Legal guides

An employer cannot simply take money out of a worker’s pay. Part 2 of the Employment Rights Act 1996 restricts deductions, and a short pay packet can itself count as a deduction. The provisions discussed here apply in Great Britain (England, Wales and Scotland); GOV.UK says there is a different way to claim in Northern Ireland.

The basic rule in section 13

Section 13(1) says an employer must not make a deduction from the wages of a worker unless the deduction is required or authorised by a statutory provision or a relevant provision of the worker’s contract, or the worker has previously signified agreement or consent in writing. A “relevant provision” means a written term of which the employer gave the worker a copy before making the deduction, or a term whose existence and effect the employer notified to the worker in writing beforehand. Two timing rules protect workers: a contract variation does not authorise a deduction for conduct or events before the variation took effect, and consent given after the event does not authorise a deduction for conduct before the consent (section 13(5) and (6)).

Underpayment counts as a deduction

Under section 13(3), where the total wages paid on an occasion is less than the total properly payable, the shortfall is treated as a deduction. That covers unpaid commission, an unpaid bonus that the contract makes payable, or hours simply not paid. Section 13(4) creates an exception where the shortfall is attributable to an error of any description on the employer’s part in computing the gross amount payable so an error of that kind in working out gross pay is not treated as a deduction under that subsection. The guide on employment status explains who counts as a worker.

Deductions that are excepted

Section 14 lists deductions to which section 13 does not apply. They include reimbursing the employer for an overpayment of wages or of expenses, deductions after statutory disciplinary proceedings, deductions the employer must make under a statutory requirement and pay to a public authority in accordance with its determination, deductions under arrangements the worker agreed to in writing for paying a third person, deductions on account of participation in a strike or other industrial action, and deductions the worker agreed in writing to satisfy a court or tribunal order requiring payment to the employer. Because each exception has conditions, a deduction labelled as one of these is not automatically lawful.

Retail workers and cash shortages

For workers in retail employment, section 18 caps deductions made for cash shortages or stock deficiencies at one-tenth of the gross wages payable on a pay day, and the first deduction must be made within twelve months of the date the employer established the shortage or ought reasonably to have done so. Section 21 applies a similar one-tenth limit to demands for payment made on a pay day. These limits sit on top of the normal requirement that the deduction is authorised.

Claiming to an employment tribunal

Section 23 allows a worker to complain to an employment tribunal about an unauthorised deduction. The complaint must normally be presented within three months beginning with the date the wages were paid or, for a series of deductions, the last deduction in the series. A tribunal may allow a further reasonable period if it was not reasonably practicable to claim in time. The section also provides that the tribunal will not consider deductions from wages paid more than two years before the complaint was presented, subject to exceptions in subsection (4B). Where the complaint succeeds, section 24 lets the tribunal order the employer to pay the amount deducted.

GOV.UK says a claimant must tell Acas before making a claim, and that the time limit is put on hold while Acas helps to resolve the dispute. The steps are explained in the guide to Acas early conciliation and time limits, and a settlement reached with an employer is covered in settlement agreements at work.

FAQs

Can my employer deduct for a uniform or a mistake?

Only if a statutory provision or a written contract term already notified to the worker allows it, or the worker signified consent in writing beforehand; consent given afterwards does not cover earlier events.

Is an overpayment recoverable?

Section 14 excepts a deduction made to reimburse the employer for an overpayment of wages or expenses, so section 13 does not apply to it.

Is there a limit on how far back a claim can go?

Section 23 refers to a two-year limit on the wages paid before the complaint was presented, with exceptions, in addition to the three-month claim period.

The bottom line

In Great Britain an employer may deduct from wages only where the law, the contract or the worker’s prior written consent allows it, and a shortfall in pay can itself be a deduction. A worker who thinks money has been wrongly withheld has a short time limit for a tribunal claim, generally three months, so the dates matter. This is general information, not legal advice.

Sources

• legislation.gov.uk, “Employment Rights Act 1996, section 13: Right not to suffer unauthorised deductions”
• legislation.gov.uk, “Employment Rights Act 1996, section 14: Excepted deductions”
• legislation.gov.uk, “Employment Rights Act 1996, section 18: Limits on amount and time of deductions”
• legislation.gov.uk, “Employment Rights Act 1996, section 23: Complaints to employment tribunals”
• GOV.UK, “Make a claim to an employment tribunal”

Repeated unwanted contact, following or online monitoring can be unlawful even when no single act looks serious. The Protection from Harassment Act 1997 creates both criminal offences and a civil claim for damages and injunctions. This guide covers the provisions of the Act that legislation.gov.uk marks as applying to England and Wales; Scotland and Northern Ireland have their own arrangements.

What the Act prohibits

Section 1 provides that a person must not pursue a course of conduct which amounts to harassment of another and which they know or ought to know amounts to harassment. The “ought to know” test is objective: it is met if a reasonable person in possession of the same information would think the conduct amounted to harassment. A separate prohibition in section 1(1A) covers a course of conduct involving harassment of two or more people, intended to persuade any person not to do something they are entitled to do or to do something they are not obliged to do. Section 7 explains that harassing a person includes alarming them or causing distress, that “conduct” includes speech, and that a course of conduct involving a single person must occur on at least two occasions.

