Campbell Stafford Solicitors, Belfast - Frequently Asked
Questions
- Have I been unfairly dismissed?
- Have I been discriminated against?
- How and where can I issue
tribunal/employment
proceedings?
- Are there any time limits for issuing
proceedings?
- Is Legal Aid available for Tribunal
proceedings?
- If I have an accident or want to take a
case and use my household insurance policy am I obliged to
accept the insurance panel solicitor?
- How long will it take to buy/sell my
property?
- What is involved in selling/buying a house?
- What is the fee for selling/buying a house?
1. Have I been unfairly dismissed?
You must have been employed for over a year by your employer
before you would be entitled to pursue such a case. Much will
depend on the circumstances, and for example, there has been a
breach of the employers own procedures. Advice can be sought
from a solicitor, the Labour Relations Agency or the Citizens
Advice Bureau.
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2. Have I been discriminated against?
Discrimination can occur where there has been less favourable
treatment on the grounds of gender/marital status, race, age,
sexual orientation, religion or political belief or disability.
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3. How and where can I issue
tribunal/employment proceedings?
Most employment cases are heard in the Industrial Tribunals and
Fair Employment Tribunal. The Tribunal can supply pamphlets
giving some guidance on Tribunal procedure.
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4. Are there any time limits for issuing
proceedings?
In most Tribunal proceedings, an IT1 Tribunal summons must be
issued within three months from the date the of action arose,
for example the date of dismissal or redundancy. Where a
grievance has been lodged the time limit can be extended by a
short period but advice should be sought urgently. For employers
there is a strict time limit for lodging a defence.
- Employment Tribunal - 3 months from the date the action
arose, for example the date of dismissal or redundancy.
- Personal Injury - 3 years from the date of accident
- Personal Injury (Children) - Children have a period of 3
years from the date they attain the age of 18
- Negligence - 3 years
- Breach of Contract - 6 years
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5. Is Legal Aid available for Tribunal
proceedings?
Legal Aid is not available in the Tribunal and legal
representation is funded in some cases by the Equality
Commission. In others, household insurance can be available for
example, if there has been a breach of contract, which could
include the employment context.
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6.
If I have an accident or want to take a case and use my
household insurance policy am I obliged to accept the insurance
panel solicitor?
You have the legal right to chose your own solicitor by virtue
of Section 6 (1) of the Insurance Companies (Legal Expenses
Insurance) Regulations 1990, which states: "Freedom to choose a
lawyer: (1) Where under a legal expenses insurance contract
recourse is had to a lawyer to defend, represent or serve the
interests of the insured in any proceedings, the insured shall
be free to choose that lawyer". Your insurance company is not
allowed to dictate to you which lawyer you retain for your case
regardless of any terms and conditions they might be seeking to
rely upon.
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How long will it take to buy/sell my property?
A straightforward conveyance will take 4 –6 weeks. If issues
arise such as lack of planning permission or building approvals
for works carried out to the property these may take time to
obtain thus lengthening the time it takes for the conveyance to
complete.
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8. What is involved in selling/buying a
house?
The vendor’s solicitors will need to obtain your title deeds,
draft contract, and obtain searches and property certificates.
The client will need to complete replies to pre contract
enquiries. All these are provided to the purchaser’s solicitors.
The vendor will also need to provide all planning permission,
building approvals and consent for any extension or alteration
to the property. Once the purchaser’s solicitor is satisfied
with all documents and has his client’s offer of mortgage then a
completion date is agreed and the offer to purchase is made. The
vendor will accept the offer to purchase and monies are sent to
the vendor’s solicitor on the completion date to enable them to
authorise the handover of keys.
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9. What is the fee for selling/buying a
house?
The professional fee is usually worked out as a percentage of
the purchase or sale price. There will be outlays such as
searches, property certificates, registration fees and stamp
duty. If you require an estimate of our fees please see the link
to the appropriate form.
[top] If you have any further
queries please do not hesitate to contact
us. |
