The Impact of CEO Divorce on Shareholders

If a formal allegation has been made against your child, it is imperative that you seek out legal advice and representation as soon as possible. Sexual offence cases can often rest on one individual’s testimony against another and so having a skilled defence lawyer by your side is invaluable in helping you to navigate this complex process that can be highly emotional.

When someone first comes into contact with the criminal justice system, there is a tendency for them to immediately think the worst without any consideration to the strength of the evidence against them, the stage of the proceedings, and most importantly the gravity of the alleged offence.

Just because an individual may accept the truth of an allegation made against them, there are a wide range of factors which will still need to be considered by the courts in arriving at an appropriate sentence. A prison sentence represents the severest of sentences reserved for the gravest of cases. They are not passed lightly and there is increasing pressure on judges to use alternative means of punishment where at all appropriate given the well documented problems of overcrowding in our prisons.

We recommend that you contact us urgently if you receive an Employment Tribunal claim as there is a strict timeline of 28 days to enter a response. We can help you to prepare the ET3 response and put forward your best defence to the claim.

A tax-deductible expense is a deduction that lowers a person's (or organisation's) tax liability. This means that the tax you would usually be charged on that service is removed. To qualify, the expense has to be "ordinary, necessary and reasonable". It is commonly asked whether divorce lawyers’ fees are tax-deductible. The simple answer: probably not.

Restrictive covenants will only be enforceable if they protect a legitimate business interest and are viewed as reasonable. There can be disagreement between an employer and employee about this.

You should not be disciplined or dismissed for raising a grievance at work, especially if your grievance relates to discrimination. If this happens because you have complained about discrimination this amounts to victimisation.

The law also protects you from being victimised if you have 'blown the whistle' about certain categories of wrongdoing in the workplace. These laws are designed to encourage an open culture at work where employees do not fear speaking out about criminal offences and breaches of health and safety at work, for example.

Employers must ensure that the selection criteria for making employees redundant are fair and objective and that the selection criteria do not disadvantage a particular group of employees.

It is not lawful to make an employee redundant because of their age, and if you think this could happen or has happened to you, you should seek legal advice as soon as possible so that you can take action to protect yourself.

Bringing a child into the UK for the purposes of adoption is a criminal offence, punishable with up to 12 month’s imprisonment and/or a fine. In order to bring a child into the UK for the purposes of adoption, there are strict regulations that need to be complied with, preferably in advance of bringing the child in. It is vital to seek legal advice prior to bringing a child who you wish to adopt into the UK.

You do not need to be a relative of the deceased to contest a will. If you were dependent of the deceased then you may also have a claim under the Inheritance Act if you believe they did not make reasonable provision for you.

Of course, each case is unique, with different facts and circumstances to consider, but Vardags will guide you through the best strategy to make a claim against the deceased’s estate. If you do wish to contest a will you need to act quickly, and it is important to note that you do not need to wait for the grant of probate to start a claim. As such, the time limit for contesting a will is six months after the grant of probate or Letters of Administration.

One positive aspect for some parties going through a divorce is the fact it results in the ability to take those first exciting steps towards moving on and starting afresh. Inevitably, this includes the opportunity to date and, potentially, find a new partner. Legally, you can date during the divorce proceedings, however, exist a number of legal and practical considerations to bear in mind.

‘No-fault’ divorce was introduced by the Divorce, Dissolution and Separation Act 2020, which came into effect in April 2022. This means that only one party needs to state that the relationship has permanently broken - there is no need to provide evidence or cite any specific reasons why. Furthermore, a divorce can now only be contested in extremely limited circumstances: if the party has filed for divorce in the wrong jurisdiction or if the marriage is invalid.

Following the introduction of ‘no-fault’ divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020, parties no longer need to assign fault for the breakdown of the marriage or separate for at least two years. Now, it is only necessary for one party to state that the relationship has permanently broken down. It is hoped that this will make the divorce process less acrimonious.

The short answer is yes. There are various reasons why one might wish to remain living in the same house as their spouse whilst undergoing divorce proceedings. It may be that matters remain amicable between the pairing, a sense of "normality" is being attempted for the sake of children, or more likely due to financial necessity, especially if the home needs to be sold before the parties can move into separate properties. These are all legitimate reasons to remain cohabiting, however, it is important to note that certain statutory rules and common practices exist that prevent a divorce being granted if two spouses are still living together as a couple in the same property.

The legal fees of a top divorce lawyer can seem expensive, but it may be the best investment you ever make. When it comes to divorce, your entire asset base will be part of the dispute, and your fees will likely be only a small percentage of this.

In many divorce cases, the matrimonial home is one of the key assets to be taken into consideration when sorting the financial matters arising from a relationship breakdown. We are often asked by our clients whether they can continue to live in the family home during...

You can make a claim for harassment even if the incident took place outside of the workplace at a work-related social event, for example, an office party.

The law interprets the workplace in this type of situation in a fairly wide context. If events take place in the course of employment the same rules could apply as in the workplace itself.

Witnesses can be helpful as can a note which details the incident as this could become important evidence should you decide to take the claim to the Employment Tribunal.

Please do let us know when you would prefer a call back and we will do our utmost to accommodate.

If both parties agree, divorce proceedings can be stopped until the court issues a final divorce order (previously called a divorce absolute).

Vardags can prepare Lifetime trusts as part of your succession planning or Will trusts to protect your assets for young, disabled or vulnerable loved ones. We can also deal with the alteration of existing trusts and offer bespoke advice on the implications of any such alterations, including all applicable tax and general advice, factoring in all the relevant circumstances.

This article will address the extent to which a parent can move their child away from the other parent without their consent. A distinction will be made between moving the child to another part of the UK, as well as moving abroad.
It should be noted from the outset that whether the parties have ever been married or in a civil partnership is immaterial for the purposes of relocation of the child. The important factor is whether the parent seeking to prevent the relocation has parental responsibility.

It is common for couples to share in the responsibility of handling their finances, which is why many opt to open to a joint bank account to facilitate this. This account can be set up so that transactions require either one, or both, party’s signatures. In general, joint accounts present few problems for couples and are, as such, a favoured means of dealing with finances.

Custody and access - more properly called “Child Arrangements” - can be emotionally fraught litigation, especially where one party is threatening the other with the prospect of denying them time with the child. The court will always look at child centric outcomes, with the welfare of the child always being paramount. The starting point will always be that the child should spend time with both parents, except in very unusual circumstances.

Yes. Vardags helps you find the best lawyer for divorce in international cases.

The respondent can ask the court to vary a search order. This is only likely to be granted before the execution of the order where there are obvious errors in the documents that were produced by the claimant to the court. The claimant will have a return date to court following the execution of the order and usually the application to set aside or vary such an order will be done at this hearing. 
Where an order is granted and executed and it is then discovered that it should not have been made, the court can discharge the order.

Divorce is often a life-changing event, as individuals - who once shared earnings, assets, and even children - navigate new lives independent of one another. In this respect, one may wonder whether it is indeed possible to maintain the same lifestyle after divorce, especially in high-net-worth cases, where the parties may have enjoyed a very high standard of living throughout the marriage and that will require significant assets to sustain. The parties’ standard of living will be considered by the courts, but this does not mean that the same standard of living is guaranteed.

For most people, debt is something that they will incur to enable them to buy larger purchases such as cars and homes, as well as sometimes for everyday spending. In the same way that assets need to be assessed and divided when a couple divorce, any debt will need to be examined to determine who is responsible for its repayment. 

Dismissal for gross misconduct is the ultimate sanction.

On dismissal employees ordinarily receive pay and other contractual benefits during their notice period. Notice periods are set out as an express term in a contract of employment and if not a requirement to give reasonable notice will be implied. In any event, there are laws which require employers to provide minimum notice periods when terminating a contract of employment.

In a gross misconduct situation an employer is entitled to dismiss an employee without notice or pay in lieu of notice.

If you have been dismissed and need advice about payments on termination, we have the expertise to provide the assistance you need to ensure you receive your contractual entitlements.

Women are born with a finite number of eggs that decrease in quantity and quality with age, which can make it difficult to conceive in later years. Egg freezing can help a woman try to preserve her fertility, however, it does not guarantee a baby, and it can create complex legal issues. If you are considering this route, expert legal advice an important safeguard in the fertility treatment process.

Yes. Vardags solicitors are familiar with managing cases involving overseas properties and international business interests. We know how to navigate international requirements and cross-border living arrangements.

Our top UHNW divorce lawyers provide private consultations while maintaining client confidentiality. We know that confidentiality is the most important thing; that's why all communications are handled with tact. Alternative contact methods are available for added discretion, too.

Yes. Vardags works with clients across all areas of London and internationally.

The thrill of a lottery win can be quickly tarnished when divorce is involved and there is the prospect of having to share it with a previous partner. If there is a large win, the resulting financial settlement will likely comprise an ultra high net worth one. Does a lottery win automatically get shared as part of a financial settlement? Can you wait until the divorce is finalised before cashing in to avoid having to share with someone you no longer want to be with? The answer is it depends on the circumstances of the win. 

As a high-profile individual, your reputation is priceless. If allegations about you have been published in print or online and have caused or are likely to cause serious harm to your reputation, we can help.

Reputation-damaging allegations can affect your private and public life; the most serious allegations, for example those of a sexual nature, can have a devastating impact on all areas of your life.
Whatever the situation, our team can provide specialist advice to protect and defend your reputation.

Threats to your client’s reputation can have a dramatic impact on their private or professional lives. Some allegations, such as those of a sexual nature, can impact all areas of their lives.

We understand that your client’s reputation is priceless. If allegations have been published about them in print or online and are causing serious harm to their reputation, we can help.

Our team understands the specific concerns of high-profile figures when it comes to reputational matters, and can provide specialist legal advice to protect and defend both their reputation and privacy.

Being dismissed after an extended leave of absence could still amount to a fair dismissal if your employer can argue that you are incapable of performing your role but this is very much dependent on the circumstances. If the correct processes in this situation are not followed, there could be a case for disability discrimination.

Your employer should have several meetings with you before proceeding to a dismissal taking steps to determine the medical position. For example, we would expect your employer to take into account: the prospect of you returning to work; the likelihood of the recurrence of the illness and the effect of absences on the rest of the workforce.

The employment team at Vardags can support you through a capability procedure at every stage.

The courts recognise that this is a very draconian and extreme order and the so there are various safeguards in place to protect the respondent:
•    The claimant has to provide full and frank disclosure to the court when making the application. This is done in the form of an affidavit that sets out the facts that are being relied upon and will include relevant evidence
•    The claimant must give an undertaking in damages in case it is later discovered that the claimant should not have been granted this order
•    An independent solicitor is appointed to supervise the execution of the order and to provide a report on this. 
•    Usually, the order must be served on a weekday during working hours to allow the respondent the opportunity to get legal advice

Flexible working requests are often made by working mothers returning to work after a period of maternity leave. An employer should be open minded to this possibility and give any such request reasonable consideration. If you feel that your employer has not done this or is putting reasons forward about why the arrangement would not work which are not justifiable, we can explore with you whether this amounts to discrimination on grounds of sex.

If you are a beneficiary, you may encounter difficulties related to: obtaining information from trustees, requesting distributions from trustees, speeding up the administration of trusts. and actions for fraud or breach of fiduciary duties. Vardags can offer extensive guidance for beneficiaries in respect to the above issues and more.

When a couple gets divorced, it can be assumed that the married name will automatically revert to the maiden name once the process has been finalised. However, this is not the case and there are set processes in place that have to be followed.

Many people contacting us for the first time are worried about their spouse finding out. We understand these concerns and have measures in place to alleviate them and provide peace of mind.

Though uncommon, false allegations of domestic abuse can be extremely distressing. As leading family lawyers, Vardags can help you to defend against such claims and put forward your case.

If false allegations are not firmly refuted, the consequences can be very serious. An occupation or non-molestation order could lead to you being removed from your home or even arrested by the police. These orders can also have significant impact on your professional life and be used to limit the time you spend with your children after separation.

All well drafted agreements will have incorporated notice provisions which clearly set out the ways in which notice may be given and delivered to another party. In well drafted agreements, it is important that these notice provisions are strictly adhered to in order to avoid disputes as to the validity of the notice in the future.

Where notice provisions are silent, it may not be clear when notice would be deemed served, whether notice may be given by email or fax etc. Again, this ambiguity can lead to disputes.

Vardags is experienced at advising on all aspects of notice, from reviewing notice provisions, giving notice and determining the validity of a received notice.

The best way to ensure your assets are protected is to conduct a thorough and accurate valuation.

Even if you are not married, you are entitled to support from the other parent of your children. Under Schedule 1 of the Children Act, you can obtain both ongoing maintenance and lump sums towards the costs of bringing up children.

The level of provision will depend on your needs and your partner’s financial position. If there is money available, they can be required to meet expenses such as school fees and even provide a house for you and the children.

If you fear violence or suffer from it, the court will protect you. For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders or occupation orders, each giving you comprehensive legal protection.

If a party has failed to meet their responsibilities in accordance with an agreement Vardags can advise your company on how best to enforce the terms of the agreement.

In any instance, the first step will be to check for enforcement mechanisms and provisions under your agreement. Vardags are conscious that on some occasions, commercial relations are equally as important as the contract itself so will work to preserve those relations whilst protecting your company’s position.

In circumstances where a party refuses to adhere to the terms of the agreement, Vardags can assist in bringing or defending court actions for breach of contract or to enforce the terms of the agreement. Vardags will assess the merits of your case and advise on the most suitable course of action to protect your business.

Specialist fertility, parenting, and family law advice can help you in a number of ways, including managing and mitigating the legal risks and issues involved, helping you to understand what would happen legally and practically if family life doesn’t go to plan, and legally restructuring arrangements for your family following relationship breakdown or a change in circumstances.

Employees seeking to use your confidential information, set up a rival business or poach your clients or staff can pose a serious threat to your business. Post-termination restrictions, known as restrictive covenants, are designed to prevent employees from carrying on these kinds of activities. If you are concerned that one of your employees or former employees is breaching their restrictive covenants, you may want to apply for an injunction to curb the potential damage to your business.

In high value cases, it is common for parties to have an inflated view of marital assets. In order to tackle these false perceptions, an accurate and thorough valuation of all your assets is key.

