Helliwell v Entwistle – The Importance of Disclosure in Prenups

Prenuptial agreements have become increasingly popular among couples planning to marry, particularly where there is a disparity of wealth, inherited assets, or business interests to protect. This trend was encouraged by the Supreme Court’s landmark decision in Radmacher v Granatino [2010] UKSC 42, which confirmed that such agreements can carry substantial weight.

Despite their growing recognition over the past 15 years, prenuptial agreements are not automatically legally binding in England and Wales. The courts will generally uphold them only where they are entered into freely, with full appreciation of their implications, and where it is fair to do so in the circumstances.

A central requirement in this assessment is disclosure in prenups, which underpins both fairness and informed consent.

Helliwell v Entwistle is an important recent case that serves as a strong reminder of the importance of full and frank financial disclosure when entering into a prenuptial agreement.

Facts of the Case

The parties entered into a prenuptial agreement shortly before their marriage. The agreement provided for a so-called “drop-hands” outcome, whereby each party would retain their own assets and waive any claims against the other’s property on divorce.

The agreement expressly recorded that both parties had provided full and frank disclosure of their respective financial positions, as is standard practice in nuptial agreements.

However, during subsequent divorce proceedings, it emerged that the wife had failed to disclose a significant proportion of her wealth at the time the agreement was signed, amounting to approximately 73% of her total assets. These undisclosed assets included substantial business and property interests.

The husband sought to challenge the prenuptial agreement on the basis of this non-disclosure, arguing that it should not be upheld. The High Court rejected his arguments and upheld the agreement. The husband appealed to the Court of Appeal.

Judgment

The Court of Appeal allowed the husband’s appeal and set aside the prenuptial agreement, holding that it had been procured through material, deliberate, and fraudulent non-disclosure. As a result, the agreement could not be relied upon, and the case was remitted to the High Court for a fresh assessment of financial remedies without reference to the prenup.

Reasoning

The Court of Appeal based their judgment upon the following key considerations:

Disclosure as a fundamental condition: The agreement expressly stated that full and frank disclosure had been given. This was a fundamental premise on which the agreement was based. As this condition was not met, the agreement was founded on false assumptions.
Non-disclosure was material: The scale of the undisclosed assets, being around 73% of her assets, was substantial. The Court held that this was far from trivial and could reasonably have influenced the husband’s decision to enter into the agreement on the terms agreed.
Fraud and misrepresentation: The Court found that the non-disclosure was not just an accidental or inadvertent omission but amounted to deliberate and fraudulent misrepresentation.
Fairness and autonomy require transparency: While the courts respect personal autonomy and freedom of contract, true autonomy depends on informed decision-making. A party cannot be said to have freely entered into an agreement if they were materially misled.
Legal advice was insufficient to cure the defect: Though the husband had taken independent legal advice, this was not sufficient to remedy the effects of deliberate misinformation or concealment.

What does this mean?

This case highlights the importance of taking exceptional care to ensure full and frank disclosure of all assets when entering into a prenuptial agreement. While disclosure may seem disadvantageous, undesirable or sensitive, especially where business interests or family wealth are involved, failure to disclose may ultimately defeat the purpose of the agreement.

Additionally, it may risk exposing the parties to costly and time-consuming litigation in the future.

Though prenuptial agreements continue to gain recognition and popularity, they remain subject to judicial scrutiny to ensure fairness and protect weaker parties.

How we can help

Following Helliwell v Entwistle, the importance of careful drafting and full transparency and disclosure in prenups is clear. Our firm supports clients throughout the entire pre- or post-nuptial agreement process, including:

We ensure agreements are carefully drafted in accordance with current case law and tailored to the facts of each case, maximising the likelihood for the agreement will be upheld.
We guide clients through the disclosure process to help them identify all assets which should be disclosed, ensuring disclosure is clear, accurate, and properly document. This reduces the risk of allegations of concealment or misrepresentation.
We can review pre-existing nuptial agreements to identify potential issues, including assessing whether disclosure was sufficient. We can then advice on steps to mitigate risks, including preparing a new agreement where necessary.
Where disputes arise and a nuptial agreement is being challenged, we can provide strategic advice and support clients through negotiations or court proceedings.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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Citizenship Granted After Refusal Due to Alleged Deception

We were recently instructed by a client seeking to make a fresh application for British citizenship following a previous refusal. This case ultimately resulted in citizenship granted after refusal, despite serious allegations raised by the Home Office. The client held indefinite leave to remain and was married to a British citizen, thereby qualifying to apply for naturalisation under section 6(2) of the British Nationality Act 1981.

The client initially entered the UK on a spouse visa and, after completing the relevant qualifying period on the partner route, successfully obtained indefinite leave to remain. Prior to securing indefinite leave, she undertook the Life in the UK test. She did not pass on her first attempt and therefore rebooked the test at an alternative test centre. During the security process at that centre, concerns were raised by staff before the test commenced, and the client was asked to leave.

