Court dismisses judicial review claim by former members of Saddam Hussain’s Ba’ath Party on grounds of “good character”

By Zeyu Huang

A husband and wife of Iraqi origin were recently refused judicial review of a decision by the Home Secretary to decline their applications for naturalisation on the grounds of good character. The Secretary of State claimed that their behaviour since arriving in the UK in 2008 and 2009 did not outweigh the fact that they had been loyal members of the Ba’ath Party under Iraqi despot, Saddam Hussein.

But what is meant by “good character”?

Generally, this means that you have followed laws and respected the country’s rights and freedoms. This includes paying your income tax and National Insurance contributions, and passing background checks, to name but a few.

Section 6(1) of the British Nationality Act 1981 (BNA) provides:

‘if, on an application for naturalisation as British citizen made by a person of full age and capacity, the Secretary of State is satisfied that the applicant fulfils the requirements of Schedule 1 for naturalisation as such a citizen under this subsection, he may, if he thinks fit, grant to him a certificate of naturalisation as such a citizen.’

Paragraph 1(1) of schedule 1 to the BNA provides:

‘subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it

(b) that he is of good character

Background

The claimants are husband and wife. The wife is a stateless person born in Iraq on 15 August 1972, and the husband is an Iraqi national, born on 23 December 1961. The claimants were married in 2001, and had three children together. Both claimants have indefinite leave to remain in the UK.

The wife rose in status and responsibility from mere attendance at meetings to the giving of lectures to members. Her presence in Iraq became illegal after the fall of Saddam Hussein. She and her three children were subjected to the threats. The husband had reached the higher rank of Udw Firqa, that he would give lectures to low-ranking Ba’ath party members about the party’s aims and objectives, and that he was in charge of recruitment of new members within their local headquarters.

Persons were required to be a supporter of the Ba’th party in order to attend university and were also required to be a Ba’ath party member to work at a university, as the wife subsequently did. It was necessary for the husband to join the Ba’ath party in order to become approved as a teacher. The privileges the couple received were as a consequence of the wife’s work as a lecturer.

Decision

In this case, the Administrative Court dismissed the claim for judicial review of the defendant Secretary of State’s decision to refuse the claimants’ applications for naturalisation on the grounds that she had not been satisfied that the claimants, an Iraqi couple, had been of good character. By that decision, the defendant had concluded that ‘countervailing factors’ in the claimants’ personal circumstances and conduct, since entering the UK in 2008 and 2009, had not outweighed evidence that the claimants had ‘served as loyal and trusted members of the Ba’ath Party’. Among other things, the court held that:

the defendant had not been required by her own 2020 guidance, ‘Nationality: good character requirement – version 2’ (the Guidance), to consider whether the claimants’ had been responsible for, or had close associations with, war crimes or crimes against humanity;
the Guidance had specifically identified that ‘membership of a particular group may be sufficient’ to cast serious doubts on the claimants’ characters; and
the defendant had considered multiple mitigating circumstances relating to the claimants’ membership of the Ba’ath party, namely, the first claimant had belonged to the pan-Arab side of the party, membership had been obligatory for the claimants as a university lecturer and a teacher, and they had not been aware of any atrocities which had been committed by the party.

Our comments

It is for the claimant to demonstrate to the Secretary of State that they are of good character. When considering good character, it concerns but not only concerns: ‘criminality, international crimes, terrorism and other non-conducive activity, financial soundness, notoriety, deception and dishonesty, immigration-related matters and deprivation’. Previous crimes against humanity will adversely impact on naturalisation.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

My former spouse owns a business, can I get half of the business interests after divorce?

When a divorce occurs, couples need to consider many areas. Each of these comes with its own complexity, one of which concerns business interests and assets.

If some business assets are involved between a husband and wife, for example, both parties jointly hold a company or one party alone owns a business, how should these asset interests be divided? In today’s family law article, Let’s take a look at what should divorced couples do when business assets are involved in the divorce.

Are business interests considered shared assets in a divorce?