With a unique team of in-house forensic accountants and well-established links with expert valuers, Vardags are adept at demonstrating the true value of shared assets and countering any excessive needs claims.

Despite the fact that the presumption of innocence is a fundamental principle at the heart of our justice system, there is a stigma which attaches to anyone who is accused of criminal activity. In addition to robustly defending our client in the face of criminal allegations, we will work exhaustively to protect our client’s reputation throughout the process.

Generally speaking, cohabitees do not have rights over each others’ property. You may, however, have claim if you have contributed to the joint purchase of a house (even if it is your partner’s sole name) or you have carried out substantial work on it. If you have relied on your partner’s promises that they will look after you or house you, then you might also be able to claim.

Some adoption orders are automatically recognised in England and Wales, such as those made in Scotland, Northern Ireland, the Isle of Man, Channel Islands, ‘overseas adoptions’ and adoptions under the Hague Convention 1993. Any other adoption made abroad will only be recognisable if it satisfies common law criteria. If a foreign adoption is neither automatically recognised, nor recognisable under the common law, then a domestic adoption order will need to be obtained.

The Vardags team are experienced and infallible. We know what it takes to reach the outcomes that you deserve. We will find the right solicitor on our team for you during your free initial consultation.

Entering into a contract with another party, whether in writing or verbally, constitutes a legally binding agreement in most circumstances. However, verbal contracts can be more difficult to evidence particularly when it comes to enforcing the terms. It is therefore important to gather as much evidence relating to circumstances surrounding the oral agreement as possible to bolster your chances of proving the agreed terms.
Without a written agreement, the court will not know what terms were agreed when the oral contract was made. Therefore, witness evidence and industry practice will be relied upon by the court.

Surrogacy raises complex questions about British nationality and immigration law. UK immigration law applies to those who are resident in the UK, regardless of whether they are British citizens, EEA nationals or permanently resident in the UK. There are various ways a surrogate born child can obtain British nationality and a British passport to include: by birth, by descent, registration as a British citizen, upon the grant of a parental order in certain circumstances.

Vardags have a proven track record in delivering the best results in high-value and complex disputes. Speak to us today and we will find the right member of our team for you.

Under UK Surrogacy law, legal parenthood and parental responsibility for a surrogate born child initially fall on to the surrogate and her spouse. As an intended parent, you must therefore apply for a parental order to reassign this legal status from the surrogate and her spouse to yourself and to extinguish all of the legal status of the surrogate and spouse. This is the bespoke legal solution for surrogacy in the UK.

Fertility add-ons are treatments offered by UK fertility clinics claiming to boost the chances of having a successful pregnancy or baby. They are optional extras that are offered on top of normal fertility treatment and usually at an additional cost. Add-ons are highly controversial because, despite being emerging techniques with little or no proven evidence of success, the use of them in clinical practice has increased exponentially. These can range from £50 for a single screening blood test to as much as £8,000 for egg freezing packages.

Financial services institutions provide safeguards against this financial crime. The FCA itself imposes protective monitoring procedures on banks and professional services firms to manage investment fraud risk, with these industries being especially at risk of receiving/facilitating the proceeds of these crimes. The obligations of these institutions include identifying potential customers, monitoring account activity, reporting suspicious activity to the National Crime Agency, and having robust policies in place to prevent these activities.  

During the process of divorce, one of the elements is the exchange of information relating to finances, known as disclosure. This is done in order to determine what a fair division of the assets will be. However, there are instances where one or both of the parties conceal or misrepresent deliberately the value of their assets. Should it be the case that certain assets are not included during disclosure, it cannot be divided, even if it’s the case that it is later discovered it is likely already be disposed of. These kinds of assets are known as hidden assets and should either party be discovered to be hiding assets, the court will take serious action against them. 

To be able to adopt a child from abroad you need to be eligible to adopt from both within the UK and from the chosen overseas country. Adoption laws can differ significantly between counties, which means that whilst you may be eligible to adopt from one country, you might not be able to adopt from another. If you live in the UK, not all countries will be available for you to adopt from, either because a country does not allow international adoption, or because the UK restricts adoption from a country.

Whether an individual will be subjected to bail will first depend on how the matter reached the Magistrate Court. If the individual was summoned to court, there is no obligation upon the court to impose bail and the court may decide to arrange simply for the individual’s attendance at any further court hearings without imposing bail at all. Where a person appears at the Magistrate Court following charge at the police station however, the court must remand that person. The Court may remand on bail or in custody.

Once an investigation commences, the police are obliged to pursue all lines of enquiry whether they point towards guilt or towards the innocence of the person under investigation. The nature of the investigation and the particular lines of enquiry pursued will of course depend on the type of matter being investigated. Investigating officers do enjoy far reaching powers to assist them in their investigation. However there are extensive checks and measures on these powers, which serve to safeguard the rights of the accused individual.
At Vardags our legal experts will critically examine the conduct of investigating officers and will be quick to make robust representations against any conduct we consider unlawful either because it is outside the officers powers or because it becomes oppressive and disproportionate to the crime under investigation.

Divorce is often an emotionally intense period and can be one of the most challenging experiences in a person’s life. The process can become particularly complicated if you and your spouse are not in agreement, which can cause additional delay. Overall, the timeline...

The best divorce lawyers at Vardags can provide an accurate time frame during your free initial consultation.

Timeframes for a divorce differ. Rest assured that your Vardags solicitor will be able to provide a likely timeframe to you during your consultation.

The overall length of court proceedings will partly depend upon the nature of the offence which will in turn determine whether the matter will be heard in a Magistrates’ Court or Crown Court.

If a matter at the Crown Court is to be contested at trial, it might take anything from a matter of months to in excess of 12 months to conclude whereas you are unlikely to wait longer than a couple of months for a trial in the Magistrates’ Court. Crown Court cases usually involve more complex evidence and there are often a greater number of legal issues which must be resolved before trial. The trial itself will be heard before a jury and will therefore be a slower and more drawn out affair and which in turn affects court room availability and waiting times.

Fees will vary from case to case. Rest assured that your Vardags solicitor will provide a cost breakdown during your initial consultation.

Around 80,000 divorces were granted in England and Wales in 2022, a c. 30% decline from 2021¹. This marked reduction in divorce rates is the consequence of a number of intersecting variables (including the “no-fault divorce” laws which came into action in April 2022. But, undoubtedly, the cost of a divorce within an increasingly difficult economic context is changing the decisions of thousands of couples.

Vardags is equipped to respond swiftly. Clients can count on timely correspondence and fast action when required. Our team is used to managing pressure and providing support when it's needed the most.

There is a common misconception that a “quickie” divorce is possible in this country. Divorcing couples should also be careful about the exaggerated claims made by companies offering fast DIY divorces. However, even uncontested and uncomplicated divorces will take at least four to six months to finalise. The exact length of time depends on various factors and the particular circumstances of the case.

Should any disputes arise either with the tax authorities or between beneficiaries in relation to the payment of tax, legal advice should be taken at the earliest possible opportunity in such matters, as delays in making tax payments can result in penalties being imposed on an estate.

Most hearings are open to the public, and therefore the press are free to attend and report on the hearing. However, any press report must be fair, balanced, and accurate. If the press are mis-reporting the outcome of a hearing it is important to push back and have it corrected, before that mis-information becomes part of the narrative and is repeated elsewhere.

If you believe the other side is leaking false information to the media it is important to act quickly, which would often involve us engaging with the other side and the media to have untrue allegations corrected.

It is important to put your best case forward from the start. Your company will be bound by the contents of its defence and the position it has taken in response to the claim which has been issued. Contradictions further down the line could damage credibility and ultimately result in losing the claim against your organisation. We can help you get the ET3 right.

Your case may be document heavy and we can work with you to organise and list your documentation to ensure that document disclosure is an efficient and streamlined process.

Key decisions will need to be taken as to whether documents are relevant and you should also be alert to not disclosing privileged documents containing legal advice.

Document disclosure will require you to disclose all documents which are relevant to the issues in the case whether they are helpful or harmful.

Employment cases are won and lost on witness evidence.

The evidence of the company’s witnesses must be their version of events. We can add value by ensuring that witness statements are well drafted, comprehensive, and clear.

We can also arrange witness familiarisation sessions for our client in advance of Employment Tribunal hearings.

If a person meets the required criteria, they can file for divorce if their marriage has irretrievably broken down. Following the introduction of no-fault divorce in April 2022, there is no requirement to show fault or blame.

We know which barristers work best on our cases when it comes to representation at Employment Tribunals. Choosing a barrister is a key decision and we recognise that different barristers will suit different cases and clients.

Whether the child you have adopted from abroad will be recognised as legally yours in the UK depends on various factors. For example, if you adopt a child from a country that is a signatory to the Hague Convention 1993 through a Convention Adoption, then that adoption will be recognised in all 76 Hague Convention countries. An adoption that is classed as an ‘overseas’ adoption, and recognised as a full adoption in the UK may be registered in the Adopted Children Register.

Performance management is an essential part of making sure that the people side of your business is at the top of its game.

Proactivity in managing performance is key. Too often performance concerns are left to drift which in most cases only leads to more difficulties further down the line.

New employers have limited ability to amend the terms and conditions of an employment contract for an employee whose employment has transferred under TUPE.

It is sensible to seek legal advice before attempting to make any variations to employment terms to harmonise contracts in a post TUPE workplace.

When an employee informs you that they wish to leave your company or make a grievance or bring a claim it may be better to negotiate a managed exit. Alternatively, a company may decide that the best way forward is to have a without prejudice conversation about an exit as things are just not working out, for whatever reason.

There will often be a number of discussions leading to the agreement of an exit package for an employee. Our highly experienced team are able to assist you in making these conversations as productive as possible whilst protecting your business interests. We can help you with scripts and e-mails to ensure your paper trail is well ordered and protects your company’s position.

There are many proactive steps that can be taken to promote claim avoidance. Training for managers can be invaluable so that managers can spot the warning signs of employment law issues at the earliest possible stage. Where managers understand the importance of involving Human Resources teams quickly, claim avoidance can be achieved.

Being alert to employment issues before they escalate is the key. If an employee appears to be disgruntled, you may wish to take the initiative of investigating the matter and going down a grievance route with a view to resolving matters early.

The first you may know about a potential employment claim against your company is that an employee or former employee has made an early conciliation notification to ACAS. This would then trigger contact from ACAS to your company.
You are not obliged to take part in early conciliation with ACAS.

Under English law a will must be in writing and signed by the person creating the will in front of two witnesses, all present at the same time. There must be no doubt as to what your intentions are, so the will must be very carefully drafted to ensure that it will be valid and stand up to any claims.

On hearing that you may be the subject of a police investigation, it is natural to want to find out as much information as you can. There may be a temptation to speak directly with the police to clear your name or clear any misunderstanding you feel has arisen. We strongly advise however that you do not attempt to speak to either the police or anyone else you think might be involved in the investigation before seeking legal advice.

Any communication with the police especially at the outset of an investigation should be approached in a delicate and sensitive way. We are able to judge how best to approach the police having had years of experience in engaging with investigating authorities. We will discuss with you the pros and cons of contacting the police in any given situation. We will pursue any enquiries in a tactful manner and where it is clear that investigations have commenced, we will do our best to ensure that where possible any action taken by the police is done with the minimum disruption to your personal and professional life.

We can provide a second opinion without your current solicitors finding out. If you like what you hear and would like to switch, we can manage the entire process for you.

A company is deemed insolvent if they cannot pay their debts as they fall due. If you suspect that a customer or client may be unable to pay sums owing to you, Vardags can assist.

When a client or customer goes into administration or is subject to insolvency proceedings you may be concerned about your ability to recover money owed to your business.

Vardags advises companies on all aspects of insolvency whether you are looking for advice on recovering money from an insolvent company or advice on your obligations under an agreement where the other party look to be/are insolvent.

If your business is owed money by an insolvent entity then you will understandably be concerned about recovery of that money. Vardags can advise on the procedure and commercial reality of recovering funds from insolvent entities.

It is important to seek legal advice as soon as a winding-up petitions is served on your business. Vardags can assist you with working out a commercially viable strategy for your business to deal with the insolvency proceedings.

Vardags can advise businesses in relation to injunctions restraining the advertisement of proceedings, defending proceedings and/or negotiating with the creditor(s) to withdraw or dismiss the petition.

In today’s world, it is not unusual for businesses to contract with international parties domiciled outside of the UK, particularly in relation to the provision of goods (importing and exporting) and outsourced services.

Where a dispute arises, the key is to check for governing law and jurisdiction provisions within the agreement. Vardags advises clients on a variety of cross-border contractual disputes where the agreements are governed by the laws of England and Wales. In cases where governing law is not expressly stated, Vardags can advise on the application of relevant international regulations like Regulation 593/2008 on the law applicable to contractual obligations (Rome I).

Entering into a contract with another party, whether in writing or verbally, constitutes a legally binding agreement in most circumstances. If one party to the agreement fails to meet their responsibilities in accordance with the agreement, this could result in a breach of contract.

Vardags can assist companies dealing with a breach of contract or companies accused of breaching a contract. In any instance, the first step will be to check whether the breach is capable of being remedied and whether the contract allows for this. Vardags are conscious that on some occasions, commercial relationships are equally as important as the contract itself so will work to preserve those relations whilst protecting your company’s position.

In instances where a breach cannot be remedied, Vardags can assist in bringing or defending court actions for breach of contract. Vardags will assess the merits of your case and advise on the most suitable course of action to protect your business.

If you fail to meet your responsibilities as a director (as outlined in the Companies Act 2006), then you could be disqualified from acting as a director. Disqualification can occur when a director is deemed ‘unfit’ to fulfil his duties in that role. Various organisations can apply to disqualify a director; these include the Insolvency Service and the courts.

If you are facing director disqualification proceedings, Vardags can assist. We advise individuals and company boards alike on the implication of disqualification proceedings and defending proceedings.

Misrepresentation occurs when one party induces another party to enter into an agreement based on an untrue statement of fact or law. Misrepresentation can be fraudulent, negligent or innocent whether given by written or oral statement.

Vardags assists companies with all areas surrounding misrepresentation. Vardags can advise you on ways to limit your liability for misrepresentation, can assist you with bringing a claim for misrepresentation or defending allegations/proceedings for misrepresentation. Vardags can also advise you on the remedies available under the various elements of misrepresentation.