The client subsequently retook and passed the Life in the UK test at a different approved test centre. This result was accepted by the Home Office in support of her successful application for indefinite leave to remain.

At the beginning of 2024, the client’s first application for British citizenship was refused. The Home Office concluded that she did not meet the good character requirement, citing an alleged abuse of the Life in the UK or English language testing process and an alleged attempt to mislead a government department through the submission of fraudulent documents. The Home Office subsequently clarified that no concerns had been raised regarding the client’s English language test.

A reconsideration request was submitted shortly after the refusal but was unsuccessful. The client was subsequently misadvised by another firm to lodge an appeal with the First-tier Tribunal. As there is no statutory right of appeal against a refusal of British citizenship, the appeal was dismissed on jurisdictional grounds. The client remained unaware of these procedural limitations until she instructed our firm early last year.

Home Office Guidance – Deception in Previous Applications

The relevant Home Office guidance makes clear that an application will normally be refused where there is evidence that a person has employed deception either during the citizenship application process or in a previous immigration application within the preceding 10 years. The guidance further states that it is irrelevant whether the deception was material to the grant of leave, and that any deception is regarded as continuing until the date on which it is discovered or admitted.

This represents a significant hurdle for any applicant, as the Home Office is entitled to treat alleged past irregularities as a serious factor weighing against the grant of citizenship. In our client’s case, the previous refusal was framed by the Home Office as an allegation of deception, which placed her fresh application in a high-risk discretionary category.

Our involvement (what we did)

At the outset, we advised the client that a fresh citizenship application would be discretionary and that the matter presented challenges in light of the previous allegation of deception. We explained that submitting a fresh application would allow for full reconsideration of the evidence and preserve the option of pursuing judicial review if necessary. Notwithstanding these challenges, our primary objective was to prepare the strongest possible application and invite the Secretary of State to exercise discretion favourably.

Upon receipt and analysis of the disclosed material, we prepared comprehensive legal representations addressing each statutory requirement for naturalisation, with particular emphasis on the good character assessment. The application was supported by extensive documentary evidence, including employment and tax records demonstrating sustained lawful activity in the UK and multiple independent character references from individuals with long-standing knowledge of the client.

We also provided corroborative evidence addressing the specific allegation relied upon in the previous refusal, including correspondence from relevant test providers, disclosure material obtained through the subject access request, and contextual evidence explaining the circumstances of the disputed incident. In addition, we relied on the fact that the client’s successful Life in the UK test had already been accepted by the Home Office when granting indefinite leave to remain, which significantly undermined the basis of the earlier adverse finding.

The application was submitted in late 2025, accompanied by detailed legal representations and a structured bundle of supporting documents. We specifically requested that the application be reviewed by a senior caseworker in light of the legal issues raised.

Outcome

The application was granted just over three months after submission.

Conclusion

This case underscores the importance of meticulous legal analysis and strategic preparation in British citizenship applications, particularly where allegations of deception or adverse character findings have previously been made. It demonstrates that, with robust evidence, well-structured legal submissions, and a clear understanding of Home Office discretion, it is possible to successfully challenge adverse conclusions and secure a positive outcome for eligible applicants.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

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James Cook

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Fraudulent Misrepresentation: What Clients Need to Know After Credit Suisse Life v Ivanishvili

We frequently receive enquiries from clients who believe they were misrepresented into entering contracts they would never otherwise have agreed to. These situations arise across a wide range of transactions – investment products, insurance arrangements, commercial agreements and property dealings – often involving trusted advisers or long-standing professional relationships.

A recent and significant Privy Council decision, Credit Suisse Life (Bermuda) Ltd v Ivanishvili and others , provides welcome clarity on the law of fraudulent misrepresentation. The judgment cuts through a number of misconceptions and confirms that the courts will focus on commercial reality rather than artificial technical hurdles.

The legal foundation: fraudulent misrepresentation

Fraudulent misrepresentation (or deceit) requires four core elements:

A representation of fact, whether express or implied
Falsity
Dishonesty – knowledge of falsity, lack of belief in truth, or recklessness
Inducement – the representation caused the claimant to enter the contract and suffer loss

While these principles are long-established, Ivanishvili is particularly important in clarifying how they are applied in practice.

No need for conscious awareness

One of the most powerful aspects of the decision is the Privy Council’s rejection of the argument that a claimant must show conscious awareness of the misrepresentation at the time it was made.

The Court confirmed that this is not a legal requirement. What matters is whether the representation operated on the claimant’s mind and induced the transaction – even if the claimant could not later identify or articulate it as a distinct statement.

As the Privy Council made clear, it is a mistake to elevate evidential issues into rigid legal requirements. In many real-world transactions, particularly complex financial or advisory arrangements, representations are absorbed implicitly rather than consciously analysed.