Business interests between a husband and wife can take different forms, such as shares or debentures in a limited company, shares in a partnership, or a sole proprietorship.

In England, Wales and Northern Ireland, a business interest will generally be considered a matrimonial asset by the courts, and its value will therefore need to be added to the marital estate pool. It doesn’t matter which spouse started or ran the business.

That is, if you start a business, even if your spouse has never been involved in running the business, the business interests in the business are included in the divorce settlement and need to be shared fairly between the parties. Of course, as with other assets, there are some exceptions to this rule, depending on the specific circumstances of each case.

How do courts treat business assets in financial settlements?

Generally speaking, the court must aim at a fair outcome and use its best endeavours to meet at least the basic day-to-day needs of the parties and any children.

The courts will not destroy your business while handling a divorce case. Generally, if the business is established by one spouse and then managed independently, the courts will usually try to ensure that that spouse fully retains the business. Often this is the sole or main job of an individual, so by dividing up the business or forcing them to sell it can mean depriving them of their livelihood. Courts are unlikely to view this as a sensible or fair outcome.

If this is the case, then the spouse who owns the business does not necessarily need to share that business interest with their ex. However, they may have to give up alternative assets, for example, their share in the marital property may be used as a substitute for the value of business assets, or they need to give the other party matching alimony, etc. If the value of the replacement assets is insufficient, a certain number of shares (in the case of a limited company) may need to be transferred to the other spouse.

What if it’s a family business?

Things get more complicated when both parties contribute to the business (e.g., partnership, with equal shares as directors of the company). In the event of an amicable separation, both spouses may remain as business partners, or one spouse may retain their share in the business, but not participate in the management of the business, allowing their former spouse to manage the business.

However, the two parties still retain the family business, and the way of continuing cooperative management may not be the best solution. It is easy for both parties to have quarrels due to a broken relationship, and these disputes can negatively affect business performance.

Therefore, if neither of the above solutions is desirable, one of the spouses can sell their share in the business to their former partner (husband, wife or civil partner), or to a brand-new director/business partner.

However, if a resolution cannot be reached, the divorcing couple can either sell their business and divide the assets or petition the court for a ruling.

Valuing a Business During a Divorce

Whether your business is owned solely by your ex-partner or jointly owned by both of you, you will often have a business valuation of the business during the divorce financial settlement stage. This value will be considered for property distribution when the court decides on a financial settlement.

If the business is owned by one spouse (whether directly or jointly with other business partners), then that party can arrange a valuation. If the divorced parties have common business interests, either party can arrange a valuation.

Valuing a business or business interest is a complex process as it involves:

cash reserves
Corporate Supported Living Standards
Places such as corporate offices, vehicles, etc.
The value of personal and corporate pensions
Is it possible to withdraw capital from the business
Is it possible to borrow against the business or its assets
Company ownership structure, i.e., whether it is a limited company, sole proprietorship, or partnership.

Since it is so complex, the valuation process is expensive. If you and your ex-partner can agree on business values, the process will be less expensive. However, once the divorce parties disagree on the valuation results of the business, then they will face complicated and expensive court fees. We therefore recommend that, before you begin the valuation process, it is best to obtain legal advice in advance.

What if the two parties disagree on the valuation?

As mentioned above, divorcing couples may not agree on the value of a business. Especially if the company is owned by the ex-partner alone, he or she may underestimate the value of their obligations. What if you disagree with what your partner says about the business value, or say they don’t cooperate?

First, everyone can use their own experts to assess business value. However, this action is expensive. In some cases, people spend thousands of pounds on professional accountants. However, if your ex-partner is uncooperative or offers a particularly low valuation, this may be the only option.

Second, you can ask a lawyer to look at the company’s books to see if it’s worth further investigation.

Third, you and your ex-partner agree to use what is known as a “single joint expert” to evaluate the business. This person is independent and can provide an unbiased valuation. It is important to obtain legal advice before you do this.

Fourth, talk to your ex-partner to see if you might consider using a third-party mediation agency or other dispute resolution method to help you dispute your business interests.

