Category: Uncategorized

The Equality Act 2010 is the main discrimination statute in Great Britain. Section 217 provides that it forms part of the law of England and Wales and, apart from two provisions, of Scotland. Northern Ireland has separate discrimination law, so this guide is limited to England, Wales and Scotland.

The protected characteristics

Section 4 lists nine protected characteristics: age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. GOV.UK says race includes colour, nationality and ethnic or national origin, and that the Act protects people at work, in education, as consumers, when using public services, when buying or renting property and as members or guests of private clubs and associations.

GOV.UK also says protection extends to people associated with someone who has a protected characteristic, such as a family member or friend, and to people who have complained about discrimination or supported someone else’s claim.

Four types of unlawful treatment

GOV.UK describes four forms. Direct discrimination is treating someone with a protected characteristic less favourably than others. Indirect discrimination is putting rules or arrangements in place that apply to everyone but put people with a protected characteristic at an unfair disadvantage. Harassment is unwanted behaviour linked to a protected characteristic that violates dignity or creates an offensive environment. Victimisation is treating someone unfairly because they complained about discrimination or harassment.

The guidance adds that specific rules or arrangements can be lawful if they can be justified, and that voluntary positive action is legal where people with a protected characteristic are at a disadvantage, have particular needs or are under-represented.

Discrimination at work

GOV.UK says the law covers recruitment, terms and conditions, pay and benefits, promotion and transfer, training, dismissal and redundancy. Some differences in treatment are permitted where they are needed for the way an organisation works, for example a faith school limiting admission to pupils of its faith. For disability, employers should make reasonable adjustments, such as accessible application forms, extra time in aptitude tests or suitable facilities and equipment.

GOV.UK also lists unfair treatment because of trade union membership or non-membership, or because of being a fixed-term or part-time worker, as separate forms of protection outside the nine characteristics. Where informal steps fail, an employee may be able to take a discrimination claim to an employment tribunal.

Ways to complain

GOV.UK sets out the options: complain directly to the person or organisation, use mediation or another form of alternative dispute resolution, or make a claim in a court or tribunal. Employees are advised to try to sort a problem out informally with the employer first, then to speak to Acas, Citizens Advice or a trade union representative. The Equality Advisory Support Service gives advice, and legal aid may be available to eligible people through Civil Legal Advice.

Time limits

Section 123 says an employment tribunal complaint may not be brought after the end of three months starting with the date of the act complained of, or such other period as the tribunal thinks just and equitable. Section 118 sets six months for county court claims (or the sheriff in Scotland) in the other areas covered by the Act, again with a just and equitable extension. In both sections, conduct extending over a period is treated as done at the end of the period, and a failure to do something is treated as occurring when the person decided on it.

Section 140B extends the three-month tribunal limit where Acas early conciliation is used: the period between contacting Acas and receiving the certificate is not counted, and the limit cannot expire earlier than one month after the certificate is received. Because these limits run from the date of the act, the dates of individual incidents matter, and anyone approaching a deadline should get advice on how the limit applies to their case.

FAQs

Does the Equality Act apply in Northern Ireland?

Section 217 makes the Act part of the law of England and Wales and, with two exceptions, Scotland. Northern Ireland has its own discrimination law.

Is a rule that applies to everyone ever discriminatory?

Yes. GOV.UK says indirect discrimination covers rules that apply to everyone but disadvantage people with a protected characteristic, unless they can be justified.

Are friends and family members of a protected person covered?

GOV.UK says protection extends to people associated with someone who has a protected characteristic, for example a family member or friend.

Is helping a disadvantaged group ever lawful?

Yes. GOV.UK says positive action is legal where people with a protected characteristic are at a disadvantage, have particular needs or are under-represented.

How long is there to bring a tribunal claim?

Section 123 sets three months from the date of the act, or another period the tribunal thinks just and equitable, and section 140B can extend the limit where early conciliation is used.

Bottom line

The Equality Act 2010 gives protection in Great Britain across nine characteristics and four forms of unlawful treatment, in work and beyond. Informal resolution is encouraged, but tribunal and county court time limits of three and six months are short, so dates need to be recorded early. This article is general information, not legal advice; the Equality Advisory Support Service, Acas or a solicitor can advise on a specific situation.

Sources

• GOV.UK, “Discrimination: your rights”
• legislation.gov.uk, “Equality Act 2010, section 4: The protected characteristics”
• legislation.gov.uk, “Equality Act 2010, section 118: Time limits”
• legislation.gov.uk, “Equality Act 2010, section 123: Time limits”
• legislation.gov.uk, “Equality Act 2010, section 140B: Extension of time limits to facilitate conciliation before institution of proceedings”
• legislation.gov.uk, “Equality Act 2010, section 217: Extent”

Part 8 of the Anti-social Behaviour Act 2003 lets a home owner or occupier in England or Wales ask the council to deal with a neighbour’s high hedge, but only where a strict legal test is met and reasonable efforts to settle the matter have failed. The GOV.UK guidance summarised here is written for England; Wales follows the same Act with its own fee and appeal arrangements.

What counts as a high hedge

Section 66 defines a high hedge as so much of a barrier to light or access as is formed wholly or predominantly by a line of two or more evergreens and rises to a height of more than two metres above ground level. “Evergreen” includes semi-evergreen trees and shrubs. A line of evergreens is not treated as a barrier if gaps at heights above two metres significantly affect its overall effect as one.

The GOV.UK guide adds that the hedge must be growing on land owned or occupied by someone else, that a single tree or shrub cannot be the subject of a complaint, and that height is measured from ground level. It explains that a semi-evergreen keeps some live or green leaves all year, so a privet hedge that loses all its leaves in winter does not qualify, nor do beech or hornbeam hedges that keep dead leaves.