Implied representations carry real weight

The decision also underlines that fraudulent misrepresentation is not limited to express statements. Implied representations – conveyed by conduct, structure, or the very nature of a proposal – can be just as powerful.

In Ivanishvili, the act of proposing an investment structure carried an implied representation that the assets would not be handled dishonestly. That implication was false, known to be false, and relied upon. That was enough.

This is especially relevant where advisers, intermediaries or institutions present products within an established relationship of trust. The law recognises that trust itself can be the mechanism by which misrepresentation operates.

Reliance: substance over form

The Privy Council reaffirmed that a claimant does not need to prove that the misrepresentation was the sole or dominant reason for entering into the contract. It is sufficient that it was a real and effective cause.

Equally important, acting on an “unconscious assumption” does not defeat a claim. The law is concerned with causation in substance, not artificial distinctions about how beliefs are formed.

Why this decision matters

For claimants, this judgment is a strong signal that the courts will not allow dishonest parties to escape liability through technical arguments divorced from commercial reality.

For defendants, it is a clear warning that misrepresentation claims will be assessed by reference to the true effect of representations, not by narrow argument about wording.

Our approach

Fraudulent misrepresentation claims are fact-sensitive and often hard-fought. Early strategic advice is critical – both in assessing prospects and in framing the claim in a way that reflects how the courts now approach inducement and reliance.

This decision sends a clear message: where a party is dishonestly induced into a contract, the law provides strong remedies. The focus is on what really happened, not technical obstacles.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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UK to Rejoin the EU’s Erasmus+ Programme from 2027: What Are the Key Implications for Students?

Recently, the Department for Education (DfE) has announced that the United Kingdom will rejoin the Erasmus+ programme from 2027. This marks a significant development in the UK’s post-Brexit education and international mobility policy. The decision is expected to reopen structured study and exchange opportunities between the UK and European institutions, benefiting students, educational providers, and training organisations across both the UK and Europe.

What is the Erasmus+ programme?

Erasmus+ is the European Union’s long-standing programme supporting international student exchanges, academic placements, and educational cooperation across Europe, which aims to wide access to study and training abroad for learners from all backgrounds, including higher education students, apprentices, further education learners, and adult learners, as well as education, youth, and sports professionals. It enables students to study abroad at partner universities and higher education organisations by offering grants to help with living costs. British students will be able to spend a year studying at European universities as part of their UK degree courses without paying extra fees, and vice versa for European students.

Under Erasmus+, students enrolled at participating institutions can study or train abroad for a defined period, often without paying additional tuition fees to the host institution, which are covered by the EU. The programme also provides financial support and administrative coordination, making international study more accessible and predictable. The programme will create educational and training opportunities for British apprentices, further education students and adult learners, as well as those in higher education. The government will work closely with institutions and young people to maximise take-up – particularly among disadvantaged groups.

Under the current announcement, in 2027–2028 academic year, British students will once again be able to spend part of their degree studying at European universities, and European students will be able to study in the UK under the same framework. Opportunities will also extend beyond higher education, including work placements with European companies for apprentices and further education students. A UK-based national agency will oversee the programme’s implementation, working closely with institutions to encourage participation, particularly among disadvantaged groups.

What Will be the Impact on Students and Immigration?

The return of Erasmus+ is expected to reduce barriers to international study for both UK and EU students.

For European students wishing to study or train in the UK, Erasmus+ participation may enhance academic experience and improve future prospects under UK post-study immigration routes, such as the Graduate Route or, where applicable, the Skilled Worker route.

Erasmus+ placements are typically short-term and clearly defined, which can make immigration planning more straightforward compared to longer independent study arrangements. UK universities may also see renewed interest from EU students, contributing to greater diversity within the higher education sector.

However, it is important to note that participation in Erasmus+ does not remove the need for appropriate immigration permission. Visa requirements will continue to apply depending on the student’s nationality, length of stay, and nature of the visit.

Our Recommendations

Students considering study or exchange opportunities from 2027 onwards should begin planning early and stay informed as further guidance is released. Immigration requirements, visa conditions, and permitted activities must be carefully reviewed to ensure compliance with UK immigration rules.

Lisa’s Law Immigration team will continue to monitor policy updates and provide further guidance as details of the scheme’s implementation become available. Should you need further advice on student visas or education-related immigration matters, please feel free to contact our immigration team.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Why Lender’s Consent Matters

Where a commercial property is mortgaged, the landlord will usually need the lender’s consent before granting a lease. This is because the lender has a financial interest in the property and will want to protect its security. Failing to obtain that consent at an early stage can create legal and practical problems for both landlord and tenant, particularly where the lease is long term or needs to be registered.

When a property is subject to a mortgage or charge, things to bear in mind are as follows:

Protecting the Mortgage Security

The lender has a legal interest in the title. Most funding agreements require the Landlord to obtain the lender’s consent before granting a lease, especially when the lease is long term. Without consent, the mortgage arrangements may be breached and the lender’s security position compromised.