How to protect your business assets?

If you’re running a business or business by yourself, the pressures of running a business can be overwhelming. Now, the strength of the company has finally grown, but it has encountered a divorce. Not only do you have to be busy with work, but you also have to guard against your ex-partner. You don’t want him/her to take away the money you have worked so hard for. It is really a headache.

While you cannot exclude your business interests from a divorce settlement, there are several ways you can protect your business in a divorce:

Entering into a postnuptial agreement or separation agreement, which can protect business assets and help limit future arguments;
Separate business assets from household finances. It is necessary for the spouses to completely separate any profits of the company/business during the marriage. For example, reinvesting those profits back into the business of the company, rather than using them to pay off the mortgage on the family home, etc.;
Sacrificing other assets as part of an overall divorce settlement — known as an offset — is beneficial for spouses who want to retain control of their business or business interests.

Cases involving business assets in divorce are often complicated, and we recommend that you consult a legal expert before taking any steps. If you have the above confusion, please contact Lisa Law Firm further, our team of family law lawyers can assist you to solve the problem.

For more articles like this, subscribe to our newsletter today.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

How do I apply, collect, replace or change a BRP? A comprehensive guide to the Biometric Residence Permit (BRP).

A Biometric Resident Permit (BRP) is a fundamental document which is used by foreign nationals in the UK or those who have a visa or have immigration permission to work, study or live in the UK. It provides evidence of your immigration status in the UK, and can be used to confirm your:

Identity
Right to study
Right to any public services or benefits you’re entitled to.

The BRP also contains the following information:

your name, date and place of birth
your fingerprints and a photo of your face (your biometric information)
your immigration status and any conditions of your stay
whether you can access public funds, for example benefits and health services

As a result, it is an essential document for life in the UK for those from outside the UK

Do I need a BRP?

You will usually need a BRP if you have:

applied to come to the UK from outside of the UK for longer than 6 months
extended your visa to longer than 6 months
applied to settle in the UK
transferred your visa to a new passport
applied for certain Home Office travel documents

However, you won’t get a BRP if you used the UK Immigration: ID Check app to prove your identity when you applied for the visa.

While you used to be able to use it to confirm your right to rent and right to work, this is no longer the case. You can confirm your right to work and right to rent online.

The government is planning on transitioning to a digital immigration system, meaning that all BRPs are set to expire at the end of 2024. So don’t worry if your BRP says that it will expire by the end of December, this is the same for everyone with a BRP. However, for the time-being, they are completely essential, meaning that it is important to read this guide in order to find out everything you need to know about the BRP.

How do I get a BRP?

Giving your biometrics (fingerprints and photo)

To get a BRP, you must provide your fingerprints and a photo. For overseas applicants, this is generally provided at the local visa application centre. Please note that the fee for applications made in the UK is £19.20. If you apply from outside the UK is cost is included in the application.

For applications in the UK, most biometrics are provided at either:

a UK Visa and Citizenship Application Services (UKVCAS) service point
a Service and Support Centre (SSC)

If you applied from outside the UK

If you applied from abroad, then you will need to collect your BRP once you arrive in the UK. These can be collected from the Post Office, see here, and usually need to be collected before the vignette sticker in your passport expires or within 10 days of arriving in the UK. You will need to bring your passport or travel document with the vignette sticker in it.

Usually after submitting the visa application, a confirmation letter (Decision Letter) about receiving the BPR card will be returned together with the passport. The parties need to keep it properly and store it in their carry-on luggage, because this confirmation letter may be required to be shown when entering the country.

As mentioned at the beginning of the article, the person concerned needs to enter the country with a temporary visa, and the validity period of the temporary visa is only 30 days. If the parties cannot travel within 30 days after obtaining the temporary visa, they must apply for a new temporary visa.

Please note that during the visa application process you will need to select which Post Office branch you wish to collect your BRP from. If you then wish to collect it from another branch then you will need to pay a redirection fee. If you are an international student, you may be able to collect it at your university.

