, the lender should consider a claim for professional negligence against the surveyor to recover at least some of the loss.
If the same surveyor, also had a pre-existing commercial relationship with the borrower, to the extent that it had a conflict of interests when advising the lender, and did not disclose the conflict and/or decline the instruction, it is highly likely that the surveyor has also breached the rules of professional conduct laid down by the Royal Institution of Chartered Surveyors (RICS).
If the surveyor also took an unacceptable length of time to undertake the survey and prepare their report, that could amount to poor service.
Proving a Professional Negligence Claim
The key point is that only if there has been negligence is it possible to pursue a claim and seek compensation for the losses that have resulted. To succeed in such a claim, it is important to clearly identify:
- The duty — what duty or duties did the professional owe you?
- The breach — how did they fail to meet the required standard?
- The Causation — how did that breach directly cause your loss?
- The Loss – including how those losses are calculated.
Due to the complex nature of some professional services, these simple concepts can manifest into detailed and complex factual and legal analysis.
It is important to also bear in mind that any claim against a professional is going to be referred to an insurer at the outset, and they will scrutinise how the claim is presented and seek to exploit any weaknesses in what is presented on behalf of the client to reject the claim.
Therefore, these claims need to be prepared and presented with care.
Complaining About Poor Service
Issues of poor service should always be raised with the professional firm in the first instance by way of a formal complaint.
If you don’t receive a satisfactory response, you can escalate to the relevant regulatory body:
- Accountants — Institute of Chartered Accountants in England and Wales (ICAEW)
- Surveyors — Royal Institution of Chartered Surveyors (RICS)
- Financial advisers — Financial Conduct Authority (FCA)
- Solicitors — Legal Ombudsman
It is likely that some sort of reprimand would be issued to the professional, possibly a reimbursement to the client of some of the fees paid, but any losses suffered would not be recoverable by pursuing this route.
Reporting Breaches of Professional Conduct
If there has been a breach of professional rules of conduct, this is a matter that should be referred to the appropriate regulator for the professional concerned, who should investigate allegations of professional misconduct.
Again, some sanction may result, which may be a formal reprimand, a fine or possibly being struck off from being allowed to practice but compensation would not result from this action being taken.
Speak to Our Professional Negligence Solicitors
If you believe you’ve received negligent advice from a professional and have suffered a financial loss as a result, our litigation team can help you understand your options and build a robust claim.
Contact Prosperity Law today if you think you have received poor professional advice on 0161 337 4646 or by filling out the form below.
About the author
Andrew Farrell is the Office Managing Partner and leads the Manchester litigation team. A solicitor since 1998 (SRA ID: 42723), he is an experienced commercial litigator handling a wide variety of business disputes, including professional negligence, breaches of contract, directors’ duties, shareholders’ rights, sale and supply of goods and services, construction disputes and fraud.
Andrew has represented clients in court proceedings up to and including the Supreme Court, but is also a strong advocate for alternative dispute resolution — particularly mediation — to achieve commercial, cost-effective solutions.
Andrew Farrell
Child Contact Arrangements Over Christmas: A Guide for Separated Parents
The festive season should be a time of joy and celebration, yet for separated parents, navigating child contact arrangements over Christmas can become a source of significant stress and conflict. Understanding how to arrange fair and practical Christmas contact schedules is essential for ensuring children enjoy the holiday period whilst maintaining meaningful relationships with both parents.
Planning Christmas Contact Arrangements Early
One of the most common mistakes separated parents make is leaving Christmas contact discussions until the last minute. Early planning is crucial to avoid disputes and ensure both parents feel consulted rather than dictated to. Ideally, parents should begin discussing Christmas arrangements at least 6-8 weeks in advance, allowing sufficient time for negotiation and adjustment of plans.
Understanding Court Orders for Christmas Contact
For parents with existing court orders, Christmas contact arrangements are typically already defined within the Child Arrangements Order. Under Section 8 of the Children Act 1989, courts can make Child Arrangements Orders that specify when a child spends time with each parent, including provisions for holidays and special occasions like Christmas. These orders usually include provisions for:
- Christmas Day and Christmas Eve contact
- Boxing Day arrangements
- School holiday periods
- New Year contact
Parents with court orders should review these provisions well in advance of the festive period to ensure clarity and avoid misunderstandings.
Christmas Contact for Recently Separated Parents
Newly separated parents often face the most challenging Christmas period, as established routines have not yet been developed. Without a court order in place, parents must work collaboratively to create arrangements that prioritise their children’s welfare.
Creating Fair Christmas Contact Arrangements
When proposing Christmas contact arrangements, parents should consider:
The Child’s Age and Needs
Younger children may find multiple transfers between households on Christmas Day exhausting and disruptive. Older children may wish to express their own preferences about spending time with each parent during the festive period.
Equal Consideration of Both Parents’ Wishes
Both parents naturally want to spend quality time with their children at Christmas. Recognising that the other parent has equally valid desires to share the festive season with the children helps facilitate constructive discussions.
Flexibility and Compromise
Being prepared to negotiate on specific timings, collection and drop-off arrangements, and the division of the Christmas period demonstrates a child-focused approach that courts favour.
Alternative Christmas Contact Arrangements
There is no single approach that suits every family. Separated families have successfully implemented various arrangements, including:
The Two-Christmas Approach
Some families find that celebrating Christmas on different days works exceptionally well, particularly for younger children. This arrangement allows:
- Each parent to have unhurried, quality time with the children
- Children to fully enjoy their presents and festivities without the stress of same-day transitions
- Both sides of the family to participate in celebrations
- Children to have two special occasions to anticipate
Alternating Christmas Days
Other families prefer alternating which parent has the children on Christmas Day itself, with the other parent having Christmas Eve or Boxing Day. This pattern then switches the following year, ensuring fairness over time.
Split Christmas Day Arrangements
Some parents divide Christmas Day itself, with children spending the morning with one parent and the afternoon/evening with the other. Whilst this allows both parents to see their children on the day, it requires:
- Careful timing and reliability with handovers
- Geographic proximity between households
- Consideration of whether multiple transitions serve the children’s best interests
Communication is Key
Whatever arrangement parents choose, clear and respectful communication remains essential. Parents should:
- Confirm arrangements in writing (email or text) to avoid disputes
- Agree on specific collection and drop-off times
- Discuss transport arrangements in advance
- Consider the children’s existing commitments and preferences
- Remain flexible if unexpected circumstances arise
When Parents Cannot Agree on Christmas Contact
If parents cannot reach agreement on Christmas contact arrangements, several options are available:
Mediation
Family mediation provides a structured environment where a neutral professional helps parents reach agreement on contact arrangements. Mediation is often quicker and less adversarial than court proceedings.
Legal Advice
Specialist family law solicitors can advise on reasonable Christmas contact arrangements and help draft proposals that protect children’s welfare whilst respecting both parents’ rights.
Court Applications
As a last resort, parents can apply to court for a Child Arrangements Order under Section 8 of the Children Act 1989 that specifies Christmas contact. When making any decision about children, courts apply the welfare checklist set out in Section 1 of the Children Act 1989, ensuring the child’s welfare is the paramount consideration. However, court proceedings are time-consuming and expensive, and courts expect parents to have attempted alternative dispute resolution first.
The Children’s Welfare Comes First
When making any decisions about Christmas contact arrangements, the children’s welfare must be the paramount consideration. Parents should ask themselves:
- Does this arrangement minimise disruption to the children?
- Are the children’s emotional needs being considered?
- Is the arrangement practical and sustainable?
- Does it allow the children to maintain relationships with both parents and extended family?
Contact Prosperity Law LLP for Expert Guidance
Navigating child contact arrangements during the Christmas period can be complex and emotionally challenging. The family law team at Prosperity Law LLP has extensive experience helping separated parents reach practical, child-focused arrangements for the festive season.
Whether you need assistance negotiating with your former partner, understanding your existing court order, or making an application for a Child Arrangements Order, our specialist solicitors can provide clear, compassionate advice tailored to your family’s circumstances.
For expert guidance on Christmas contact arrangements and all aspects of family law, contact Prosperity Law LLP today on 0161 667 3686 or simply fill out the form below and a memebr of the team will get back to you.
About the author
Judith O’Brien qualified as a Solicitor in 1997, having worked in a law firm for 6 years prior to that. She became a Partner at Prosperity Law in July 2024. Prior to that, she worked in Lancashire for two separate law firms as a senior Associate.
She is a member of Resolution, which is an organization committed to the non-confrontational approach to resolving family issues, whether financial or child-related.
Judith has the Advanced Family Law Panel qualification with the Law Society which recognizes expertise in children law and financial law, related to the breakdown of a relationship. She has experience with preparing pre and post-nuptial agreements, and also separation agreements.
Judith has worked in family law for over 30 years and has vast experience. She has attended the Court of Appeal on children’s issues and has represented many clients with high-net-worth assets.
Unfairly Left Out of a Will? Here’s What You Can Do
Unfairly Left Out of a Will? Here’s What You Can Do
Losing someone you love is heartbreaking. That pain can deepen when you discover you’ve been unfairly left out of their Will or left with nothing because they didn’t make one at all.
If you’re facing financial hardship after a loved one’s death, or feel you’ve been treated unjustly under their Will or the rules of intestacy, you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).
At Prosperity Law LLP, our Contested Probate Solicitors are experts in helping clients who have been unfairly excluded from a Will. We’ll guide you through the process, explain your legal rights, and work to achieve a fair and compassionate resolution.
Seeking Financial Provision After Being Left Out of a Will
Under Section 1 of the 1975 Act, certain people can apply to receive reasonable financial provision from the estate of someone who has died — if their Will or the intestacy rules fail to provide sufficient support.
Who Can Make an Inheritance Act Claim?
1. Spouses or Civil Partners
If your husband, wife or civil partner has passed away and you’ve been left with little or nothing, you can claim reasonable financial provision from their estate. For married couples and civil partners, this goes beyond mere maintenance — the court considers what is fair in all the circumstances.
2. Cohabitants / Unmarried Partners
If you lived with the deceased as their partner in the same household for at least two years before their death, you may have the right to claim — whether you were in a same-sex or opposite-sex relationship. The court will look at the nature of your relationship, including shared home life, finances, and mutual support.
3. Children and Those Treated as Children
The law covers biological, adopted, and stepchildren — and even adult children can bring a claim. Under Section 25(1) of the 1975 Act, “child” includes:
- Children born outside marriage
- Children conceived but unborn at the time of death (“en ventre sa mère”)
- Adult children who relied on the deceased for financial support
- Individuals treated as children of the family, such as stepchildren
4. Financial Dependants
Even if you’re not a spouse, partner, or child, you may still qualify to make a claim if you were financially dependent on the deceased. You’ll need to show that you were substantially maintained by them — for example, through shared bills, housing, or regular financial support.
Common Scenarios Where You Might Have a Claim
You might be able to bring a claim for reasonable financial provision if:
- A previous Will was revoked by marriage: In the UK, marriage automatically cancels an existing Will. If your loved one didn’t create a new Will after marrying, intestacy rules may apply — leaving dependants without inheritance.
- You were an unmarried partner: Unmarried partners have no automatic right to inherit under intestacy rules. If you were financially dependent on your partner, you may be entitled to claim under the 1975 Act.
- An adult child with disabilities is disinherited: If a disabled adult child who relied on the deceased is left out of the Will in favour of a new partner, they may have strong grounds to claim.
The court has broad discretion when deciding what’s “reasonable,” and each case is assessed individually.
How the Court Decides What’s Fair
When considering a claim under the Inheritance Act, the court will look at:
- The size and nature of the estate
- The obligations and responsibilities the deceased had toward the claimant
- The financial needs and resources of both the claimant and other beneficiaries
- Any physical or mental health conditions affecting the claimant
Time Limits – Act Quickly
You usually have six months from the date of the Grant of Probate or Letters of Administration to make a claim under the 1975 Act.
While it’s sometimes possible to make a late application, it’s far easier — and safer — to act promptly. Missing the deadline can significantly reduce your chances of success.
Funding Options for Inheritance Act Claims
We understand that pursuing a claim can feel daunting, especially during an emotional time. That’s why we offer a range of funding options, including:
- No win, no fee agreements (subject to terms)
- Deferred payment options
We’ll discuss the best approach for your circumstances during your free initial consultation.
How Prosperity Law LLP Can Help
Our experienced Contested Probate Solicitors have helped many clients who were unfairly left out of a Will secure the financial provision they deserve. We’ll handle your case with empathy, discretion, and determination.
If you believe you have grounds for an Inheritance Act claim, please get in touch with our friendly team today for a free initial discussion by phoning us on 0161 667 3686 or by completing the form below.
Consumer Rights – A Brief Reminder of the law, rights and remedies
Consumer Rights Solicitors
You may have experienced a consumer rights problem following the purchase of a new kitchen, a motor vehicle, camper van or installation of a building extension or conservatory or a poor service from a professional which has caused you financial loss. On the other hand, you may be faced with an unwarranted complaint about the service you provided to a customer.
Consumer rights are statutory rights and are implied into contracts.
We can advise about bringing a claim or defending a claim.
These issues cause unnecessary stress and disruption as well as expense, it is best advised to contact a solicitor to help navigate the best possible outcome.
The Consumer Rights Act
The Consumer Rights Act provides the legal foundation for resolving disputes that arise when goods, services or digital content do not meet the standards promised at the time of purchase.
The key requirements set out within the Consumer Rights Act for businesses to follow are that goods must be:
- Of satisfactory quality
- Fit for their intended purpose
- As described
The Act also requires that any services provided are delivered with reasonable care and skill. If these standards aren’t met, consumers may have the right to request a repair, replacement, refund or price reduction.