Trying to settle the dispute first

Under section 68, a council may decide that a complaint should not proceed if the complainant has not taken all reasonable steps to resolve the matter without involving the authority, or if the complaint is frivolous or vexatious. The GOV.UK guide points complainants to its “Over the garden hedge” publication for the steps to take before complaining.

How the council decides

If a complaint proceeds, section 68 requires the council to decide whether the height of the hedge is adversely affecting the complainant’s reasonable enjoyment of the domestic property and, if so, what action should be taken. The guide says the council will invite the neighbour to set out their case, visit the site and weigh all relevant information, including effects on the neighbourhood.

A fee may be charged. Section 68 says the fee must not exceed the amount set in regulations, made by the Secretary of State for hedges in England and by the Welsh authority for hedges in Wales. The guide says the fee is not usually refunded even if the complaint succeeds and that the council cannot make the neighbour repay it.

What a remedial notice can and cannot require

If action is needed, the council issues a remedial notice to the neighbour, with a copy to the complainant, setting out what must be done and by when. The guide says the legislation does not set a standard height, that the notice may require the hedge to be kept at the new height, and that the time allowed could be weeks or months, with extra time possible to protect nesting birds.

The council cannot order the hedge to be removed, require action that could kill it, or require it to be cut below two metres above ground level. Problems caused by roots, such as subsidence, are outside the legislation. Failing to comply with a remedial notice is an offence; the guide says the fine is up to £1,000 and that the council can enter the land and do the work.

Appeals

Under section 71, both the complainant and the neighbour can appeal to the appeal authority, which is the Secretary of State for hedges in England and the Welsh authority for hedges in Wales. The appeal must be made within 28 days of the notice or of notification of the decision, unless the appeal authority allows more time, and a remedial notice does not take effect while an appeal is pending.

GOV.UK says there is no fee for appealing, that appeals about hedges in England go to the Planning Inspectorate, and that a decision normally takes about 34 weeks once the appeal is validated. A decision can be challenged in the High Court if the Planning Inspectorate made a legal mistake.

Cutting a neighbour’s hedge

GOV.UK says that doing more than trimming overhanging branches back to the boundary could expose the trimmer to a court claim for damage. If the hedge includes trees protected by a tree preservation order, or sits in a conservation area, separate council permission may be needed even for trimming.

FAQs

Can a council order a hedge to be removed?

No. The GOV.UK guide says the council cannot order removal, action that could kill the hedge, or a height below two metres.

Does a beech or privet hedge count?

Only if it is evergreen or semi-evergreen. The guide says privet that loses all its leaves in winter, and beech or hornbeam that keeps dead leaves, do not qualify.

Who decides an appeal in Wales?

Section 71 names the Welsh authority as the appeal authority for hedges in Wales.

Bottom line

A council in England or Wales can act on a hedge only if it is a line of two or more evergreens above two metres that blocks light or access, and only after reasonable efforts to settle the matter have been made. The most it can require is a reduction in height, not removal, and either side can appeal within 28 days. This article is general information, not legal advice; the council’s own process and fee should be checked before complaining.

Sources

• legislation.gov.uk, “Anti-social Behaviour Act 2003, section 66: High hedges”
• legislation.gov.uk, “Anti-social Behaviour Act 2003, section 68: Procedure for dealing with complaints”
• legislation.gov.uk, “Anti-social Behaviour Act 2003, section 71: Appeals against remedial notices and other decisions of relevant authorities”
• GOV.UK, “High hedges: complaining to the council”
• GOV.UK, “Appeal a high hedges decision”

In England and Wales there is usually no record of the exact boundary between two properties or of who owns the hedge, wall or fence between them. GOV.UK says most title plans do not show exact boundaries and that an exact boundary usually does not need to be recorded anywhere. Scotland and Northern Ireland use different systems and are not covered here.

General boundaries on the title plan

HM Land Registry’s practice guide on boundaries explains that the great majority of registered titles show only “general boundaries” under section 60(1) of the Land Registration Act 2002. A general boundary shows the approximate line and does not fix the exact position; the guide says there is no standard tolerance between the mapped line and the legal boundary. The guide, last updated on 1 June 2026, adds that the word “boundary” has no special meaning in law and can refer to an invisible legal line or to a physical feature such as a fence, wall or hedge, which may or may not follow it.

Who decides where the legal boundary is

If a boundary is disputed, the guide says its exact position can ultimately be determined only by the court or by the Land Registration division of the Property Chamber of the First-tier Tribunal. It explains that the position depends on the terms of the pre-registration conveyance or the transfer as a whole, including the plan. Where the plan is unclear, a court may look at physical features on the ground, and the question is what a reasonable layperson would think was being bought. The parties’ own beliefs are irrelevant.

Fence posts, T-marks and maintenance

The guide states that common beliefs about which side of a fence the posts sit on have no legal foundation. Deeds may contain covenants to maintain a wall or fence, but those alone do not confer ownership. T-marks on deed plans normally indicate ownership or the duty to repair, but the register records them only where the deed expressly refers to them. Where ownership or responsibility cannot be worked out, the feature is generally best treated as a party boundary, and any alteration or replacement should be done only with the adjoining owners’ agreement.

Boundary agreements

GOV.UK says neighbours can make a boundary agreement to record the boundary and who is responsible for maintaining a hedge, wall, tree or fence. It must contain both parties’ names and addresses, the date it begins and the agreed boundary, shown by a written description, an Ordnance Survey extract or a plan. The agreement cannot be used to sell or give away land, and legal advice is recommended, particularly to ensure it stays valid after a sale. The agreement can be noted on the register by application to HM Land Registry, for which a fee is charged.