A business is insolvent if it has insufficient assets to discharge its debts and liabilities. Trading whilst insolvent can lead to allegations of wrongful trading against its directors. Vardags can advise businesses of the consequences of trading insolvent and the options available to businesses to deal with corporate insolvency, including options which would allow the business to avoid closure.

All directors owe their company duties under the Companies Act 2006. These include, but are not limited to, the duty to exercise reasonable care, skill and diligence and promote the success of the company.

If your company or board are taking action against you for breach of your fiduciary duties, you will need fast and pragmatic advice. Vardags can assist you either in an advisory capacity or in any proceedings under the Director Disqualification Act.

Your employer, whether they are the buyer, seller or intending to merge in a M&A transaction owes duties to their employees under employment law, including TUPE provisions.

Vardags can provide expert advice in relation to your employment rights whether our advice is required before, during or after a merger of acquisition.

If a company goes into insolvent liquidation or insolvent administration and the director(s) ought to have known that there was no prospect of avoiding the insolvency, the director could be made liable to contribute to the assets of the company. This is known as a director’s personal liability for wrongful trading.

Alternatively, if it appears that business has carried on with the intent to defraud creditors, then liability could arise for fraudulent trading. Directors are not the only people who could be liable for fraudulent trading, anybody who is a party to the business carrying on trading with the intention to defraud creditor could be liable too. For fraudulent trading, the court may order the accused party to contribute towards the creditor’s pool of assets available for distribution.
Vardags can advise on director(s) liability for wrongful trading and fraudulent trading and advise on applications made by an administrator against them.

If you are worried that your opponent is about to get rid of valuable property or money so that you cannot get justice, you can apply to court to stop this happening. If the court considers that you have a good, arguable case, it may grant you a freezing injunction. This is an interim order that ‘freezes’ your opponent’s assets so that they cannot dispose of or use them until the main dispute is resolved. ‘Assets’ can include bank accounts, land, motor vehicles, shares, bonds and other financial instruments. If it is money you are concerned about, copies of the injunction can be sent to your opponent’s bank so that they can only withdraw such funds as are needed to cover reasonable living expenses.

Unsurprisingly, disputes relating to the running of joint ventures are commonplace particularly when parties have differing views on the direction the business should be going. However, minor disagreements can lead to serious disputes between the management, partners and/or shareholders if left unresolved.

Vardags can advise you and your business on how to deal with conflicting management ideas and how to avoid matters becoming contentious and leading to litigation between the parties.

Vardags can advise on all aspects of director/partner exits relating to joint venture agreements from post termination restrictions, breach of confidentiality to rights and continuing rights under any partnership/shareholder/joint venture agreement.

Parties’ obligations are usually clearly agreed and set out in joint venture agreements. Where one party does not pull their weight, this can cause a strain on the joint venture and the parties’ commercial relationship.

A party’s conduct or indeed lack of participation in a joint venture scenario may constitute a breach of the joint venture agreement itself. Vardags can assist companies dealing with a breach of a joint venture agreement or companies accused of breaching the terms of a joint venture agreement. In any instance, the first step will be to check whether the breach is capable of being remedied and whether the agreement allows for this. Vardags are conscious that on some occasions, commercial relations are equally as important as the agreement itself so will work to preserve those relations whilst protecting your company’s position.

In instances where a breach cannot be remedied, Vardags can assist in bringing or defending court actions for breach of joint venture agreements. Vardags will assess the merits of your case and advise on the most suitable course of action to protect your business and the venture as necessary.

We often receive enquiries from people contacting us on behalf of someone else, often personal assistants, children, new partners, and parents.

If you are a high-profile or high-net-worth individual, defamation can pose a serious threat to your personal and professional life. When the stakes are so high, it is vital that the issue is handled correctly.

Even when defamatory allegations emanate from an anonymous individual or online account, there are actions that can be taken to protect your reputation.

We regularly instruct private investigators and cyber experts who can work to uncover the identity of an anonymous attacker. There are also legal options available for uncovering the identity of anonymous online users. In some circumstances it is possible to obtain an order from the Court requiring that an Internet Service Provider (ISP) or website host disclose the identity of the anonymous user.

Under the Companies Act, shareholders are entitled to receive a number of company documents including the company’s annual accounts and director’s report within a set period of time.

If you would like advice in relation to your right to access company documents in your capacity as shareholder, the time frames for the company to provide the same and the consequences of the company withholding this information, Vardags can assist.

The law protects you from being made redundant because of or in connection with a TUPE transfer. We can support you if you are facing dismissal at the time of a TUPE transfer or after the transfer has taken place.

In certain circumstances, a shareholder in their own name or on behalf of the company can bring a claim against a director and/or third party for wrongs committed against the company.

Vardags can advise you on your rights as a shareholder, including whether an unfair prejudice petition or winding up petition should be considered in the circumstances.

Gender pay gap reporting has highlighted the discrepancies in male and female pay across many organisations and has opened a serious debate.

Whilst a gender pay gap does not in itself demonstrate unequal pay it may be the starting point to investigate any pay inequalities and discrimination.

We have significant experience in advising on equal pay claims and a strong track record of success in obtaining court orders requiring transparency of pay in the most difficult of circumstances, particularly in the financial services sector.

Once the investigating officers have exhausted all lines of enquiry, they will hand over any evidence gathered to a reviewing officer and often to a lawyer at the Crown Prosecution Service who will then consider the evidence and decide whether or not to charge the individual with one or more offences.

Vardags will work tirelessly to ensure that wherever possible a matter does not progress to charge. There are a number of alternative options available to the police to dispose of a matter. Where our client’s instructions would make it appropriate, we will engage with the police to ensure wherever possible that even where the evidential test has been passed, the matter is concluded by one of the alternative methods of disposal.

Whether it is due to a downturn in your business, ill-health or retirement, you might find that the maintenance payments are taking a disproportionate amount of your income. If that is the case, you can ask the court for a downward variation of the child maintenance which you pay.

The TUPE legislation is designed to protect the interests of employees on a transfer of their employment. However, this does not always reflect the reality of the situation when an employee does not wish to transfer to a new employer as a result of TUPE.

You do not have to transfer to the new employer. You have the option to object to the transfer. However, this could leave you in a worse position if not handled properly where you lose all of your rights. A more strategic challenge to a TUPE transfer could improve your position in terms of a severance package. We can provide advice on this.

In many countries, a couple can divorce with little or no financial support being given to the poorer party. Sometimes, you might not even know about the divorce until it has already been finalised. That does not prevent you from seeking the support of the English courts. Under Part III of the Matrimonial and Family Proceedings Act, the English court can make a financial award for where there was “no, or no adequate” provision in overseas proceedings.

Sometimes a wealthy parent can be joined to divorce proceedings, for example if they have a history of making large payments to their child, or if they are likely to be the one who meets the order.

If this happens to you, you will want to protect your wealth and minimise the amount you might have to pay to your child’s spouse. The involvement of third parties is very fact specific, but as experienced family lawyers, Vardags will help you minimise the cost of your involvement.

With no fault divorce in force since April 2022, it is now very difficult to dispute a divorce application.

It can be daunting when a senior employee leaves an organisation, not only because of the loss to the business but the potential confidential information they hold by virtue of their seniority.

Vardags can advise on all aspects of director/partner exits from their post termination restrictions, breach of confidentiality to their rights and continuing obligations under any partnership/shareholder agreement.

Typically, partnership agreements will contain provisions for departing partners restricting them from poaching clients and employees of the firm, dealing with clients of the firm and soliciting clients of the firm. Despite such provisions, there is always a risk that a departing partner may act in breach of these express provisions.

If there is a breach of post-termination restrictions, Vardags can assist. Vardags will review the restrictions in the first instance to ensure their enforceability. Vardags will then advise you on the appropriate action to take against the former partner, whether this be by written correspondence, court action or injunctive proceedings. Vardags will discuss all options and scenarios with you in order to agree the most appropriate course of action for your business.

When it comes to parties seeking a divorce, it is not uncommon for one party to be unaware of the true extent of their joint finances, that of their spouse or indeed their own. This is often the result of one spouse in the relationship controlling the finances in their entirety. However, while this may work when the couple are together, when the relationship ends, the party that is unaware of the marital finances may feel vulnerable and anxious, unsure as to whether they will receive a fair share of the couple's assets.

If your ex opposes your plan to move abroad with your children, there are numerous strategies that can be deployed to overcome their opposition.

While the court will be unable to stop you from relocating, it’s primary concern will be whether it is in your children’s best interests to do so, and whether there is an appropriate strategy in place for the children to maintain regular contact with the other parent.

If you are named as the person that a child lives with under a child arrangements order you may take your children on holiday abroad for up to 28 days without requiring permission from your ex. However, if there is no order in place or you wish to take your child out of the country for longer, you will require their written consent.

There is no international harmonisation of law, policy and practice. Some countries will not provide fertility treatment or surrogacy to same-sex couples and single women. Some countries do not allow fertility treatment with donor eggs or sperm. Furthermore, law and policy on surrogacy differs widely, with some jurisdictions prohibiting it whilst others enable it on a commercial or altruistic basis.

If you have an international lifestyle, being able to move around freely with your adopted child will be a high priority. Whether you have legal parental status internationally will depend on whether the adoption order you hold is recognisable in the countries you will reside in.

With our international expertise we can offer you specialist legal advice as to the potential issues you may face in different jurisdictions, and how to overcome them. As many of our clients have international lifestyles, we experienced at dealing with the legal complexities arising from the application of UK law internationally.

There are no international agreements governing surrogacy arrangements. This creates international conflicts of law and a legal patchwork effect around the world which can be compounded when intended parents and families formed through surrogacy have an international lifestyle or multi-jurisdictional aspects to their personal and/or professional situations.

English law applies its own law on surrogacy and does not automatically recognize foreign parentage orders or foreign birth certificates naming intended parents as the parents of their surrogate born children. This can make a surrogate born child ‘stateless and parentless’ without recognised legal parents and status in a country.

Unlike many other countries, England allows people to apply for financial remedies even if they are already divorced in another country. Often spouses will use this power, Part III of the Matrimonial and Family Proceedings Act, to try to re-open the case and get more money.

Part III applications are complicated, and they should not be seen as a simple chance to get a second go. It is only available where “no, or no adequate provision” has been made and is likely to be largely limited to what your spouse reasonably needs. That said, the court has a broad discretion in the award it makes.

If you are ordered to make payments by the court, deliberate failure so to do will be considered contempt. Disobeying orders is taken very seriously by the courts and can result in fines and even imprisonment. If you are genuinely unable to make the payments required by the award, you will need legal advice to address this before arrears mount up.

If the order to which you are subject has been made very recently, it may be possible to appeal. If the judge has made a mistake about the law or facts in your case, then it may be possible to apply to the court to reassess what you are required to pay.

If you carry on sharing a house with your spouse during a divorce, they must treat you with respect and not make life more difficult for you. They cannot restrict your financial freedom, nor can they harass you or pressure you psychologically.

A police interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence, and it forms a key component of any investigation.

The right approach will depend on the specific circumstances of the case, such as its size and complexity, the extent to which the police have disclosed evidence supporting the allegation, and how far the evidence requires an answer. We will actively intervene on behalf of our client to prevent an interview where we do not believe it is justified.

Sometimes a spouse will argue that a marriage was not valid, and so there can be no divorce. If your wedding was in England, this will generally be easy to assess as English law lays down strict licencing requirements for wedding venues. In other countries, for example with Islamic marriages, things can be far more complicated. Generally if you can demonstrate that your marriage was registered with the local authorities, the English court will accept it as valid, allowing you to proceed with a divorce.

When you begin divorce proceedings, it is natural to worry about how your spouse might react. From the outset of proceedings, they are under a duty to maintain the status quo – including giving you the same access to money to meet your day-to-day expenses.

Your spouse might try to stop you getting your fair share by giving assets away – transferring them to business associate or family members – or by putting them into trust. In doing this they will try to reduce the amount of money available to meet your claim. Vardags are used to such tricks and can help you protect yourself from them.

If you have evidence that your spouse is going to dissipate their assets, either by spending them or moving them to other people or other countries, it is possible to obtain a freezing order. These orders freeze your spouse’s assets, allowing them access to no more than they need for their ordinary living expenses. This prevents them from making any major transactions and putting their assets beyond your reach.

It is not uncommon for spouses to want to relocate when the marriage is ending. As a newly-single parent you may need to move closer to your work or nearer to the support of your family.

If you want to move your children abroad, and the other parent does not agree, you will need the permission of the court, so called “leave to remove”.

If your spouse has stopped supporting and you are struggling to meet your daily expenses, Vardags can help.

It is possible to apply to the court for your spouse to provide you with interim maintenance, also known as maintenance pending suit. Here the court will look at your short term income needs and will order your spouse to make payments to meet them. If such an application is required, your spouse might also be ordered to pay your legal costs relating to it.

High value divorces can lead to expensive litigation, but you should not be squeezed out of getting your fair share because you do not have the money to pay your fees. Though family lawyers are not allowed to work on a “no win, no fee” basis, we can often find away to keep your case going.

A child adopted from a country that is signatory to the Hague Convention 1993 through what is known as a ‘Convention Adoption’ will automatically acquire British nationality. However, a child adopted via adoption that is classed as ‘overseas’ will not. In the latter scenario, you will need to have a clear immigration plan in place. Conversely, a foreign child adopted in the UK through the domestic adoption process will acquire British nationality as part of that process.

Dismissing regulated employees raises a host of additional considerations above and beyond a ‘standard’ dismissal. As regulated employees are required to meet the standards set out by the Financial Conduct Authority (FCA) to show they are ‘fit and proper’, the FCA needs a full explanation from you as to why the employment has terminated.

Enforcement of disclosure or obtaining evidence is not the aim of these orders. Their sole purpose is preservation of relevant information or property. They are used to ensure that relevant information or property is available and not destroyed.

There are a number of significant moments during the course of criminal proceedings in which decisive intervention can be made to halt proceedings on the basis that there is insufficient evidence.

There is opportunity to make representations to this effect prior to any decision to charge, and at both the Magistrates’ and Crown Court. Once the matter progresses to the trial itself it is still open to the defence to make an application that there is no case to answer.