Disputes often arise when a consumer believes their rights have been breached – for example, when they seek a refund – or when a business challenges a complaint it considers to be unfounded.
Common Consumer Rights Disputes we handle
The Dispute Resolution team at Prosperity Law regularly advise on:
- Faulty or misdescribed goods
- Disputes over refunds, repairs or replacements
- Poorly delivered services or tradesperson issues
- Business compliance with consumer protection laws
- Unfair or unclear contract terms of cancellation policies.
- Professional services which fall below reasonable standard of performance
We work with both individual consumers and businesses to resolve disputes in a cost-effective and practical way, whether that be through negotiation, mediation or formal legal action when necessary.
Get in touch with Prosperity Law
If you are facing a dispute under the Consumer Rights Act – whether you’re making a claim or defending one, our team would be happy to help.
For an initial friendly and free discussion, please contact our Dispute Resolution team based in the Head Office at Manchester. The team is led by Paul Magee who is a senior solicitor.
If you would like any assistance with Consumer Rights call us on 0161 667 3686 or use the form below.
To Mediate Or Not To Mediate?
Mediation has become an essential tool in resolving civil disputes in England. In civil litigation cases, mediation can provide a faster, more cost-effective, and less adversarial approach to resolving disputes. This blog post will provide an overview of mediation in civil litigation, explaining how it works, its benefits, and the legal framework surrounding its use in England.
What is Mediation?
Mediation is a form of alternative dispute resolution (ADR) where an independent person, the mediator, assists the parties in a dispute to try to reach a voluntary agreement or at least to narrow the issues in dispute.
Unlike judges or arbitrators, mediators do not make decisions for the parties but facilitate negotiations by helping them communicate effectively and to ultimately settle the dispute.
In civil litigation, mediation typically takes place outside of court, either in person or virtually, although it can sometimes be part of a formal settlement process. It can be used in virtually any type of dispute.
How Does Mediation Work in Civil Litigation?
The mediation process generally follows these steps:
- Choosing a Mediator: The parties select a neutral, qualified mediator, who more often than not tends to have had a legal background.
- Pre-Mediation Preparation: The mediator may request documents and a summary of each party’s position to help understand the issues at hand. Confidentiality is paramount at this stage and throughout the process ensuring that information shared during the process cannot be used by a party in future legal proceedings.
- The Mediation Session: During the mediation session, the mediator acts as a ‘ go between’ and facilitates discussions, often meeting with each party individually (a process known as “caucusing”) to identify the key issues, explore possible solutions, and encourage compromise. The mediator may offer suggestions, but the parties retain full control over the outcome.
- Resolution or Further Negotiation: If an agreement is reached, the mediator will help draft a settlement agreement, which can then be made legally binding. If no agreement is reached, the parties may proceed with litigation or consider other forms of dispute resolution.
Benefits of Mediation in Civil Litigation
- Cost-Effective: Mediation can save significant costs compared to the lengthy and expensive process of litigation. Court fees, legal representation, and expert witness costs can quickly add up in a civil case, while mediation usually involves lower fees. The mediation day can be an expensive one but can be well worth it if it helps resolve the dispute.
- Time-Saving: Mediation sessions are typically completed in a day or two, whereas litigation can drag on for months or even years, especially if the case goes to trial.
- Confidentiality: Unlike court proceedings, which are public, mediation is private. This allows the parties to discuss sensitive issues openly without the risk of public exposure.
- Preservation of Relationships: Mediation fosters collaboration, which can help preserve business or personal relationships that might otherwise be damaged in the adversarial atmosphere of court.
- More control – the parties are encouraged to come to an agreement on a voluntary basis and this is better than a decision imposed by the Judge which no party may want
- Informal – the parties can attend in a relaxed environment and can negotiate freely. More formal methods of dispute resolution include Early Neutral Evaluation and Financial Dispute Resolution but these are much less common methods in pratice in the writers’ experience.
The UK’s civil justice system has increasingly embraced mediation as a means to reduce the burden on courts and improve access to justice.
The Civil Procedure Rules (CPR), which govern civil litigation procedure encourages the use of ADR, including mediation.
Under common law Judges have the power to direct parties to engage in ADR as long as it does not impair the prospect of a party having a fair trial.
Mediation is not always a panacea and litigation is sometimes the only option
While mediation offers various advantages, it is not always the best option for every case. For example, in some disputes, especially in cases involving financial abuse or fraud, a power imbalance may make mediation inappropriate.
Some cases, such as those requiring urgent interim orders or those involving public interest, may not be suitable for mediation.
If one or more parties are unwilling to engage in good faith, mediation may not lead to a resolution. Furthermore, it may not always be appropriate in every case or even in the majority of cases to have a mediation early on before relevant disclosure of documentation has been provided.
Engaging in mediation should not be viewed by either party as a weakness but a party may not necessarily want to engage in mediation on a weak footing and hence may want to ensure they put their best foot forward early on.
A party who unreasonably refuses to engage in mediation may face potential adverse cost consequences but the reality is that some people simply do not wish to choose the mediation option.
For different reasons, court proceedings may have to be issued and mediation may need to be postponed to a later date.
Contact Our Expert Solicitors Today
It is important to take legal advice from an experienced litigation solicitor early on. Solicitors are accustomed to the art of negotiation and may be able to help resolve the dispute early on without the need for mediation through exchange of correspondence. An experienced solicitor will advise on whether and if so at which point mediation should be explored.
Speak to us today by calling us on 0161 667 3686 or fill out the form below.
Paul Magee
Head of Dispute Resolution
Divorce Law Liverpool
Going Through a Divorce? Get Expert Legal Support
Free & Confidential Advice from Trusted Solicitors
Going Through a Divorce? We’re Here to Help You Move Forward.
Divorce is one of life’s most difficult chapters – emotionally, financially, and legally. First steps or final stages, you don’t have to go through it alone, our experienced divorce solicitors offer expert advice with compassion, confidentiality, and clarity.
Whether it’s keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Solicitor can make a world of difference to your outcomes.
Prosperity’s expert family law team take the time to understand your circumstances and provide clear, constructive advice at every stage.
Why Choose Prosperity Law for Your Divorce?
Specialist family law expertise
Our family law team is led by Partner Daniel Jones, with extensive experience handling divorce cases of all complexities — from straightforward separations to high-value financial disputes. You’ll work directly with a specialist, not be passed around a generalist team.
A free, discreet initial consultation
We offer every new client a free initial call with no obligation. It’s your chance to ask questions, understand your options, and decide whether we’re the right fit — with complete confidentiality.
Transparent about costs from the start
Legal fees are one of the biggest anxieties in divorce proceedings. We’ll always be upfront about likely costs before you commit to anything, so you can make informed decisions at every stage.
We work around you
Our offices are open Monday to Friday, 9am–5.30pm — but we understand that divorce doesn’t fit neatly into working hours. If you need to speak outside those times, just let us know. We’ll find a way to make it work.
A clear, three-step roadmap to peace of mind
Step 1 – Free Initial consultation
Tell us about your situation. We’ll listen without judgement, explain your options clearly, and give you an honest picture of where you stand — with no obligation to proceed.
Step 2 – Your Personal Action Plan
You’ll receive written advice setting out the legal issues, your realistic options, and the recommended next steps. Everything in plain English, nothing left unexplained.
Step 3 – We Get To Work
Once you’re ready to proceed, we act — with the tenacity and focus your case deserves. We’ll keep you informed at every stage so there are no surprises, only progress.
Your Questions, Answered
Book Your Free Discreet Consultation with our Divorce Solicitor Today. Call us on 0151 909 5797 or fill out the form below.
Daniel Jones
Partner, Family Law
Family Law Liverpool
Need Immediate Support
with a Family Law Issue?
Our Trusted Solicitors Are Here to Help.
Whether it’s divorce, child arrangement, or domestic issues, our experienced family law solicitors offer clear, compassionate advice when you need it most
Our expert team of family solicitors in Liverpool represent clients across England & Wales. And with in-depth experience of sensitive family law matters, they provide reassurance, advice, and early assessment of case outcomes on all matters concerning relationship breakdown, divorce, financial disputes and arrangements regarding children.
We support clients during the challenging times of family disputes and also clients who are looking to put things in place in case of future conflict. In both cases, our empathetic and knowledgeable approach puts our clients at ease and gives clarity where it’s required.
Why Choose Prosperity Law for Family Law?
Specialist family law expertise
Our family law team has extensive experience across all aspects of family law — divorce and financial settlements, children arrangements, cohabitation agreements, and more. You’ll work directly with a specialist, not be passed between departments.
A free, discreet initial consultation
We offer every new client a free initial call with no obligation. It’s a chance to explain your situation, ask questions, and understand your options — in complete confidence.
We explore alternatives to court first
Court proceedings are rarely the fastest or least stressful route. We’ll always look at negotiation, mediation, and collaborative approaches first — and where court action is unavoidable, we act swiftly and effectively on your behalf.
Transparent about costs from the start
Legal fees are one of the biggest anxieties in family law proceedings. We’ll always be upfront about likely costs before you commit to anything, so you can make informed decisions at every stage.
We work around you
Family law issues don’t follow office hours — and neither do we. Our offices are open Monday to Friday, 9am–5.30pm, but if you need to speak outside those times, just let us know. We’ll do our best to accommodate you.
A clear, three-step roadmap to peace of mind
Step 1 – Free Initial consultation
Tell us about your situation. We’ll listen without judgement, explain your options clearly, and give you an honest picture of where you stand — with no obligation to proceed.
Step 2 – Your Personal Action Plan
You’ll receive written advice setting out the legal issues, your realistic options, and the recommended next steps. Everything in plain English, nothing left unexplained.
Step 3 – We Get To Work
Once you’re ready to proceed, we act — with the tenacity and focus your case deserves. We’ll keep you informed at every stage so there are no surprises, only progress.
Your Questions, Answered
Book Your Free Discreet Consultation with our Family Law Solicitor Today. Call us on 0151 909 5797 or fill out the form below.
Daniel Jones
Partner, Family Law
Separation
Separation
Unlike married couples, unmarried partners don’t have access to the same financial laws, which can make navigating separation more challenging.
As well as being able to prepare a cohabitation agreement before you begin living together, we can assist should the relationship sadly end.
For jointly owned property, we work under the Trusts of Land and Appointment of Trustees Act- a civil, not family law process. Our goal is to help you resolve these matters outside of court whenever possible through dispute resolution, though we’re fully prepared to support you through court proceedings if needed.
We’re here to make this process as smooth and stress-free as possible, whatever the circumstances.
Latest News
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each […]
Pre / Post Nuptial Agreements
Pre / Post Nuptial Agreements
Our team is well-versed in crafting financial agreements that provide clarity and protection before or after marriage.
Both pre-nuptial and post-nuptial agreements help define how finances will be managed throughout the relationship, offering transparency and peace of mind for both partners-especially the financially vulnerable party.
For a pre-nuptial agreement (prenup), it’s essential to receive legal advice and share full asset disclosure well before the marriage. While prenups aren’t legally binding yet, they’re increasingly influential in court, provided they’re fair and properly executed. A clear agreement like this can save both parties emotional stress and costly legal fees should the marriage end.
If you’re already married, we can prepare a post-nuptial agreement to formalise similar financial arrangements. Whether for inherited wealth, pre-marital property, or other assets, these agreements bring certainty and allow couples to move forward with confidence, knowing their financial futures are secure.
Latest News
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each […]
Finances
Finances
Financial matters can be one of the toughest aspects to resolve in a separation.
If reaching an agreement on finances feels challenging, our skilled family advisors- with over 30 years of experience- are here to help you find the best path forward. Even if initial agreements are difficult, involving a solicitor often opens the door to solutions that once seemed impossible.
Our approach is flexible and tailored to your needs. Mediation is an option we encourage as a first step, but if further negotiation is required, we’re here to support you as much or as little as needed. We provide sensible, cost-conscious advice with clear timelines, empowering you to make the best possible outcome for you.
Should court proceedings become necessary, we’ll handle all court-required paperwork and represent you at any hearings, always aiming for the best possible outcome.
No matter how complex the situation, we’re committed to guiding you toward a financial resolution that brings clarity and peace of mind.
Latest News
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each […]
Divorce
Divorce
Navigating Divorce – Addressing your most frequently asked questions
Dealing with marital breakdown and the prospect of a divorce is tough and intensely personal. But at various points of the process, access to the right legal support and divorce advice can make it easier. Whether it’s through keeping you informed of your options or providing you with robust and tenacious representation in negotiations, understanding your options and having the right Divorce Solicitor can make a world of difference to your outcomes.
Compiled by Prosperity’s expert family law team, the following list of Frequently Asked Questions outlines where you might benefit from legal advice, and why preparation and proactivity in many circumstances, is key.
Prosperity’s Family Law team operates across England from the firm’s four offices in Manchester, Leeds, Liverpool, and London. Each expert Solicitors in their own right, they’ve experience of representing all manner of Divorce cases and providing sensitive, but effective, divorce advice to a wide range of clients.
Latest News
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each […]
Planning For Your Future: A Guide To Lasting Power Of Attorney
Planning For Your Future: A Guide To Lasting Power Of Attorney
Lasting Power of Attorney – We all know that we should write a will, but it is also important that we should consider a lasting power of attorney.
Handling your financial affairs becomes virtually impossible – which is why we recommend everyone plans ahead to ease the burden on their family and have an LPA.
An LPA gives another individual the legal authority to look after specific aspects of your financial affairs or health and welfare decisions should you lose the capacity to do so yourself.