Defences

Section 1(3) says the prohibition does not apply if the person shows that the conduct was pursued to prevent or detect crime, was pursued under an enactment or rule of law or to comply with a condition or requirement imposed under an enactment, or that in the particular circumstances it was reasonable. The Crown Prosecution Service (CPS) guidance adds that the fewer the occasions and the wider they are spread, the less likely it is reasonable to find a course of conduct, citing case law.

The criminal offences

Section 2 makes pursuing a course of conduct in breach of section 1 an offence, punishable on summary conviction by up to six months’ imprisonment, a fine not exceeding level 5, or both. Section 2A creates the separate offence of stalking, where the conduct amounts to harassment, involves acts or omissions associated with stalking, and the person knows or ought to know it amounts to harassment. The examples in the Act include following a person, contacting or attempting to contact them by any means, publishing material about them, monitoring their internet or email use, loitering, interfering with their property and watching or spying. The maximum on summary conviction is 51 weeks, a level 5 fine, or both.

Section 4 covers a course of conduct that causes another person to fear, on at least two occasions, that violence will be used against them. It carries up to ten years’ imprisonment on indictment. The CPS guidance says the offences appear in sections 2, 2A, 4 and 4A, and that for the summary offences an information must be laid within six months of the last incident in the course of conduct.

The civil claim

Section 3 lets the victim, or a person who may become a victim, bring a claim in civil proceedings for an actual or apprehended breach of section 1(1). Damages can be awarded for, among other things, any anxiety caused and any financial loss resulting from the harassment. If the High Court or the county court grants an injunction restraining harassment and the claimant considers it has been breached, the claimant may apply for an arrest warrant, which can be issued only if the application is substantiated on oath and the judge has reasonable grounds for believing the defendant did something the injunction prohibited. Breach of an injunction without reasonable excuse is itself an offence, punishable on indictment by up to five years’ imprisonment or a fine, or on summary conviction by up to six months or a fine not exceeding the statutory maximum. Under section 3(7) and (8), conduct that leads to a conviction for breaching an injunction cannot also be punished as contempt of court, and conduct already punished as contempt cannot lead to a conviction.

The guides on the small claims court and help with court fees cover practical points for anyone considering court action.

Stalking Protection Orders

The CPS explains that the Stalking Protection Act 2019 introduced Stalking Protection Orders, which are civil orders made on the police’s application to a magistrates’ court. They can contain prohibitions and positive requirements to protect a victim from the risk of stalking, and the CPS is responsible for prosecuting breaches. The CPS also notes that where another offence such as controlling or coercive behaviour overlaps, prosecutors consider the conduct as a whole when choosing charges. Domestic settings have their own injunctions, explained in the guide to domestic abuse injunctions.

FAQs

Is one unwanted message harassment?

Not under section 7, which requires a course of conduct on at least two occasions for conduct involving a single person.

Can harassment be pursued in a civil court instead of the police?

Yes. Section 3 allows a civil claim for damages and an injunction, separate from any prosecution.

Does the Act cover online conduct?

Section 7 says conduct includes speech, and section 2A lists monitoring internet or email use and publishing material about a person as examples associated with stalking.

The bottom line

The Protection from Harassment Act 1997 protects people in England and Wales from repeated conduct that alarms or distresses them, through criminal offences of harassment, stalking and putting people in fear of violence, and through a civil claim for damages and injunctions. At least two occasions are needed for a course of conduct against one person. Anyone experiencing harassment can report it to the police or take legal advice; in an emergency call 999. This is general information, not legal advice.

Sources

• legislation.gov.uk, “Protection from Harassment Act 1997, section 1: Prohibition of harassment”
• legislation.gov.uk, “Protection from Harassment Act 1997, section 2A: Offence of stalking”
• legislation.gov.uk, “Protection from Harassment Act 1997, section 3: Civil remedy”
• legislation.gov.uk, “Protection from Harassment Act 1997, section 7: Interpretation”
• Crown Prosecution Service, “Stalking or Harassment” (legal guidance)

A deed poll is a legal document that proves a change of name. It is not the only way to change a name, and which type is needed often depends on the organisation asking for proof. This guide describes the process for people in England and Wales as set out by GOV.UK and the Deed Poll Office, part of the High Court, and points out where Scotland and Northern Ireland differ.

When a deed poll is and is not needed

GOV.UK says a person can change any part of their name, add or remove names or hyphens, or change the spelling. The new name must be pronounceable, must not include symbols, numbers or punctuation (apart from a hyphen or an established form such as O’Hara) and must not be offensive or against the public interest; adding “Ltd” to the end of a name is given as an example. A deed poll cannot be used to change which letters are capitalised, or to change titles such as Mr, Mrs, Sir, Lady or Doctor. Someone who takes a spouse’s or civil partner’s surname does not need one: a copy of the marriage or civil partnership certificate is sent to the record-holders. After a divorce or dissolution, a person may be able to revert to their previous name by showing the certificate and the decree absolute or final order, although GOV.UK says some organisations will not change the name back without a deed poll. There are different rules for people born in Scotland, and permanent residents overseas cannot use a deed poll.