Determined boundaries

A registered owner can apply to have the exact line recorded as a determined boundary. GOV.UK says the application needs supporting evidence, such as certified copies of pre-registration deeds, an expert report or a signed statement, and a plan prepared by a chartered land surveyor. A determined boundary remains valid after either property is sold. If the neighbour objects and no agreement is reached, the application is passed to the tribunal, which can approve it, set the exact boundary itself or decline to set one, and the applicant may have to pay the neighbour’s costs. Legal advice before applying is recommended.

Legal presumptions

The guide says documents of title rarely describe a boundary precisely enough to fix it, so legal presumptions relating to certain types of boundary feature may help. Because a general boundary leaves the exact line undetermined, a presumption can be carried forward into a registered title, and other evidence, such as a declaration about the position or ownership of the boundary, may rebut it. A person who believes a presumption applies can ask for the red edging on the title plan to be moved, supported by a plan, the presumption relied on and any pre-registration deeds, although the boundary then remains a general boundary. Any dispute should be disclosed in the application.

Mistakes, hedges and party walls

A suspected boundary mistake on a title plan can be raised by writing to HM Land Registry with an explanation and evidence such as certified deeds. GOV.UK’s guide to resolving neighbour disputes adds that overhanging branches and roots can be trimmed only back to the boundary, that a high hedge dispute can go to the council in some cases, and that notice must be given to a neighbour before work on a party wall. The Royal Institution of Chartered Surveyors offers a helpline scheme for boundary disagreements.

FAQs

Does the fence post side show who owns the fence?

No. The Land Registry guide says there is no legal foundation for beliefs based on the way a fence is built.

Does a boundary agreement let a neighbour buy part of my land?

No. GOV.UK says a boundary agreement cannot be used to sell or give away land.

Does this apply in Scotland?

No. GOV.UK refers to a different method of checking boundaries in Scotland and in Northern Ireland.

Bottom line

In England and Wales the legal boundary is usually not recorded exactly. A title plan gives only a general line, a written boundary agreement or a tribunal-approved determined boundary can add precision, and a genuine dispute can end up before the court or the First-tier Tribunal. This article is general information, not legal advice; boundary questions affect property value and deserve advice from a solicitor or chartered surveyor.

Sources

• GOV.UK, “Your property boundaries”
• HM Land Registry via GOV.UK, “HM Land Registry plans: boundaries (practice guide 40, supplement 3)”
• GOV.UK, “Resolving neighbour disputes”

Part 3 of the Environmental Protection Act 1990 gives councils in England and Wales a duty to deal with “statutory nuisances” such as noise, smoke or accumulations of rubbish, and lets a person affected go to the magistrates’ court directly. Scotland and Northern Ireland are outside the scope of this guide.

What counts as a statutory nuisance

Section 79(1) of the 1990 Act, marked as applying in England and Wales, lists the matters that can be statutory nuisances. They include premises in such a state as to be prejudicial to health or a nuisance, smoke, fumes or gases from premises, dust, steam, smell or other effluvia from industrial, trade or business premises, accumulations or deposits, animals kept in such a place or manner, artificial light from premises, noise from premises and noise from vehicles, machinery or equipment in the street. In each case the matter must be prejudicial to health or a nuisance.

GOV.UK guidance for councils explains the test in plain terms: the problem must unreasonably and substantially interfere with the use or enjoyment of a home or other premises, or injure or be likely to injure health. Its examples of noise sources include loud music and barking dogs. It also says the statutory noise nuisance rules do not apply to noise from traffic or aircraft or to demonstrations.

The council’s duty to investigate

Section 79(1) also places a duty on every local authority to have its area inspected from time to time for statutory nuisances and, where a person living in its area complains, to take such steps as are reasonably practicable to investigate. GOV.UK adds that councils can decide what level of service to give for noise complaints, for example whether officers are on call at night.

Abatement notices

Under section 80, where the council is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice. The notice can require the nuisance to stop or be restricted and can require works, and it must state the time for compliance. It is normally served on the person responsible. If the nuisance comes from a structural defect the notice goes to the owner, and if the person responsible cannot be found, or the nuisance has not yet occurred, it goes to the owner or occupier of the premises.

For noise from premises, section 80 lets the council first take other steps to persuade the person responsible to stop, for up to seven days, before it must serve a notice. GOV.UK describes the same seven-day window.

Appeals and enforcement

A person served with an abatement notice can appeal to the magistrates’ court within 21 days of service. GOV.UK gives the grounds as the legal tests not being met, the notice being served on the wrong person or the notice being defective. In some cases, using the best practicable means to prevent or reduce the nuisance can also be a ground or a defence.

Ignoring a notice without reasonable excuse is an offence. GOV.UK says the person can be prosecuted for a lump-sum fine plus further daily fines, with amounts set by the court, and that the council can carry out works and recover the cost or apply to the High Court for an injunction.

Going to the magistrates’ court directly

Section 82 allows any person aggrieved by a statutory nuisance to make a complaint to the magistrates’ court. If the court is satisfied that the nuisance exists, or is likely to recur, it must order the defendant to abate it, to prevent its recurrence, or both, and it may also impose a fine of up to level 5 on the standard scale. Proceedings are normally against the person responsible, against the owner for a structural defect, or against the owner or occupier if the person responsible cannot be found.

Before starting proceedings the complainant must give written notice of the intention to do so, specifying the matter complained of. Section 82(7) sets the minimum notice at three days for noise from premises or from a vehicle, machinery or equipment in the street, and twenty-one days for other nuisances.