Lease Registration Requirements

For leases with terms over seven years, the lease must be registered at the HM Land Registry. If a lender’s charge is registered against the property, there will typically be restriction on the landlord’s title that prevents registration against the lease without lender’s consent. Without that consent, the lease may not be capable of registration, meaning the tenant would not acquire the legal title to the lease.

Risks if Consent is not Obtained

If consent is not obtained;

(a) the lease may be ineffective against the lender. If the landlord defaults on the mortgage or the lender takes possession (e.g. appoints a receiver), the lender could sell the property free of the lease, leaving the tenant without security of tenure.

(b) the tenant’s application to register the lease at the Land Registry may be refused or cancelled due to the restriction on the Landlord’s title.

(c) enforcement actions by the lender (even where there is no default) may be easier if the lease was granted without proper consent.

(d) Lenders are under no statutory obligation to grant consent and may take time to consider, potentially delaying completion if raised too late in the negotiation.

Practical Considerations

(1) Raise consent issues early because lenders are not obliged to respond quickly or grant consent, Solicitors often advise that consent matters be raised at the outset of the lease negotiations to avoid unnecessary delays or complications at completion.

(2) Even leases of seven years or less can require consent where they grant easements or other rights to be registered.

(3) Managing the expectation of prospective tenants is very important because their objective is to get the lease transaction completed as fast as possible. Hence, it is important to take a step back to ensure that the landlord’s lender has provided his consent to the grant of the lease.

(4) Requirement of the loan can be amended by the landlord negotiating its funding agreements with the lender to the effect that certain specified short leases can be granted without needing the lender’s consent and would be reflected in the restrictions on the title.

Takeaways

(1) Do not undervalue the importance of obtaining the consent of the Landlord’s Lender because the lender is not obliged to provide a decision quickly or even grant a lease.

(2) Prospective tenants tend to be impatiently eager about completing the process as quickly as possible. (3) It is recommendable that tenants raise this issue quite early in the negotiation to avoid unnecessary delays.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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Getting a Divorce – How Long Does it Take?

The first working day of January is colloquially known as ‘Divorce Day’, owing to the perception that the number of divorce enquiries surge on this day. While this is not strictly true, early January does consistently see an increase in the number of enquiries relating to divorce in England and Wales. Part of this is due to the pressure and strain that Christmas often causes through extended time together, as well as the financial stress of the period. As a result, the New Year often presents a natural reset point to reassess a married couple’s relationship.

In this article, we will explain the key stages of the divorce process in England and Wales, what the stages and timeframes involve, and how Lisa’s Law can help.

The Divorce Process in England and Wales

Divorce in England and Wales follows a defined legal process under the no-fault divorce system, which applies to all divorce applications issued since 6 April 2022. This means that neither party is required to prove wrongdoing, and a divorce can proceed on the basis that the marriage has irretrievably broken down, which is established by a statement from either or both parties. This statement is considered conclusive evidence, and no additional proof is required to demonstrate the breakdown of the marriage.

The process is generally straightforward where both parties cooperate and there are no disputes.

Stages of the Divorce Process

The key stages are as follows:

Submitting the Divorce Application –

We will prepare and submit your divorce application to the Court on your behalf as the applicant.

Acknowledging the Divorce –

Once the Court issues the application, it will send a copy to your spouse (the respondent), who must confirm whether they intend to dispute the divorce.

Applying for the Conditional Order –

A mandatory 20-week reflection period follows the issuance of the divorce application. This time allows both parties to consider their decision and address arrangements for children, finances, and other matters. After this period, we can apply for a Conditional Order on your behalf.

Applying for the Final Order –

After the Conditional Order is granted, a further six-week waiting period is required before applying for the Final Order, which legally dissolves the marriage.

How Long Does a Divorce Take?

On average, the divorce process itself in England and Wales typically takes around 10 to 12 months. However, this may vary depending on court workload and whether any complications arise. However, the timeframe may vary depending on:

Court processing times
Whether the application is sole or joint
Any delays in acknowledgment by the respondent

It’s important to note that issues relating to finances or children are dealt with separately and may cause additional delays. If you and your spouse cannot agree on these matters, contested proceedings can take up to two years to resolve.

What Happens to Finances During a Divorce?

Financial matters are dealt with separately from the divorce itself. While obtaining a Final Divorce Order brings the marriage to an end, but it does not automatically resolve financial claims between spouses.

Financial matters may include:

The family home and other property
Savings and investments
Pensions
Debts and liabilities

To achieve certainty, financial arrangements must either be agreed by both parties and formalised in a Financial Consent Order, or determined by the Court if agreement cannot be reached. Without a formal settlement order, financial claims can remain open indefinitely, even after the divorce is finalised.

It is therefore important to consider financial matters at an early stage of the divorce process. Legal advice can help ensure that any agreement reached is fair, legally binding, and provides long-term certainty.