While you may think this is just for the elderly, it can apply to younger people who have had an accident or severe illness. You should consider having one alongside your will.
Did you know? – Without an LPA, relatives may face long delays, a lot of unnecessary stress and a huge amount of expense to apply to the Court of Protection to get access and take control of your assets and finances. Banks, care homes and local authorities as well as tax, benefits and pension authorities recognise appointed attorneys using a valid LPA on behalf of a loved one.
By 2025, more than one
million people in the UK
will have dementia
(According to the Alzheimer’s Society)
Of the 30% of people in
the UK who have a will,
only 12%
have a lasting
power of attorney
1 in 5
people over 85 already
suffer from dementia
The 2 types of LPA you need to understand:
Property and Financial Affairs Lasting Power of Attorney
Health and Welfare Lasting Power of Attorney
You can choose anyone you trust as your attorney as long as they are over 18, not bankrupt and they are willing to take on this role.
In summary – Their duty is to make all decisions in your best interests and they must follow certain principles set out in the Mental Capacity Act. These are aimed at making sure you are encouraged to make your own decisions where possible. To protect your interests, an LPA must be signed by a certificate provider – a solicitor or someone else of your choosing who can certify that you understand the LPA and have not been pressured into signing it.
To protect your interests, an LPA must be signed by a certificate provider – a solicitor or someone else of your choosing who can certify that you understand the LPA and have not been pressured into signing it.
It can take up to three months to register the document with the Office of Public Guardian and their registration fee costs £92 for each per LPA submitted to the OPG for registration.
Anyone receiving certain means-tested benefits can obtain an exemption from this fee and anyone who can prove that they have gross income of less than £12,000, can obtain a remission of 50% of the OPG fee.
Speak to our Manchester team on 0161 464 7595 or email charlottek@prosperitylaw.com
Commercial Real Estate
Commercial Property Solicitors
Expert Guidance for Your Commercial Property Needs
At Prosperity Law, our commercial property solicitors are dedicated to providing tailored, efficient legal advice to support your business and property interests. Whether you’re a business owner, investor, developer, or landlord, we have the expertise to guide you through every aspect of commercial property transactions with confidence.
Our partner-led team operates nationally across England and Wales, bringing a wealth of experience to ensure your property matters are handled efficiently and professionally. From commercial property acquisitions and commercial leases to development agreements and property finance, we are here to protect your interests and deliver results.
Why Choose Prosperity Law?
With extensive experience in the real estate legal sector, Prosperity Law provides a depth of expertise you can trust.
We pride ourselves on delivering practical, commercially focused solutions tailored to meet the unique needs of each client. For those seeking cost transparency, we offer fixed-fee options, ensuring high-quality service without unexpected costs.
Operating from offices in, and covering clients nationally across England and Wales, we are dedicated to offering accessible, efficient legal support wherever you are.
We offer a Partner-led service, and our team will be more than happy to have an initial free consultation with you.
Our Expertise
Prosperity Law commercial real estate solicitors can provide legal services across the whole spectrum of commercial property transactions.
Protecting Your Interests with Commercial Property Litigation
Choosing the right legal partner can make all the difference. At Prosperity Law, we’re committed to being more than just your real estate lawyer; we’re your trusted advisors in navigating the complexities of property law.
Contact Our Commercial Property Solicitors Today
Choosing the right legal partner can make all the difference. At Prosperity Law, we’re committed to being more than just your real estate lawyer; we’re your trusted advisors in navigating the complexities of property law.
Call us on 0161 667 3686 or fill out the form below
Latest News
Alex Walsh joins Prosperity Law as Partner in Real Estate
Prosperity Law has strengthened its Real Estate team once again, with the appointment of an experienced Partner, Alex Walsh. This latest move comes 14 months after the team’s inception, with the appointment of Karen Piontek as Head of Real Estate. The appointment of Alex as partner has been made in response to growing client demand […]
Clinical Negligence updated paid landing page
Your Surgical Negligence Experts
Contact us now for a free initial consultation
Medical negligence or clinical negligence occurs when a treatment you receive by a doctor, nurse or health professional is substandard causing an injury or making your condition worse.
Doctors, Nurses and other Health professionals treat millions of people every year, however, sometimes things can go wrong. Prosperity Law is proud to have recovered significant compensation for our clients who have been injured because of substandard medical treatment. We understand the consequences can be traumatic and often life- changing.
We act in a wide range of medical negligence issues, including:
Birth injury claims
Prescribing errors
Delayed or wrong treatment
Inquests and fatal claims
Misdiagnosis
Surgical negligence claimsIf you would like to discuss your medical negligence claim call Jane Lynch on 0151 909 9122 for a free consultation.
Click here for more information and to download our guide.
Clinical Negligence updated Landing Page
Clinical Negligence
Medical or clinical negligence occurs when treatment you receive by a health professional is substandard causing an injury or making your condition worse.
Health professionals treat millions of people every year, however, sometimes things can go wrong. Prosperity Law is proud to have recovered significant compensation for our clients who have been injured because of substandard medical treatment. We understand the consequences can be traumatic and often life changing.
We act for a wide range of clinical and medical negligence issues:
Birth injury claimsPrescribing errorsDelayed or wrong treatmentInquests and fatal claimsMisdiagnosisSurgical negligence claims
Our Services
Inquests and Fatal claims
Regrettably healthcare mistakes can lead to the death of a loved one. Prosperity Law specialise in fatal claims and our clinical negligence specialists can assist with your claim and provide representation at an inquest.
Jane Lynch, Head of Clinical Negligence, specialises in brain injury claims, particularly birth injury incidents, which may have caused cerebral palsy or other injury. If you have any queries about the circumstances of the birth of your child, you should not hesitate to contact us.
We have a dedicated and highly skilled team of lawyers who understand what you are going through, will handle your case with care and sensitivity and help you get the answers and compensation you deserve. Prosperity Law have expertise across a wide range of healthcare claims and will consider all enquiries however big or small.
We hold Clinical Negligence Accreditation from the law society ensuring your case is being dealt with a specialist team.
Surgical Negligence Claims
At Prosperity Law, we understand the devastating impact that surgical negligence can have on patients and their families.
Our experienced team specialise in handling surgical negligence claims, ensuring that those who have suffered when surgery goes wrong due to medical negligence, receive the justice they deserve. Whether it’s a surgical error, lack of informed consent, post-operative complications or any other complex matter, our dedicated legal professionals are committed to guiding you through the complexities of the legal process. We strive to secure compensation our clients deserve.
Funding
Our specialist solicitors are happy to have an initial discussion with you free of charge.
Prosperity Law may act for you on a No Win No Fee (CFA) basis, we can obtain insurance for you which means you won’t pay anything if your claim is unsuccessful.
If you would like to discuss your medical negligence claim contact Prosperity Law now for a free consultation with a qualified specialist solicitor.
Call on 0151 909 1848 or email
newenquiries@prosperitylaw.com
Get in touch
Latest News
Residential Property Disputes
Residential Property Disputes
As specialists in property disputes, we know how to best represent our clients’ interests, whether they’re landlords, property management companies, leaseholders, or third parties.
Prosperity Law’s team of residential property dispute solicitors represent clients across the spectrum of topics, including:
- Property purchase disputes
- Commercial lease renewal disputes
- Construction and repair issues
- Purchase and sales related issues
- Possession disputes
- Service charge disputes
- Private land rights and neighbour disputes
- Defending housing disrepair claims
- Disputes about easements, including boundaries
A residential lease is a complicated contractual document and an inadequate understanding of the meaning behind its terms and provisions can give rise to errors – and litigation. A residential lease is very different from a commercial lease. Basically, a residential lease is where a tenant has purchased the property or apartment to be used as their home, or to let and a commercial lease is a vehicle governing the operation of business premises. Breach of the terms and covenants relating to a host of matters can result in litigation and it is imperative to take advice early on to avoid or mitigate loss.
Why Prosperity?
Our team of specialist residential property dispute solicitors are based in Manchester and cover the entirety of England and Wales.
As litigation for property disputes can be time-consuming and costly we operate efficiently and effectively, whilst being commercially aware to balance risk against potential reward for our clients. The clients’ best interests is what we aim to protect.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal, and strategic guidance, good management of the case, and skilful negotiation is vital. At Prosperity Law, our partner-led team, headed by Paul Magee, will support you from start to finish.
Paul Magee
Partner and Head of Dispute Resolution
Possession Claims
Possession Claims
For a landlord to terminate a tenancy and take back possession, a court order is usually required.
A landlord, having served the relevant notice (section 21 or section 8), will need to issue court proceedings to obtain an order for possession. An order will not be sufficient, however, as removal by a court bailiff or a High Court sheriff will be required if the tenant still refuses to vacate the property. Subject to an assessment of the merits of the claim, we may be able to offer our landlord clients a fixed fee scheme where the claim is undefended.
For tenants, unlawful eviction can give rise to a substantial compensation claim. Where a tenant intends to pursue a claim for compensation for inconvenience because of disrepair or damp, there will be a need to consider whether survey evidence should be obtained.
Appropriate legal advice, careful drafting of notices, skilled negotiation, and compliance with the relevant pre-action protocol are required.
A specialist property litigation solicitor should be instructed. Prosperity Law’s property litigation team is headed by Paul Magee, a solicitor with 30 years’ of experience. He has acted in several important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal, and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially-focused and produce solutions to resolve your property dispute.
In addition to dealing with disputes about possession and eviction, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; planning disputes; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
Download your free guide to Land, Building and Agricultural Disputes here
Paul Magee
Partner and Head of Dispute Resolution
Property Planning Disputes
Property Planning Disputes
We work collaboratively with planning consultants as part of a joint effort to present the strongest case possible in property planning disputes.
The grant of planning permission for building work can lead homeowners into the mistaken belief that once planning is granted, they cannot be blamed and held liable if the building work, such as an extension, infringes the rights of a neighbouring owner. An example may be the extension or building blocks or reduces the enjoyment of light. This problem can result in emergency court injunction proceedings being issued.
Planning permission may be granted for construction work to begin but there may be issues over access to the land that could give rise to a dispute about a ransom strip. This was the position with one of our professional footballer clients who obtained planning permission, but his previous conveyancing solicitors were negligent as they failed to identify an access problem that meant the land was landlocked.
A homeowner may oppose an application for planning permission for a new building or a change of user of an existing building. To support an application for planning permission or to object to an application, specialist survey reports may be beneficial.
An objector to planning permission should not just limit their focus on the planning process but at the same time, consider whether it is appropriate to pursue civil court action to obtain a court remedy such as enforcing a restrictive covenant or obtaining an injunction.
A claim for damages for infringement of a right to light or other easement or encroachment by a building over a boundary can be very substantial.
A specialist property litigation solicitor should be instructed. Prosperity Law’s property litigation team is headed by Paul Magee, a solicitor with 30 years of experience. Paul was the solicitor in the successful case of Wallace v Manchester City Council 1998 which involved a claim arising from defects in a residential property in Manchester. In this case, the Court of Appeal laid down the principles for assessing compensation in both residential and commercial properties. He has acted in several other important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal, and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially-focused and produce solutions to resolve your property dispute.
In addition to dealing with property planning disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes such as forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy; mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
Download your free guide to Land, Building and Agricultural Disputes here
Paul Magee
Partner and Head of Dispute Resolution
Property Defects and Disrepair
Property Defects and Disrepair
Disputes about disrepair of buildings, residential or commercial, can occur in all sorts of situations and they tend to be very complex.
Defects in properties can result in fatalities and this was demonstrated by the Grenfell Tower disaster in 2017. This led to the Building Defects Act 2022.
Problems of dampness and mould can give rise to respiratory symptoms and lead to claims for damages, namely compensation, for personal injury. Damages for inconvenience can also be claimed.
With commercial leases, dilapidation claims by landlords are common at the end of the lease and require the tenant to reinstate the condition of the premises or pay compensation.
Property developers and builders may not have constructed the building exercising proper skill and care or may have used the wrong materials. New homeowners can be left with properties that are of reduced or negligible value. Claims for damages for diminution in value may have to be brought.
A specialist property litigation solicitor should be instructed. Prosperity Law’s property litigation team is headed by Paul Magee, a solicitor with 30 years of experience. Paul was the solicitor in the successful case of Wallace v Manchester City Council 1998 which involved a claim arising from defects in a residential property in Manchester. In this case, the Court of Appeal laid down the principles for assessing compensation in both residential and commercial properties. He has acted in several other important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially focused and produce solutions to resolve your property dispute.
In addition to dealing with property defects and disrepair disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as forfeiture for breaches of covenant and statutory compensation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes including forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; planning disputes; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
Download your free guide to Land, Building and Agricultural Disputes here
Paul Magee
Partner and Head of Dispute Resolution
Professional Negligence Disputes
Professional Negligence Disputes
Unfortunately, even professionals get things wrong including in property transactions. Mistakes can result in substantial financial loss.
Professionals include surveyors, architects, engineers, estate agents, letting agents, property management companies, developers, construction companies, conveyancing solicitors and many others.
All sorts of mistakes can occur. Examples include: a home buyers survey report may be flawed because the surveyor failed to identify defects that impact adversely on the property’s value and marketability; a conveyancing solicitor may have failed to carry out searches and not advised correctly on boundaries; an architect or engineer may have produced defective drawings; a developer may have failed to use suitable cladding in the construction of a building; and a builder may have used the wrong materials, such as roof tiles or failed to exercise reasonable skill and care in carrying out the work, for example, a roof or extension.