It is remarkable how often we are approached by clients who are unhappy with their current solicitors or would like a second opinion. Often they have initially selected local solicitors without the requisite experience of complex cases, have a personality clash with their solicitor, or have been palmed off on junior staff without justification.

We can give a second opinion without your current solicitors finding out. If you ultimately like what you hear and would like to switch, we can handle the whole process for you and you don’t even need to speak with your current solicitors.

When your relationship is in its early stages with a new partner, it can raise complex issues about legal status, day-to-day arrangements, and care of your existing or future born child. It is important to consider a number of questions with regard to legal parental autonomy, legal parenthood and parental responsibility, as well as financial and emotional issues. In addition, you should undertake a legal risk analysis as well as other proactive steps to ensure a strong legal basis for the future.

When an entrepreneur gets divorced, their spouse can sometimes try to get their company joined to proceedings. In doing so, they might be trying to extract cash from the business or dispute how it is owned and held. If you find yourself in this situation, you may well want to make representations to the court.

Vardags, with our corporate understanding and family law expertise, are well placed to advise you. Our in-house forensic accountancy team can help you produce realistic arguments about the value, ownership, and liquidity of the business, whilst understanding the aims and procedure of the family courts.

Receiving a request for your child to attend a police interview can be highly distressing. In such a scenario, it is crucial that you seek out the best legal representation immediately. Police interviews are a key part of any investigation and must be treated accordingly.

Having a specialist criminal lawyer represent your child from the start of proceedings will allow them to assess the facts of the case and determine the likely outcomes so that they can give advice in relation to all eventualities. It is always advisable that anyone being interviewed by the police to be accompanied by legal representation who can give them expert advice and guide them on each stage of the process. This is particularly the case with children, who are more likely to be overwhelmed by the process.

When you divorce, any maintenance order will be based one what you are earning at the time. For whatever reason, you might not always be earning at that level.

Whether it is due to a downturn in your business, ill-health or retirement, you might find that the maintenance payments are taking a disproportionate amount of your income. If that is the case, you can ask the court for a downward variation of your maintenance.

Given what is at stake in a criminal trial nothing can be left to chance and an individual facing trial must be assured that their lawyers are working tirelessly to both strengthen the defence case and exploit any weaknesses in the Crown’s evidence and by doing so afford them the best chance of acquittal.
If you are dissatisfied with your current lawyer, it is never too late to move to Vardags. We are experienced at taking over cases from other firms. Our innovative approach to the law can often get results which other firms cannot.

Your divorce is likely to impact upon your finances for the rest of your life. It is vital that you have a legal team who can trust to deal with your case effectively. If you are unhappy with your legal team, it is very easy to change to new solicitors, only requiring you to lodge a Notice of Change with the court.

Whilst there are perfectly innocent reasons why your ex might not yet have returned with your children from Britain, it could also be a real cause for concern. In the first instance, it will be necessary to contact your ex, the hotel or the last place they were known to be and any family or friends who might know of their whereabouts.

If your partner is breaking an existing order, there are numerous ways of enforcing it. The court can divert a portion of their salary directly to you (garnishee order), give you a charge over property or shares or even transfer bank accounts over to you. If your partner willfully and deliberately refuses to satisfy an order, this can amount to contempt – the court can fine and even jail them for this.

If you fear violence or are subject to harassment the court can and will protect you, even after your divorce. For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders and occupation orders each giving you comprehensive legal protection.

Non-molestation orders (“non-mols”) are designed to protect your from harassment. Normally, they will prevent your ex-partner from harassing you and threatening you with violence. Sometimes they will bar them from contacting you directly and from going near you.

If you fear violence or are subject to violence or abuse, the court can and will protect you. For victims of domestic abuse (be it physical, verbal, or emotional harm) the court can make two types of order – “non-molestation” orders and “occupation” orders each giving you comprehensive legal protection. Non-molestation orders are supported by criminal sanctions. Breaking one is a criminal offence, and your partner can be arrested immediately if they breach the terms, even if they have committed no other crime. These orders are available whether you have been married to your ex-partner or not.

If you have moved abroad with your children without your ex’s consent, you could be at risk of being accused of child abduction, which is both a criminal and civil offence. There are serious criminal proceedings that could involve you being extradited to be brought before the criminal court of England and Wales.

However, the seriousness of these consequences can be mitigated if you take swift action to contact your ex and resolve the situation. Whatever your reasons for taking your child abroad, the faster you act the less likely the situation will result in onerous orders against you.

If your children live with your ex under a child arrangements order, then your ex may take your children out of England and Wales for up to 28 days without your consent. Where there is no child arrangements order in force, or where your ex wishes to take your child on holiday for longer than a month, they will require your written consent or they will have to obtain permission from the court.

Often couples try to make child arrangements work between themselves, without recourse to the courts. Sadly, this does not always happen successfully, with the resident parent preventing the children from seeing their other parent or limiting contact. If this has happened to you, Vardags can help.

As experienced family lawyers, Vardags can help you establish a regular system of contact with your children either through negotiating with your ex-partner or by applying to the court.

If your ex has increased their own earnings or is cohabiting with a new partner, it may be possible to reduce the amount of maintenance you pay to them. Ongoing maintenance will always be informed by your partner’s needs. If those needs change, or they are able to meet them from other sources, then it may be possible to apply for a downward variation of the payments you make.

If you spouse’s income has increased significantly and you receive ongoing maintenance, you can argue that the amount paid to you could also go up.

This will often be informed by what your income needs are, but the court may even order a surplus above what you need. If your ex has increased their capital wealth substantially, it may be possible to capitalise these payments ending your monthly reliance on your spouse.

The Human Fertilisation and Embryology Authority (HFEA) issues guidance to UK fertility clinics which requires them to ensure you understand the issues and give informed consent to fertility treatment. In order to comply with their licence requirements, UK fertility clinics can therefore require you to obtain specialist fertility, donor conception, surrogacy and family law advice to understand the complex legal issues, implications, and outcomes before offering treatment.

In line with this, Vardags can provide sensitive, experienced, and tailored legal advice on family building law advice for fertility patients in the UK internationally (including family building options, fertility preservation, IVF law, donor conception law, and surrogacy law), and fertility treatment law in the UK (including informed consent to treatment).

Contrary to popular belief, there is no such thing as common law marriage and a former cohabitee has no automatic rights to a share in your property. Sometimes, however, a successful claim can arise under trust and property law.

Schedule 1 of the Children’s Act allows for a parent to seek financial support for their children from the “non-resident” parent. This includes regular payments of child maintenance but can also extend to providing a house for the child and paying other expenses such as school fees.

The decision to charge an individual with a criminal offence is based on a two-fold test. The first stage of the test involves an assessment of the strength of the evidence in the case. If there is sufficient evidence, the police must go on to consider whether a charge would be in the public interest. At this stage consideration will be given to whether the matter can be appropriately dealt with by way of an out of court disposal. In determining whether an out of court disposal is an appropriate alternative to charge the police will consider the nature of the offence, its seriousness, the impact upon the victim, and other factors such as whether the individual has any antecedents.

When a relationship with a parent falls into difficulties or dispute it can create complex legal issues about current and future arrangements for a child, particularly following assisted conception, donor conception, and surrogacy. This can include problems surrounding a child’s legal identity, legal status of the parents and child, acquisition and exercise of parental responsibility for the child, financial provision for the child, and arrangements for the day-to-day care of the child.

We can provide sensitive and specialist legal advice on resolving a family and fertility law issue or dispute with a parent, and arrangements for the care and upbringing of a child including child arrangements order, specific issue order, prohibited steps order, special guardianship, wardship, and adoption.

Relationships between adoptive parents and birth parents can vary. It is important to appreciate what each party is looking for in that relationship: whether it ends when the adoption is finalised, whether it continues through the child’s life, or perhaps neither party wishes for a relationship at all.

Should the relationship become difficult it may be worth considering setting out in writing the expectations of each party. This will help to establish how matters are to progress and reminds each party of their reasons for entering into the adoption.

In the event that the relationship deteriorates significantly, it is essential to seek the assistance of a third party.

If you feel you should have got more from your divorce, it may be possible to appeal your case. A successful appeal may well lead to a higher award or to increased maintenance.

To appeal against a financial order, you will need to show that the judge was wrong in the way the final decision was reached. As experienced family lawyers, the legal team at Vardags will help you prepare your case for appeal. We will review the initial judgment and advise you whether it is possible to appeal. The dynamic approach our lawyers take meant that we are used to challenging judgments and working to change the law – we will help you put forward innovative arguments in support of your appeal.

The law aims to provide “equality of arms”, ensuring the less financially secure party can access comparable legal representation. Furthermore, the financially stronger spouse can be ordered to make ongoing short term financial provision.

Starting divorce proceedings can be frightening as well as full of uncertainty; however, as leading family lawyers, Vardags can guide you through the first steps. Being excluded from the family home is a common worry that many have.

Under law, a spouse’s rights include remaining living at the family home even if it is owned in their partner’s sole name. This is because of a principle called “home rights”, which also, when properly registered, prevents your spouse from selling the property from under you or from kicking you out.

As experienced family lawyers, Vardags have experience in helping people protect their home rights, helping you remain in the family home.

All parties in a divorce are under a duty to provide “full and frank” disclosure. This means that they have to tell you about all their assets and income. Unfortunately, some wealthy spouses think that they can hide their assets – placing them under the control of companies, or moving them offshore.

Vardags are very experienced in these types of cases. Our in house forensic accountancy team can search for assets across the globe, and are experienced at understanding and unravelling complicated corporate structures.

Divorcing is not easy. It can be even harder if your partner is sharing details with the press. Seeing stories about yourself can be highly upsetting, especially if they are only showing one side of the story – and even worse if that side is not true. Vardags are used to working with clients who are in the public eye and managing the publicity surrounding divorce.

Following the landmark decisions of Sharland v Sharland and Gohil v Gohil, it is now much easier to re-open your case if you think your partner lied during divorce proceedings. Fraudulent non-disclosure, i.e. hiding assets and lying about your wealth, can now lead to a new settlement, no matter how much time has passed. It will be up to your partner to show that their lies were not relevant to the outcome.

Since the Supreme Court decisions of Sharland v Sharland and Gohil v Gohil, the court has greater ability to re-open cases if there has been fraudulent non-disclosure. This has led to an increasing number of spouses trying to have their cases brought back to court.

Often, this can be unmerited, born out of their feeling they got a bad deal, rather than actual evidence of asset hiding. Even so, an appeal can be a costly and time consuming process with you having to go to court to fight the allegations.

Vardags are experienced with cases such as this, and will help you demonstrate that the original outcome was the right one. We will help you demonstrate that your previous disclosure was full and frank and that any omissions were honest mistakes and not attempts to deceive the court.

Under section 37 of the Matrimonial Causes Act, a transfer of property can be set aside if the court is satisfied that it was done to frustrate a matrimonial claim. If you have received property from a parent, it is possible that, on divorce, the other parent or step-parent might try to set it aside.

A police caution may be awarded in the less serious sorts of criminal cases as an alternative to charge. A person who receives a police caution for an offence does not have to attend court and will therefore avoid the time, expense, and disruption of court proceedings. They will also avoid the risk of receiving a conviction for an offence.

However, whilst it is clearly a less serious sanction than a criminal conviction, it must be understood that a caution is still a serious matter in its own right. It will remain on the police national computer and should you work within a number of limited occupations you might be obliged to disclose the fact of the caution to a potential employer. Furthermore, certain countries will require an individual to disclose a caution for the purposes of travel and visa applications.

Given the complexity of the law around cautions and the potential impact on an individual’s reputation, it is essential that a person seeks legal advice before accepting one.

We often hear from our clients that they wish they had taken advice earlier. They have been reluctant to speak with lawyers while making up their mind about whether to get divorced, to increase access to their children, or to prevent escalating domestic abuse.

If you are currently making child support payments, this obligation will continue even after your ex moves abroad with your children. Child support will continue to be enforceable in the courts of England and Wales and in over 100 countries with reciprocal arrangements.

Surrogacy is a legal but restricted practice in the UK. Surrogacy contracts are not legally enforceable in the UK and arrangements are based on trust and goodwill. Some foreign countries ban surrogacy and others permit it on a commercial basis with legally enforceable surrogacy contracts. The legal issues and process differ depending upon whether you enter into an altruistic UK surrogacy or a commercial surrogacy overseas.

We can discuss options with you and provide sensitive, experienced and bespoke legal advice and assistance on family building law advice for those considering or embarking upon a surrogacy arrangement with assisted conception in the UK or abroad. We can also advise on how to navigate a safe path home after the bird of a surrogate child overseas, how to apply for a parental order for a surrogacy born child, and what to do in the absence of a parental order.

How a person responds to questions in interview may have a profound impact on the course of that investigation and any subsequent charging decision.

Therefore, no matter how informal and friendly the police may sound over the phone, you should waste no time in seeking legal advice.

Some of our clients tackle their problems head on. Others sit back and wait for their spouse to take the first step.

In our view waiting is almost always a mistake. In some cases, the cost of delay can be enormous. Waiting may risk the client’s spouse issuing proceedings in another jurisdiction and this can have enormous consequences for the ultimate outcome of the case (for instance, as you might imagine some countries are far less generous to the financially weaker party than the UK).

If you become aware of someone using your original work in theirs and they are publishing it as though it is their own without your permission, then they may have infringed on your copyright. Their work must be substantially different to yours or they run the risk of interfering with your rights. It is acceptable to use the work of others as inspiration, but if part or the whole of their work is substantially copied from your original work, your rights are likely to have been breached.

There is a fine line with copyright law which means infringements are not always clear at first. If you have used facts in your original work which are widely available in the public domain, someone simply using these same facts will not have infringed your copyright. Likewise, copyright law only protects the expression of ideas, so relatively simple and abstract ideas that are quite general will not be protected. Your original expression of an idea, however, will be.

If your original work has been copied without your permission, or you have been accused of using someone else’s original work without their permission, the team at Vardags will be able to provide you with detailed advice on whether a copyright has been infringed and the best course of action to take forward to protect your position.

Following the introduction of ‘no-fault’ divorce in April 2022 through the Divorce, Dissolution and Separation Act 2020, the terminology of the two key documents which are issued as part of the divorce process was updated - ‘decree nisi’...