The unenrolled deed poll

Anyone aged 16 or over can make an unenrolled deed poll and start using the new name straight away. GOV.UK says it needs two witnesses aged 18 or over, and some organisations will not accept a deed poll if a witness lives at the same address or is a close relative. It supplies standard wording in which the person confirms they have given up the old name and adopted the new one “for all purposes”, have told the police where that applies, and understand that authorities such as the passport service may check the history of both names. A specialist agency or a solicitor can prepare the document for a fee. The drawback is acceptance: GOV.UK warns that some organisations, such as some banks, mobile phone companies or energy providers, may only accept an enrolled deed poll and advises checking with the organisation first.

The enrolled deed poll

A person aged 18 or over can put a name change on public record by enrolling a deed poll with the High Court. GOV.UK lists the fee as £53.05 and says the application can be made online or by post. The applicant must provide a copy of a birth certificate, valid passport or certificate of naturalisation, and may be asked for supporting documents such as adoption papers, a marriage or civil partnership certificate, a spouse’s or partner’s written consent, and certified translations of documents that are not in English or Welsh. Divorced or widowed applicants must supply the decree absolute, final order or death certificate. The forms are LOC020, signed in front of two witnesses, and LOC021 and LOC027, signed in front of a solicitor or another authorised witness, then posted to the Deed Poll Office. It can take several months, and an update can be requested six months after applying.

Publication in The Gazette

Enrolment results in a public record of the name change and the applicant’s address in The Gazette. GOV.UK says that anyone with a strong reason why details should not be published can explain this in the application, and the judge may agree to publish only a first name or surname. A copy of the Gazette notice is sent to the applicant.

Children

To change a child’s name, the parent or guardian can either use a specialist agency or solicitor to make an unenrolled deed poll or enrol one with the High Court. Enrolment requires the agreement of everyone with parental responsibility or a court order, and GOV.UK says there must be an attempt to reach agreement before a court order is sought. Young people aged 16 or 17 can make their own unenrolled deed poll. The guide on parental responsibility explains who holds it.

Updating your passport and driving licence

GOV.UK says a passport must be replaced if the name changes, and that the name on it must match the one used to book travel. A deed poll, statutory declaration or affidavit is accepted for other name changes, together with proof of any previous changes and evidence that the new name is in use, such as a payslip or a council letter. GOV.UK lists an online application fee of £102 and a paper fee of £115.50, and warns that unexpired visas may become invalid. For a driving licence in Great Britain, DVLA says changing the name is free, that the licence application must be sent with the old licence and documents confirming the new name, and that the V5C log book must also be updated; Northern Ireland has a different process.

FAQs

Do I need a solicitor to make a deed poll?

No. An adult can make an unenrolled deed poll using GOV.UK’s wording and two adult witnesses, though a solicitor or agency can prepare it for a fee.

Is an unenrolled deed poll legally valid?

GOV.UK says it can be used straight away as proof of the new name, but some organisations may insist on an enrolled one, so check before relying on it.

Can I change my name to a title such as Dr?

No. GOV.UK says a deed poll cannot be used to change titles such as Mr, Mrs, Sir, Lady or Doctor.

The bottom line

A deed poll proves a name change in England and Wales, and a self-made unenrolled version can be used immediately by anyone aged 16 or over. An enrolled deed poll costs more and takes months but is public and more widely accepted. Checking what each organisation, including the passport service and DVLA, requires avoids repeating the process. This is general information, not legal advice.

Sources

• GOV.UK, “Change your name by deed poll”
• GOV.UK, “Change your name or personal details on your passport”
• GOV.UK, “Change the name or gender on your driving licence”

A parking charge notice from a private company on a supermarket, retail park or residential car park is not a fine issued under statute. It is a claim under contract or trespass, and the rules for pursuing the registered keeper of the vehicle are set out in Schedule 4 to the Protection of Freedoms Act 2012. This guide covers England and Wales, where Schedule 4 applies; GOV.UK notes that paying and challenging parking tickets works differently in Scotland and Northern Ireland.

Private charge or council penalty?

GOV.UK explains that a penalty charge notice (PCN) issued by a local council, for example, comes with a 28-day payment period, a charge certificate that adds 50% if unpaid, and ultimately a court order. For tickets from private companies, such as those in supermarket car parks, GOV.UK says to check the ticket or contact the issuer for deadlines and ways to pay. The distinction matters because a private operator has no statutory power to fine anyone. Schedule 4 defines a “parking charge” as a sum in the nature of a fee or charge where the obligation arises under a contract, or a sum in the nature of damages where it arises from trespass or another tort, however the sum is described.

Land that Schedule 4 covers

Schedule 4 applies to “relevant land”, which is any land other than a highway maintainable at public expense, a parking place provided or controlled by a traffic authority, or land where parking is subject to statutory control, meaning that a statutory provision imposes a liability in respect of parking there. A 2025 order added a carve-out for certain railway byelaws, in force from 26 December 2025. Where the charge is framed as damages for trespass, adequate notice of the sum must have been given to drivers, either by notices meeting any prescribed requirements or, if none apply, by notices that specify the sum for unauthorised parking and are adequate to bring it to drivers’ attention.