If you would rather collect the BRP from an Alternative Collection Location then you can also do so.

After successfully arriving in the UK, the parties must collect the BRP at the designated place within 10 days of entering the UK. It should be noted that if you forget or overdue to collect, you may face the risk of a fine of up to 1,000 pounds !

Please note that the recipient must be at least 18 years old . Those under the age of 18 must go to collect the card with their parents or legal guardians when they collect the card.

If you encounter any problems in the process of receiving the BRP card, for example, the BRP has not arrived at the designated post office, and you have lost your passport or confirmation letter (Decision Letter) before collecting the card, you need to report to the Home Office beforehand.

If you applied in the UK

If you applied for a BRP card in the UK, then the process is a bit simpler. In this case the BRP will generally be sent to the address you gave in your application, which is likely you or your lawyer. On the whole, your BRP will arrive within 10 days of the Home Office giving your decision letter saying you can stay in the UK.

You will get a text and email from a delivery company telling you when your BRP will arrive as well as how to change the delivery time and date. Someone over the age of 18 will have to be there to receive the BRP, and will need to provide proof of identity such as their passport, driving licence or national identity card.

How to prove immigration status without a BRP

If you haven’t received your BRP yet, or if it has been lost or stolen, then you may be able to prove your immigration status another way.

If you need to prove your immigration status to a government department or the NHS, you should tell them that your BRP has not arrived. They will then contact the Home Office to confirm your status.

If you need to leave or re-enter the UK before your BRP arrives, then you will need to apply for a replacement BRP visa. These cost £154 and will let you re-enter the UK once only. Apply for a replacement visa here.

What to do if you find out that the BRP information is wrong?

According to the latest guidance document issued by the Home Office applicants can do the following:

If the applicant finds an error after receiving the BRP card then the applicant can notify the Home Office directly through this website: https://www.gov.uk/biometric-residence-permits/not-arrived

You should report a problem with your new BRP when it arrives within 10 days, otherwise you may have to apply and pay for a replacement. You can report a problem with your new BRP here.

When reporting, applicants generally need to provide the following information.

your BRP number
your full name, date of birth and nationality as they appear on your BRP
an email or postal address

You should usually hear a response within 5 days. If it takes longer, this is generally because you didn’t provide an email address.

Parties can ask a legal representative, a charity, employer, college or university to assist in contacting the Home Office to make changes.

My BRP has been lost or stolen, what should I do?

Although you are able to report your lost or stolen BRP from inside or outside the UK, you are only able to apply for a BRP from inside the UK.

If your BRP was valid for 3 months or more, you must report or apply for a replacement within 3 months of losing. If you do not then you risk being fined £1000 and even being removed from the UK!

You must do the following in each circumstance:

report it as lost or stolen if you do not intend to remain in the UK after its expiry date
apply for a replacement if you plan to leave and re-enter the UK within 3 months of its expiry date
apply to extend your visa if you want to stay in the UK after its expiry date – if granted, you’ll automatically get a new BRP

If you’re outside the UK, you must apply for the replacement visa mentioned previously which cost £154 and can be used once to re-enter the UK.

After the parties successfully get the BRP replacement visa and return to the UK, they must apply for a new BRP card within one month , which can also be done directly online https://visas-immigration.service.gov.uk/product/ biometric-residence-permit-replacement-service.

If you have been away from the UK for 2 years and lost your documentation which proves your right to be in the UK, you can apply for a returning resident visa: https://www.gov.uk/returning-resident-visa

How to change the personal status/information on the BRP?

If the personal status or personal information of your BRP changes, you are obliged to report to the Home Office, and usually have to apply for a new BRP.

There are different paths to change depending on the person’s visa type or immigration status. However, it is much easier to do so if you simply wish to change your address. To change your address on your BRP, you can do so here.