An experienced property litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team, headed by Paul Magee, provides a service that is second to none. He has acted in several important Court of Appeal cases and has dealt with complex and multi-million-pound claims.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially-focused and produce solutions to resolve your property dispute.
In addition to dealing with professional negligence disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes including as forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy; mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights and neighbour disputes including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; planning disputes; and problems with difficult neighbours (interference with boundary structures).
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
Paul Magee
Partner and Head of Dispute Resolution
Neighbour Disputes
Neighbour Disputes
As property specialists, we understand the problems that can arise in relation to disputes between neighbouring residential property owners.
A neighbour dispute can involve:
- an argument about building extensions
- boundary structures (fences and walls including party walls)
- interference with rights of way or rights to light
- parking/turning rights
- overhanging trees
- noise disturbances
- interference with privacy from CCTV cameras
- many other property related issues
On occasion, emergency action may have to be taken by applying to the court for an injunction against a neighbour who is hostile, intimidating and threatening or a neighbour who ignores your objection to building extension works. These situations can be very stressful.
An experienced property litigator is essential to provide the benefits of sound advice and representation. The ability to provide practical, legal and strategic advice, good management of the case, and skilful negotiation is vital. At Prosperity Law, our property litigation team, headed by Paul Magee, provides a service that is second to none.
We know the importance of providing value and support, technical and practical, to our clients who are confronted with difficult property issues. The nature of these disputes varies greatly as does the type of client.
We have acted for both claimant and defendant in a range of complex and challenging cases including important Court of Appeal decisions. We also work closely with specialist barristers and expert surveyors.
Generally, our property clients include commercial or residential landlords and tenants; developers; property management companies; institutional and private lenders; private homeowners; estate and letting agents; professional building and land surveyors, architects, engineers, and conveyancers; local authorities; housing associations; church authorities; charities; and care homes.
How we help
We will discuss all aspects of your case with you and advise you on the best steps to take to manage your property dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
We work proactively with our clients, offering comprehensive advice at each stage. We are also commercially focused and produce solutions to resolve your property dispute.
In addition to dealing with neighbour disputes, our specialist team can advise across a range of property matters including:
- Property purchase disputes including professional negligence such as flawed home buyers and other expert reports as well as conveyancing issues; Land Registry – rectification of title and adverse possession; co-owners; Trust of Land and Appointment of Trustees Act 1996 (TOLATA); constructive trust; and proprietary estoppel claims.
- Commercial lease renewal disputes such as dilapidation claims, forfeiture for breaches of covenant and statutory compensation.
- Construction and repair issues including disrepair and defects in a building arising from construction or lack of repair and maintenance including the Building Safety Act 2022; and enforcing a covenant in a lease relating to rent, disrepair, or some other obligation.
- Purchase and sales-related issues such as specific performance of contracts to purchase and sale; auction sales; misrepresentations made on sale; property fraud; options to purchase; and overage.
- Possession disputes including forfeiture of a commercial or residential lease; landlords seeking to recover possession of the tenancy; mortgage and bridging finance claims for possession; and tenants unlawfully evicted.
- Private land rights including establishing right to private parking and turning area by deed or prescription; easements including rights of way, drainage and light; boundary, trespass, and encroachment; party walls and fences; and planning disputes.
Paul Magee, Partner and Head of Real Estate Dispute Resolution at Prosperity Law, specialises in property litigation. If you would like any further information or need advice about any property dispute, Paul is always happy to have an initial, no-fee obligation conversation.
Paul Magee
Partner and Head of Dispute Resolution
Wills & Probate Disputes
Wills & Probate Disputes
It’s difficult, losing a loved one. And with emotions running high, executors and family members can often find themselves in a dispute about the deceased’s estate. Whether you’re contesting a will in England or acting as an Executor and facing disputes with siblings and/or family members, Prosperity’s expert team can help.
Disputing a will in the UK
You might need professional help if you are unhappy about there being no provision or inadequate provision made for you under a will or if you believe there has been fraud. An issue could also arise if you believe that the executor is not discharging their duties in relation to the administration of an estate.
The will writer could have been negligent in drawing up the document, resulting in the will being invalid or leaving someone out of the will. Or you could be looking to claim a share or interest in a property which is not in your name. You might also need to remove someone not in lawful occupation of a property that you have inherited.
To address any of these issues, you need a specialist litigation solicitor experienced in dealing with wills and probate disputes,
Disputes about wills and administration of estates and trusts can arise in all sorts of circumstances including:
1. Where someone has been left with no provision or insufficient provision in a will of a family member or friend intentionally; or where the will may be invalid due to poor drafting, lack of mental capacity, absence of knowledge and approval, fraud, or undue influence.
2. The executor appointed under the will is not carrying out their responsibilities and is in breach of duty.
3. Money from the estate has been inappropriately withdrawn or distributed.
Sadly, someone can be left homeless or financially destitute if they have been unfairly left without any or adequate financial provision in a will.
Prosperity’s expert team can provide initial advice and guidance to help you decide the correct course of action, including an idea as to how likely you might be to succeed in contesting a will, the evidence needed to contest, as well as how much it costs.
If you decide to move forward, we can then provide you with the correct advice and legal support you need to continue.
Other will and probate disputes
Aside from the act of contesting a will, we can also provide legal advice in relation to other disputes that you might be involved in. Including:
- Lost wills
- Being left out of a will entirely
- Destroyed wills
- Executor’s disputes (for example removing Executors)
- Claims of Executor misconduct
- Estate claims
- Claiming a trust
Why Prosperity
Prosperity’s Wills & Probate Disputes team are made up of specialist contentious probate and property litigation solicitors. The litigation team is headed by Paul Magee, a solicitor with 30 years’ experience. Paul has dealt with many hundreds of complex wills and property disputes and has successfully brought all sorts of claims to court for compensation; declarations; injunctive relief; and orders for removal of executors and trustees.
An experienced litigator can provide the benefits of sound advice and representation. The ability to provide practical, legal, and strategic advice,
good management of the case, and skilful negotiation is vital. At Prosperity Law LLP, our contentious trust and wills litigation team provides a service which is second to none.
We understand the importance of providing value and support, technical and practical, to our clients who are confronted with these difficult issues. The nature of these disputes varies greatly and there can be a need for urgent action because of the statute of limitations or the need to stop the grant of probate being issued. We act for deputies, executors and administrators, and beneficiaries.
If you’d like legal advice in relation to contesting a will in England, or any other circumstance mentioned above, call Paul for a free initial chat. We will discuss all aspects of your case with you and advise you on the best steps to take to manage your dispute. We can guide you through each stage of the process to resolve the dispute so that your rights and interests are protected as much as feasibly possible.
Paul Magee
Partner and Head of Dispute Resolution
Commercial Real Estate Disputes
Commercial Property Disputes
Commercial property disputes can be drawn out, expensive, and stressful. If that’s the case – it’s time to consult a Solicitor.
We understand real estate conflicts can feel overwhelming. Every lease term, covenant, notice or defect can carry financial and operational consequences; and those cost time and money.
If you find yourself in the situation detailed above, you likely need to consult a Solicitor. If you’re worrying about losing money, time, or control, the right expertise can help you to regain clarity whilst you protect your rights.
Key Services
Why Choose Prosperity Law?
We work closely with you to map out the dispute: what’s gone wrong, what the law allows, and where you have leverage. Then we guide you through every stage: notice drafting, negotiation, mediation, property litigation, or court action. Our aim is not to draw out the dispute or even to get you the satisfaction of an outright ‘win’. Instead, our aim is to preserve your interests and reduce disruption to you or your business, in the most commercially effective way.
Paul Magee
Partner and Head of Dispute Resolution
Latest News
Alex Walsh joins Prosperity Law as Partner in Real Estate
Prosperity Law has strengthened its Real Estate team once again, with the appointment of an experienced Partner, Alex Walsh. This latest move comes 14 months after the team’s inception, with the appointment of Karen Piontek as Head of Real Estate. The appointment of Alex as partner has been made in response to growing client demand […]
Ultra High Net Worth and High Net Worth Individuals
Ultra High Net Worth and High Net Worth Individuals
It can be a balancing act – protecting private wealth and investments that often span multiple countries, generations, jurisdictions and industries. For High Net Worth (HNW) and Ultra High Net Worth (UHNW) individuals, having a legal partner to advise and assist with the legal landscape surrounding their portfolios is vitally important.
Prosperity Law is ideally placed to provide such private client services. As experienced practitioners we fully appreciate the complexity of protecting and growing such wealth.
Our private client services team are highly experienced in all the legalities and corresponding liabilities that may affect you, according to your circumstance and can swiftly and efficiently put the legal measures in place to safeguard your best interests and those of your loved ones and beneficiaries. It’s never too early to plan your financial affairs.
Putting measures in place now can avoid the distress and upset of potential misdirection of your assets, and expenses incurred by family members. We are approachable and understanding in all matters. Clients are assured of our attention to detail, empathy and high level of service in this complex area of law where there is no one-size-fits-all.
Why we’re different
At Prosperity Law we have a depth of experience across various disciplines, and we work collaboratively to best meet our client’s needs. Our services are tailored precisely to the individual or business because we understand that it’s not a one size fits all approach – especially when we’re working for UHNW and HNW individuals and families. Your time is valuable, so we’ll strive to use as little of it as possible, whilst ensuring your legal matters are expertly handled.
How we work
Our team of solicitors are based across four offices, in London, Liverpool, Leeds and Manchester. We operate a discreet and professional service managing your legal activities on an ad-hoc or ongoing basis – depending on your needs.
We’re recognised by the Legal 500 as one of the North-West’s top law firms – which is a testament to our dedication to our clients. As a Prosperity Law client, you’ll benefit from the expertise of a multi-disciplinary team, with a main point of contact who will get to know your needs and become a trusted advisor on all legal matters, both personal and professional.
Our services
We put the needs of individual clients and their families at the heart of what we do. Acting for both domestic and international HNW and UHNW clients, we provide market-leading advice on all aspects of managing, protecting, and growing wealth. We offer personal private client services like wealth structuring, immigration, tax, and succession planning as well as covering key business areas including corporate, construction, planning, and commercial litigation. This allows you to have one legal partner, without outsourcing advice to other firms or legal professionals – one seamless service from a trusted partner.
Our team offer legal services in the following areas:
- Notary Public services, international powers of attorney, ID verification etc
- Personal and Family Wealth Planning Audit
- Relocation services to the UK
- Facilitate private banking services
- Private client services, tax and succession planning for UK and International families
- Legislation & Policy changes which impact on planning
- Divorce and nuptial protection
- UK and International Power of Attorney services
- Philanthropic giving
- Contract advice & resolution
- Acquisition and procurement advice
- Resolving disputes in personal, business or property issues
- Setting up, running or exiting business ventures or family offices
- Shareholder & Start up investment company advice
- Staff recruitment and contracts of employment
- Education consultancy
- Private security contracts
- Networking, Media and Publicity
- Collecting Art and Gallery Acquisitions
- Aviation brokerage
- Yacht brokerage
- Private Jet facility
- Concierge & ticket/venue services
Consent Orders
Consent orders
Many people assume that when they become divorced, and the decree absolute/final order is issued, that is the end of the matter. But regarding finances, nothing could be further from the truth.
Any financial arrangements made during a divorce are not legally binding unless they are contained within an approved court order.
If parties are in agreement about the distribution of assets, this agreement can be implemented into what is known as a consent order. A consent order is an order that is agreed by both parties, signed and then approved by the court.
Without the protection of a consent order, either party can make claims on each other later, and contest arrangements, sometimes at a point many years in the future.
With the increasing demand for quick divorces, and divorces being sought online, many couples remain unaware of how divorce alone does not legally cover the division of their assets.
For example, if a couple divorces and simply divides their finances and property by verbal or unofficial agreement, it may be that one party decides in the future to make a claim against the other. Perhaps one person’s financial situation drastically changes, and they come into a large inheritance, windfall or profit from a business venture. Without a consent order in place setting out the financial agreement, the other party can potentially make a claim on the new assets.
A consent order confirms the agreement of both parties on how to divide up: pensions, property, savings and investments, as well as deal with the liability of joint and individual debt within the marriage. The agreement can also include arrangements for maintenance payments, including child
maintenance.
While divorcing couples may reach their own agreements about the division of assets and childcare and maintenance arrangements, they are not legally binding and they leave themselves vulnerable to later claims, which could have detrimental effects on them.
It may be that mediation is required to reach an agreement for the consent order to be put in place. We can support with mediation and help to get both parties working towards the consent order that will provide both parties with financial security and save them both from potential disruption later in life.
Our experienced family law specialists can speak to you about consent orders and help you to cover all aspects of your situation ensuring you are protected both now and in the future.
Latest News
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each […]
Cohabitation Agreements
Cohabitation agreements
Marriage is on the decline these days and many couples who live together in the same house, or ‘cohabit’, are unaware of their lack of legal protection concerning finance and property should their partnership, or cohabitation arrangement break down.
As family law experts, we are often called upon for help to resolve disputes over property and
finances when things have already gone wrong, and the partnership has broken down. What then
ends up in stressful negotiations and potentially expensive litigation, could have been avoided if a
cohabitation agreement had been put in place at the outset.
There is a common misconception that if a couple live together for a certain time, they are covered
by similar laws pertaining to marriage. The fact is, cohabitees are not protected at all by law and if
there is no agreement in place when they cease to live together, or that partnership breaks down,
the legal work is then complex and expensive to resolve.
We strongly advise anyone entering a cohabiting situation to take out a cohabitation agreement. By
doing this you will avoid the protracted discussions and potential court proceedings further down the line. It may seem less than ideal to talk about ‘breaking up’ at the start of an optimistic period of
living together, but the fact is, some relationships do break up, and foresight of this, and getting the
agreements in place at the beginning, saves all parties further heartache and money.