When the keeper can be held liable

The starting point is that the driver owes the charge. The right to recover from the keeper, under paragraph 4, arises only if the creditor cannot enforce against the driver because it does not know both the driver’s name and a current address for service. The keeper is presumed to be the registered keeper unless the contrary is proved. The operator must also have applied to the DVLA for the keeper’s details within the relevant period, the display requirements for signage must have been met at the start of the parking period, and the vehicle must not have been stolen at the start of the parking period, which is presumed unless the contrary is proved.

The notice deadlines

There are two routes. Under paragraph 9, where no notice was left on the windscreen or handed to the driver, a notice to keeper must be handed over or delivered within 14 days beginning with the day after the parking period ended. Under paragraphs 7 and 8, a notice to driver is first fixed to the vehicle or handed to the person in charge while it is stationary, and the notice to keeper must then be given in the period of 28 days that follows the 28 days beginning the day after the driver notice. A posted notice is presumed delivered on the second working day after posting, unless the contrary is proved. Each notice must relate to a single period of parking, identify the vehicle and land, state the amount unpaid, name the creditor, and mention any prompt-payment discount and the dispute or complaint arrangements available, including independent adjudication.

What the keeper can be asked to pay

Paragraph 4 says the right against the keeper can be exercised only after 28 days beginning with the day the notice to keeper is given. The maximum sum recoverable is the amount specified in the notice to keeper, less any later payments. The paragraph does not affect any other remedy the creditor has against the keeper or anyone else, but double recovery is not allowed. Where the vehicle is a hire vehicle, paragraph 13 provides for the keeper right not to apply in certain circumstances.

Appealing to POPLA

POPLA describes itself as an independent appeals service for parking charge notices issued on private land, free to motorists, which considers evidence from both the motorist and the operator. It warns that its decision cannot be reviewed later, so all details and evidence should go in with the appeal. The process begins with a verification number, then gathering evidence, submitting the appeal and tracking it. Schedule 4 itself refers to the creditor beginning proceedings to recover unpaid charges from the keeper; the guides to county court judgments and the small claims court explain what happens then.

FAQs

Can a private company fine me?

No. Schedule 4 treats the charge as a fee under contract or damages for trespass, not a fine,.

What if I was not the driver?

The keeper notice invites the keeper to name the driver and give a current address for service. Keeper liability arises only where the operator does not know both the driver’s name and address.

Does POPLA cover council tickets?

No. POPLA says it deals with parking charge notices issued on private land; council PCNs have separate rules described by GOV.UK.

The bottom line

Schedule 4 lets private operators pursue the registered keeper in England and Wales only if strict conditions are met, including the notice timings, prescribed evidence and signage requirements, and only for the sum stated in the notice. A charge is a civil claim rather than a fine, and POPLA offers a free independent appeal. Anyone facing a claim should check each notice against Schedule 4 and consider advice. This is general information, not legal advice.

Sources

• legislation.gov.uk, “Protection of Freedoms Act 2012, Schedule 4: Recovery of unpaid parking charges”
• GOV.UK, “Parking fines and penalty charge notices: Paying a ticket”
• POPLA, “Welcome to POPLA”

Squatting in a house or flat is a criminal offence in England and Wales, squatting in a shop or a field generally is not, and a person who occupies land long enough can in some cases apply to become its registered owner. The rules that decide which situation applies are often misunderstood. This guide covers England and Wales only; Scotland and Northern Ireland have separate law.

Squatting in a residential building

Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 makes it an offence, in England and Wales, to be in a residential building as a trespasser having entered it as a trespasser, where the person knows or ought to know they are a trespasser and is living there or intends to live there for any period. A building is “residential” if it was designed or adapted for use as a place to live before the time of entry, and the definition of building includes temporary or moveable structures. On summary conviction the maximum penalty is 51 weeks’ imprisonment, a fine not exceeding level 5 on the standard scale, or both.

The section does not catch a person holding over after a lease or licence has ended. GOV.UK adds that a tenant who falls behind with rent and stays put is not squatting. Removing a former tenant is a separate legal process, covered in the guide to how evictions work in England.

Non-residential buildings and land

GOV.UK explains that a non-residential property is any building or land that is not designed to be lived in. Simply being on someone else’s non-residential property without permission is not usually a crime in itself, although the police can act if squatters commit other offences. The examples given include damage, theft, using electricity or gas without permission and fly-tipping. The special squatting offence is therefore limited to residential buildings.

Duties to leave when asked

Section 7 of the Criminal Law Act 1977 creates a separate offence of adverse occupation of residential premises in England and Wales. A trespasser who fails to leave when required to do so by or on behalf of a displaced residential occupier or a protected intending occupier commits an offence, with a maximum of six months’ imprisonment, a fine not exceeding level 5 or both. There are defences, including a genuine belief that the person making the request was not such an occupier. GOV.UK also notes that it is usually a crime not to leave land or property when instructed by the owner, the police, the council or under a repossession order.