Trying informal routes first

GOV.UK’s guide to resolving neighbour disputes says an informal conversation should come first, followed by mediation if that fails, with a council complaint for a statutory nuisance and the police for violence or harassment. It names the Civil Mediation Council as the source of mediators in England and Wales and says legal action is a last resort.

FAQs

Does the council have to act on every noise complaint?

It must take reasonably practicable steps to investigate a complaint from a person living in its area, and must serve an abatement notice if it is satisfied a statutory nuisance exists or is likely to occur or recur.

Can a neighbour take the matter to court without the council?

Yes. Section 82 allows a person aggrieved to complain to the magistrates’ court after giving the required written notice.

How long does a person served with an abatement notice have to appeal?

The period is 21 days from service of the notice.

Bottom line

In England and Wales, a nuisance qualifies only if it is prejudicial to health or a nuisance in the legal sense, but where it does, the council must investigate and can serve an abatement notice, and the person affected also has a direct route to the magistrates’ court. Informal steps and mediation are expected first. This is general information, not legal advice about any particular dispute.

Sources

• legislation.gov.uk, “Environmental Protection Act 1990, section 79: Statutory nuisances and inspections therefor”
• legislation.gov.uk, “Environmental Protection Act 1990, section 80: Summary proceedings for statutory nuisances”
• legislation.gov.uk, “Environmental Protection Act 1990, section 82: Summary proceedings by persons aggrieved by statutory nuisances”
• GOV.UK, “Statutory nuisances: how councils deal with complaints”
• GOV.UK, “Noise nuisances: how councils deal with complaints”
• GOV.UK, “Resolving neighbour disputes”

A jury summons in England and Wales is a legal duty, not an invitation. GOV.UK says a summons must be answered within 7 days, and the Juries Act 1974 makes failing to attend an offence. Jury service in Scotland and Northern Ireland follows separate rules that this guide does not cover.

Who can be summoned

Section 1 of the Juries Act 1974, which applies in England and Wales, qualifies a person for jury service if they are registered as a parliamentary or local government elector, are aged 18 or over but under 76, have been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for at least five years since turning 13, and are not disqualified. GOV.UK adds that names are chosen randomly from the electoral register and that a criminal trial jury has 12 members.

GOV.UK lists the people who are disqualified: anyone on bail; anyone who has received a prison sentence, detention order, suspended sentence or community sentence in the last 10 years; anyone who has ever received a sentence of 5 years or more; anyone currently sectioned under the Mental Health Act; and anyone who lacks the mental capacity to serve. A disqualified person who receives a summons must still respond within 7 days.

Responding and what to expect

A summons can be answered online or by returning the form by post. The Jury Central Summoning Bureau then confirms the dates and place of service. GOV.UK says jury service usually lasts up to 10 working days, although a longer trial may keep a juror longer, and that a juror is usually needed at court from 10am to 5.30pm, Monday to Friday.

Jurors need to bring the summons or confirmation letter and identification. Phones, tablets and laptops may be used in the jury assembly area but cannot be taken into the deliberation room. Courts can make reasonable adjustments, such as ramps, a hearing loop, alternative formats or a British Sign Language interpreter, if they are requested when replying to the summons.

Deferring or being excused

A juror who cannot serve on the dates given can ask for a change of date. GOV.UK says the new date must fall within the next 12 months, a good reason is needed (examples include an operation, an exam, a booked holiday, being a new parent or an employer refusing time off) and the request can only be made once. The reply can suggest three alternative dates.

Being excused altogether is harder. GOV.UK says it is allowed only in exceptional circumstances, such as a serious illness or disability, being a full-time carer, being a new parent who cannot serve at any time in the next 12 months, or living outside England and Wales. A person who has served in the last two years may also ask to be excused. Evidence, such as a doctor’s letter, may be requested. If an excusal is refused, a change of date can still be requested, and a refusal of either request can be appealed in writing to the Jury Central Summoning Bureau.

Time off work, pay and expenses

GOV.UK says an employer must allow time off for jury service but may ask for it to be delayed if the absence would seriously affect the business. An employee refused time off can complain to an employment tribunal, and someone dismissed because of jury service may be able to claim unfair dismissal. Employers can choose whether to pay during service.

The court does not pay jurors, but loss of earnings and other costs can be claimed. On 21 September 2026 the GOV.UK guide gave a cap of £64.95 a day for loss of earnings and care costs where more than four hours are spent at court, in the first 10 days, rising after 10 working days, plus £5.71 a day for food and drink and travel costs within England and Wales. Claims are made at the end of service and no more than 12 months after it starts. Anyone receiving benefits should show the summons to their work coach or benefit office straight away.

Penalties and conduct

Under section 20 of the 1974 Act, a person duly summoned who fails to attend is liable to a fine not exceeding level 3 on the standard scale, unless there was reasonable cause; the offence can be dealt with on summary conviction or as contempt of court. GOV.UK describes the maximum fine as £1,000 for failing to return the form or attend. Making a false representation to evade jury service is a separate offence under the same section.

Jurors must not discuss a trial with anyone outside the jury room until it has finished, must not talk about what happened in the deliberation room afterwards, and must not post about the trial on social media, which GOV.UK says is contempt of court that can lead to a fine or prison.

FAQs

Can I ignore a summons if I think I am disqualified?

No. GOV.UK says a disqualified person must still respond within 7 days, so that the summoning bureau can record the position.

Does the court pay my wages?

No. Jurors are not paid, but loss of earnings up to a daily cap can be claimed, and an employer may choose to pay normal salary instead.