Cohabitation agreements are perfect for any couple. There doesn’t need to be a romantic
involvement; couples can be friends, siblings, family members, colleagues, or simply two people who wish to own, share and live in a property together. Whatever the circumstances of the couple, it is
significantly beneficial to get the cohabitation agreement in place at the outset, while on good
terms, to establish the rights each has if they were to separate.
It can cost many thousands of pounds in legal work to arrange division of assets later, should a
cohabitation agreement not be in place. Dividing furniture, including inherited items, contents, any
equity and the splitting of proceeds can all be set out. Even agreements regarding the payment of
bills, mortgage repayments, refurbishments etc can all be contained in the agreement.
Within the agreement, a declaration of trust can be drawn up, setting out how the ownership of
property and assets are held, at which point clients are advised to then set out the detailed terms of
a cohabitation agreement. No detail is too small, and anything that could happen in a cohabitation
situation can be covered in the agreement and arrangements made.
We are experienced in all aspects of cohabitation agreements. We advise all cohabiting parties to
ensure they have peace of mind at the start of their cohabitation so that they know if things go
wrong, the process of splitting will be smooth and easy to arrange.
Latest News
Cohabitation Agreements: What Rights Do Unmarried Couples Actually Have?
People still refer to themselves as a ‘common law wife’ or ‘common law husband’ — but in England and Wales, this concept has no legal basis. No matter how long a couple has lived together, sharing a home, raising children, or building a life side by side does not automatically create legal rights to each […]
Bridging Finance
Bridging Finance
Real Estate finance can sometimes be less than straightforward – and it requires a legal firm with the correct skillset and experience, to navigate lenders or borrowers through that process.
In many of circumstances, short-term lending (also known as bridging) is the most appropriate form of funding for a real estate project. Bridging loans are often granted quickly, offering property purchasers the agility and adaptability required to fund the project.
Understanding short term lending
This specialist area of property finance is similar in many ways to term lending, although it does require a specialist partner to guide you through the process and protect your project. Prosperity Law is that specialist partner.
Short term lending has one significant benefit that attracts those who are looking to purchase property: it can be processed by the lender in a comparatively short amount of time. The whole process moves swiftly; processing the borrower’s application, obtaining valuations, and completion of the legal work before the loan in complete and finances are released.
Given that borrowers looking for Bridging finance often don’t require a long-term arrangement, this type of funding typically covers a period of 3 – 18 months.
Within these sort of transactions, the solicitor’s role is vital. When representing a lender client, there are a variety of tasks to be completed, including due diligence, protecting the lenders’ interests, and drafting security documentation which includes: A facility letter, legal charge, debenture, and personal guarantee.
When representing a borrower, we always ensure that the advice we provide outlines the major terms of the loan, highlighting key points such as default interest.
Our expertise
There are a myriad of tasks required within a bridging loan, on both the lender and borrower’s sides. We operate under a number of service areas, including both regulated and unregulated lending spheres, acting on both dual and sole representation basis (where applicable), perfecting security over all manner of asset category, including residential and commercial. Specific services we provide include, but are not exclusively limited to:
- Drafting and registering securities. Including legal charges, personal and corporate guarantees, debentures, assignments of rights under development agreements, assignment of life policies, and charges over deposit accounts
- Advising on and drafting loan agreements, and facility letters
- Helping lenders with their due diligence
- Working with both valuers and insurers
- Intercreditor arrangements, including deeds of priority and subordination
- Amendments, waivers, variations under loan and security documents
- Title diligence on commercial and residential property transactions
- Preparation and review of reports and certificates of title
- Advising and reporting on construction documents associated with development finance
What types of projects qualify?
Bridging Finance is available across a variety of property classes, including residential, commercial and semi-commercial.
Our team have experience of working with both borrowers and lenders on the full spectrum of services related to loan transactions, where the primary security is property. Our advice is honest, transparent, pragmatic, and guides clients on whichever side securely through the, sometimes complex, process.
We can advise on real estate and insolvency working with large scale portfolio refinance work (in circumstances involving residential secured lending).
Who we work with
We work with both lenders and borrowers in short term property finance transactions.
Our borrower clients cover an array of organisations, including individuals and start-ups businesses. In each case no matter the client, we aid the client with refinancing, advice on structuring, shareholder relationships, and raising capital. The latter is a key step for many entrepreneurs and small businesses – we make that process simpler and more easily understood.
If you think we can help with your next property transaction or you want to explore short term financing options, get in touch below.
Warren Kaye
Solicitor & Head of Residential Property
Latest News
Alex Walsh joins Prosperity Law as Partner in Real Estate
Prosperity Law has strengthened its Real Estate team once again, with the appointment of an experienced Partner, Alex Walsh. This latest move comes 14 months after the team’s inception, with the appointment of Karen Piontek as Head of Real Estate. The appointment of Alex as partner has been made in response to growing client demand […]
Wills, Trusts & Estates
Wills, Trusts, and Estate Planning
Our expert private client team represent individuals, high-net worth individuals, families, business owners, and charities, helping them to secure and protect their futures.
The way we plan our estates has changed significantly in the last 50 years. A person’s estate is now complexly entwined with many technical rules of law and tax implications, making it difficult to plan for the future without expert assistance.
Our private client services team are highly experienced in all the legalities and corresponding liabilities that may affect you, according to your circumstances. They can, swiftly and efficiently, put the legal measures in place to safeguard your best interests and those of your loved ones and beneficiaries. We can support with:
Protecting your future
It’s never too early to plan your financial affairs. Putting measures in place now, whether it’s a will, trust, or wider efforts into your estate planning, can avoid the distress and upset of potential misdirection of your assets, and expenses incurred by family members.
We help you to plan your estate in accordance with the rules of law and your wishes, and discuss the scenarios, and legal consequences, so your beneficiaries are protected. It’s about preparing now to ensure what happens in the future is in accordance with what you want.
For example, if you’re a business owner you may wish to grant your spouse or partner power of attorney over your business accounts and assets so that they have control in the event of your death. Similarly, if you lose capacity in the future to manage your affairs, putting a lasting power of attorney in place will ensure your appointed person is empowered to manage your property and finances. A health and welfare power of attorney will also mean they can make the best decisions for you about your care, should you not be able to do so yourself.
We’ll learn what’s important to you and apply the rule of law to find a plan that’s tax efficient and in line with your wishes – to maximise your estate for your loved ones.
Why Prosperity
We are approachable and understanding in all matters. Clients are assured of our attention to detail, empathy and high level of service in this complex area of law where there is no one-size-fits-all.
Sometimes, conversations about the future can be difficult to have, perhaps even distressing at times. We aim for the process to be as comfortable as possible. We pride ourselves on clients being able to talk to us privately, confidentially and confidently about their wishes, trusting us to put their best interests of family, finance and property first.
Prosperity’s expert team of solicitors explain all legal terms and implications clearly, ensuring clients understand the circumstances and advice being given. The aim is to become a trusted partner through life, someone you can trust to support you with the best plan for the future and help your family to carry out your wishes when the time comes.
We represent clients across England and Wales, from our offices in Manchester, Liverpool, Leeds and London. If you want confidential advice in relation to the setup of wills, trusts, and estate planning, get in touch with our team using the details below.
Charlotte Keating
Partner & Head of Private Client
Clinical Negligence
Clinical Negligence
Clinical Negligence
Health professionals treat millions of people every year, however, sometimes things can go wrong. Prosperity Law is proud to have recovered significant compensation for our clients who have been injured because of substandard medical treatment. We understand the consequences can be traumatic and often life changing.
Navigate your claim and follow our guide to Medical Negligence.
Neuro Rehab Times recently interviewed Clinical Negligence lawyer, Jane Lynch, you can read it here. Jane discusses the vital role a specialist lawyer can play in brain injury rehabilitation.
What is medical negligence?
Medical or clinical negligence occurs when treatment you receive by a health professional is substandard causing an injury or making your condition worse. This can include a misdiagnosis, surgical mistake, prescribing error, delayed or wrong treatment.
Inquests and fatal claims
Regrettably healthcare mistakes can lead to the death of a loved one. Prosperity Law specialise in fatal claims and our clinical negligence specialists can assist with your claim and provide representation at an inquest.
Jane Lynch, Head of Clinical Negligence, specialises in brain injury claims, particularly birth injury incidents, which may have caused cerebral palsy or other injury. If you have any queries about the circumstances of the birth of your child, you should not hesitate to contact us.
We have a dedicated and highly skilled team of lawyers who understand what you are going through, will handle your case with care and sensitivity and help you get the answers and compensation you deserve. Prosperity Law have expertise across a wide range of healthcare claims and will consider all enquiries however big or small.
We hold Clinical Negligence Accreditation from the law society ensuring your case is being dealt with a specialist team.
Surgical negligence claims
At Prosperity Law, we understand the devastating impact that surgical negligence can have on patients and their families.
Our experienced team specialise in handling surgical negligence claims, ensuring that those who have suffered when surgery goes wrong due to medical negligence, receive the justice they deserve. Whether it’s a surgical error, lack of informed consent, post-operative complications or any other complex matter, our dedicated legal professionals are committed to guiding you through the complexities of the legal process. We strive to secure compensation our clients deserve.
Funding
Our specialist solicitors are happy to have an initial discussion with you free of charge.
Prosperity Law may act for you on a No Win No Fee (CFA) basis, we can obtain insurance for you which means you won’t pay anything if your claim is unsuccessful.
If you would like to discuss your medical negligence claim contact Prosperity Law now for a free consultation with a qualified specialist solicitor.
Latest News
New Build & Off-Plan Property
New Build & Off-Plan Property
If you are buying a new-build property, or a property off-plan, you should be aware that the process is different to that of buying and selling established properties; you will need a conveyancing solicitor experienced in the legal complexities that are involved.
Similarly, if you are a developer, and selling new-build properties, you will need specialist representation for dealing with your instructions.
We specialise in legal representation, advice and all aspects of conveyancing law for the specific purpose of buying and selling new-build and off-plan properties. We are used to acting for property developers of multi-million-pound projects, and as such, are also well-placed to assist buyers in this process.
How we help
We provide all aspects of conveyancing, advice and support for stress-free buying and part-exchange purchases of new builds in England and Wales. If you are buying a property off-plan, which means where a property is purchased that has not yet been built but the plans are seen in advance, there are more time constraints, with only an expected completion date. There can be an expectation by the builder that you will exchange contracts within 28 days of reserving the property, risking the loss of deposit and the property if you don’t.
We will:
- Support you through the whole process of buying your new-build or off-plan home, whether you are part-exchanging, a first-time buyer or have a property to sell
- Liaise with the solicitors acting for the developer
- Examine and advise you on draft contract and lease, or transfer deed
- Deal with all your lender’s conditions of the purchase, such as reinspection and guarantees and check terms are correct for new builds
- Deal with any other finance you are using to buy, such as a help to Buy ISA or Help to Buy mortgage
- Raise any enquiries necessary, for example, regarding access, highways and drains
- Provide easy-to-understand reports on the contract of sale
- Advise you clearly on new building warranties and insurance
- Oversee your signing of the contract, lease, or transfer deed and mortgage deeds
- Prepare and send to Land Registry, your application to register as the property owner
- Deal with finance including sending of your deposit, payment of Stamp Duty, etc.
- Liaise with the developer’s onsite managers and legal representatives to see your purchase right through to having the keys in your hand
For developers of new-build sites, we are experienced appointed legal advisors, providing bulk instructions for buyers. From leasehold developments to freehold purchases, we act as the legal representative and conveyancing expert for all types of development.
Don’t underestimate the extra conveyancing required for new-build and off-plan properties. While seemingly simple in terms of no chain, there is a lot to consider. We’ll help you as experts in new-build conveyancers for buyers and developers. Give us a call for a free, no-obligation consultation and speak to one of our friendly team.
Warren Kaye
Solicitor & Head of Residential Property
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Performance Management
Performance Management
Do you have a performance management issue with an employee, but don’t know how to proceed? Maybe you have a performance policy and procedure in place, but the relationship with your employee has broken down to such a degree that a three to the four-month procedure would be detrimental to both parties.
Performance management can be complex, and involve difficult conversations. For example, telling an employee who has a serious medical condition they are underperforming in their role, is not a situation any employer relishes. And while a basic performance management policy and procedure may serve you in most situations, it just may not be suitable.
Depending on your employee’s role, a legally compliant performance management process should involve:
- An initial performance review meeting with your employee, after which you issue a performance improvement notice to them;
- After six to 12 weeks, if there is no improvement, a further performance review meeting with your employee, after which you issue a final performance improvement notice; and
- After six to 12 weeks, if there is no improvement, a final performance review meeting with your employee, at which you may take the decision to dismiss your employee.
The performance management process may potentially become drawn out. Should you offer training? Does the employee wish to leave? Are there other issues? Would you rather just negotiate a settlement and move on? Whatever the situation and however you need to resolve it, we will work with you to get the most beneficial result.
How we help you
- Our employment law specialists understand how sensitive performance management issues can be and will support and advise you in your legal options that protect your commercial interests and keep you free from legal and reputational risks.
- From the beginning, we will ask, ‘What do you want to do?’. You may wish to negotiate a settlement, and end the employment relationship quickly, instead of going through a protracted performance management process for very little gain. Whatever your objective is, our support will focus on achieving it.
- Experienced, legal experts in employment law are on hand to support you for the entire duration of the process. Any concerns or worries you have along the way, we are there with a rapid, reassuring response.