Why owners must not use force

Owners are often tempted to change locks or force entry. Section 6 of the Criminal Law Act 1977 makes it an offence, without lawful authority, to use or threaten violence to secure entry to premises where someone is present who opposes the entry, and the offender knows this. Having an interest in the premises, including ownership, does not in itself count as lawful authority, although the section exempts displaced residential occupiers and protected intending occupiers acting for themselves or through others. GOV.UK’s advice is blunt: do not try to remove squatters using force or the threat of force, because that is a crime.

Lawful ways to remove squatters

GOV.UK describes two court routes. An interim possession order (IPO) can be sought only if it has been 28 days or less since the owner found out about the squatting. The application goes to the local county court, the court sends confirmation within a few days, and the papers must be given to the squatters within 48 hours. After service, squatters can be sent to prison if they do not leave within 24 hours or if they return within 12 months. An IPO cannot be used where the owner is also claiming damages, or where the occupiers are former tenants, sub-tenants or licensees. After 28 days, or where an IPO is unavailable, the route is an ordinary claim for possession.

Adverse possession: when a squatter can claim ownership

Separately from the criminal law, GOV.UK explains that a long-term squatter can in some cases become the registered owner of land. The applicant must show continuous occupation for 10 years, or 12 years if the land is not registered with HM Land Registry, acting as the owner throughout and without the owner’s permission. For registered land the owner is told of the application and has 65 days to object, after which the application is usually rejected automatically. The squatter can reapply after two years if the owner has not tried to remove them and they remain in possession, and an owner who did nothing in that time cannot object again. The related guide on boundary disputes covers another way land ownership is contested.

FAQs

Is squatting in an empty house a crime?

If the building is residential, yes: section 144 of the 2012 Act creates the offence in England and Wales. For non-residential property, GOV.UK says being there without permission is not usually a crime by itself.

Can I change the locks while squatters are out?

Owners should take legal advice first. Using or threatening violence to secure entry is an offence under section 6 of the Criminal Law Act 1977 where someone inside opposes it, and GOV.UK warns against using force.

How long does adverse possession take?

GOV.UK gives 10 years of continuous occupation for registered land and 12 years for unregistered land, plus the other conditions that must be proved.

The bottom line

In England and Wales, squatting in a residential building is a specific criminal offence, squatting in other property is generally a civil matter unless other crimes occur, and owners must use the courts rather than force to regain possession. Long occupation can lead to an ownership claim through HM Land Registry. Anyone affected should take advice from a solicitor. This is general information, not legal advice.

Sources

• GOV.UK, “Squatting and the law”
• legislation.gov.uk, “Legal Aid, Sentencing and Punishment of Offenders Act 2012, section 144: Offence of squatting in a residential building”
• legislation.gov.uk, “Criminal Law Act 1977, section 6: Violence for securing entry”
• legislation.gov.uk, “Criminal Law Act 1977, section 7: Adverse occupation of residential premises”

A package holiday is protected by a specific set of rules that go further than ordinary consumer contract law. The Package Travel and Linked Travel Arrangements Regulations 2018 are marked on legislation.gov.uk as applying across the United Kingdom, so the rights described here are not limited to England and Wales, although court and enforcement routes differ between the UK nations. This guide summarises what the Regulations say about cancellations, changes, problems during the trip and compensation.

Which bookings the Regulations cover

Regulation 3 applies to packages offered for sale or sold by traders to travellers, and to linked travel arrangements, concluded on or after the commencement date. It excludes packages covering less than 24 hours unless overnight accommodation is included, packages offered occasionally on a not-for-profit basis to a limited group, and packages bought under a general agreement between a trader and a person booking for their trade, business or profession. A stand-alone flight or hotel booking is not a package or a linked travel arrangement, so these rules are not the source of rights for it.

Changes the organiser makes before departure

Under regulation 11 the organiser cannot unilaterally change the contract terms, other than price under regulation 10, unless the contract allows it, the change is insignificant, and the traveller is told clearly on a durable medium. Where the organiser must significantly alter a main characteristic of the travel services, cannot meet a special requirement, or proposes to raise the price by more than 8%, the traveller can accept the change or terminate without paying a termination fee. If the traveller ends the contract and does not take a substitute package, the organiser must refund all payments without undue delay and in any event within 14 days.

Cancelling your own booking

Regulation 12 lets a traveller terminate at any time before the start of the package. The organiser may charge an appropriate and justifiable termination fee, and must explain the amount if asked. If unavoidable and extraordinary circumstances at the destination or its immediate vicinity significantly affect the package or the carriage of passengers there, the traveller can terminate without a fee and is entitled to a full refund, although not additional compensation. Refunds after termination must be made within 14 days under regulation 14.

When the organiser cancels

Regulation 13 allows the organiser to terminate with a full refund if too few people have booked, provided notice is given no later than 20 days before the start for trips of more than six days, 7 days for trips of two to six days and 48 hours for shorter ones, or if unavoidable and extraordinary circumstances prevent performance. In those cases the organiser is not liable for additional compensation.