No company is above the law. Employers are taking complaints about sexual harassment more seriously in the post #metoo era. Concerns about publicity and reputational damage for companies where sexual harassment is tolerated is real.

Harassment by colleagues in the course of employment is treated as also having been done by the employer. Often claims are brought against the employer and a named individual who has harassed another.

In this situation, employers need to show that they took all reasonable steps to prevent the harassment.

Bad leavers can present a real threat to a company’s reputation if they have access to confidential information that they could leak, or material for blackmail.

Nevertheless, it is possible to take legal action to avoid potential fallout. Information leaks can fall within the remit of data protection law and the law of confidence. You can also protect yourself by enforcing existing contractual terms by, for example, securing emergency injunctions.

Smear campaigns can have a devastating effect on the reputation and finances of successful companies and their executives. Defamation and conspiracy laws exist to protect businesses from such damaging accusations.

We can create a bespoke strategy to handle co-ordinated attacks on your business’s reputation, collaborating with your existing legal, financial and PR team to manage the issue on all fronts. We regularly engage with publishers, including national press and social media, to seek removal of defamatory allegations, and correction and rectification of inaccurate data. We can also help you uncover evidence as to who is behind the campaign.

In the event that you and your partner are in the process of adopting a child from overseas, but you are concerned about your relationship and the effect of any possible separation on that adoption, it is important to be aware of your options.

Where an adoption has not yet been finalised, a divorce by the prospective adoptive parents may affect the finalisation of the adoption. If the birth parents’ rights have not yet been terminated, there is a risk that they might object to their child being adopted by a single parent, or by a couple in dispute. If their parental rights have been terminated, it is the court who will consider the impact of a divorce on the adoption, and who will have final approval.

There are only a small number of reasons an employer can put forward to justify a fair dismissal which complies with unfair dismissal law.

A fair reason could be poor performance, misconduct or redundancy for example.

It may be more appropriate to raise the matter with the Human Resources department or at a senior level of management where the complaint is about a line manager.

Search orders, also known as search and seizure orders and Anton Piller orders, are a form of interim mandatory injunction.

Whilst we can take a tough approach to our cases where needed, we also understand the benefits of mediation to resolve issues. The upsides of mediation are clear in terms of saving time, cost and preserving important working relationships or guarding against reputational damage.

Costs will vary from case to case. Your Vardags solicitor will be able to provide a clearer cost breakdown during your consultation.

There are a number of ways to donate eggs including: to a donor egg bank, to a female relative, friend, contact or as a straight surrogate (who donates her own egg as well as carries the pregnancy). We know that, as an egg donor, you are entering into an intricate and emotional situation. In a number of cases there are added layers of complexity, for example, where you are a known donor, engaging in an egg-swapping arrangement as a same-sex couple, or where there is an inter-family donation.

The law surrounding sperm donation is complex in the UK and can apply differently depending on a number of different factors, such as whether the woman who is conceiving is single, married, or in a civil partnership at the point of conception, whether conception takes place artificially or via sexual intercourse, whether conception takes place at a UK clinic or by private arrangement, who is named on the child’s birth certificate, and whether as a donor you will have an established relationship with the child.

Conception with donor eggs creates a range of medical, legal, emotional, financial and practical issues which require careful consideration. Specialist legal advice is an important safeguard in the fertility treatment and family building process. We can provide bespoke and comprehensive legal advice on all egg donation law, in the UK and internationally, including where your personal circumstances are complicated (including egg swapping as a same-sex couple, relationship difficulties or breakdown, change of circumstances and international aspects). We can also prepare a ‘family proof’ will following egg donation.

Donor sperm can be used to conceive in various ways, including at a UK fertility clinic, by private arrangement or at a fertility clinic overseas.

The law is complex and can apply differently depending upon your relationship status (whether you are single, married or in a civil partnership at the point of conception), how you conceive (artificial inception or sexual intercourse), where you conceive (at a clinic or at home), and who is named on the child’s birth certificate.

One of the more complicated aspects of settlement agreements often centre around which payments are taxable and which payments can be made tax free. The £30,000 tax free concession applies to payments made by way of compensation. Contractual payments such as payment in lieu of notice should not be paid tax free and the treatment of notice should be clear from the settlement document to avoid issues further down the line.

Because these orders are so intrusive, the courts have a high threshold before they will grant such as order without giving the respondent notice. The claimant has to show the following apply:
•    They have an extremely strong prima facie case
•    The actions of the respondent have caused very serious damage to the actual or potential interests of the claimant
•    They have clear evidence that the respondent possesses the incriminating documents or items and that there is also a real possibility that the respondent will destroy or dispose of these items if notice was given
If the above conditions are satisfied, then the court has to determine whether the harm that will be caused by the execution of order is disproportionate or excessive in relation to preserving the material. If it decides that this is the case, then it will not grant the order. 

It is possible to apply for an injunction once court proceedings have commenced or before they have started in cases where it is in the interest of justice to do so, for example because evidence may be destroyed or funds dissipated. The court has to decide that it would be just and reasonable to grant the injunction. The granting of injunctions is discretionary and will depend on the individual facts of each case

If you are being harassed by somebody or you are a victim of nuisance or trespass, you may in a position to apply to court for an injunction to stop this behaviour from continuing. Injunctions can be granted in a wide range of cases, from incidents of antisocial behaviour and housing-related nuisance to bullying on social media and even fly-tipping. Whether such an application is appropriate to your case will depend on your circumstances and the nature of the behaviour in question. Vardags can assist you in examining the options available to you and advising you on the best course of action to help you resolve the problem.

If somebody close to you is arrested, whether it be a friend, a partner or a relative, this will inevitably be a stressful and upsetting time for you, and of course your loved one. There are various things that you can do to support your loved one, but you need to remain calm so that your actions do not aggravate the situation.  

It is therefore vital to seek injunctive relief if you suspect that a creditor or other party intends to present a winding-up petition. At Vardags, we can help you act fast to prevent damage to your business.

High-profile and high-net-worth individuals are common targets for blackmail and extortion and such attempts can be highly distressing. A former sexual or romantic partner may be threatening to publish or post intimate photographs of you; or you may have received threats from a disgruntled employee to leak confidential business information unless you pay them money.

Our team provide expert advice on the practical and legal steps you can take to deal with the situation quickly and discreetly. When necessary, we work alongside our in-house criminal law experts, headed by Robert Conway, to provide comprehensive advice on both the reputation and criminal aspects of your case.

Not every joint venture works out or generates a profit as intended by the parties at the outset. When things are not going to plan, the key is to agree strategy to salvage the venture or to find a way out.

Vardags are experienced strategists and can assist your business in negotiations and provide advice before any disputes arise between the parties. Equally, when disputes arise (for example, in relation to the distribution of profit), Vardags can advise your business of its rights in law and under the joint venture agreement.

Unpaid invoices can have an enormously detrimental effect on your business, particularly in relation to maintaining a healthy cash flow.

Vardags advises business on all aspects of debt recovery and will work with you to formulate a strategy to recover the money owed to your business. The Vardags team will advise on tactics and pressures you can apply to recuperate your losses and recommend whether to initiate court proceedings either for the unpaid debt or under the Insolvency Act.

Vardags will also advise on any entitlement to interest whether under contract, Late Payment of Commercial Debts (Interest) Act 1998 or applicable court interest rates.

If you have been falsely accused of misconduct or poor performance we can help you to challenge these allegations either by advising you in the background to help you raise a grievance and appeal against any disciplinary action that is taken, or by communicating directly with your employer on your behalf.

We understand the complexities and sensitivities of difficult employment law situations. Every employer is different and we will work with you to find the right approach in order to achieve the best possible outcome for you.

Sometimes litigation can get bogged down in a costly mire. The case can drag, whilst endless correspondence pushes up solicitors’ costs. If you feel like your divorce has been plagued by unnecessary delays or that your current solicitors are ineffective in speeding up the process, you may be able to escape this situation by changing solicitors.

Negative or inaccurate results in financial due diligence can have a devastating impact on the ability of individuals and/or families to do business and operate freely.

If you believe that a compliance database holds inaccurate or out of date information about you there are steps you can take. Defamation and data protection laws apply to compliance database companies and can be utilised to good effect to challenge such content.

Before acquiring a target company, an element of due diligence will have been carried out to investigate the target and assess the viability and financial liquidity of the target company. The findings of due diligence checks may have led to an adjustment of the purchase price or the alteration of the terms of the share purchase agreement.

If you have engaged a professional (i.e. an accountant) to undertake due diligence on a target and that professional missed a key document or failed to advise on a specific point then you may have a claim for professional negligence, particularly if the professional’s failures led to you or your business to suffer substantial losses.

If you have created copyright material, you will have copyright protection automatically without having to apply for it. Copyright is of fundamental importance to businesses, and breaches can have serious consequences. The main legal remedies available to you in this situation are damages, delivery up of the infringing material and an injunction requiring the copyright infringer to stop making further use of your material.

Entering into a contract with another party, whether in writing or verbally, constitutes a legally binding agreement in most circumstances. If one party to the agreement fails to meet their responsibilities in accordance with the agreement, this could result in a breach of contract.

Vardags can assist you with dealing with a breach of contract or if you are accused of breaching a contract. In any instance, the first step will be to check whether the breach is capable of being remedied and whether the contract allows for this. Vardags are conscious that on some occasions, commercial relationships are equally as important as the contract itself so will work to preserve those relations whilst protecting your company’s position.

It is unlawful to pay men and women differently when they are performing like for like work or work of equal value. This includes basic pay as well as bonuses, rates for overtime, hours and benefits in kind. You will need to be able to point to a comparable colleague as part of your employment claim who you believe is being paid more than you.

We are well placed to provide you with a view as to whether your employment contract is in line with industry norms. We are able to obtain market data on this where necessary.

Legislation in England and Wales usually favours employers where there is a doubt as to whether an employee or their employer owns IP rights for the employees work. There are multiple statutory provisions which automatically give an employer the ownership of patents, copyright, database rights, unregistered designs and registered designs for works created by their employees in certain circumstances. If you are a consultant however, the rights to the product of the consultancy work will belong to you as the consultant unless there is an express contractual agreement to the contrary.

If you move abroad and your ex has or is threatening to cut off financial support you can apply to enforce an existing maintenance decision.

The UK has international agreements concerning maintenance with more than 100 countries. These reciprocal arrangements mean that an order can be registered and enforced in every one of these countries.

If your partner is breaking an existing order, there are numerous ways of enforcing it. The court can divert a portion of their salary directly to you (garnishee order), give you a charge over property or shares or even transfer bank accounts over to you. If your partner willfully and deliberately refuses to satisfy an order, this can amount to contempt – the court can fine and even jail them for this.

In the course of proceedings, maintaining the financial status quo is required as well as not doing anything that can be seen as dissipating assets. That should not, however, restrict you from making legitimate investments, as divorce should not be seen as a blanket ban on moving capital. Likewise, spouses can often apply for the extraction of cash reserves held in a business, arguing that they should be used for their claim rather than being retained for future investment.

Throughout proceedings, presenting business affairs in a transparent manner will be vital in avoiding attracting suspicion or appearing in a bad light. Our in-house corporate expertise, allied with our legal acumen, will help you protect your business activities.

As a high-profile individual, media attention will not be alien to you. Anyone in the spotlight knows that a reputation takes years to build, but only seconds to destroy.

We regularly engage with publishers, ranging from established publications to social media personalities and even companies, to seek the removal of defamatory allegations, and the correction and rectification of inaccurate data. Our lawyers have specific experience handling cases of Twitter libel (“Twibel”) and other aspects of social media law.

To create a seamless and effective strategy that addresses the issue on all fronts, we can work alongside your PR representatives to ensure comprehensive protection and consistent messaging.

As advisers to high-profile individuals, we know that while a reputation takes years to build, it can be destroyed in seconds.

We regularly engage with publishers, ranging from established publications to social media personalities and even companies, to seek the removal of defamatory allegations, and correction and rectification of inaccurate data. Our lawyers have specific experience handling cases of Twitter libel (“Twibel”) and other aspects of social media law.

We work with you and your client to develop a seamless and effective strategy that addresses the issue on all fronts, ensuring comprehensive protection and consistent messaging.

A company’s reputation is its most valuable asset. For successful brands and companies, damaging allegations can cause serious damage to public and financial standing.

We regularly engage with publishers, ranging from established publications through to social media channels and even other companies, to seek the removal of defamatory allegations, and the correction and rectification of inaccurate data. Our lawyers have specific experience handling cases of Twitter libel (“Twibel”) and other aspects of social media law.

If you conceive with a sperm donor by private arrangement outside of a UK fertility clinic, the donor could be considered the legal parent of the child with all the rights and responsibilities that flow from this. Complex legal issues also arise if you conceive privately through a straight surrogacy arrangement (where the surrogate conceives with her own egg). The law can apply differently depending on your relationship status (whether you are single, married, or in a civil partnership at the point of conception), how you conceive (artificial conception or sexual intercourse), who is named on the child’s birth certificate, and whether the donor will have/has an established relationship with the child. Given all of these variables it is important to obtain specialist legal advice.

Co-parenting is generally understood as a parenting arrangement in which the parents are not romantically involved. As a child can only have up to two legal parents in English law, this can create issues around who will obtain legal parenthood in multi-adult cases and who will be named on the child’s birth certificate. Legal problems can also occur around the acquisition and exercise of parental responsibility for the child, which governs decisions for the day-to-day welfare and upbringing of the child.

A written co-parenting agreement, tailored to your situation, is an important tool if you are entering a co-parenting arrangement. It will establish the ground rules for helping manage the complex legal aspects in practice, as well as the expectations involved. Whilst the court’s paramount consideration is the welfare of the child, a co-parenting agreement can be of important evidential benefit of what was intended, understood and agreed between the parties.

Conception with a known donor can provide a more personal dimension to your family building arrangement, however, it can also create risks in practice because the parties are known to each other. Changes of heart, disagreements and changes of circumstances can have an impact on your overall legal position, particularly after the birth if the donor has established a relationship with the child.