Does this apply in Scotland or Northern Ireland?

No. GOV.UK points to separate rules for jury service in Scotland and in Northern Ireland.

Bottom line

In England and Wales, a jury summons must be answered within 7 days, whether or not the recipient expects to serve. Deferral is possible once for a good reason, excusal is reserved for exceptional circumstances, and employers must allow time off subject to serious business impact. This article is general information, not legal advice; the summoning bureau can answer questions about a specific summons.

Sources

• GOV.UK, “Jury service”
• legislation.gov.uk, “Juries Act 1974, section 1: Qualification for jury service”
• legislation.gov.uk, “Juries Act 1974, section 20: Offences: failure to attend, serving while disqualified etc”

Most flats in England are leasehold, and the lease usually requires the leaseholder to pay a service charge towards the building’s upkeep. GOV.UK says leaseholders can get information about charges, be consulted on some costs and challenge certain charges in some circumstances. The rules differ in Wales, where the Leasehold Valuation Tribunal hears applications, and in Scotland and Northern Ireland.

What the lease and the law require

GOV.UK says the lease sets out how the service charge is organised and what can be charged. A leaseholder who pays a service charge has the right to ask for a summary showing how it is worked out and what it is spent on, and to see supporting paperwork such as receipts. GOV.UK states that the landlord must provide this information and that it is a criminal offence if they do not. Building insurance is usually arranged by the landlord and forms part of the service charge, and the leaseholder can ask for a summary of the policy. Some leases also require payments into a reserve or sinking fund for unexpected repairs, and GOV.UK notes that money paid in usually cannot be recovered on moving home.

Ground rent is separate from the service charge. For a lease granted before 30 June 2022, GOV.UK says no ground rent is due unless the landlord has sent a formal written demand, and that unpaid ground rent can be recovered for up to six years. For a lease granted on or after that date, the charge is usually no more than a “peppercorn” of zero, under the Leasehold Reform (Ground Rent) Act 2022, although the change does not apply to someone who bought an existing lease from another leaseholder after that date.

Consultation before larger costs

Leaseholders must be consulted about running or maintenance costs if they would have to pay more than £250 for planned work or more than £100 a year for work and services lasting more than 12 months, according to GOV.UK. The steps are known as a Section 20 consultation. GOV.UK says there is a limit on what a leaseholder must pay if the landlord has not consulted properly, and suggests contacting the Leasehold Advisory Service for advice.

When a charge can be disputed

GOV.UK says an application to a tribunal may be possible if the leaseholder thinks a charge is unreasonable, thinks the standard of the work is unsatisfactory, or does not think it should be payable at all. An application cannot be made where the charge has been agreed, where the dispute is already before a court, or where a fixed charge is paid. The First-tier Tribunal (Property Chamber – Residential Property) hears leasehold disputes such as variable service charges, and GOV.UK also lists insurance costs, management disputes and lease variation among the cases covered. Mediation is suggested as an alternative, and leaseholders in flats may be able to change management through the Right to Manage or by asking the tribunal to appoint a manager after proving bad management.

How the tribunal process works

The tribunal’s guide (form T541, updated in January 2026) says an application form is needed in almost all cases and that a copy is sent to the other party. Some cases can be decided on paper, although any party can ask for a hearing. In many cases the tribunal issues directions on the documents to be exchanged and a hearing bundle prepared with numbered pages, typically including the lease and invoices. It may inspect the property, and inspection is considered necessary in most service charge cases. The guide states that a decision is usually issued within six weeks of the hearing.

Fees depend on the application, and the guide says a hearing fee of £227 becomes payable when notice of the hearing date is received. Help with fees may be available. A party who has paid a fee can ask for reimbursement, which the tribunal may order if fair.

Costs and the lease

The tribunal does not usually order the losing side to pay the other party’s costs, but it can order costs where unreasonable behaviour or failure to follow directions caused them. The guide adds that some leases let landlords include their tribunal costs in the service charge, and that section 20C of the Landlord and Tenant Act 1985 lets the tribunal, on a tenant’s application, order that such costs are not treated as relevant costs for the service charge.

FAQs

Can I refuse to pay a service charge while I dispute it?

GOV.UK warns that a landlord can take a leaseholder to court if they stop paying a charge they are responsible for, so take advice before withholding payment.

Is there free advice?

GOV.UK points to the Leasehold Advisory Service for free advice on service charges, lease extensions and buying the freehold.

Does this apply in Wales?

Not in the same form. GOV.UK says a different dispute process applies in Wales, where leaseholder applications go to the Leasehold Valuation Tribunal.

Bottom line

A leaseholder in England is entitled to see how service charges are calculated, to be consulted on works above the statutory thresholds and to apply to the Property Chamber where a charge is unreasonable or the work is poor. Applications have limits, fees apply and the lease itself matters, so confirm the position with the Leasehold Advisory Service or a solicitor. This is general information only.

Sources

• GOV.UK, “Leasehold property”
• GOV.UK, “Solve a residential property dispute”
• HM Courts & Tribunals Service via GOV.UK, “Service charges, administration charges and other management matters in the property tribunal (T541)”

A settlement agreement is a written, voluntary and legally binding document that settles an employment dispute, for example a possible employment tribunal claim. Acas guidance, which refers to courts in England and Wales and in Scotland, describes the conditions for validity and the rules on confidentiality. Northern Ireland has its own system and is not covered here.