Problems during the holiday

Regulation 15 makes the organiser liable for performance of the travel services, whoever provides them. The traveller must tell the organiser about any lack of conformity without undue delay. The organiser must fix it within a reasonable period the traveller sets unless that is impossible or disproportionately costly. If the organiser refuses, or immediate remedy is needed, the traveller can arrange a fix and claim the necessary expenses without waiting. Where a significant proportion of services cannot be provided, the organiser must offer suitable alternatives at no extra cost, and if they are of lower quality, an appropriate price reduction. The traveller may refuse alternatives only if they are not comparable or the price reduction is inadequate. Where a lack of conformity substantially affects the package and is not fixed in time, the traveller can terminate without a fee and claim a price reduction, compensation or both.

Price reduction and compensation

Regulation 16 requires an appropriate price reduction for any period of lack of conformity unless the organiser proves the traveller caused it, and appropriate compensation for damage suffered. Compensation is not due where the organiser proves the problem was attributable to the traveller, to an unforeseeable or unavoidable third party unconnected with the services, or to unavoidable and extraordinary circumstances. Outside international-convention limits, a contract may cap compensation only if the cap does not apply to personal injury or to damage caused intentionally or negligently and is not below three times the total price.

Related routes

If a package was paid for by credit card, see our guide to Section 75 and chargeback. Goods and services claims outside packages are covered in our Consumer Rights Act guide.

FAQs

How quickly must a refund be paid?

Regulations 11 and 14 require refunds after termination without undue delay and in any event within 14 days.

Can the organiser raise the price after booking?

A proposed price increase of more than 8% triggers the right under regulation 11 to accept the change or to terminate without a termination fee.

Do I have to complain during the holiday?

Regulation 15(3) says the traveller must tell the organiser about a perceived lack of conformity without undue delay.

Are flight-only bookings covered?

Regulation 3 covers packages and linked travel arrangements, so a stand-alone booking is outside these rules.

The bottom line

Package travel bookings carry statutory rights to refunds, alternative arrangements, price reductions and compensation that depend on the organiser rather than on the individual hotel or airline. Refunds after termination are due within 14 days, and problems should be reported to the organiser promptly. Exceptions such as unavoidable and extraordinary circumstances can remove the right to compensation. This is general information, not legal advice on a specific booking.

Sources

• legislation.gov.uk, “The Package Travel and Linked Travel Arrangements Regulations 2018, regulation 3: Scope”
• legislation.gov.uk, “Package Travel Regulations 2018, regulation 11: Alteration of the package before the start”
• legislation.gov.uk, “Package Travel Regulations 2018, regulation 12: Termination of the package travel contract by the traveller”
• legislation.gov.uk, “Package Travel Regulations 2018, regulation 13: Termination by the organiser”
• legislation.gov.uk, “Package Travel Regulations 2018, regulation 14: Refunds in the event of termination”
• legislation.gov.uk, “Package Travel Regulations 2018, regulation 15: Responsibility for the performance of the package”
• legislation.gov.uk, “Package Travel Regulations 2018, regulation 16: Price reduction and compensation for damages”

Civil cases sometimes turn on evidence from a person who is not a party, such as a former employee, a neighbour or a company holding relevant records, and that person may be reluctant to attend. A witness summons is the court order that can require it. This guide covers civil proceedings in the county court and High Court of England and Wales under Part 34 of the Civil Procedure Rules. Criminal courts use a different summons procedure, and Scotland and Northern Ireland have their own systems.

What a witness summons does

Rule 34.2 describes a witness summons as a document issued by the court requiring a witness to attend court to give evidence or to produce documents to the court. It can require both. Each witness needs a separate summons, and it must be in the prescribed practice form; HM Courts & Tribunals Service publishes this as form N20, described as the form used to issue someone with a witness summons to give evidence at a hearing about a claim and/or to give requested documents.

The rule also limits document requests. The only documents a summons can require a person to produce before a hearing are documents that the person could be required to produce at the hearing itself.

When and where it is issued

A summons is issued on the date the court enters on it, by the court where the case is proceeding or the court where the hearing will be held. Under rule 34.3, permission is needed to have a summons issued less than seven days before the trial, to require attendance or production on a date other than the trial date, or for any hearing other than the trial. The court can also set aside or vary a summons. Practice Direction 34A says two copies should be filed with the court for sealing.

Timing of service

The general rule in rule 34.5 is that a summons is binding if served at least seven days before the date the witness must attend, although the court can direct that a later-served summons is still binding. A summons that requires attendance to give evidence remains binding until the hearing at which the witness is needed has concluded.

Who serves it and what the witness is paid

The court serves the summons unless the party asking for it says in writing that they wish to serve it themselves (rule 34.6). At the time of service the witness must be offered or paid a sum reasonably sufficient to cover travel to and from court, plus compensation for loss of time (rule 34.7). Practice Direction 34A explains that where the court serves the summons the issuing party must deposit money with the court covering travel and any earnings or benefit lost, or a lesser sum if that is what the witness is shown to lose, and that the loss-of-time sum is based on the amounts payable to witnesses attending the Crown Court. A party who serves it personally must notify the court in writing and offer those sums at the time of service.