What Happens to Children During a Divorce?

As is the case with financial arrangements, arrangements for children are also dealt with separately from the divorce itself.

The divorce process does not determine where a child will live, how much time they spend with each parent, or how parental responsibility is exercised.

In many cases, parents are able to reach agreement about child arrangements without Court involvement. Where this is possible, the focus is on the child’s welfare and maintaining stability in their day-to-day life. In fact, the Court encourages both parties to reach an agreement and only apply to the Court where it is necessary to do so.

If agreement cannot be reached, either parent may apply to the Court for a Child Arrangements Order. When making any decision, the Court’s overriding consideration is the best interests of the child. Before applying for the court order, you are legally required to attend a Mediation Information and Assessment Meeting, unless you are exempt or applying for a consent order.

Early legal advice can help parents understand their options, avoid unnecessary conflict, and work towards practical arrangements that support their child’s wellbeing.

How much do you charge for a non-contentious divorce?

Our legal fee for a straightforward, uncontested divorce is £750 plus VAT, on the basis that:

Both parties agree to the divorce
There is no dispute over the grounds for divorce
There is no disagreement regarding children or finances
Your spouse does not cause any undue delay in the proceedings

In addition to our legal fee, there is a court fee of £612 which is payable at the time of issuing the divorce application.

If your Marriage Certificate is not in English, it must be translated by a qualified interpreter.

Please note that these costs apply only to the divorce itself. Any additional legal work relating to financial settlements or child arrangements will be charged at our hourly rate of £300 plus VAT, and we will be able to offer a fixed fee wherever possible.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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Why Warnings Without Consequences Fail: The Essential Guide to Progressive Employee Discipline in UK Workplaces

When managing employee misconduct, understanding proper disciplinary procedures is crucial for UK employers. A responsible employer faced with employee performance issues or misconduct typically follows a clear process: issue warnings, provide reasonable opportunities for improvement, and only then consider dismissal. Threatening dismissal without proper employee discipline procedure is both inappropriate and legally risky under employment law.

However, there’s an equally dangerous trap many employers fall into: issuing endless warnings without escalating disciplinary action. This approach to employee discipline is fundamentally flawed and can severely undermine your ability to manage staff effectively, potentially leading to unfair dismissal claims at employment tribunal. Without progressive consequences, warnings become meaningless, and problematic workplace behaviour becomes normalised.

The Problem with Repeated Warnings

When employers warn employees repeatedly without following through with consequences, they inadvertently condone the problematic behaviour. This creates a dangerous precedent. The employee can legitimately argue: “I’ve always done this, and you’ve never taken action before—why now?”

A Common Scenario

At our law firm, we frequently encounter frustrated employers who tell us they’ve issued eight, ten, or even more warnings to an employee who continues to breach company policies. They’re now ready to dismiss the individual.

But when we ask critical questions, the picture becomes clearer:

“Did you specify what would happen if the behaviour continued?” Usually, no.
“When they breached the rules again, did you implement the consequences you’d warned about?” Again, no.
“Did you escalate the disciplinary process?” Rarely.

These employers simply repeated the same warning, hoping the message would eventually sink in. It doesn’t work.

Why This Approach Backfires

Warnings without escalation send a clear message to employees: there are no real consequences for misconduct. After repeated warnings with no action, the employer’s tolerance becomes the new standard. Legally, this can be interpreted as the company accepting the behaviour.

The employee develops a reasonable expectation that their conduct, whilst warned about, won’t actually result in serious consequences. This makes any subsequent dismissal much harder to justify at an employment tribunal.

The Correct Approach: Progressive Disciplinary Action

Effective employee management requires a structured, escalating response to misconduct:

Stage 1: Informal Discussion or Verbal Warning

Address the issue early with a conversation. Document what was discussed and the expected improvements.

Stage 2: First Written Warning

If the behaviour continues, issue a formal written warning. Clearly state:

The specific misconduct
The required improvements
The timeframe for improvement
The consequences of further breaches

Stage 3: Final Written Warning

For continued or repeated misconduct, escalate to a final written warning. Make it absolutely clear that further issues may result in dismissal.

Stage 4: Disciplinary Hearing

If problems persist, convene a formal disciplinary hearing. Give the employee the right to be accompanied, present evidence, and respond to allegations.

Stage 5: Dismissal (if appropriate)

Only after following proper procedure should dismissal be considered. Ensure you have:

Clear evidence of misconduct
Documentation of all previous warnings and meetings
Evidence the employee was given opportunities to improve
Followed your company’s disciplinary policy

The Golden Rule: Policies Mean Nothing Without Enforcement

Even the most comprehensive company policies are worthless if not consistently applied. Your disciplinary procedures exist to protect both the business and employees by ensuring fair treatment.