However, if you wish to post the form instead, then you can print it out using this link and send it to the link on this form: https://www.gov.uk/government/publications/notification-of-change-of-circumstances-form-mcc

However, if you want to change personal information on the BRP (including name, date of birth, gender, nationality and facial appearance then you will have to apply for a replacement visa online. You will need to pay a fee. See here.

For any other changes, including a criminal conviction, as well as family information such as separation from your partner or if any of your children stop living permanently with you, you must fill in the change of circumstances form and send it to the address on the form.

Remember, if you fail to apply for a new BRP card within 3 months of the change of personal status or information, you may be fined up to £1,000, and the validity of your visa may even be shortened.

How to update a BRP when it is about to expire?

How to replace an expired BRP card mainly depends on whether the person is in the UK or not, as well as his/her immigration status.

If you have indefinite leave to remain or enter, then you can use the BRP replacement service from within the UK.

If you are holding a visa with a limited period , and the visa is about to expire, it is necessary to apply for a new BRP. This must be renewed or applied for a new visa first, and a new BRP will be automatically obtained after the visa is successfully obtained. People in this case can’t use the BRP replacement service.

If you are outside the UK, then you cannot apply for a replacement visa if it expires. You will also need to apply for a replacement visa in this circumstance.

If you would like help with your BRP, or you have some questions that you would like to ask about it, then get in touch with us today and our immigration department will be happy to help.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

Campaigners lose appeal over right to use WhatsApp and private emails for government communication

The government has won an appeal over the right to use WhatsApp and private emails for official government communication. The main finding by the Court of Appeal was that there was no implied duty of the government to retain records under the Public Records Act.

This follows a decision made by the High Court in April which found that the law on keeping public records said nothing about the use of personal devices. It also ruled that the use of auto-delete software was not unlawful.

Background

The Good Law Project, which brought the appeal to the Court of Appeal, argued that decisions made by the government are a matter of public importance. They also argued that most of the policies within the Public Records Act 1958, Section 3, lawfully mandated ministers not to use private emails or private electronic devices when conducting government business.

The Public Records Act 1958 is an act of parliament which forms the main legislation for governing the keeping of public records. While previously, the government had the right to keep records for 30 years, the Freedom of Information Act 2000 gives a public right of access to information which is held by public authorities.

The Good Law Project stated that decisions made in the pandemic, such as the spreading of Covid-19 in care homes and the awarding of public health contracts, many of which were given to close acquaintances of ministers, have been lost. This involved communication between the then Prime Minister, Boris Johnson, former Health Secretary Matt Hancock, and the PM’s Chief Adviser, Dominic Cummings.

Furthermore, they said that the use of non-government communication systems and the failure to keep a record of them undermined the government’s ability to comply with the Freedom of Information Act. This is because it is not possible for the public to acquire documents through a freedom of information request if they have not been kept through communication on applications such as WhatsApp.

Judgement

The judges ruled that ministers have no obligation to comply with government policies for dealing with communications and whether they have to record them. They pointed to the 1958 Public Records Act and stated that this determines that there was no duty on ministers and civil servants to store the messages that they send to each other.

They also stated that it was “not the constitutional role of the courts to attempt to micromanage how the executive conducts its affairs in the selection and preservation of documents, or in the use of communications technology by ministers and officials.”

The Court of Appeal also found that it should be up to the executive to decide whether there should be more consistency between the internal policies which the government is supposed to hold itself to, and its actions. This points to the courts taking a non-interventionist role in constitutional law.

The Good Law Project responded to this judgement, stating that they planned to appeal to the Supreme Court, “given the profound importance of the issue — and the gaping hole in the protection of the public interest exposed by the ruling.”

Our thoughts

Although the Court of Appeal held that internal government policies are not law, and are therefore not legally enforceable, clearly there is a conflict of interest between the Freedom of Information Act and the continued use of government communication on apps which can allow disappearing messages such as WhatsApp.

The efficiency of apps like WhatsApp may make government more effective, as argued by the government. However in a free and open democracy, it can be argued that there should be a built-in level of transparency and accountability imposed on government decision making. Furthermore, the deletion of government communication may hinder scrutiny of the government’s performance in the pandemic for the Covid-19 inquiry.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

What should you do if your business receives a noise abatement notice?