If you are a business owner, employer or HR professional and are concerned about a performance management issue with an employee, get in touch with our employment law team for an initial consultation in confidence. We have all the knowledge and support to resolve the issue quickly and without stress.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Employment Tribunals for employees
Employment Tribunals for employees
It can be a daunting prospect, issuing a tribunal claim against your employer, or former employer. It’s a time-consuming, legal process you will need specialist support with. Tribunal claims can happen for many reasons, including unfair dismissal and discrimination. In many of these cases, we would normally advise employees to attempt to resolve any issue informally, direct with their employer. Failing this, we advise raising a formal grievance and following the employer’s grievance procedure. But these options are not always possible, particularly where you may have already left the employment, or the employment has terminated.
Before you issue a tribunal claim, you will need to contact ACAS, to go through their free, early conciliation process to try to reach a settlement. If a settlement cannot be reached, then you may issue a claim. Most claims do not proceed to a final hearing, preferring to settle before this stage. But if a final hearing is necessary there are court procedures to follow, which we can help and support you with.
How we help you
- We make the tribunal process as stress-free as possible for you; working with you to represent and work always in your best interests. We are with you every step of the way, through, what can be, a challenging process.
- As costs can be an issue for employees, we explore funding options with you and are upfront and transparent about costs from the start. For instance, many employees are not aware their case could be funded through legal expense insurance.
- We work to help you get the result and settlement you need so that you can carry on with your life and career, always focusing on the right result for you personally, supporting you with clear advice in straightforward language, free of legal jargon.
Talk to us if you are considering issuing a tribunal claim against an employer, or ex-employer, and need support or advice. Our friendly employment law team are here to help you and can offer an initial consultation in confidence. We are here to help and advise you on all aspects of employment tribunals.
Paul Magee
Partner and Head of Dispute Resolution
Insolvency & Restructuring
Insolvency &
Restructuring
Insolvency is a highly technical and specialist area of law. Here at Prosperity Law LLP our Insolvency team has considerable technical expertise in both personal and corporate insolvencies.
We have experience acting on behalf of receivers, liquidators, insolvency practitioners, and trustees in bankruptcy across the full range of litigious insolvency-related matters, with particular emphasis on advising and assisting insolvency practitioners in pursuing claims to recover assets in order to maximise the realisation of assets for creditors.
Our specialist team is also experienced in advising individuals facing bankruptcy, as well as directors of financially distressed companies, who face an entirely different set of considerations and duties. We frequently advise directors on the steps to take (or not to take, as the case may be) to avoid personal liability.
Our expertise includes:
- Bankruptcies (including making and challenging statutory demands and bankruptcy petitions)
- Company insolvencies
- Compulsory liquidations
- Creditor’s voluntary liquidations
- Director disqualification proceedings
- Duties and liabilities of directors on insolvency
- Investigations into antecedent transactions (including breaches of director’s duties, misfeasance, transactions at an undervalue, preferences, transactions defrauding creditors, wrongful and fraudulent trading)
- Partnership disputes leading to insolvency
- Retention of title claims
- Winding up petitions
Why Choose Prosperity Law?
Our specialist team is well-positioned to provide our clients with urgent practical advice, and prides itself on offering commercial and clear guidance. Through the resourceful use of the insolvency process, we strive to deliver first-class, commercial solutions to our clients’ objectives.
We also provide practical and flexible cost arrangements that are tailored to the requirements of you and your business.
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Consultant – Head of Insolvency
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Whistleblowing
Whistleblowing
If, as an employee, you are in a position where you feel you need to report wrongdoing on the part of your employer, there should be a clear whistleblowing policy for you to follow. A whistleblowing policy is important because it demonstrates your employer’s support of its other employees to help it act without legal or financial irregularities.
The Public Interest Disclosure Act 1998 and the Employment Rights Act 1996 provide protection for you from any detrimental treatment that may occur as a result of your whistleblowing. However, detrimental treatment can occur, and if, as a result of whistleblowing, you experience unfair treatment or even dismissal, you have a strong case for a claim against your employer.
Your employer’s whistleblowing policy should set out the steps you need to take to report an issue, with a disclosure generally being made to either your employer or a third party such as a regulator. If, however, something goes wrong, and particularly if, as a result, you are negatively affected, you can talk to us, as employment law advisers, about how you can raise a claim.
How we help you
- Our experienced employment lawyers will engage, if appropriate, directly with your employer on any potential claim you have.
- While advising you on the technical aspects of the law, in clear, easy-to-understand terms, we fully support and guide you every step of the way, fighting your corner in order to get the best claim outcome possible.
- We are upfront and completely transparent about costs from the start; discussing these along with any funding options available to you, including legal expense insurance.
If you think you may have, or have grounds for, a whistleblowing claim against your employer, get in touch with our approachable employment law team for an informal discussion in confidence. We are here and ready to help you.
Paul Magee
Partner and Head of Dispute Resolution
Settlement Agreements
Settlement Agreements
As settlement agreements are legally binding agreements between you and your employer, you will need the advice to ensure the terms of any agreements are in your best interests. If your employer has proposed or provided, a settlement agreement, or you, as an employee wish to propose one to your employer, it is a legal requirement for you to go through the agreement with a legal adviser.
Settlement agreements are usually proposed by an employer where there is an issue, such as redundancy, a dispute, or a performance management issue; although they can be proposed at any time. As legal agreements, they involve protected conversations, which cannot be brought up in court and involve compliance with certain rules.
Whatever stage you are at, or if you are considering, a settlement agreement with your employer, it’s reassuring to have a legal professional, experienced in employment law, with you from the start who can also maximise the outcome of any settlement.
How we help you
- We’ll talk to you about your settlement agreement and see if there is any scope for negotiation, or whether it’s a ‘take it or leave it’ situation. If there is scope for negotiation, we will fight your corner to get the most beneficial outcome for you. Whatever type of settlement agreement it is we will go through all the terms, explaining everything in clear language to ensure it works on every level, for you personally.
- We are upfront and transparent about our costs from the start. It is usual for employers to contribute towards any legal fees in the terms of the settlement.
- Our employment law specialists are experienced in every kind of settlement agreement and will always focus on the result you need. If you need a quick settlement, we can make that happen. Everyone’s situation is different and we’ll work in the way that’s best for you.
If you’d like to discuss a settlement agreement your employer has proposed, or you, as an employee, would like to propose, or you have a question about any aspect of settlement agreements, get in touch with our approachable advisers. We are specialists in employment law and are here for an initial, in-confidence consultation.
Paul Magee
Partner and Head of Dispute Resolution
Employment tribunals for employers
Employment tribunals for employers
There are never any guarantees, as an employer, that you will not have a tribunal claim issued against you. While there are many things you can do to minimise the chances of a tribunal claim, such as having progressive working practices, robust policies and procedures, and excellent HR support in place, you may still be faced with a claim from an employee or former employee.
There’s no doubt that employee tribunals can be costly, stressful and time-consuming, and you may have many questions about being issued with a claim. How should you respond? What paperwork do you need to prepare? How long will it take? Should you offer a settlement, and what kind of settlement?
These are all questions we can answer to set your mind at rest. It may also be useful to know that many employment tribunals claims never result in a final hearing and reach a settlement before this stage. And employees must obtain an ACAS early conciliation certificate before issuing any claim against you.
How we help you
- We work with you to ensure any litigation and tribunal process is as stress-free as possible, explaining in jargon-free language exactly what’s happening and what is required, as well as any implications on your business.
- Understand your business and its goals, so that we can make sure any settlement and outcome of litigation work with your objectives.
- Fully support you, with experienced employment tribunal lawyers, in any settlement negotiations, right through to the final hearing.
- We are upfront and transparent about costs from the start, to enable you to determine the best approach for your business.
If you are an employer and have had a tribunal claim issued against you, or you have a query about a tribunal claim or process, get in touch with our experienced employment lawyers. We are here to help and support you with any aspect of employment tribunals.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Discrimination
Discrimination
Do you feel you have been treated unfairly by your employer? Discrimination takes many forms, is distressing to experience and often difficult to raise in the workplace; particularly if the discrimination involves bullying, victimisation or harassment.
Discrimination happens when someone is treated differently because of a certain protected characteristic. These protected characteristics are detailed under the Equality Act and are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
If you have been treated less favourably than other employees due to a protected characteristic then you have been discriminated against. Sometimes, discrimination is direct and obvious, for example, being disallowed from applying for a role due to a disability. But discrimination can also occur in less obvious ways, and is called, ‘indirect discrimination’.
Examples of indirect discrimination include:
- Where an employer asks you to work on a certain day that doesn’t take account of your religious practice
- Where an employer requires employees over a certain age to retire
- Where an employer introduces a dress code that conflicts with your religious practice
If you have been discriminated against by your employer, you have a number of options. You can raise the issue informally with your employer, to avoid a formal dispute. Or you can proceed to a formal dispute or grievance. Your employer should have a grievance policy for you to follow.
If your grievance remains unresolved, you have legal options available to you, which our approachable employment law team, can help you with.
How we help you
- Our experienced employment lawyers have years of experience in dealing with workplace
discrimination. We will advise you on how best to approach your employer, and talk to you
in detail about the issues. We help with everything from negotiating a settlement on your
behalf to representing you at a tribunal. - We explain all legal terms in clear language that’s easy to understand. Always approachable,
always down-to-earth, our focus is on supporting and guiding you to a favourable outcome. - We are upfront and completely transparent about costs from the start; discussing these
along with funding options available to you, including legal expense insurance. We can offer
a structured range of service and support, depending on how much support you need.
If you think you may have, or have grounds for, a discrimination case, or have a query about a
potential case, get in touch with our friendly employment law team for an informal discussion in
confidence, with no obligation.
Paul Magee
Partner and Head of Dispute Resolution
Contract Disputes
Contract Disputes
Contract disputes and disagreements at work are stressful and can happen whether you have a written contract of employment in place or not.
Contract disputes can also, sometimes, lead to further issues, such as discrimination and constructive dismissal, so it is important they are sorted out speedily. Not only for your rapid peace of mind but to stop any escalation.
Contract disputes can come in many shapes and size, but all are destabilising for you as an employee and cause negative feelings between you and your employer, particularly if there is no clear grievance policy or helpful attitude in response to your grievance.
Breaches of contract can include:
- Your employer fails to pay you in line with your contractual terms
- Your employer varying or attempting to vary, your contract terms without your agreement
- Your employer failing to pay you a bonus payment due, because you are on maternity leave
- Your employer fails to pay you commissions or bonuses, which are in your contractual terms
- Your employer asks you to work additional hours outside of your contractual terms
These are just some of the more common examples. In the event of any kind of breach of contract
terms, you should ideally take it up with your employer internally first. Your employer should have a
grievance policy in place, clearly setting out the process you should follow. If, however, after going
through the process, you still have an unresolved dispute, we can help.
How we help you
- Our experienced employment lawyers talk to you, to understand in detail what has happened and the nature of your dispute. Experienced in all areas of contractual employment law, our approachable lawyers guide and support you through the range of options available, in clear and simple terms.
- We are upfront and completely transparent about our costs from the start; discussing these along with funding options available to you, including legal expense insurance. We can offer a structured range of service and support, depending on how much support you need, and what your circumstances are.
- We focus on getting the result you need for full satisfaction of the dispute so that you can put it behind you and carry on with your career, with full peace of mind and assurance about the future.
If you think you may have, or have grounds for, a contractual dispute, or have a query about a potential dispute, get in touch with our approachable employment law team for an informal discussion in confidence. We are here to help and advise you in all aspects of employment contract law.
Paul Magee
Partner and Head of Dispute Resolution
Employment for Individuals
Employment Solicitors for Individuals
At Prosperity Law, we understand how challenging it can be to face issues in the workplace.
Whether you’re facing redundancy, struggling to enforce the terms of your contract of employment, or need guidance on your employment rights, our team of experienced employment solicitors is here to support you. We specialise in offering tailored legal advice to individuals across the UK, ensuring you feel informed, protected, and confident every step of the way.
Expert Guidance on Complex Employment Issues
At Prosperity Law, we understand how challenging it can be to face issues in the workplace. Whether you’re facing redundancy, struggling to enforce the terms of your contract of employment, or need guidance on your employment rights, our team of experienced employment solicitors is here to support you. We specialise in offering tailored legal advice to individuals across the UK, ensuring you feel informed, protected, and confident every step of the way.
Expert Guidance on Complex Employment Issues
Prosperity Law have a wealth of experience in dealing with all aspects of employment law, from simple queries to complex Tribunal claims. Whether you need to understand the redundancy or TUPE processes, believe you have a whistleblowing claim, or you have been subject to harassment in the workplace, our team of employment solicitors are experts in their field. Here’s how we can help:
Redundancy Advice and Support
If you’ve been told you’re at risk of redundancy, this can feel overwhelming. Our legal experts provide clarity on the correct processes and the law governing redundancy in the UK, ensuring that your rights are upheld throughout the redundancy process. We can help you:
- Understand if the redundancy process has been carried out correctly
- Explore whether you’ve been unfairly selected for redundancy
- Review financial compensation to ensure it reflects your entitlements
- Offer advice and assistance with any proposed Settlement Agreement
Understanding Your Employment Rights
UK workers benefit from wide-ranging protection under UK employment laws, designed to promote fairness in the workplace. But navigating these laws can be daunting without expert advice. We offer support with key issues, including:
- Ensuring that your contract of employment aligns with current employment legislation.
- Understanding your legal entitlements under employment law in the UK, including family friendly legislation, pregnancy and maternity leave, shared parental leave, as well as rights in relation to working time regulations, pay and conditions in the workplace.