What a settlement agreement is

According to Acas, settlement agreements used to be called compromise agreements. They are reached through discussion and negotiation and can include a financial payment, an employment reference, an agreement not to make a tribunal claim and a confidentiality clause. They can be made with a worker, a former worker or a job applicant, and can be used either to end employment or to settle a dispute while it continues, such as a disagreement about a bonus. Either side may suggest one. Acas cautions that a settlement agreement is not always the best way to resolve a problem: employers can often deal with issues through good performance management and fair discipline and grievance procedures, which is usually the quickest solution.

The conditions for validity

Acas states that a settlement agreement must meet every one of these conditions to be legally valid: it is in writing; it relates to a specific complaint or claim at an employment tribunal or another court; the worker gets advice from a relevant independent adviser; the adviser is insured; and the agreement names the adviser. The agreement must also state that these conditions are met and identify the specific claims it covers. Acas gives an example of what fails: wording that the agreement is in “full and final settlement of all claims” would not be valid.

Different claims depend on legal status. Some, such as unfair dismissal, can only be brought by employees, while a discrimination claim can be brought by employees, workers, former staff or job applicants.

Independent advice and time to consider

The independent adviser must not be employed by, or acting for, the employer. Acas lists a qualified lawyer, a certified and authorised trade union officer, official, employee or member, or a certified and authorised advice centre worker. The employer does not have to pay for the advice, but Acas says they should consider offering to. Because a settlement agreement is a legal document, Acas adds that employers should also take legal advice, and that if an offer is rejected they should try to address the underlying causes of the problem, for example through training, mediation or their performance and disciplinary procedures.

Employers should allow reasonable time to consider a written offer and take advice. Acas says its Code of Practice on settlement agreements recommends allowing at least 10 days, and that a disabled worker may need longer as a reasonable adjustment, for example to arrange a sign language interpreter. Inadequate time can, in some situations, allow settlement discussions to be used as evidence in a tribunal claim.

Confidentiality clauses and protected conversations

Acas explains that confidentiality clauses, sometimes called non-disclosure agreements, are voluntary and should make clear what can be shared and with whom. Employers cannot use them to stop a worker whistleblowing, reporting a crime to the police or, in England and Wales, sharing information about a crime to get advice and support as a victim. Acas also says that from 6 April 2026 sexual harassment is a qualifying disclosure under whistleblowing law.

Settlement discussions are usually confidential and cannot normally be used as evidence in a tribunal or court. Acas says this rests on the “without prejudice” principle and section 111A of the Employment Rights Act 1996, with exceptions for unambiguous impropriety or improper behaviour. It adds that there is no legal right to be accompanied at a settlement meeting, although allowing a colleague or union representative is good practice.

Payments and breach

Payments and any deductions should be set out in the agreement, and Acas notes that tax and National Insurance are usually deducted from wages, bonuses, commission, holiday pay and pay in lieu of notice. Tax on termination payments is complex, so advice from a tax adviser or HMRC is suggested. If the terms are broken, for example a payment is missed or confidentiality is breached, it is a breach of contract and a claim can be made to the county court in England and Wales or the sheriff court in Scotland.

FAQs

Do I have to accept a settlement agreement?

No. Acas describes them as voluntary, and a worker can negotiate or make a counter-offer.

Does my employer have to pay for my legal advice?

Not by law, according to Acas, although employers are encouraged to consider paying so that the worker can get proper advice.

Can a confidentiality clause stop me talking to the police?

No. Acas says employers cannot use a confidentiality clause to stop someone reporting a crime to the police or whistleblowing.

Bottom line

A settlement agreement is valid only when it is in writing, covers named claims, and the worker has taken advice from a named, insured, independent adviser. Confidentiality has legal limits, discussions are usually protected, and time to consider matters. Because signing gives up the right to bring the listed claims, general information like this is not a substitute for independent legal advice.

Sources

• Acas, “Using settlement agreements”
• Acas, “Settlement agreements: making a formal offer”
• Acas, “Settlement agreements: confidentiality”

A coroner investigates deaths that appear violent or unnatural, where the cause is unknown, or where the person died in prison, police custody or other state detention. GOV.UK says its rules apply if you live in England and Wales; Scotland and Northern Ireland use different processes. The Ministry of Justice guide for bereaved people (January 2020) explains what follows a report to the coroner.

What a coroner does

The guide describes a coroner as a special type of judge, appointed by a local authority but independent, who works within a legal framework mainly set by the Coroners and Justice Act 2009. The coroner’s task is to find out who died and how, when and where. A coroner’s investigation is not a criminal investigation, and the coroner cannot find anyone guilty or civilly liable; those questions belong to other courts. Where evidence suggests someone may be criminally responsible, the coroner can pass it to the police or Crown Prosecution Service.

GOV.UK says a coroner might decide no investigation is needed, might find the cause clear and issue a certificate that an inquest is not needed, or must hold an inquest if the cause is still unknown, the death may have been violent or unnatural, or it may have occurred in prison or police custody. A post-mortem may be ordered, and GOV.UK says it cannot be objected to.

Interested persons and disclosure

Close relatives and personal representatives count as “interested persons” under section 47(2) of the 2009 Act. The guide says they have the right to be told the dates of hearings, to receive evidence such as witness statements and expert reports (disclosure), to attend, to ask relevant questions of witnesses and to bring a person for support. The coroner’s office cannot give legal advice, and in a long investigation it should update relatives at least every three months. The guide says the coroner’s office must tell relatives the date, time and place of an inquest within a week of fixing it, and that all inquest hearings are recorded, with a right to ask for a recording. Copies of documents are free before and during the inquest, though a charge may apply afterwards, and the coroner should explain if any document or part of one cannot be provided.