A Manchester music venue recently found itself the subject of a noise abatement notice by Manchester City Council, threatening its future as a result. The venue, called “Night and Day” has been responsible for hosting many well-known music artists over the years, including Arctic Monkeys, Elbow, and Ed Sheeran. Its future was previously at risk after a neighbour who moved into an apartment next door during the quiet of the Covid lockdown made a noise complaint to Manchester Council.

The residents complained about the levels of noise on the night that the venue reopened in July 2021. The venue was subsequently issued with a noise abatement notice in November 2021 and subsequently ordered to limit noise to a “reasonable, practicable level” in order to continue being allowed to operate late at weekends.

Many businesses may find themselves subject to complaints from neighbours, particularly night-time venues which cause noise when many people are asleep. So, what are noise abatement notices and what can businesses do if they find themselves subject to one? Let’s take a look.

What is an abatement notice?

Noise abatement notices are issued under the Environmental Protection Act 1990, Section 79, and are investigated in the possibility that the alleged offender could be a ‘statutory nuisance’. They require that the noise stops or reduces its occurrence. In some cases, the noise-making equipment can be seized.

However, noises are not the only types of nuisances which may lead to councils issuing abatement notices.

The following reasons are included in the Environmental Protection Act 1990 as potential statutory nuisances:

The state of a premises (but not eyesores which need to be referred to the Planning Department)
Smoke emitted from a premises (but not smoke from a chimney in a Smoke Control Area)
Fumes or gases emitted from premises
Dust, steam or smell from an industrial, trade or business premises only
An accumulation or deposit
Any animal kept in such a place or manner (does not include wild animals)
Noise emitted from premises
Insects in industrial, trade or business premises only
Artificial light emitted from premises

The Night and Day case discussed in this article comes under “noise emitted from premises”. However, it is important to note that there is a quite a high threshold for this to be issued in the first place. The statutory nuisance cannot just be something ‘annoying’. It must be something that causes an unreasonable and considerable nuisance with the use of a home. It can also be something which injures health or is likely to injure health.

The issue which arose in this case came as a result of a bedroom sharing a wall with the venue, meaning that even higher pitched vocals could be heard. This is described as a “faulty party wall”. This is clearly an issue with the planning of the development, as the venue had been there since the early 1990s. Proper sound insulation should have been installed or taken into account at the time of the development.

What to do if you are issued with a noise abatement notice?

If this happens, you should try to reduce or stop the noise to the best of your ability. Clearly this may be difficult in a situation where you run a music venue for example. However, measures can often be taken to prevent noise pollution through proper sound insulation in many situations.

If you fail to comply with abating the noise, councils can carry out a range of penalties including:

A fixed penalty notice (FPN) – worth up to £110. This must be paid within 14 and an alternative to prosecution

Prosecution – if you do not pay your FPN on time or if the council opts not to issue you with one, you face potential prosecution and, if convicted, a fine of up to £1000

Seizure or confiscation of the offending noise equipment

Applying to the High Court for an injunction should prosecution be inadequate.

As a result, it is important that you seek legal advice. In cases like this, there is the option of appealing. You will have 21 days from when you receive the noise abatement notice to appeal to a magistrates’ court.

If no appeal is filed during this time, this means that you will be bound to the terms of the noise abatement notice for as long as you or your business are connected to the property in question. As a result, it is in your best interest to seek legal advice as soon as possible. In some cases, it may even be possible to reach a settlement with the council in question without going to court.

Our thoughts

The UK has some relatively strict rules about noise when it comes to its night-time economy. While many cities around the world have a thriving night-time economy, businesses in the UK are often restricted by rules such as having to close early. Unlike other major cities around the world, it cannot be said that the UK has a true 24/7 city.