- Assisting with Grievance and Disciplinary processes.
- Challenging dismissals, assisting with disputes over wages, holiday pay and bonuses.
Workplace Harassment and Discrimination
Facing harassment or discrimination in the workplace can be distressing, but you don’t have to face it alone. Our team of specialist employment solicitors have extensive experience in handling sensitive cases, including all aspects of discrimination and harassment in the workplace. We can help you:
- Identify unlawful behaviour and assist you in raising a formal grievance with your employer.
- Seek an amicable resolution with your employer, to work with them to reach settlement, including ensuring the behaviour comes to an end and you feel safe at work.
- Advise you and represent you in the Employment Tribunal.
Our team have a wealth of experience in all aspects of claims in the Employment Tribunal. We are proud of our high standards of client care, and our success rate for our clients.
Settlement Agreements
If you’ve been offered a settlement agreement by your employer, it’s essential to understand exactly what it means for you before signing. These agreements are legally binding contracts that usually involve giving up your right to bring future claims in return for financial or other benefits.
Our role is to make sure you’re fully protected. We will:
- Review the terms in detail and explain them in plain English
- Check that payments, benefits and references are fair and accurate
- Advise you on whether the agreement reflects your legal entitlements
- Negotiate on your behalf if amendments are needed
Settlement agreements can often feel overwhelming, especially at a time when you may already be under stress. We’ll guide you through the process step by step, giving you confidence and clarity so you can move forward knowing your rights are safeguarded.
Rebecca Townsend
Partner and Head of Employment Law
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Why Choose Prosperity Law’s Employment Solicitors?
Practical Steps You Can Take
We understand that you might not know where to begin if you’re facing a difficult workplace situation. Here’s a simple guide to help you on your way:
Document Everything
Keep records of incidents, communications, and any actions taken by your employer or colleagues – this is your first step in building your case.
Obtain information
Ask your employer, or HR department, to provide a copy of your Contract of Employment, Handbook and their Company policies on grievance and disciplinary process
Seek Legal Advice
Contact Prosperity Law and speak to one of our experienced employment solicitor to discuss your case. With our help, you’ll gain a clearer understanding of your options and the best course of action
Get in Touch with Prosperity Law Today
If you believe your employer has failed to act in line with employment legislation, or if you’re dealing with a difficult workplace situation, don’t hesitate to contact us. Whether you need support navigating the redundancy process, negotiating your contract of employment, or seeking justice for unlawful treatment, we’re here for you.
Finally, don’t be put off by the fear of costs of seeking advice. Our team at Prosperity Law offer a free, no-obligation half hour consultation with one of our expert employment lawyers. We will always be honest and clear about any further cost or charges with you.
We’ll work tirelessly to achieve the best possible result for you, ensuring your rights are upheld and your peace of mind restored.
Take the first step towards resolving your workplace issue today.
Call us on 0161 667 3686 or fill out the form below
Redundancy & Restructuring
Redundancy & Restructuring
Going through a redundancy process or carrying out a restructuring exercise can be a difficult exercise for employers.
To ensure a fair redundancy process any redundancy dismissal should generally cover the following areas:-
- A fair reason – the reason for any dismissal or proposed dismissal is on genuine redundancy grounds. This should mean there is either a workplace closure or the type of work that an employee/s is required to undertake has ceased or diminished;
- Selection – if an employee is selected for redundancy then the selected process should be carried out fairly and reasonably by the employer;
- Consultation – reasonable consultation should take place with the affected employee/s. This should take the form of individual consultation. Additional obligations will apply where an employer is proposing to dismiss a certain number of employee within a 90 day period; and
- Redeployment – employers are under an obligation to consider suitable alternative employment and notify employees of any suitable alternative employment opportunities.
This can be a lot for employers to take in. Our trusted and experienced employment lawyers will however be at hand to guide you through the process.
Our employment lawyers have considerable experience in advising on redundancy and restructuring matters for employers. We will make the process as easy as possible for you. We will explain any legal issues in clear terms, without going into technical jargon. We will listen to you and take the time to understand your business objectives. We will look to deliver our advice based on your business needs. We will go through the options with you and deliver a decisive and commercially focused device.
If you are a business owner or HR professional and have any queries in relation to redundancy or restructuring, please do get in touch with us.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Policies & procedures
Policies & Procedures
Policies and procedures act as the essential roadmap for your business. They provide the framework and clarity for decision-making and day-to-day management of your operation. Relevant, clear policies and procedures, written to support your business goals, and the efficiency and compliance of your organisation, provide you with peace of mind in managing your business and covering all the bases.
There are certain policies you are legally required, as a business to have, for example, data protection, health and safety, and equal opportunities, amongst others. And, although not legally binding, policies and procedures are documents that courts and tribunals take into account. If you were taken to tribunal for dismissing an employee for driving a forklift vehicle without a licence and had the policy to state this was an act of gross misconduct, the tribunal is more likely to rule in your favour.
From flexible working to social media and whistleblowing, having policies and procedure in place can protect your business and ensure your employees are treated fairly and consistently.
How we help you
- We take the time to understand your business and your objectives, as well as the values and behaviours of your organisation, to draft policies that not only protect and safeguard your operation but promote the culture you need in your organisation.
- With many years of experience, we know how quickly employment legislation can change. Our employment lawyers will ensure your policies and procedures are kept under review and always up-to-date with any changes, advising you on how any changes impact your business.
- From whole-scale company policy drafting to individual policy and procedural advice and what will best serve your business, ensure your legal compliance and minimising of any legal risk, our specialist employment law team can support you with what you require.
If you are a business owner, employer or HR professional and would like to talk about how the right policies and procedures can help your business, or you have a query, please get in touch with our approachable employment law specialists. We are here and ready to help you with an initial
consultation.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Grievance & discplinary
Grievance & Discplinary
Grievances and disciplinary issues arising in the workplace, involving one or more of your employees, can be complex and time consuming to resolve. It’s also not uncommon for a grievance or disciplinary to involve allegations of harassment or discrimination. Very quickly, a grievance can turn into a legal situation where it is clear you will need professional support to protect your business interests and ensure you are acting within the law.
On top of running your business, you may, during a grievance or disciplinary process, have a great deal of your attention taken by the stresses of, what can be, a complex problem. The, usually personal, nature of a grievance or disciplinary can throw up many queries, for example:
- You find out an employee is discretely recording a disciplinary hearing. Is this allowed?
- You wonder how to deal with a disciplinary matter when one of your employees is off sick.
- You want to start a disciplinary investigation but are not sure you have grounds or where to start.
Even if the grievance or disciplinary issue is a straightforward one, there can still be many legal queries, particularly if you wish to dismiss an employee. You’ll need specialist support that understands your need to balance commercial requirements with the minimisation or legal and reputational risks.
How we help you
- Our employment law specialists are understanding and fully appreciate the sensitive nature of a grievance or disciplinary issue. They will talk to you in detail about the situation and what’s happened, including any relevant history.
- From the beginning, we will establish your business objective, and ask, ‘What do you want to do?’. You may wish to dismiss an employee, negotiate a settlement, or something else. Whatever your objective, we will fully support and advise you to this aim, always appreciating the commercial needs of your business.
- Experienced professional law advisers, knowledgeable about all areas of employment grievances and disciplinaries are on hand to support you for the entire duration of the procedure. Any concerns or worries along the way, we are there to answer them with a rapid, reassuring response.
If you are a business owner, employer or HR professional and are concerned about a grievance or disciplinary issue in the workplace, or a potential issue, get in touch with our employment law team. We have all the knowledge and commercial expertise to help you in whatever way you need with workplace issues and disputes as they arise.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Flexible working
Flexible Working
An appropriate flexible working policy and procedure in place provides clarity for your employees and best serves the needs of your business. All employees have the legal right to request flexible working after a certain length of time in employment; it’s your responsibility to then deal with those requests in line with your legal obligations as an employer.
It’s important to remember that if you do not, as an employer, handle flexible working requests in line with the legal requirements, you can be open to a tribunal and costly litigation. As employees can request to work outside their standard contractual working arrangements, keep in mind that these requests can come in many forms, all under the heading of flexible working. Employees may request to work from home or away from the office, change their standard hours of work, and start and finish times.
Understandably, you will want to ensure employee requests are handled fairly and in a way that does not ever give rise to any workplace disputes, but it’s not always easy to serve the needs of your business at the same time. Our flexible working legal experts can help you work out and implement the best approach.
How we help you
- We can provide you with an effective set of flexible working policies and procedures that best serve the needs of your business and limit your exposure to discrimination and any ensuing workplace disputes and tribunals.
- We provide technical expertise and hands-on support and guidance with the day-to-day, from the moment a flexible working request lands in your inbox. Our support can be as extensive as you need, from the one-off implementation of policy and procedures to ongoing, ad-hoc support as and when you need it.
- If you just need a sounding board, or for us to oversee your work on flexible working policies, we are here with the experience and legal knowledge to advise you on what’s best for your business, and the implications of any decisions or changes to a policy you make. And if you simply need employee documentation drafting, including forms and other related documents, we can take care of it.
If you are a business owner, employer or HR professional and need support, largescale, or in part, with flexible working policies, procedures and documentation, get in touch with our experienced flexible working lawyers. Our approachable employment team are here to help you with any aspect of flexible working.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Family rights
Family Rights
If you’re a business owner, employer, or HR professional, you may know that the legislation surrounding family rights for employees is constantly evolving. Family rights cover areas such as maternity leave and pay, paternity leave and pay, adoption leave and shared parental leave, but also time off for dependents, and flexible working and leave. There are many areas and legal definitions relating to family rights for employees, and as an employer, you have a duty to comply with them, as well as attempting to safeguard your organisation from any legal risk of discrimination.
Comprehensive working policies and procedures need to be in place to ensure you are upholding the family rights of your employers, and not running any risks when it comes to inadvertently discriminating against an employee. For example:
- Where you carry out a redundancy exercise and fail to consult with an employee who is off on maternity leave.
- Where you have a suitable alternative vacancy and fail to offer it to a pregnant employee who is at risk of redundancy.
- Where an employee returns from maternity leave and submits a flexible working request, but you reject the request without a justifiable reason.
Family rights for employees can be a daunting area for business owners, but with our expert employment lawyers to support you, you can ensure you are fully compliant, with policies and procedures that support your business and its objectives.
How we help you
- We ensure you have a comprehensive set of policies and procedures fully compliant with the up-to-date legislation in the area of family rights, as well as advise you with our supportive, down-to-earth approach, as and when issues arise.
- We take the time to understand the commercial needs of your business and its goals so our advice, and any policies and procedures we provide, are in line with your objectives. Discrimination claims can be of high value and we will always aim to avoid any legal risk, costly litigation and adverse publicity for your business.
- We are always upfront and transparent regarding costs, according to the support, one-off as well as ongoing, you may need. Every business is different with varying levels of work in this area.
If you are a business owner, employer or HR professional and have any queries in relation to family rights, or feel you need specialist family rights support for your organisation, get in touch with our experienced family rights lawyers. We are here and ready to help, with an initial consultation.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Contracts of employment
Contracts of employment
The right workplace contracts in place for your employees can save your business many issues and
complications further down the line. There’s a lot to think about when it comes to contracts and you need to ensure your business objectives and reputation are safeguarded. For instance, do you have a social media policy for employees or a policy of letting them use their own mobile devices for work? Contractual terms in these areas can ensure your security and set the procedures that will benefit
your operation for years to come.
Without clear contractual boundaries in place, rules for employees are unclear. Blurred boundaries can lead to workplace disputes that cost you to resolve later. With a robust contract in place from the start, life for you and your employees is easier. Employees understand what’s expected and there is less room for interpretation in acting outside the working arrangements you want and are best for your business.
Many employers will not have written contracts of employment in place at all. And when it comes to
freelance working arrangements, employment law is particularly complex in establishing where
individuals attract worker or employee status. Our expert employment law team can help you, to
make sure your business goals and objectives are fully covered.
How we help you
- With years of experience in employment law and contracts, we cover all the bases for you, advising and drafting the right workplace contracts for your business. From casual worker contracts to service contracts, and contracts for directors and senior executives, we will ensure all contracts work to benefit your business and are fully, legally compliant.
- We talk to you about the needs of your business, and your future goals, so we can build in the relevant clauses to workplace contracts that will serve your needs now and for the future.
- As commercially aware, experienced legal specialists, we know how every single business and organisation is unique, not just in its goals, but in its culture, and the values and behaviours that a contract can be instrumental in fostering and supporting.
If you are an employer, or about to become an employer, and need help with your workplace contracts, or have a question about a contractual issue, get in touch with our experienced employment law team for an initial consultation. We are here and ready to get the right contracts in place for your business.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Business transfers
Business Transfers
During business transfers, it’s important to keep an eye on your objectives. There are many knock-on effects on staff employment during business transfers, and related activity, such as outsourcing and insourcing. But with a clear establishment of your goals, and help to navigate the legal implications, you will ensure you maximise the benefits of any business transfer and stay within compliance.
If you’re considering purchasing a business or selling your business, as the business transfers ownership, the rights and liabilities associated with the business’s contracts of employment will also typically transfer as part of the arrangement. Similarly, the same rules apply when insourcing or outsourcing certain functions, for example, IT support, cleaning, etc.
But legal issues can arise, so it’s best to have specialist employment law advisers to hand to help you. You may have questions about the obligation to take on employees from the seller of a business, or whether there’s scope for you, as a business buyer, to carry out redundancies. Are you able to amend the terms and conditions of employers who have transferred from a business, and has the transfer legally taken place? These are all issues, as experienced employment lawyers, we can help with.