To protect yourself against these risks, you should seriously consider entering into a carefully written known donor agreement. If you do, the English Family Court can take this into account if a dispute arises. Whilst the court’s paramount consideration is the welfare of the child, your known donor agreement can be important evidence, clearly illustrating what was intended, understood, and agreed between you and your donor.

The law applies differently depending upon whether you conceive naturally or by assisted conception. Every person’s situation is different and requires tailored legal advice on the legal issues, implications and outcome in their case.

Legal and practical issues can arise at any point for families created through assisted conception, whether this be at the point of conception, at the point of birth, when crossing international boundaries, upon relationship breakdown, upon death, or as a result of changes in law and policy.

For aspiring families this can be immensely daunting, which is why we offer family building law advice sessions for those at the beginning of their journey. Vardags provide specialist legal advice on the full range of options available to you, such as fertility preservation law, IVF law, donor conception law, surrogacy law and co-parenting law.

If you are the new employer it is key that you are provided with the right information about the employees transferring to your company. You are also legally obliged to provide certain information to the company which currently employs the transferring employees in order that the employees can be briefed about their new employment position.

If your company is transferring employees under TUPE, we can assist with running a comprehensive information and consultation process in line with the TUPE legislation. We can also assist in managing the risk of compensation for a group of employees when there is a failure to inform and consult on a TUPE transfer.

Sometimes redundancies are unavoidable whether due to a difficult economic climate or to achieve a streamlined restructure. The employment team at Vardags can help to manage your redundancy process from start to finish.

If you are making more than 20 employees redundant in a short timescale, special considerations will apply and a collective redundancy process will need to be followed.

Getting a redundancy consultation right is invaluable in terms of staff morale. Where employees understand the business rationale for making redundancies, change may be more easily accepted.

Following a disciplinary meeting you should be informed of the outcome in writing in line with your employer’s policy. A rushed decision could appear prejudged and highlight an unfair process.

This is taken very seriously by the courts and breaches of injunctions can result in being found guilty of contempt of court that can result in various penalties including a fine, imprisonment or the confiscation of assets.

Following arrest, a person can be held in police detention for up to a total of 24 hours (in normal circumstances) before a charging decision must be made. Upon charge the police will usually release the individual on bail to attend court. There are only a limited number of occasions where the individual will be held in custody to attend court such as where the police have reasonable grounds to suspect that if released that individual will commit further offences, abscond, or interfere with the course of justice.

Where the police may have some concerns about granting bail they may impose conditions on bail such as a condition that a person must reside at their home address or a condition forbidding an attempt to contact the complainant in the case.

An arrest will normally result in the detention of an individual for the purposes of further investigation. However, an arrest will often lead to the use of additional police powers which will potentially have an even greater impact on the arrested person than an initial loss to their liberty.

At Vardags our priority is to limit the potential impact of a police investigation on the individual. We have a wealth of experience of working with the police and other investigative bodies, and we will use this experience to intervene and prevent an arrest where at all possible. Where an arrest has taken place we will scrutinise the decision and robustly challenge the arrest where we consider it unlawful.

The matrimonial home is very often the main asset of a marriage and is likely to be an area of consideration both during the divorce process itself as well as what happens when it is finalised. It is not uncommon for one party to leave the family home during divorce negotiations, especially where close contact causes unnecessary tension and conflict. However, it is crucial that you obtain full legal advice before taking any steps, to ensure that you do not compromise any aspect of your divorce.

All criminal cases that are to be dealt with by the court system begin in the magistrates’ court. Where a person is charged with a criminal offence, they will need to attend court so that the case can be dealt with. The person that attends court charged with the criminal offence is known as a defendant. When a person is charged with a crime, they can either be released on bail with certain conditions (including attending the court hearing) or held in custody for the next available court hearing.  

Where a spouse is dissatisfied with the outcome of a case, they can appeal. To do so, however, they must have viable grounds.

Judges in family law have a wide discretion to make findings of fact and rule on the distribution of assets between the parties. For a successful appeal, the court must be shown that the initial judge erred in their understanding or application of the law. It is not possible to have a re-run of the case simply because you do not like the outcome.

A deadlock scenario will usually occur in 50:50 joint ventures where neither party to the joint venture has a majority. In these circumstances, no agreement can be reached without one party conceding.

Vardags advises businesses on deadlock scenarios, particularly in relation to deadlock provisions in joint venture agreements. Where an agreement is silent, will look at what you and the business want to achieve, what you seek to protect and how you envisage moving forwards. Having understood your needs, Vardags will explore the various options available to you which may include selling shares, acquiring shares, share buy-backs, third party buy-ins or court action.

The claimant cannot force entry if the respondent does not comply with the order. The claimant will notify the court and proceedings for committal for contempt of court can be commenced at this point. It is also likely that this will reflect badly on the respondent in relation to the civil proceedings.

The objective of our consultation is for you to understand the likely outcome of the case, meet the people who will be working on it day to day, understand the process, and have any questions answered.

Adopting a child gives the adoptive parents the full rights and responsibilities of a birth parent. As such, in the event of a divorce, proceedings in relation to the child will be the same as those concerning care arrangements for biological children.
As adoptive parents, you will need to agree with whom the child shall live and contact arrangements. All decisions regarding the child’s health, education and welfare will need to be made jointly.

Posthumous conception is legal in the UK, but it is highly complex and needs to be dealt with carefully. There are stringent legal requirements governing the procurement, storage and use of eggs, sperm and embryos following death, especially with regards to consent.

English law expects you to have secured written, signed consent for the storage and use of eggs, sperm, and embryos after death. Ideally, you should proactively complete a series of consent forms that are available at all UK fertility clinics because consent cannot usually be obtained retrospectively after death.

Our highly trained team will confidentially and promptly deal with your enquiry, listening to any privacy concerns you have, including worries about your spouse finding out, and agree on a method of contact that suits you best.

There is no lawful compulsory retirement age under employment law. You are free to continue working over 65 and your employer cannot force you to retire because of your age.

Not being considered for a promotion because of your age is age discrimination. This is a clear example of less favourable treatment because of your age.

Whether someone pleaded guilty or was found guilty after trial there is a route to appeal the sentencing decision usually in situations where they can be shown to be wrong in law or wrong in principle or where it was simply excessive.

The regime for appealing a sentencing decision is different depending on whether the original decision was made in the Magistrates’ Court or Crown Court and there are different implications which may flow from the two separate procedures.

Vardags experience of challenging the legal status quo and taking cases to the highest courts means that we are well-placed to fight your appeal. We will leave no stone unturned and can often find innovative ways to put your case.

The needs of your employer’s business may also mean that not every employee can work part-time and only on specific days. It is expected that there needs to be flexibility on both sides. Some employers may allow flexible working on a trial basis to explore whether a new arrangement is workable before making any permanent change to working hours.

In order to succeed in a claim for discrimination, you will need to put forward facts from which it can be presumed that there has been discrimination. An Employment Tribunal will usually seek to take a wide view as to what can be established from these facts whilst taking into account the employer’s version of events. Once such facts have been established, the burden is then on the employer to disprove the discrimination claimed.

If your employer has failed to investigate your grievance properly then the next step would be for you to submit a written appeal against the grievance outcome.

If you are dissatisfied with the outcome of your grievance following an appeal and you have exhausted your employer’s internal processes, the next stage is to notify ACAS (Advisory, Conciliation and Arbitration Service) of your intention to lodge a claim with the employment tribunal. ACAS will then give you the opportunity to enter Early Conciliation to attempt to settle your dispute to avoid issuing a claim. This is a compulsory step. You should be aware that there are strict time limits for making a claim to the tribunal and we can provide expert advice on this.

It is unlawful to discriminate on grounds of a mental or physical disability. One of the most common types of disability discrimination is failure to make reasonable adjustments. This is very relevant where an employer is imposing its standard processes on an employee with a disability who is placed at a significant disadvantage.

When employers fail to follow a reasonable disciplinary procedure and ambush employees this can lead to unfairness. Your employer should allow you reasonable time to prepare for a disciplinary meeting. What is considered reasonable will depend on the specific facts and circumstances of your case and your employer’s policy.

A decision to answer police questions should not be taken lightly. The interviewing officers are trained to ask certain questions which have a specific legal purpose, and it is important that a person is fully advised of their legal position before attempting to answer these questions.

Before entering the interview room, we will ensure our clients are provided with as much information as possible about the allegations and the supporting evidence. We will provide thorough advice as to the law underpinning the allegations, the merits of the case, and whether indeed the evidence requires an answer at all.

Performance (or capability) is a potentially fair reason for dismissal but employers are expected to give employees the chance to improve by running a performance improvement process (PIP) before proceeding to dismissal. This normally involves setting targets for employees to reach over a defined period of time.

Many employers will have a policy or procedure in place for dealing with performance issues and dismissing employees. In the event of a claim by an employee an Employment Tribunal will take this into account when deciding whether an employer acted reasonably and fairly.

If your employer does not have a specific policy, then the ACAS Code of Practice for Discipline sets out the principles for conducting a grievance process.

It is a legal requirement for employers to have these policies and you could raise this as part of your grievance.

A failure to make adjustments for religious holidays or putting in place policies such as a requirement to work on certain religious holidays which unfairly disadvantages you amounts to discrimination because of religion or religious belief.

Employers can seek to justify their actions and claim that there is a legitimate aim behind their policy. The employment team at Vardags can advise you on whether your employer’s position is reasonable and in line with employment law.

If your employer knows about your disability, it has a duty to make reasonable adjustments to reduce or remove any disadvantage in the workplace. Examples may include adjusting premises for a wheelchair, producing manuals in braille format, providing additional IT software or altering your hours.

The obligation on employers to make reasonable adjustments is an important one which is often overlooked. We can explore with you whether your employer is failing to make reasonable adjustments and advise on steps to take to ensure that your rights are respected.

Not every adjustment will be reasonable. Much will depend on who your employer is and its resources but we can arm you with the correct knowledge to put you in a stronger position.

Your employment contract may contain a clause requiring you to attend a consultation with an occupational health adviser nominated by your employer. Employers request this so that they can better understand the nature of an employee’s medical condition and to explore whether they can make reasonable adjustments. If your contract does not contain this clause, you could request an occupational health examination and remind your employer of its duty to make reasonable adjustments for you at work if you have a disability.

If you are involved in divorce proceedings and you have concerns that your partner may sell property and other assets, Vardags’ experienced team can help you make an application to court. An injunction can prevent your partner from disposing of property both in the UK and abroad. In effect, the injunction ‘freezes’ property, so that it is protected. We can provide swift and sensitive advice to help you act quickly, before it is too late.

There is no legal obligation for employers to provide a reference and in the case of gross misconduct it is not unusual for an employer to refuse to provide a reference. When providing a reference employers have a duty to take reasonable care that it is true, accurate, and fair.

If your current or previous employer has provided a misleading reference, they may be liable for any economic loss you have suffered as a result of any negligent misstatement.

Subject to the rules which restrict some employers (for example in the context of regulatory requirements), reference wording can usually be negotiated as part of an exit to assist with a smooth transition into your next role.

Clearly, an employer needs to factor in the needs of its business and make decisions to ensure that there is sufficient cover at busy times and that the organisation runs effectively at all times. There is no legal right to work flexibly as such but employers are legally required to give serious consideration to requests for flexible working. Any refusal to accommodate flexible working needs to be for sound, logical business reasons.

Spouses having inflated ideas about the value of assets is not uncommon in high value divorces, especially where parties have had a high-spending lifestyle.

This false perception of reality can prove costly for both parties, if not kept in check. Where this is the case, full disclosure will be vital in demonstrating that there are no hidden assets while reassuring your spouse that everything has been done transparently. Equally important will be obtaining thorough valuations.

As the court has wide powers when making financial awards, it is vital that you set out the proper values of your assets so you can define your spouse's entitlement.

If you fear violence or are subject to violence, the court can and will protect you. For victims of domestic abuse (be it physical, verbal or emotional harm) the court can make non-molestation orders and occupation orders each giving you comprehensive legal protection.

Non-molestation orders (“non-mols”) are designed to protect your from harassment. Normally, they will prevent your ex-partner from harassing you and threatening you with violence. Sometimes they will bar them from contacting you directly and from going near you.

Though uncommon, false allegations of domestic violence can be extremely distressing. As leading family lawyers, Vardags can defend such claims while putting forward your case. Where false allegations are made before the court, the consequences can be very serious. Under an occupation or non-molestation order you could be removed from your home or arrested by the police.

Our specially trained Client Relations Team will confirm that they are speaking with you prior to properly introducing themselves and the company. If anyone other than yourself answers the call we will always end the discussion as soon as possible and in a suitable manner, to ensure we do not raise any suspicions. We can also contact you via whatsapp or email if that is preferable.

In a high net-worth divorce case, a party can start spending recklessly for a number of reasons. Freezing orders in family law ensure a wealthy party cannot dissipate their assets in this way. This is a form of injunction which restricts a party from spending above their reasonable needs. If they breach it, they can be fined or jailed.

Often people will apply for divorce proceedings in England with the aim of maximising their claim, even if this is not justified. Jurisdiction, in cases of divorce, is governed by a complex web of law, involving multiple cross-border elements. Generally, the divorce will only be heard in England if you, or your spouse, has been resident or domiciled in England.

London is known as one of the fairest locations for a less-wealthy spouse to bring a divorce. In many other countries, a spouse will receive little or no payment at the end of a marriage. If you want your fair share, it may be vital that your case is heard in England.

Jurisdiction in relation to divorce is governed by a complex web of English, European, and international law. Generally, you will only be able to get divorced in England if you, or your spouse, has been resident or domiciled in England. If there is more than one European country in which you are able to get divorced, the “correct” jurisdiction will be determined by where the proceedings are started first. If the jurisdiction is disputed between England and a non-European country, the court will consider which country is the most suitable to hear the dispute, considering where the assets are located and the previous lifestyles of the parties.

Where service of the divorce papers is not acknowledged by the respondent in the relevant time frame then it is always worth prompting them in case it is a genuine error or oversight. If they then fail to respond or outright refuse, other avenues will have to be considered in order to continue the divorce process.

Where a spouse has significant assets, they can often try to downplay their value on divorce. Attempting to hide or undervalue assets in a divorce carries serious legal consequences, as both parties are legally obliged to provide full and frank financial disclosure.