How the inquest runs

An inquest is a public court hearing to decide who died and how, when and where. It should take place within six months, or as soon as reasonably possible, and the guide says a coroner who has not finished within 12 months must report to the Chief Coroner giving reasons. The inquest is usually opened briefly and then adjourned; in complex cases there may be pre-inquest review hearings to decide scope, documents and witnesses.

Only the coroner decides which evidence to hear. There is no prosecution or defence. A jury is needed for deaths in prison, police custody or other state detention (except natural causes), for deaths from an accident at work, and where the senior coroner thinks there is sufficient reason. Attendance is optional unless the person is asked to give evidence, in which case a written statement may replace attendance if the coroner agrees.

Conclusions and prevention of future deaths

At the end, the coroner or jury gives a conclusion, such as accidental death or misadventure, natural causes, suicide, lawful or unlawful killing, road traffic collision, or an “open” conclusion where evidence is insufficient. A short narrative conclusion may be used in more complicated cases. The guide adds that where a death could be prevented in future, the coroner must write a report to the relevant organisation, which must send a written response within 56 days.

Challenging a decision and complaints

A decision or conclusion can only be challenged in limited circumstances. The guide says the route is an application to the High Court for permission to seek judicial review, which must be made as soon as possible and no later than three months from the decision or end of the inquest, or an application involving the Attorney General for a fresh investigation. It recommends specialist legal advice. Complaints about a coroner’s personal conduct can go to the Judicial Conduct Investigations Office, and complaints about service to the coroner and the funding local authority.

FAQs

Do I have to go to the inquest?

Not unless asked to give evidence, according to the guide. Relatives are free to attend, and a supporter can come along.

Can the coroner say who was to blame?

No. The guide says a coroner or jury cannot find anyone criminally responsible or liable under civil law; those decisions belong to other courts.

Where can I get free support?

GOV.UK names the Coroners’ Courts Support Service, whose helpline for England and Wales is 0300 111 2141.

Bottom line

An inquest is a fact-finding hearing, not a trial. Relatives who are interested persons have the right to disclosure, to attend and to question witnesses, and a challenge must be brought promptly and usually through the High Court. This guide is general information based on official guidance and does not replace legal advice for a specific case.

Sources

• Ministry of Justice via GOV.UK, “A Guide to Coroner Services for Bereaved People” (PDF, January 2020)
• GOV.UK, “What to do after someone dies: When a death is reported to a coroner”

Winning a money claim in the County Court, Family Court or High Court of England and Wales does not put money in the winner’s hands. The official HM Courts & Tribunals Service guide says the court will not enforce a judgment unless it is asked to, and that a fee is payable for each step. Scotland and Northern Ireland have their own enforcement systems, which this guide does not cover.

The four enforcement routes

The HMCTS guide “What to do if you have a judgment but the defendant has not paid” (EX321) lists four ways of asking the court to enforce a money judgment: a warrant of control, an attachment of earnings order, a third-party debt order and a charging order. Each is aimed at a different asset: goods, wages or salary, savings, and property or other assets respectively. The guide says to choose the one most likely to produce payment, and gives the example that asking for an attachment of earnings order against an unemployed or self-employed defendant would waste time and money.

It also mentions that a judgment creditor owed £5,000 or more can apply to make the defendant bankrupt, although the guide notes this can be expensive.

Check the debtor’s position first

Before choosing, the guide suggests weighing whether the defendant is likely to be able to pay the debt and the court fee, whether they owe others money, own goods or property, are working, hold a bank or building society account, or have money owed to them by someone else. The Register of Judgments, Orders and Fines can show whether the defendant has other outstanding or previous judgments; the guide says the register holds judgments for six years and fines for five, that the Registrar must be asked to run a search, and that a fee applies per name searched.

Where little is known about the defendant’s finances, the guide describes an order to obtain information (form EX324). It is not itself a method of enforcement: it is a way of finding out about the defendant’s income, assets and spending so that an enforcement route can be chosen.

Warrant of control: taking goods

A warrant of control authorises court enforcement agents to try to collect the money or to take goods to sell at auction. GOV.UK’s page on applying for a warrant says the debtor must first have failed to pay, or fallen behind with at least one payment, and that in a county court the agents can try to recover any amount up to £5,000; a larger judgment can be transferred to the High Court, and for a judgment between £600 and £5,000 the creditor can choose the county court or the High Court. Agreements regulated by the Consumer Credit Act can only be enforced in a county court, with no upper limit. Family Court warrants have no upper limit either.

The EX321 guide adds that enforcement agents cannot always remove goods: essential household items, tradesman’s tools and goods on hire-purchase or rental agreements are protected, and goods are not taken if they would not raise enough to cover the warrant after costs. It warns that auction sales often raise only a fraction of original value.

According to the GOV.UK page, updated in July 2026, the county court fee for a warrant is £94 (the family court fee is £114 and the High Court writ fee is £80). After the court issues the warrant, the enforcement agency writes to the defendant saying it must be paid within seven working days, and the defendant can offer part-payment and ask for the warrant to be suspended.

Earnings, bank accounts and property

An attachment of earnings order tells the employer to deduct an amount from each pay day and send it to a collection office. The guide says it needs an employed defendant, and the court may make only a small instalment order, or none, if living costs exceed income.

A third-party debt order is usually used to stop the defendant taking money out of a bank or building society account, or to reach money someone else owes the defendant. The guide notes that the account is frozen when the bank receives the order, that an account which is overdrawn on that day cannot be used to pay, and that the defendant will know about the order and may stop paying money into the account.

A charging order prevents the defendant from selling property, land or investments without paying the debt, but the creditor does not receive money until the asset is sold. In some circumstances a further application can be made to force a sale. The guide says third-party debt orders and charging orders can be complicated and recommends advice from a solicitor or Citizens Advice.