Major cities like Manchester and London have faced significant challenges around having to balance the interests of both businesses and residents. In fact, Manchester City Centre’s population has grown from around 500 in 1990, to a projected 100,000 in 2025. This subsequently means that businesses are under greater pressure than ever before to ensure that resident complaints are kept to a minimum.

Clearly, there has to be some kind of regulation when it comes to loud noise made by businesses at night. With city centres like Manchester becoming more residential, and the fallout from residents who moved into thriving night time areas during Covid, cases like this are likely to become more prevalent. Businesses should be mindful that they are complying with the regulations, and that they apply for any necessary licenses.

If you have received an abatement notice from your local council, whether noise-related or any others, you should contact us as soon as possible. The consequences of not seeking legal advice can be disastrous for any business. We can help you establish what grounds of appeal you have, if any, and work to discover whether it is possible to reach a negotiated settlement with the council.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

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

lisaslaw@web

See Full Bio

Welcome Stephanie

We are delighted to welcome Stephanie Chow, who joins Lisa’s Law as a Legal Assistant. Stephanie has already made a fantastic impression on the team and displayed her excellent legal knowledge.

Stephanie holds a degree in Asian and International Studies from the City University of Hong Kong and subsequently completed the Graduate Diploma in Law and the Legal Practice Course both at the University of Law.

Before joining Lisa’s Law, Stephanie worked as a legal intern for Zhong Lun Law Firm in London, where she assisted in the purchase and sale of residential property transactions. She will be focusing on Property Law at Lisa’s Law.

Stephanie is also fluent in English, Cantonese and Mandarin.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

Employment Law Webinar – Labour Rights and Protection in the UK

Join us on Friday 25th November at 1pm for a talk given by our expert, Evveline Loh, about employment rights and protections in the UK.

Evveline will cover a range of topics including:

Types of workers in the UK
Employment immigration requirements
Contract terms to be aware of
Rights during employment
Termination of employment
Common questions

At the end of the talk, there will also be a live Q&A session where you will be able to ask Evveline questions directly.

Grab your spot! Click here.

lisaslaw@web

See Full Bio

Ban on exclusivity clauses extended to low-earning workers

The Department for Business, Energy and Industrial Strategy has introduced a new set of regulations targeted towards low-earning workers. These regulations will come into force on 5^th December 2022, and include a ban of exclusivity clauses, which prevent employees and workers from taking on additional work with other employers or undergo any other arrangement for work. These measures will apply in England, Wales and Scotland.

What do the new measures mean for low-earning workers?

The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022 will be an extension of previous regulations brought in in 2015. The measures brought in at that time banned the use of exclusivity clauses in zero hours employment contracts. This meant that zero hours workers were able to acquire further work without fear of reprisal from their employer, who may have wanted them to be available to work at any time.

The new measures will go beyond applying these regulations to Zero Hours Workers. The regulations have now been extended to a ban on exclusivity clauses for those who earn less than the lower earnings limit. This lower earnings limit is set by the government each tax year. For the 2022/2023 tax year, this figure is £123 a week. This equates to roughly 13 hours per week for someone who is earning the National Living Wage.

There are other aspects to the regulations which will have an impact on zero hours workers and low-earning workers. For example, employees will be protected from unfair dismissal when they are dismissed because of a pre-existing exclusivity clause in the contract. This means that dismissals which occur because of a pre-existing exclusivity clause in the contract will automatically be classified as an unfair dismissal. This ban also applies to those who have not performed 2 years continuous service, as was previously the case in order to qualify for such protections.

Calculations for wages below lower earnings limit

According to the regulations, the calculations for working out whether wages are below the lower earnings limit of £123 a week will be as such for each type of contract:

1. Permanent contracts of employment or other worker’s contracts

Where the contract of employment or other worker’s contract is permanent, the average weekly wages are calculated by dividing by 52 the total remuneration to which the worker is entitled under that contract in respect of a period of 52 weeks.

2. All other contracts of employment or other worker’s contracts

Where regulation 4 does not apply, the average weekly wages are calculated by dividing the total remuneration to which the worker is entitled under their contract by the number of weeks during which their contract is expected to continue.