If your spouse attempts to undervalue their assets, it is crucial that you seek the correct value in order to ensure you get your fair share of the marital wealth.

With in-house corporate and forensic accountancy expertise, Vardags can help ensure that the valuer asks the right question and reaches the right conclusion. We will be able to trace and assess how your spouses’ wealth is held and analyse the accounts to check whether they present a true portrayal of its value.

The TUPE legislation prevents your new employer from changing your terms and conditions of employment to harmonise its workforce. Even if you agree to any such changes and are incentivised to do so, this can be challenged at a later stage.
Terms of employment cannot be changed if the TUPE transfer is the only reason for change. Your employer may claim that there are other reasons for such changes. We can advise you on this and on your rights in a TUPE transfer situation.

Your employer has a duty to make reasonable adjustments to help you at work.

If you have a disability which is not readily apparent to your employer, then making them aware could trigger the duty to make the reasonable adjustments needed.

If your restrictive covenants go further than is necessary to protect your employer’s business interests, they may be unenforceable. Restrictive covenants should not exceed 12 months in duration and this would only be appropriate for senior individuals in an organisation.

If the decision is made to undertake an investigation, the investigating officers should ensure that the key evidence is obtained as soon as possible. They must act fairly to all parties involved and they are duty bound to pursue all avenues of enquiry including those that may undermine the allegation or point to the innocence of the accused individual.
Normally the police interview will form a key part of an investigation. The officer conducting the interview must ask all questions they consider relevant to obtaining accurate and reliable information about the offence. They must also allow the suspect the opportunity to give an innocent explanation.

Despite the impression given by heavy-handed investigations in TV police dramas, there are many checks and measures on police powers of investigation that arise out of numerous sources of legislation, codes of practice, and other guidance. In fact, where the police have already contacted an individual and secured their cooperation with an investigation, it will often not be necessary to proceed to an arrest at all.

When a TUPE transfer is planned, your employer should appoint appropriate representatives such as trade union representatives or elected employees to run an information and consultation process. You should receive information about when and why the transfer will occur and any implications to your employment going forward such as a change of location, for example. Your new employer should provide this information to your current employer so that it can be provided to you.

A failure by an employer to inform and consult with employees on a TUPE transfer could result in compensation for each employee affected by this.

All employers should promote an equal opportunities workplace. There should be a clear policy in place demonstrating a commitment to diversity at work.

A lack of diversity in the workplace could point to unconscious bias.

If you are pursuing a claim for race discrimination and your employer’s equal opportunities track record is poor or where your employer is only paying lip service to an equal opportunities policy, this could be relevant evidence for your case.

If you are involved in a dispute and you are worried that your opponent is going to destroy documents or property that are needed as evidence, a search order will allow you to get into their home or workplace to search it and then take the evidence away for safekeeping. Search orders are often granted in support of intellectual property claims such as copyright issues, but they can also be obtained in cases of fraud, shareholders’ disputes, breach of confidence and even matrimonial proceedings.

A constructive dismissal is a resignation which is claimed to be a dismissal by an employee because the employee is claiming that there was no option but to resign due to an irreparable breakdown of the employment relationship. This can be caused either by a single act by the employer or several actions over time culminating in a ‘final straw’.

These used to be known as Mareva Injunctions and they prevent a party from disposing of assets or dealing with them in any way including hiding them or diminishing their value. The purpose of this order is to protect the assets until the case is finalised. The order has to state the maximum assets that are covered by the freezing order- it cannot be open-ended. These orders also generally only cover assets located in the England and Wales.

These orders were previously referred to as Anton Piller Orders. Courts can grant these orders in order to preserve evidence or property. This can be because the item is the subject of an action or because a question has arisen in an action in relation to that item. The purpose of the order is to find and preserve the relevant information or property. 
Search and seize order are very expensive to obtain and also to execute and are only granted where it has been determined as strictly necessary in the interests of justice. This is because they are a serious infringement of the respondent’s rights and freedoms.

In basic terms, a warrant is a legal document that is issued by the courts authorising the police to perform a specific action, including: making an arrest, seizing property, conducting a search and executing a judgment.

If ageist comments are being made about you, you may have a claim for harassment which is a type of age discrimination. For example, if a comment is made that you are too old to get to grips with technology at work, this would amount to age discrimination.

Trusts are invalid if they fail to comply with any one of a number of formal requirements, such as if the settlor fails to sign the trust instrument. A trust is a sham if it is established by its purported settlor and trustees without the intention of actually creating a trust, but instead for the purpose of creating the appearance of a trust without the ensuing legal obligations.

Unless there is good reason, for example health and safety requirements, then your employer should not restrict you from wearing religious symbols at work.

It will be relevant if the symbol is not strictly required by your religion, for example in the case of a cross which is worn by personal preference if you are Christian. For most religious symbols such as hijabs, turbans or bangles, you should speak to your employer about making an exception to the dress code to accommodate you.

If your employer is not willing to make such an exception, or to make adjustments to the dress code as needed, then you should seek advice as soon as possible.

The applicant is able to apply for the injunction:
(a) On notice which means that the other side will be notified about the application hearing
(b) Without notice which means that the other side is not notified about the hearing and cannot be present. The applicant will need to present very strong reasons why this should be granted

The actions that can be performed by the claimant is limited to the scope of the order itself:
•    Only property stated in the order that is under the control of the respondent can be searched and generally only property located in the UK
•    The courts are wary about granting this type of order in relation to personal property, such as the respondent’s family home.
•    If there are multiple addresses (or parties) covered by the order, then the orders will have to be served and executed at the same time to minimise advance warning being given.
•    The materials that can be copied and removed must be stated in the order
•    Privileged material or information that would incriminate the respondent in relation to a crime is exempt. The independent solicitor will need to assess these items to determine whether or not this is the case. 

This solicitor must explain the order in everyday language to the respondent so that they understand what it means.

Our top divorce lawyers in London operate at a level that can only be reached through years of experience handling high-profile and high-value cases. We understand the demands placed on our clients, and we work proactively and thoroughly to deliver them the best results.

Our number is 020 3967 8661. However, if you are concerned about privacy please do flag when you reach out to us and we will ring from a withheld number to ensure complete discretion.

A top divorce solicitor should not only be qualified, but also have the proven experience and acumen required to deliver results at the highest level. That is what you get when you choose Vardags.

The top rated divorce lawyers at Vardags are strategic and litigious. We use our years of experience and strong judgement to deliver practical guidance and the results you expect.

Ensuring that you have a lawyer that has both the specialist skills, knowledge and experience is something that you want to clarify in your initial questions with your solicitor. The areas you want to clarify are:

How experienced is the lawyer in family law, particularly divorce law?
Have they dealt with cases that have similar circumstances that are relevant to your case?
How credible is the firm that the lawyer works for? A
What is the lawyer’s view on fair play?
How will they effectively ensure a good lawyer/client relationship especially when dealing with situations where emotions can be running high?
How frequently they will update you on your case?
Whether it will be one person with overall control and as a contact point?

Vardags focuses exclusively on high-value matters. Our solicitors have extensive experience working for clients with complex familial and financial circumstances. When you choose us, you choose the best.

Come prepared with any questions you have and think about what you would like to achieve from the consultation. This consultation is not just a formality. We will take the time to understand your key concerns, discuss your circumstances and get an initial overview of the relevant assets to your case. If applicable to your situation, we may discuss implications on probable jurisdiction, children, pets or any other factors important to you.

It is important to deal with statutory demands as soon as possible to avoid winding-up proceedings being presented against your business. For demands served on companies, a company will have 21 days from the date of service to protect its position.

Vardags will consult with you to work out a commercially viable strategy best suited for your business. This can involve advising businesses on obtaining injunctions to restrain the presentation of winding proceedings, injunctions restraining the advertisement of proceedings and defending proceedings.

If you bring a child from abroad into the UK without having complied with the relevant regulations, you must notify your local authority of your intention to adopt that child as soon as you arrive in the UK so as to avoid criminal sanctions.
Whether you are worried about your legal status, or whether you have already been accused of not having complied with the regulations, it is vital to seek legal representation. Vardags can act quickly and effectively to help you secure yours and your child’s legal status. Alongside our family lawyers, we have top criminal defence lawyers in house to defend you in criminal proceedings, should it become necessary.

Disagreements and issues will normally always arise in the course of business, particularly in joint ventures where multiple parties are involved. However, some disagreements are harder to resolve especially where there has been regretful conduct by another party. If one party’s conduct has caused you, your business or the joint venture harm then you will need to take professional advice.

Vardags will look at what you and the business want to achieve, what you seek to protect and how you envisage moving forwards. Having understood your needs, Vardags can offer geared, practical and straightforward advice on the best way to deal with another party’s conduct going forwards.

The Companies Acts of 1985 and 2006 provide shareholders with specific rights. Your company’s articles of association and/or a shareholders’ agreement may confer additional rights to shareholders. It is important that the company understands their shareholders’ rights particularly when shareholder action is threatened. Shareholder actions can take the form of unfair prejudice petitions, derivative actions and winding up petitions.

If the seller party has given an untruthful warranty under a share purchase agreement, this could have major consequences for the buyer of the target business. In these situations, a party may have a claim for misrepresentation or have grounds to make a claim under the provisions of the share and purchase agreement.

On the other hand, if you were the seller party and were not advised by your solicitors about the extent of the warranties given, or your solicitors drafted unlimited indemnities in respect of the warranties, then you may have grounds for a professional negligence claim against the instructing solicitors at the time the share purchase agreement was being drafted and negotiated.

Vardags offers clients an efficient and outcome focused approach in all circumstances.

When someone is arrested and detained at a police station they each have a designated custody officer whose primary responsibility is the welfare of that person during their time in custody.

The maximum time someone can be held in custody pre-charge is 24 hours. The custody sergeant is responsible for ensuring the detention remains lawful throughout that period. They are also responsible for ensuring any action taken during the detention period is in accordance with legislation and the codes of practice, including any searches conducted by investigating officers, interviews, and other steps considered necessary to further the investigation.

Usually, when entering into a joint venture with other parties, a shareholder agreement is drawn up to govern the relationship between the shareholders and deal with the management of the company, dividend provisions, method for valuing shares and deadlock situations. It is always best to seek independent legal advice before entering into a shareholder agreement but Vardags understands that is not always practical.

If you are concerned about the terms of your shareholder agreement and someone is seeking to enforce those terms, Vardags can assist. With unrivalled experience in shareholder disputes, Vardags offers commercial and straightforward advice to protect your interests and shareholding as necessary.

There are various legal mechanisms which prevent shareholdings being diluted, save for when those rights have been dis-applied by the company. Where pre-emptive rights have not been dis-applied any issue of equity securities must only be carried out on a pre-emptive basis.

If a company tries to issue new shares and you are concerned this may affect your current shareholding, Vardags can advise you on your rights and advise on the remedies available to you.

Modern families and those built through assisted conception, donor conception, and surrogacy create complex legal issues under English law. The law is not always a ‘good fit’. It does not always legally protect parents, children, donors and surrogates in their home or destination countries. This can create unforeseen issues and outcomes and generate international conflicts of law, possibly leaving parents and children without legal status and recognition.

Vardags can support you with specialist legal advice on citizenship, nationality, and immigration law in the UK, and legal parental status (legal parenthood and parental responsibility) if questions are raised by a doctor, health visitor, nursery staff, teacher, or border official.

When difficulties or disputes arise between an egg or sperm donor and the recipient, it can create a range of legal, medical, and emotional issues. This might lead to you wanting to withdraw consent to their use of eggs, sperm or embryos. A dispute could also develop during treatment, pregnancy or after the birth of the child, and could lead to contested court proceedings over the care and upbringing of them.

If you have been served with an injunction, you should contact us immediately to obtain legal advice. You must be very careful not to do anything that might breach the injunction, as this is generally punishable as contempt of court and could lead to you being imprisoned. You should also make sure you preserve any evidence that might be relevant to your case.

The experienced team at Vardags can advise you as to the best strategic response for your specific circumstances. Acting quickly and responding in an appropriate manner is crucial, and having expert advice from Vardags can help you avoid potentially very damaging ramifications.

All directors owe their company duties under the Companies Act 2006. These include, but are not limited to, the duty to exercise reasonable care, skill and diligence and promote the success of the company.

Negative or inaccurate results in financial due diligence can have a devastating effect on the ability of your client to do business and operate freely.

If a compliance database holds inaccurate or out of date information about your client there are steps that can be taken. The laws of defamation and data protection apply to compliance database companies and can be utilised to good effect to challenge such content.

Defamation can pose a serious threat to the personal and professional life of high-profile individuals. Online, these allegations can spread quickly and are difficult to get under control.

Vardags’ lawyers have extensive experience handling all areas of social media law and have engaged with online publishers to great success. Even when defamatory allegations emanate from an anonymous individual or online account, there are actions that can be taken to protect your reputation.

When relationships with family members become strained or fall into dispute it can create complex legal and emotional issues, particularly where children, inter-family donation and financial matters are involved. It is important for you to understand the legal issues so that you can carefully manage relationships and ensure the best outcome for you and the child.

When surrogacy arrangements fall into dispute it can be immensely distressing. We can secure and protect legal status for a surrogate born child through legal proceedings including assisting you with obtaining court orders such as parental orders, child arrangements orders, wardship, conferral and restriction of parental responsibility, specific issue, prohibited steps, special guardianship, adoption, and financial provision orders.

Vardags can provide you with sensitive, experienced legal advice on managing and resolving legal issues or a dispute with a surrogate, legal parenthood, and acquisition and exercise of parental responsibility for a child conceived through surrogacy.

You will talk through your circumstances with a Vardags solicitor. Then, we will offer an initial view of the options available for you and how best we think you should proceed.

If you are served with a search and seize order, then it is crucial that you get expert legal advice immediately before the order is executed. You must comply with the order so you are not in contempt of court, but good representation will ensure that it is determined whether the claimant has complied with all the requirements that are necessary to obtain such an order and that they made full disclosure to the court. If this was not done, then you may have the right to receive damages. Having strong legal representation will also ensure that your rights are protected and that the claimant does not act outside of the remit of the order in a manner that it unreasonable or oppressive. 