Costs and help with fees

Fees are added to what the defendant already owes, but the guide states that the court cannot return what the creditor has paid if the money is not recovered or the application is refused. Help with fees may be available, with a separate application for each fee.

FAQs

Will the court chase the debtor for me?

No. The HMCTS guide says the court will not enforce the judgment unless it is asked to, so the winning party has to choose a route and apply.

Can I use these routes in Scotland or Northern Ireland?

No. The guidance describes the County Court, Family Court and High Court of England and Wales. Scotland and Northern Ireland have separate procedures for enforcing money judgments.

Does the court guarantee I will be paid?

No. Both GOV.UK pages say the court cannot guarantee that money will be recovered, which is why the guide encourages a check of the debtor’s means before choosing a route.

Bottom line

Enforcement is a separate decision from winning the case. The method should match the debtor’s assets, the fee is a real cost that may not be recovered, and a warrant of control has a £5,000 county court ceiling for most claims. This is general information, not legal advice; a solicitor, law centre or Citizens Advice can help with a specific judgment.

Sources

• HM Courts & Tribunals Service via GOV.UK, “What to do if you have a judgment but the defendant has not paid (EX321)”
• HM Courts & Tribunals Service via GOV.UK, “Apply for a warrant of control”

Victims of domestic abuse in England and Wales can ask a family court for a civil order that restricts the person who has abused them. GOV.UK’s guidance says there are three types: a non-molestation order, an occupation order and, in a limited number of areas, a domestic abuse protection order (DAPO). The person named can be arrested if they break the order. Anyone in immediate danger should report it to the police.

The three orders

A non-molestation order protects a person or their child from being harmed or threatened by the person who abused them. An occupation order decides who can live in the family home or enter the surrounding area. A DAPO is described as protecting against all forms of domestic abuse, and GOV.UK says it can stop someone coming to or near a home, decide who can stay in or return to it, require the person to attend a behavioural change programme, or require them to wear an electronic tag to check that conditions are being kept. This guide describes the family courts of England and Wales; Scotland and Northern Ireland have separate arrangements.

Who can apply

For a non-molestation order, the applicant is usually a victim of domestic abuse and the respondent is a current or former partner, a family member or someone the applicant lives or has lived with. GOV.UK lists spouses, civil partners and former spouses or civil partners; fiancés or proposed civil partners if the engagement or agreement ended less than three years ago; and a boyfriend, girlfriend or partner, or someone the applicant has been in a relationship with for more than six months. People with parental responsibility for a child or grandchild together can also apply. Applicants under 16 need High Court permission.

An occupation order is available where the applicant owns or rents a home that is, was or was intended to be shared with someone in a qualifying relationship, or where a married or civil-partnered applicant living in the home has “matrimonial home rights”.

Applying: cost, methods and privacy

GOV.UK says there is no court fee to apply for a non-molestation or occupation order. An application can be prepared online through the RCJ Citizens Advice CourtNav service, or made by email, post or in person by completing the application form with a supporting statement that ends with a statement of truth. Form C8 can be filed to keep an address and telephone number private. A hearing can be requested by video or phone where extra protection is needed.

Where protection is needed immediately, an emergency order can be requested on a “without notice” basis, meaning the other person is not told beforehand. The court holds a hearing that the applicant must attend, and an emergency order usually lasts until the full hearing. The respondent must still be told about the application afterwards.

Serving the papers, the hearing and enforcement

After the application, the court provides a notice of proceedings with the hearing date. The papers must be served on the respondent in person, and GOV.UK says the applicant should not serve them personally: a solicitor can do it, or the court can arrange it free of charge using form D89. Hearings are held in private, usually with only the parties and their representatives present.

At the end of the hearing the court may accept an undertaking (a promise) from the respondent, ask for more information while making a short-term interim order, or make an order. An order states what the respondent can and cannot do and how long it lasts, and it must be served on the respondent. If it is broken, the applicant can call the police. An order that is ending can be extended with form FL403 if the application is made before it expires; the court usually holds a further hearing within three weeks. Once an order has ended, a new application is needed.

DAPOs: where they can currently be used

GOV.UK says a DAPO can only be applied for where the person to be restrained lives in Greater Manchester, the London boroughs of Croydon, Bromley or Sutton, Hartlepool, Middlesbrough, Redcar and Cleveland, Stockton-on-Tees, or North Wales. Applications go to specific family courts, use form DA1 with a supporting witness statement and carry no court fee. If the respondent lives elsewhere, the guidance directs applicants to a non-molestation or occupation order instead.

FAQs

Do I have to pay a court fee?

GOV.UK states there is no fee to apply for a non-molestation order, an occupation order or a DAPO, although legal advice may cost money and legal aid may help.

Can I keep my address secret from the person I am applying against?

Form C8 is provided for keeping an address and telephone number private, and GOV.UK says contact details should be left out of a DAPO application if they are not to be shared.

What if the other person ignores the order?

GOV.UK says the person named in the injunction can be arrested for breaking it, and the police can be called.

Bottom line

Family courts in England and Wales can order protection from an abuser at no application fee, including emergency orders made without notice. Which order fits depends on the relationship, the home and, for DAPOs, where the respondent lives. Charities such as Refuge, Women’s Aid and Citizens Advice can help with applications; this is general information, not legal advice.

Sources

• GOV.UK, “Get an injunction if you’ve been the victim of domestic abuse”
• HM Courts & Tribunals Service via GOV.UK, “Apply for a domestic abuse protection order in a family court”