Key Principles for Employers

Consistency: Apply rules fairly across all staff members
Clarity: Employees must understand what’s expected and the consequences of non-compliance
Be progressive: Escalate action appropriately—don’t jump straight to dismissal, but don’t issue endless identical warnings either
Be documented: Keep written records of all disciplinary steps
Timeliness: Address issues promptly; don’t let problematic behaviour become normalised

When Can You Skip Steps?

In cases of gross misconduct—such as theft, violence, serious breach of safety rules, or fraud—you may be justified in moving directly to dismissal without previous warnings. However, you must still:

Conduct a proper investigation
Hold a disciplinary hearing
Allow the employee to respond to allegations
Consider all evidence fairly

The Cost of Getting It Wrong

Failing to follow proper disciplinary procedures can result in:

Successful unfair dismissal claims at employment tribunal
Significant compensation awards
Damage to your company’s reputation
Low morale amongst other staff members
Difficulty enforcing policies in future

Legal Support for Employment Matters

Managing employee discipline effectively requires understanding both employment law and practical HR management. Each case has unique factors that must be carefully considered.

If you’re struggling with employee performance or conduct issues, or if you’re unsure whether your disciplinary procedures are legally sound, seeking expert legal advice early can save considerable time, money, and stress.

Our employment law team regularly advises both employers and employees on disciplinary matters, ensuring fair treatment and legal compliance throughout the process.

Need guidance on employee discipline or dismissal procedures? Contact our employment law specialists for tailored advice on your specific situation. Early intervention can prevent costly tribunal claims and help maintain positive workplace relations.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Should You Go to a Police Interview Without a Lawyer?

If the police ask you to come in for an interview, it is natural to feel nervous. You may think that going in and telling your side of the story will clear everything up. But the truth is, what you say in a police interview can have serious consequences later on. That is why it is important to understand your rights and speak to a lawyer first.

What Is a Police Interview?

A police interview is a formal process. It is recorded. The police will ask you questions while reading you a caution. You may have heard this before: “You do not have to say anything, but it may harm your defence if you do not mention something now which you later rely on in court.”

This is not just a warning. It has legal meaning. If you stay silent in the interview but later give an explanation in court, the court may doubt your new story. This is known as an “adverse inference.”

What Does Adverse Inference Mean?

It means the court is allowed to take your silence in the interview as a reason to believe that your later explanation is not true. This can be damaging, especially if your defence depends on something you did not mention at the start. That is why having legal advice before and during the interview is so important.

What Is a Voluntary Interview?

Sometimes the police will ask you to come in for a voluntary interview. You are not under arrest. You can technically leave at any time. But do not be fooled by the word “voluntary.” These interviews are still serious. Everything is recorded. Anything you say may be used as evidence if the case goes to court.

Many people do not realise that they can have a solicitor present even at a voluntary interview. And it is free if you use a lawyer that the police provides you. You do not have to pay for a lawyer in this situation.

Do I Have to Go to a Voluntary Interview?

You cannot be forced to attend. But if you refuse, the police may decide to arrest you instead. That is why you should always speak to a solicitor first. A solicitor can speak to the police on your behalf. In some cases, it may be better to wait. In others, it may be better to go and explain with legal support.

Why a Solicitor Can Make a Big Difference

Asking for a solicitor does not make you look guilty. It shows that you understand your rights. A solicitor will do the following:

Ask the police what the interview is about
Advise you whether to speak or stay silent
Make sure your rights are protected during the interview
Help you avoid giving answers that may be unclear or used against you later

Police interviews can be fast and confusing. You may be asked unexpected questions. You may feel pressure to give answers quickly. Having a solicitor with you gives you time and guidance so you do not say something you later regret.

What Should You Do?

If you are contacted by the police, do not panic. Do not ignore it either. Speak to a solicitor straight away. You are entitled to free legal advice in interviews, whether you have been arrested or invited in voluntarily.

At Lisa’s Law, we help people through the police interview process. We talk to the police, explain your options, and go with you to the interview to make sure your rights are protected. If you need help, contact us as soon as possible.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Blue Sky Greet Crypto Fraud: Victim Recovery Claims Under the Proceeds of Crime Act

The Blue Sky Greet crypto case is one of the largest international crypto-fraud matters to reach the English courts. Substantial amounts of suspected criminal proceeds were converted into Bitcoin and transferred to the UK by so-called “Cryptoqueen” Qian Zhimin, where they are now subject to civil recovery proceedings.

POCA s.281 – Claims by Victims

Under Section 281 of the Proceeds of Crime Act 2002 (POCA), victims may apply to the High Court for a declaration that the restrained assets belong to them.
To succeed, a claimant must show:

a proprietary interest in the seized crypto assets;
clear tracing evidence linking their funds to the Bitcoin held in the UK;
no competing public-interest reason for confiscation.

While effective for a small number of victims with strong evidence, s.281 claims can be complex and costly.