Ignoring a summons

Rule 34.7A refers to fines imposed under section 55 of the County Courts Act 1984 for failing to comply with an order. The rule says a person who can show a reason why they should not be, or should not have been, fined may be directed to give evidence by witness statement, affidavit or otherwise. Because rule 34.3(4) allows the court to set aside or vary a summons, a recipient with concerns about it can raise them with the court.

Depositions as an alternative

Where a witness cannot attend the hearing, rule 34.8 allows a party to apply for an order that a person be examined on oath before a judge, an examiner of the court or another person the court appoints, in advance of the hearing. That witness must likewise be offered travel expenses and compensation for loss of time.

FAQs

Which court issues the summons?

Under rule 34.3 it is issued by the court where the case is proceeding or the court where the hearing in question will be held.

Do I have to pay the witness?

The party issuing the summons must make sure the witness is offered travel expenses and compensation for loss of time when the summons is served.

What if the summons reaches me at short notice?

The general rule is that a summons is binding if served at least seven days beforehand, unless the court directs otherwise.

Can a summons ask for documents only?

Yes. Rule 34.2 lets a summons require production of documents without attendance to give evidence, subject to the limits on what can be required.

The bottom line

A witness summons is the civil courts’ way of compelling a non-party to give evidence or produce documents in England and Wales. It must be in the right form, issued by the right court, served at least seven days before attendance in the usual case, and accompanied by an offer of expenses and compensation for lost time. Anyone thinking of using one, or served with one, should read Part 34 and consider legal advice. This is general information, not legal advice.

Sources

• Ministry of Justice, “Civil Procedure Rules, Part 34: Witnesses, depositions and evidence for foreign courts”
• Ministry of Justice, “Practice Direction 34A: Depositions and court attendance by witnesses”
• GOV.UK, “Witness summons: Form N20”

Losing a civil case does not always end the matter, but an appeal is not a second chance to argue the same points. This guide covers appeals from civil decisions of the county court and High Court in England and Wales under Part 52 of the Civil Procedure Rules. Criminal appeals, tribunal appeals and Scottish or Northern Irish proceedings follow different rules and are not covered here.

Grounds for an appeal

HM Courts & Tribunals Service guidance states that a party cannot appeal just because they think the judge “got it wrong”. There must be proper legal grounds, for example a serious mistake or a procedure that was not followed properly. Rule 52.21(3) of the Civil Procedure Rules says the appeal court will allow an appeal where the decision of the lower court was wrong, or unjust because of a serious procedural or other irregularity in the proceedings.

Usually a review, not a rehearing

Under rule 52.21(1) an appeal is limited to a review of the lower court’s decision unless a practice direction provides otherwise or the court considers it in the interests of justice to hold a rehearing. Unless it orders otherwise, the appeal court will not receive oral evidence or evidence that was not before the lower court. The GOV.UK guidance repeats that new evidence cannot be introduced without the appeal court’s permission. A party also cannot rely at the hearing on a matter missing from the appeal notice unless the court allows it.

Permission to appeal

In most cases permission is needed. The guidance says it can be asked for at the end of the hearing, and if it was not granted or not asked for, an application is made to the appeal court in the appellant’s notice. Under rule 52.6 permission may be given only where the appeal would have a real prospect of success or there is some other compelling reason for it to be heard, and the order may limit the issues or attach conditions. A second appeal, meaning an appeal from a decision that was itself made on appeal, is harder: rule 52.7 requires the Court of Appeal to be satisfied that the appeal has a real prospect of success and raises an important point of principle or practice, or that another compelling reason exists.

Deadlines

The appellant’s notice must be filed within the time set by the judge whose order is challenged. If the judge sets none, the guidance says the notice must be filed within 21 days of the decision being appealed. For the Court of Appeal it is generally 21 days, subject to exceptions listed in separate guidance. Because time is short, a person who is considering an appeal should act immediately and consider whether they need legal advice.

Which court hears it

The general rule in the guidance is that an appeal goes to the next level of judge. An appeal from a district judge in the county court, other than certain company-law and contempt decisions, is heard by a circuit judge in the county court. An appeal from a circuit judge in the county court generally goes to the High Court. Insolvency proceedings and the High Court have their own tables in the guidance.

Forms and what happens next

Most appeals use form N161, while an appeal against an order in a case allocated to the small claims track uses form N164. Court fees usually apply, though help with fees may be available. After filing, the court sends the papers to the respondent, or the appellant must serve sealed copies within seven days. If permission is refused on paper, the appellant may ask for a reconsideration at a hearing within seven days of receiving notice of the refusal, unless the judge has ordered that the application cannot in any way be justified and so no hearing is available. If permission is refused again at that hearing there is no further appeal, according to the guidance.

Costs risk

The guidance warns that an appeal can be costly and lengthy and that a losing appellant may be ordered to pay the other side’s costs. Before starting, it can help to read about small claims and help with court fees.

FAQs

Can I appeal because I disagree with the judge’s view of the facts?

Disagreement alone is not enough. The appeal must show the decision was wrong or unjust because of a serious procedural or other irregularity.

Do I always need permission?