3. Net average weekly wages

The net average weekly wages are calculated by subtracting all deductions of whatever nature from the average weekly wages.

Further measures ensure the regulations are made to:

Provide remedies, including compensation, for individuals, by way of proceedings in employment tribunals
Require the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that

Our thoughts

These measures will help to strengthen protections for low earning workers. Companies should be highly aware of these changes to ensure that they don’t breach them. For companies which have low earning workers and employees, contracts should be reviewed to ascertain whether they are paying them less than the lower earnings limit of £123 a week.

In such cases, companies must ensure that any exclusivity clause, which either prevents a worker or employee from working/providing services to another employer, or requires the consent of the employer to work for another employer, is removed.

If you have any questions about these changes, please don’t hesitate to contact us below.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

Successful argument made that time spent reporting to Home Office should count towards 10 years lawful residence

We are delighted to have been recently successful in representing a client in their application for Indefinite Leave to Remain. This was on the basis that our client lawfully resided in the UK for 10 years. We argued that the time spent reporting to the Home Office following an unsuccessful asylum claim should count towards her 10 years lawful residence.

Background

Our client was a Chinese national who entered the UK in 2008 and claimed asylum at the airport. She was granted temporary admission and was told to report to the Home Office once a month.

Her asylum claim was initially refused in 2012 and she continued to report every month to the Home Office. She gave birth to her first child in 2013 and her second child in 2016. In 2016, further submissions were submitted to the Home Office based on her children living here in the UK and she was granted leave to remain in 2018 which expired in 2021.

In 2021, the client approached Lisa’s Law to make an application for an extension. We advised her that she should make an application for Indefinite Leave to Remain on the basis of continued lawful residence here in the UK for 10 years. We advised her that the time spent reporting needed to be considered as lawful residence.

Legal Framework

Paragraph 276A(b) of the immigration rules confirms what circumstances are considered as lawful residence. The act states:

(b) “lawful residence” means residence which is continuous residence pursuant to:

(i) existing leave to enter or remain; or

(ii) temporary admission within section 11 of the 1971 Act (as previously in force), or immigration bail within section 11 of the 1971 Act, where leave to enter or remain is subsequently granted; or

(iii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.

Decision

We argued that section 278A(b)(ii) applied to her case. We were elated to have received the decisions this week confirming that she had been granted indefinite leave to remain. The client is of course delighted as she has saved thousands of pounds in Home Office, Immigration Health Surcharge and legal fees in applying for extensions which she expected to have to do another 3 times.

The client and her children can now build a life here in the UK with no immigration restrictions sand we wish them all the best in their future endeavours.

Have questions about this article? Get in touch today!

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

lisaslaw@web

See Full Bio

News and Insights

Have questions about this article? Get in touch today!

Background

Decision

Our comments

Have questions about this article? Get in touch today!

Are business interests considered shared assets in a divorce?

How do courts treat business assets in financial settlements?

What if it’s a family business?

Valuing a Business During a Divorce

What if the two parties disagree on the valuation?

How to protect your business assets?

Have questions about this article? Get in touch today!

Do I need a BRP?

How do I get a BRP?

Giving your biometrics (fingerprints and photo)

If you applied from outside the UK

If you applied in the UK

How to prove immigration status without a BRP

What to do if you find out that the BRP information is wrong?

My BRP has been lost or stolen, what should I do?

How to change the personal status/information on the BRP?

How to update a BRP when it is about to expire?

Have questions about this article? Get in touch today!

Background

Judgement

Our thoughts

Have questions about this article? Get in touch today!

What is an abatement notice?

What to do if you are issued with a noise abatement notice?

Our thoughts

Have questions? Get in touch today!

What do the new measures mean for low-earning workers?

Calculations for wages below lower earnings limit

Our thoughts

Have questions about this article? Get in touch today!

Background

Legal Framework

Decision

Have questions about this article? Get in touch today!

Subscribe to our newsletter

Subscribe Newsletter Blog Sidebar