How we help you
- Easy navigation of, what can be, a complex area of law and governed by the set of regulations, referred to as TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006). We advise you of all relevant implications in straightforward, clear language, free of jargon, and whether any TUPE scenario exists.
- Down-to-earth advice, and guidance from start to finish, from an experienced employment lawyer about your legal obligations, and potential obligations, from any transfer, or outsourcing/insourcing arrangements, and support to implement actions.
- Support for any buying and selling of a business, transfer details with regard to employees, as well as expert employment advice for achieving your business objectives.
If you are considering buying or selling a business, or in the process of a sale and have a question, get in touch with our experienced employment law team for an initial consultation in confidence. We are here and ready to help you with any aspect of employment and transfer of business.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Absence management
Absence Management
Protect the needs of your business and ensure legal compliance as an employer, with the right absence management policy and implementation. Managing employee absence effectively is about minimising the impact to your business of the short and long-term absences that can, and do, happen. The delicate balance between supporting employees, and ensuring your level of legal risk is zero, needs to be struck, while protecting your organisation against the detrimental effects of staff absence.
An absence management policy put in place by a business needs to be right for that particular business and its goals, as well as align with its internal values and behaviours as an employer. Where an employee develops a serious medical condition, there can be a need by the organisation to manage the employee’s absence promptly, to minimise any negative impact on operations and productivity. But there is a danger that if not managed, in accordance with the right procedures, for the business, and for the employee, the organisation is open to legal scrutiny.
As experienced employment lawyers, we can help you to get the right absence management policy and approach in place, putting you outside of any legal risk and ensure you’re doing the right thing for your business and employees.
How we help you
- We work with you to understand your business and establish your objectives, with particular regard to employee absenteeism. We look in detail at how different types of absences potentially affect your operation and how they can be mitigated by the right absence management policy and approach.
- We focus on achieving the right balance between meeting your organisational needs, and your legal compliance, and minimising risk as an employer. Whether you want to remove employees at a certain stage of absence or facilitate their returns to work, we can help you to achieve it the right way.
- With our pragmatic, commercial approach, and straightforward advice, you will have a working absence management policy and process that best suits your business, and know how to implement it.
If you think you need help to better manage employee absence, with a more effective absence management policy, speak to our experienced employment law team. We are here and ready to help, with an initial discussion about the best approach for your business.
Rebecca Townsend
Partner and Head of Employment Law (Leeds)
Sports Law
Sports Law
Prosperity Law LLP provides a comprehensive legal offering for a wide range of international and local sports organisations, sporting associations, clubs, managers, agents and sportsmen, and women.
Prosperity Law has FA FA-registered lawyer and represents a number of international and Premier League footballers as well as clubs.
Our client base also includes athletes who have competed in the Olympics as well as those just starting out in the profession. Our clients also represent a wide range of sporting disciplines, and as a result, our legal expertise covers football, rugby, golf, tennis, cycling, cricket, basketball, athletics and many more.
Life in the sporting industry opens doors to fresh and exciting opportunities and can take an athlete or associate to many places across the world. Increasingly, litigation and regulation across professional sport require expert knowledge, which we are fortunate to boast years of experience in at Prosperity Law.
Our niche sports law team work closely with you to understand your commercial aims and objectives and tailor our advice accordingly. We ensure that we deliver advice in a discreet and efficient manner, and we are renowned for our professionalism and ethical standing.
We provide the following services:
- Document reviewing and drafting
- Reputation management and defamation
- Club restructuring and shareholding
- Transfer negotiations and commercial deals
- Media and entertainment
- Disciplinary matter and appeals
- Criminal matters and driving offences
- Employment contracts and disputes
At Prosperity Law we are aware that being an athlete is a fast-paced lifestyle, therefore, clients may not always be able to communicate with their solicitor as often as is necessary. As a result, we are more than happy to deal with trusted agents or similar advisors to ensure any problem encountered can be efficiently dealt with.
If you need assistance from a sports law specialist, simply get in touch with Prosperity Law today.
Edward Smethurst
Managing Partner
Latest News
Financial fouls: tactics for footballers, their finances and future estate planning
Some recent articles (with insightful comments from ex-professional players) highlight significant financial misadventures and poor advice which have affected current and retired footballers and pensioners, underscoring the need for proper legal and financial guidance which is backed by regulatory oversight. Graeme Souness, in the Daily Mail, shares concern over footballers being misled by dubious investment […]
Employment Law for Business
Employment Law for Business & Employers
Employment Law and human resources (HR) are complex but necessary disciplines, constantly evolving with the times, and we understand it can be increasingly difficult for employers and businesses to navigate.
Small businesses particularly may find employment law hard to keep pace with but are still under a legal obligation to comply with all its terms. Prosperity’s team of expert solicitors for employers, can help.
Employment law and HR, and the unique issues these areas often present, don’t have to be a headache. Our employment law specialists keep pace with the relevant legislation, so you don’t have to. Our team can provide you with tailored employment advice, assisting your business with everything from day-to-day HR support, grievances and disciplinary processes, to workforce management, restructures, and TUPE.
Our team of experts can also assist in all aspects of representation in the Employment Tribunal, from liaising with ACAS to defending your business against any claims in the Employment Tribunal.
Whether you are a charity, large, limited company, SME, or small business in any sector, we can help you and ensure your organisation is fully compliant with employment law, with best policies and practices, giving you full peace of mind.
Our experts can help navigate the following areas of Employment Law for you and your business, including:
Settlement Agreement Drafting
Settlement agreements are a valuable tool for employers, providing a clear and legally binding way to bring employment relationships to a close or resolve disputes on agreed terms. When used effectively, they can minimise risk, protect business interests, and give certainty for the future.
Our team support businesses:
- Guiding you through the correct use of Protected Conversations and using Settlement Agreements effectively
- Drafting robust agreements that comply with employment law
- Negotiating terms to reduce or eliminate the risk of Tribunal claims
- Managing confidentiality, restrictive covenants, and references
- Ensuring agreements are practical, enforceable, and tailored to your organisation’s needs
We act quickly and pragmatically, helping you use settlement agreements to achieve a clean break and avoid unnecessary costs or prolonged disputes.
How we help you
Our approach when offering legal advice for employers, is always business-focused, based on what you need to achieve in your organisation. We represent businesses across the UK, from our offices in Manchester, Liverpool, Leeds, and London.
If you are an employer or HR professional and need advice on employment law, or other issues related to your staff or workforce, get in contact with us today for an initial, no-obligation consultation. Our approachable and qualified specialists are providing legal help for employers based across the UK and are here, ready to help you.
Rebecca Townsend
Partner and Head of Employment Law
Intellectual Property
Intellectual Property
At Prosperity Law LLP we have dedicated intellectual property solicitors who offer technical and practical advice.
It is a priority for any company to protect its intellectual property rights. Failure to do so can significantly de-value those rights and enables others who copy your ideas to profit from at your expense.
We can help you to protect your intellectual property rights and take action against any infringement of them.
We have solicitors who have years of experience advising clients about the protection of their intellectual property rights and taking appropriate action where those rights are infringed. We understand the sensitive nature of what is at stake in protecting intellectual property and the consequences of failing to protect these important rights. We can help you find the right solution.
Patents for inventions
New and inventive products and/or processes which are capable of industrial application. A patent will provide a monopoly right over that product or process, providing it is ‘new’, so it is essential to speak confidentially to a solicitor from the start.
Trademarks for brand identity
A trademark is a form of registered protection, which provides the owner with a monopoly right as long as it is capable of graphical representation and above all does not describe that particular good/service. A trademark can be registered in a number of different classes of goods/services which prevents competitors from using similar marks, so speaking with an experienced law firm such as Prosperity Law is vital to ensure protection.
Design Rights
A design right, relation to the physical appearance and materials used for a product can be registered or unregistered. The existence of a design right provides protection from others who seek to copy it.
Confidentiality
All businesses possess information that needs to be kept confidential for one reason or another. There is the potential for a significant risk of harm being caused if confidential information becomes public knowledge, particularly if the information relates to the company’s own internal organisation, its employees, processes or its relationships with customers and suppliers. Where a key aspect of the services that a company provides to its customers is to keep their information confidential it is important to implement measures to protect that information.
There are many facets to this. Clear obligations within employment contracts are key. Having binding agreements with other businesses with whom you share information that they will keep that information confidential are also a recommended practice. An expectation of confidentiality also arises in certain circumstances even without specific agreements not to disclose confidential information. We can help you manage these issues and address the problems that can arise where disclosure of confidential information occurs.
Passing Off
If you have a well-established presence in your market and another business is using identical or very similar imagery/branding to yours in order to confuse people into thinking that they are supplying the goods or services associated with you, there is a very strong chance that they will be “passing off”. We frequently help businesses in this situation in order to prevent further passing off and obtain compensation for the effects of previous actions by the perpetrators.
Edward Smethurst
Managing Partner
Latest News
What is Copyright and Intellectual Property Law?
Businesses and individuals handle and create copyright-protected materials every day, whether recording a piece of music, drafting documents, commissioning artwork, developing software, or building a brand. It has lots of different forms, but to most the concepts that help you protect these assets often feel opaque or overly technical. In this article Prosperity Law’s expert […]
Commercial Litigation
Commercial Litigation Services
Expert Support for Business Disputes of All Complexities.
At Prosperity Law, we bring extensive experience in commercial litigation, offering practical and tailored solutions to help businesses resolve disputes.
From contract disputes and shareholder disagreements to professional negligence claims and IP challenges, we provide clear, strategic advice tailored to your business goals. Our priority is to resolve matters efficiently so you can focus on running your business.
We understand that disputes can be disruptive and costly, which is why we take the time to understand your unique circumstances and deliver effective strategies for resolution. Operating nationally across England and Wales, we’re committed to guiding you through every step with clarity and confidence.
Why Choose Prosperity Law?
We combine legal expertise with a deep understanding of your commercial objectives. Our goal is simple: to deliver practical solutions that protect your business and reputation. At Prosperity Law, we offer services led by solicitors experienced in dispute resolution, providing guidance at every stage, from initial advice to court representation, if necessary.
Expertise Across Sectors
We bring in-depth knowledge of various industries, allowing us to deliver strategic and commercially sound advice.
Tailored Solutions
We work to develop practical approaches, balancing legal, financial, and reputational concerns to secure favourable outcomes.
Nationwide Coverage
Operating from offices in Manchester, Liverpool, and Leeds, our services extend nationwide to meet the needs of businesses throughout England and Wales.
Protecting Your Business Interests
At Prosperity Law, we are proud to be trusted legal advisors for businesses of all sizes. From small enterprises to large corporations, our goal is to minimise disruption, secure favourable outcomes, and allow you to focus on running your business.
With a proven track record across a diverse range of commercial disputes – from high-value, complex litigation to lower-value matters – we deliver results grounded in professional expertise and strategic insight. Whether it’s contract disputes, shareholder or director issues, or other business-related disagreements, our team is equipped to handle cases of varying complexity and scale.
Types of Disputes We Handle
Our team advises and represents businesses in a wide range of commercial disputes, including:
How We Resolve Disputes
Our approach is focused on achieving practical, cost-effective solutions that align with your objectives. We combine legal expertise with commercial awareness to deliver results through:
Negotiation & Alternative Dispute Resolution (ADR)
We are skilled in ADR techniques, including mediation and arbitration, which often provide faster, less costly outcomes than court proceedings. Our goal is to resolve disputes while preserving valuable business relationships.
Mediation
Mediation offers a collaborative way to settle disputes amicably. We guide clients through the process, ensuring your interests are protected while avoiding the stress and expense of litigation.
Strategic Litigation
When court action is unavoidable, we pursue robust litigation strategies. Our team prepares thoroughly, leveraging evidence and legal arguments to secure the best possible outcome for your business.
Contact Our Commercial Litigation Solicitors
If your business is facing a dispute, don’t leave the outcome to chance. Contact our expert commercial litigation solicitors to discuss a tailored strategy that fits your needs.
Call us on 0161 667 3686 or fill out the form below
Latest News
Breach of Contract: When Should You Take Legal Action?
If someone has broken the terms of a contract with you, your first question is likely: what can I do about it? And the follow-up is usually: should I go to court? The short answer is that court proceedings should be a last resort. Most contractual disputes are resolved through direct negotiation or alternative methods […]
Corporate & Commercial
Corporate &
Commercial
We provide a comprehensive range of services to meet the wide-ranging needs of our corporate clients and their owners, management teams and investors.
If you would like any further information or need advice about any commercial dispute or litigation, please get in touch with us today. Our team will be glad to help.
Our services include the sale and purchase of companies, takeovers, mergers, restructuring and refinancing, management buyouts and buy-ins, partnership agreements and commercial contracts. We represent businesses of varying statures from dealing with multi-million-pound deals through to sole traders.
Our clients have benefited from the years of experience our solicitors have gained working in the commercial and corporate sectors. Ensuring you and your business receive sufficient legal expertise and representation is an essential aspect of the success of your company.
Our corporate department offers a wide range of legal services for businesses, can adapt to any situation and is determined to exceed your expectations.
When a business is in a position to buy or sell assets, the last thing it wants is any unnecessary complication with the transaction. It is essential therefore to be supported by commercially focused legal advisers.
Related Services
Andrew Laycock
Consultant
Latest News
What to consider when buying or selling a business?
Whether you are buying or selling a business, it will probably be one of the biggest financial decisions you will make in your life! That’s why it is so important to instruct a solicitor with the right expertise. The corporate & commercial team at Prosperity Law will not only ensure that you and your business effectively manage all […]