The Proposed Compensation Scheme

Given the scale of the fraud and the number of victims, the Crown Prosecution Service has proposed a court-supervised compensation scheme. A trustee is expected to be appointed to:

review victim claims,
manage or liquidate the crypto assets,
distribute compensation fairly.

This scheme is likely to become the main recovery route for most victims and is designed to simplify access to compensation without individual High Court litigation.

What Victims Should Do Now

Victims should begin gathering evidence, including transaction records, bank statements, wallet histories, and communications. Early preparation will be essential once the compensation process formally opens.

Our firm is closely following the case and advising victims on their recovery options, including s.281 applications and preparation for the upcoming compensation scheme.

If you or your clients have been affected by the Blue Sky crypto scheme, please contact us for tailored advice.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

End of Year Highlights 2025

2025 has proved to be another exceptional year for Lisa’s Law, with the firm achieving excellent results despite each area of the legal sector facing its own distinct challenges.

Throughout the year, our teams have continued to deliver high-quality, practical advice to clients across a wide range of matters, while adapting to regulatory change, market pressures and evolving client needs.

In this article, we take a brief look at some of the key achievements from each of our departments:

Immigration
Conveyancing
Litigation
Family and Private Client

Together, these highlights reflect the breadth of our expertise, the dedication of our staff and our continued commitment to putting clients at the heart of everything we do.

Conveyancing

The team continues to expand at a rate of 20% compared to last year – we handled more than 2,000 cases with a total transaction value of near £1BN.
Lisa’s Law Conveyancing is a strong team of more than 30 team members with a further addition of 5 new conveyancing solicitors in 2025 alone.
The team provides full range of conveyancing services which includes freehold and leasehold properties, new build and second-hand transactions, sale, buy or equity transfer cases.
The team expects to continue to expand at the same rate and endeavours to serve more clients in the new year.

We also added a free conveyancing quote tool to our website, streamlining the process for our clients. This allows clients to receive instant quotes for buying a property, selling a property, remortgaging, as well as transfer of equity.

Click here to try it out.

Immigration

2025 Highlights

Assisted in over 1,200 immigration matters
Maintained an 85% success rate on appeals
Retained our Legal 500 ranking in Personal Immigration and our Client Satisfaction Mark
Reached 1,500 Google Reviews with a 4.9-star rating

Notable Success Stories

Secured the release of multiple clients from detention, reuniting them with their families after prolonged separation.
Successfully challenged the Home Office on several illegal refusals of claims, overturning incorrect decisions.
Assisted numerous UK businesses in obtaining Sponsor Licences to navigate the new skilled worker shortage lists.

My Comments

2025 has been a demanding year for anyone involved in UK immigration. We faced a host of immigration changes in July, which brought significant restrictions, including higher salary thresholds for Skilled Workers, bans on dependants for many lower-skilled roles, and the end of overseas recruitment for social care. On top of that, the November updates introduced tighter suitability checks that have made applications more rigorous.

We also spent much of the year guiding clients through the transition from physical BRP cards to e-Visas. This was a complicated switch for many, but our team worked hard to ensure nobody was left behind before the deadlines.

Despite these tougher rules, we have seen no drop in demand. We assisted with over 1,200 cases this year while maintaining an 85% success rate on appeals. What I am most proud of is that while the volume of work increased, our standards did not drop. Reaching 1,500 Google reviews with a 4.9 rating is a huge milestone for us. It shows that even when the law gets harder, our clients still feel supported.

We were also pleased to retain our Legal 500 ranking and the Client Satisfaction mark. This mark is only awarded to 10% of ranked firms, so holding onto it validates the hard work the team puts in every day.

Looking forward, 2026 looks set to be just as active. We are preparing for the full rollout of the Electronic Travel Authorisation (ETA) scheme in February. We are also keeping a very close eye on reports regarding the settlement route potentially increasing from 5 to 10 years this April. Regardless of these announcements, we remain determined to help you understand the changes and find the best path forward.

Litigation

As 2025 draws to a close, Lisa’s Law Litigation Team — now comprising over 10 experienced members under the leadership of Frankie Ng, head of Litigation — reflects on a year marked by significant milestones across both civil litigation and criminal defence.

This year, our robust civil litigation practice delivered outstanding results for our clients. We achieved a series of favourable outcomes in complex tenancy and property disputes, including cases involving evictions, rent arrears, breaches of tenancy, transfers of ownership of property as a gift, and party-wall issues. We also successfully settled a trespass matter and a historical boundary dispute, achieving a favourable resolution for our client and partially recovering legal costs. Our deep expertise in this area continues to be a decisive advantage for our clients.

Beyond property law, we effectively represented clients in a diverse range of commercial disputes, including debt collection, insolvency actions, construction and employment issues. Whether securing a favourable judgment in court or negotiating an amicable settlement, our focus remained unwavering: to achieve the most beneficial outcome for our clients.