If you are served with an injunction then it is vitally important that you follow whatever is stated in the order, but also get immediate legal advice on your case and what route should be followed. 
These orders can be incredibly lengthy with reams of evidence attached. Ensuring that you have expert legal advice straight away can ensure the best outcome in your circumstances. Your lawyer will determine whether the claimant has complied with all the requirements that are necessary to obtain such an order and that they made full disclosure to the court. If this was not done, then you may have the right to receive damages. Having strong legal representation will also ensure that your rights are protected and that the claimant does not act outside of the remit of the order in a manner that it unreasonable or oppressive. 

Very often, divorce can entail an emotionally strenuous experience which, in turn, can make the proceedings particularly stressful for the parties involved. It is also not uncommon for proceedings to become acrimonious, with many sensitive factors at play such as deciding on...

If circumstances change during a surrogate pregnancy, it is important to proactively manage the legal and practical issues as soon as they come about. Circumstances can change at any time for a variety of reasons, such as relationship breakdown between intended parents, change of heart by a surrogate, communication problems and expectation differences between the parties, illness or medical complications, professional or financial difficulties.

We understand how difficult this can be, and acknowledge the need to act quickly and carefully. We can provide specialist tailored legal advice on surrogacy law in the UK and internationally, family law advice for modern families created through surrogacy and assisted conception following relationship breakdown (including divorce and financial proceedings, cohabitation law, and civil partnership dissolution), and preparation of a ‘family proof’ Will.

A person may not operate as a director whilst they are subject to a bankruptcy order without the court’s permission. Losing a key member of the board can have significant consequences for the company and its future.

In specific circumstances, directors may be required to provide personal guarantees when a company borrows money. A director’s personal guarantee creates a secondary obligation to support the primary loan. This means that if the company defaults in any way, the lender may call on the personal guarantor to fulfil the borrower’s obligations (usually payment obligations).

Both shareholders and directors have the ability to call a general meeting providing the requisite steps have been taken in accordance with the Companies Act and the company’s articles. In anticipation of a general meeting, those calling the meeting may circulate proposed resolutions, which can include resolutions for the removal of directors.

The decision to embark upon treatment at a fertility clinic is not risk free. Although many experiences lead to positive outcomes, fertility treatment can create complex legal and medical issues, such as: problems with consent forms (incorrectly completed, lost or mislaid) which govern the procurement, storage, and use of eggs, sperm and embryos; loss, destruction, or wrongful use of eggs, sperm, or embryos; problems with fertility treatment, tests, and medication; refusal, restrictions, or delay in providing treatment.

Vardags can provide you with experienced and specialist legal advice on resolving a fertility law dispute with a clinic, expert witness services for fertility, parenting, and surrogacy law following clinical negligence, and fertility treatment law in the UK.

All estates must go through the process of probate, which is overseen by the Probate Court. It is this court which ultimately decides if the deceased’s will should be given legal effect. Unfortunately, disputes can arise when dealing with the deceased’s personal possessions.

If you are a trustee, it is not uncommon for issues to arise concerning a connected trust. A trustee may be faced with issues such as: a breach of trust claim, dealing with unforeseen tax liabilities, and handling difficult beneficiaries, to name but a few.

The donation of eggs or sperm by a family member is known as inter-family donation. It provides a genetic link between the recipient and the child (unlike conception with arms-length donated eggs or sperm), which can be an important driving factor in some cases.

To prevent consanguinity (incest), there are legal restrictions as to the mixing of eggs and sperm between close relatives. However, inter-family donation is permissible in some cases at UK fertility clinics.

The circumstances in which a police officer may make a lawful arrest are clearly defined in statute, and in all such circumstances the power to arrest only becomes exercisable where the arresting officer has reasonable grounds for believing the arrest is necessary.

The custody officer must make available any documents or material necessary to challenge the lawfulness of a person’s arrest and detention. At Vardags we are proactive in ensuring that the decision to arrest and detain is thoroughly scrutinised and robustly challenged where necessary.

It is not uncommon for high-profile individuals to be targets of blackmail and extortion, and such attempts can be highly distressing. A former sexual or romantic partner may be threatening to publish or post intimate photographs of your client; or they may have received threats from a disgruntled employee to leak confidential business information unless they pay money.

Blackmail is a criminal offence, so it is important to seek advice on the practical and legal steps that can be taken. When appropriate, our reputation and privacy lawyers can work alongside our in-house criminal law team, to provide comprehensive legal strategy.

Co-parenting is generally understood as a parenting arrangement in which the parents are not romantically involved. When a relationship with a co-parent becomes strained or falls into dispute it can create complex legal issues under assisted reproduction and family law in the UK. It can trigger a wide range of questions about legal status, identity, and parenthood for a child, acquisition and exercise of parental responsibility, care, upbringing, and financial provision for a child. Relationship difficulties can also highlight differences in outlook and expectations in life, and communication problems.
A tailored co-parenting agreement can help you to identify and manage these complex legal issues and can be of important evidential benefit in the event of any subsequent court proceedings. We can provide you with sensitive and specialist legal advice on co-parenting law in the UK and internationally, and the merits, content, and preparation of a tailored co-parenting agreement.

When a relationship with a donor becomes strained or falls into dispute, you should take careful consideration and management of the legal and wider issues involved. At this stage, an understanding of donor conception law in the UK and its application internationally, including the legal status of your donor, is particularly important. It is also important to understand and proactively manage the legal issues associated with the care and upbringing of any donor conceived child.

Trademark infringements occur when someone has used/copied exactly the same trademark as someone else, or where they are using a trademark so similar that the public is likely to confuse the two as coming from the same owner, without authorisation. Someone may have used your trademark as inspiration and ended up creating something so close to it that it then constitutes trademark infringement as it erodes the essential distinctiveness of your trademark. One does not have to be aware of another trademark in order to infringe it. As long as there is actual or constructive (i.e. you should have known) notice that a trademark exists it may be infringed.

It is important to always be aware that unjustified threats regarding the infringement of a trademark are prohibited, and caution must be exercised at the outset of any dispute as a result.

If you have developed a product or article, design rights protect the appearance of the whole or part of your work. This includes products/articles in three-dimensional form or for two-dimensional designs such as surface decoration and texture. We understand that these designs are often a fundamental asset for an individual or business and therefore protecting design rights is important.

If the company's affairs are being or have been conducted in a manner that is unfairly prejudicial to the interests of the shareholders then a shareholder may seek an order from the court requiring the company to refrain from doing the prejudicial act or provide for the purchase of the aggrieved shareholder’s shares amongst other remedies.

Vardags can advise you on your rights as a shareholder, including whether a derivative action or winding up petition should be considered in the circumstances.

According to the Crime Survey for England and Wales by the Office for National Statistics, 7.7% of women and 3.6% of men were victims of domestic abuse last year. Lockdown has seen a 7% rise in this figure. It is important to note that not all abuse is physical and, as now enshrined in the Domestic Abuse Act 2021, can also take the form of emotional bullying, intimidation, financial control and other coercive behaviours. Taking the first steps towards divorce is daunting, but all the more so in the context of domestic violence. Fortunately, however, there exist a number of steps you can take to ensure your safety and interests during the divorce process.

Our specialised solicitors frequently provide advice on issues related to:

● Inherited wealth
● Luxury investments
● Foreign real estate
● Major corporate interests

Vardags solicitors understand that assets like these involve layered structures that need to be carefully examined. We have years of experience working with private businesses and trusts, or investment portfolios, as well as personal assets like special holdings or collections. This is nothing new to us. We can handle cases that involve assets like these with the clarity and skilled professionalism that is required.

There are a range of orders that can be granted that:
•    Restrict how assets are used, known as freezing injunctions 
•    Allow the claimant to search and seize items on a person’s property
•    Require the respondent to give details of the location of an asset
•    Require that property is delivered to the claimant
•    Require the respondent to reveal the location of property or assets
•    Are used in relation to insolvency law

A disciplinary meeting should be held without unreasonable delay whilst allowing you a reasonable time to prepare. During the meeting you should be given the opportunity to respond to the allegations made against you and to put forward your version of events. As part of a fair process, your employer should consider your response before making any decisions relating to disciplinary action. A rushed decision by an employer about a disciplinary sanction can point to unfairness.

Working alongside our elite team of divorce lawyers, Vardags can advise on all aspects of insolvency during divorce or intended divorce proceedings. Combining inter departmental knowledge, Vardags can provide expert advice if you are considering divorce proceedings whilst facing an insolvency situation either in your personal capacity or with your business.

As a nation we love our pets. Animals often form an integral part of family life, with disputes on pet custody becoming one of the aspects of concern in divorce proceedings. We have witnessed news stories of high-profile celebrities battle out the care arrangements of these four-legged friends during their divorce, with the likes of Ant McPartlin and his ex-wife agreeing shared custody of their chocolate Labrador, whereas Johnny Depp had to relinquish custody of his and Amber Heard's dogs.

Vardags has a reputation for getting favourable outcomes in complicated and high-profile cases. This is supported by years of professional recognition and our client endorsements.

The difference is that our specialist solicitors have decades of experience working on cases that involve substantial assets and complex or international financial structures.

There is a lot of overlap between the criminal offences of robbery and extortion. However, there are also significant differences and it is important to understand what the requirements are for each offence to make it clear which applies in the relevant circumstances.

One of the main differences revolves around consent. For robbery to occur, the victim will not be giving consent for the items to be taken and instead they are taken by force. However, with extortion- there is a degree of consent (albeit unwittingly) and the victim does agree to the defendant taking the items to prevent the threat from occurring.
Another difference is when the threat will occur. For robbery to have taken place, the threat has to be of immediate physical harm. With extortion, the threat of harm does not have to be at that point- it can be in the future and this will still amount of the offence of extortion being committed.

We aim to ring you back as soon as possible. However, there may be a slight delay outside of usual business hours.

An employment contract review before accepting a new role can be invaluable. Your new employer may expect an element of negotiation and this could be the best opportunity you have to negotiate favourable terms at the recruitment stage.

Although the prospect of international adoption can be exciting, choosing which country to adopt your child from can be a daunting process. At Vardags we can advise you as to the process of international adoption depending on which country you want to adopt from, including whether an adoption order made in a particular country will be valid in England. We can put you in touch with Adoption Agencies who can guide you through the initial stages of that decision, whilst we assist with the legal implications alongside that.

There is often a lot of paperwork involved in a divorce and it can seem overwhelming to think about contacting more people about the change of circumstances. However, it is very important that you make sure that you contact all the relevant organisations that need to know your marital status to make sure all processes are correctly followed. 

The origin of wedding rings can be traced back to Ancient Egypt, where they were first fashioned out of reeds and placed on the fourth finger of the left hand, through which it was believed ran the Vena Amoris (vein of love) which carried a flow of blood straight to the heart. While this anatomical myth has since been debunked by modern medicine, the tradition has otherwise endured, albeit with rings of much greater value.

High net worth cases rarely have straightforward financial environments. Our specialised solicitors have experience with complex ownership structures and possess the strategic vision required for high-value results. We are aware of the dynamics involved in substantial personal wealth.

The demands of UHNW separations are nothing new to Vardags solicitors. We recognise that in these situations, confidentiality and prompt decision-making are what is needed. Although general practitioners may excel at routine tasks, high-value work necessitates the precision and experience of a specialised team, which is where we come in.

High net worth cases rarely have straightforward financial environments. Our specialised solicitors have experience with complex ownership structures and possess the strategic vision required for high-value results. We are aware of the dynamics involved in substantial personal wealth.

The demands of UHNW separations are nothing new to Vardags solicitors. We recognise that in these situations, confidentiality and prompt decision-making are what is needed. Although general practitioners may excel at routine tasks, high-value work necessitates the precision and experience of a specialised team, which is where we come in.

When deciding a financial settlement, the court will consider the standard of living enjoyed by both parties while they were together. While this is taken into consideration, it is only one of many factors which are considered and the discretion of the judge will play a key role.

In high net worth cases, where the family have enjoyed a very high standard of living and there are substantial financial resources, the parties’ needs will be computed in a more generous way than in an ordinary divorce case. For high net worth and ultra high net worth individuals, having the best legal team on your side will ensure, where possible, you are able to maintain a similar standard of living.

At the outset of a person’s detention the detained person is advised of their rights during detention, which include the right to inform someone of their arrest and their right to free and independent legal advice. A detained person is also entitled to speak with someone for a reasonable period of time over the telephone.

Where a person appears under the age of 18 they will be considered a juvenile. The custody sergeant will ensure that an appropriate adult – usually a parent – is informed of the detention and will ask them to attend the police station and accompany their child during the detention period.

Where the detainee exercises their right to legal advice, they must be permitted to consult with a solicitor as soon as practicable.

The default position is that everyone is responsible for their own legal costs, but there can be situations in which a party may succeed in securing the payment of their fees by their spouse.

This is a concern often voiced by our employee clients. However, from a legal point of view, speaking out about discrimination can offer protection. If you have complained about harassment you are then protected against victimisation which is another type of discrimination if you suffer some form of retaliation for making the complaint.

This could cover any sort of action by the employer including a demotion or dismissal, for example.

People that have gone through a divorce may wonder what will happen to their assets if they meet a new partner- does their former spouse inherit or their new partner. When going through a divorce it is very easy to overlook the impact it can have on other issues, for example your will. Ensuring the protection of your assets should be a key consideration following any important life changes such as marriage or divorce. By keeping your will valid and up to date also ensures that your wishes will be honoured.  

If you are prevented from earning a living by a restrictive covenant, it may be that the restrictive covenant in question is unenforceable. We can explore this with you. If your employment contract contains a non-compete restriction, this could prevent you from joining a competitor for a defined period following the termination of your employment. The length of the restriction is relevant to reasonableness and enforceability.

The starting position is that evidence of a person’s misconduct or disposition towards misconduct is deemed inadmissible and should not form part of any trial.

However, there are a number of ways in which this evidence may be admitted. The judge will consider the nature and severity of any prior misconduct, the number of past incidents, the time that has elapsed and their relevance to the allegations in question. The conduct of the accused during trial might also have a bearing on the decision to admit evidence of bad character.

The defendant and their legal representation must be prepared to ensure any application for its admittance is robustly opposed, and where the application is granted, to ensure the prejudicial effect is limited.

If we are struggling to reach you by phone we will leave a voicemail. However, if this is something you are concerned about please flag in your initial enquiry and we will avoid.