Our criminal defence practice experienced substantial growth and secured landmark victories in 2025. We successfully defended a client in a high-stakes serious sexual offence trial, resulting in a full acquittal. Our team also demonstrated its prowess in complex financial crime, successfully resisting forfeiture order applications in money-laundering cases. These successes, driven by our dedicated and experienced criminal practitioners, have cemented our reputation and led to a steady increase in instructions.

As we move into the new year, we remain committed to delivering strategic, pragmatic and client-focused litigation services across this broad spectrum of practice areas.

Family

Family & Private Client Department: 2025 End-of-Year Thoughts

In 2025, our Family & Private Client Department achieved a significant milestone by securing WIQS accreditation—a recognised standard of excellence in will-writing, estate planning, and probate services. This accomplishment underscores our commitment to delivering exceptional client care, technical expertise, and transparency.

As the year concludes, we are proud to highlight key achievements:

Assisted with more than 90 new matters across divorce, financial settlements, child arrangements, and private client work.
Managed a notable rise in high-value financial cases, including complex issues involving international assets and multi-jurisdictional trusts.
Expanded our Private Client practice, drafting numerous wills and successfully administering probate matters.
Achieved resolution by consent order in over 85% of eligible cases, saving clients significant time and costs.

One standout success was a highly complex financial remedy case involving international property portfolios, business interests, and trust structures. Through a collaborative, multi-disciplinary approach, we secured a fair and forward-looking settlement that safeguarded our client’s financial stability while ensuring arrangements that supported children’s wellbeing across two jurisdictions. This case exemplifies our ability to handle high-stakes, emotionally charged matters with discretion, technical excellence, and a client-focused approach.

About Our Department

We provide specialist, sensitive, and practical advice on all aspects of family and private client law, including:

Divorce and separation
Financial settlements and complex asset division
Child arrangements and parental disputes
Wills, estate planning, and tax considerations
Probate and estate administration
Pre- and post-nuptial agreements
Cohabitation matters
Cross-border and high-net-worth issues

Our mission is to offer clear guidance, minimise conflict, and protect our clients’ futures with confidence and care.

As 2025 draws to a close, we celebrate the resilience, compassion, and professionalism of our team during a year of meaningful growth. We remain deeply grateful for the trust our clients place in us and look forward to delivering clear, compassionate, and forward-thinking support in 2026.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

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January 15, 2026

Helliwell v Entwistle – The Importance of Disclosure in Prenups

January 14, 2026

Citizenship Granted After Refusal Due to Alleged Deception

January 12, 2026

Fraudulent Misrepresentation: What Clients Need to Know After Credit Suisse Life v Ivanishvili

January 8, 2026

UK to Rejoin the EU’s Erasmus+ Programme from 2027: What Are the Key Implications for Students?

June 17, 2024 June 17, 2024

News and Insights

Facts of the Case

Judgment

Reasoning

What does this mean?

How we can help

Have questions? Get in touch today!

Home Office Guidance – Deception in Previous Applications

Our involvement (what we did)

Outcome

Conclusion

Have questions? Get in touch today!

The legal foundation: fraudulent misrepresentation

No need for conscious awareness

Implied representations carry real weight

Reliance: substance over form

Why this decision matters

Our approach

Have questions? Get in touch today!

What is the Erasmus+ programme?

What Will be the Impact on Students and Immigration?

Our Recommendations

Have questions? Get in touch today!

Protecting the Mortgage Security

Lease Registration Requirements

Risks if Consent is not Obtained

Practical Considerations

Takeaways

Have questions? Get in touch today!

The Divorce Process in England and Wales

Stages of the Divorce Process

How Long Does a Divorce Take?

What Happens to Finances During a Divorce?

What Happens to Children During a Divorce?

How much do you charge for a non-contentious divorce?

Have questions? Get in touch today!

The Problem with Repeated Warnings

A Common Scenario

Why This Approach Backfires

The Correct Approach: Progressive Disciplinary Action

Stage 1: Informal Discussion or Verbal Warning

Stage 2: First Written Warning

Stage 3: Final Written Warning

Stage 4: Disciplinary Hearing

Stage 5: Dismissal (if appropriate)

The Golden Rule: Policies Mean Nothing Without Enforcement

Key Principles for Employers

When Can You Skip Steps?

The Cost of Getting It Wrong

Legal Support for Employment Matters

Have questions? Get in touch today!

What Is a Police Interview?

What Does Adverse Inference Mean?

What Is a Voluntary Interview?

Do I Have to Go to a Voluntary Interview?

Why a Solicitor Can Make a Big Difference

What Should You Do?

Have questions? Get in touch today!

POCA s.281 – Claims by Victims

The Proposed Compensation Scheme

What Victims Should Do Now

Have questions? Get in touch today!

Conveyancing

Immigration

2025 Highlights

Notable Success Stories

My Comments

Litigation

Family

Family & Private Client Department: 2025 End-of-Year Thoughts

About Our Department

Have questions? Get in touch today!

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