Usually, yes. The guidance says there are exceptions, such as a committal order, and permission is sometimes given at the hearing itself.

What if I missed the hearing?

For small claims, the guidance says a party who did not tell the court they would not attend can apply to set the judgment aside. If they did tell the court, appeal with permission is the route.

Can I put in new evidence?

Not without the appeal court’s permission.

The bottom line

An appeal against a civil decision in England and Wales is a review for legal error or serious unfairness, not a fresh trial. Permission is usually required and depends on a real prospect of success or a compelling reason, and the standard deadline is 21 days if the judge sets no other. Because of the cost risk and the strict rules, it is worth taking legal advice on the grounds before filing. This is general information, not legal advice.

Sources

• HM Courts & Tribunals Service, “Appealing against a court decision in civil and family cases (EX340)”
• Ministry of Justice, “Civil Procedure Rules, Part 52: Appeals”

A rent repayment order (RRO) lets a tenant recover rent from a landlord who has committed certain housing offences, without waiting for a prosecution. The statutory chapter in the Housing and Planning Act 2016 is marked as applying to England and Wales, but the Government’s tenant guidance cited below applies to England, and this guide follows that guidance. Tenants in Wales should check the Welsh rules separately.

What an RRO is

GOV.UK guidance for private tenants describes an RRO as an order that lets a tenant receive up to two years’ worth of rent from a landlord who has committed a listed offence. The application goes to the Property Chamber of the First-tier Tribunal, which the guidance describes as less formal than a regular court. Under section 43 of the 2016 Act the Tribunal may make an order if satisfied beyond reasonable doubt that the landlord committed an offence, and this applies whether or not the landlord has been convicted.

Which offences count

The GOV.UK offences guidance lists ten. They include running an unlicensed house in multiple occupation or an unlicensed house in a selective licensing area (sections 72(1) and 95(1) of the Housing Act 2004), failing to comply with an improvement notice or prohibition order, illegal eviction and harassment under the Protection from Eviction Act 1977, violence to secure entry, breach of a banning order, and three offences under section 16J of the Housing Act 1988. Those last three relate to knowingly or recklessly misusing a possession ground, letting or marketing a property within twelve months of using the “moving in” or “selling” ground, and continuous breach of certain tenancy reform requirements. For background on licensing, see our HMO licensing guide.

Time limit and the 1 May 2026 change

The guidance states that for offences committed before 1 May 2026 different rules apply: the maximum repayable is one year’s rent rather than two years’, and the application must be made within one year of the offence rather than two. For later offences a tenant may apply within two years. Section 41(2)(b) of the 2016 Act now reads “2 years”, the amendment having taken effect on 1 May 2026 through the Renters’ Rights Act 2025. Applications for offences 8 and 9 in the list can still be made after the tenant has moved out.

Who can be named

An order can be made against a landlord, whether immediate, superior or a company, against a director, manager or similar officer of a company landlord, or against a licensor. The guidance says a letting or managing agent should not be named because an RRO cannot be made against them, and that rent can be recovered even if it was paid to an agent. Where several landlords are found to have committed the offence they are jointly and severally liable for the full amount.

What can be recovered

The maximum is two years’ rent paid. For one-off offences such as illegal eviction the period ends with the date of the offence, and for ongoing offences such as licensing failures the period is the time the offence was continuing. Rent paid through Housing Benefit or Universal Credit cannot be claimed by the tenant; the guidance says a council may apply for that part. The Tribunal decides the final figure. It considers the landlord’s conduct, the tenant’s conduct and previous convictions, financial penalties or RROs. Where the landlord has previously faced formal enforcement for the same offence, or has already been convicted or penalised for it, the guidance says the Tribunal must set the maximum unless there are exceptional circumstances.

Preparing an application

Applications are made on form RRO1. The tenant carries the burden of proof and should compile an applicant bundle, because the Tribunal may refuse evidence not included in it. Councils may be able to supply licensing and enforcement information. An application fee is due at the start and a hearing fee if a hearing is listed. If successful, the landlord is usually given a maximum of 28 days from the decision to pay. The guidance also says a landlord cannot evict a tenant for applying for an RRO, though tenants who fear damaging the relationship may choose to apply after moving out, within the time limit.

FAQs

Does the landlord need to have been convicted?

No. Section 43 says the Tribunal may act whether or not the landlord has been convicted, but the offence must be proven beyond reasonable doubt.

Can I apply after moving out?

Yes, provided the application is within the time limit. The guidance says a tenant does not need to be living in the property when applying.

Can I claim rent paid by Universal Credit?

Not personally. The guidance says the housing element paid through Housing Benefit or Universal Credit can only be recovered by the council.

Can I name my letting agent?

No. The guidance says an RRO cannot be made against a letting or managing agent, so the landlord or other eligible person should be named.

The bottom line

A rent repayment order gives private tenants in England a route to recover rent from a landlord who has committed a listed offence, with a two-year time limit and a two-year maximum for offences committed from 1 May 2026. The tenant must prove the offence to the criminal standard, name the right respondent and gather evidence for the Tribunal. This is general information, not legal advice on a specific tenancy.

Sources

• GOV.UK, “Rent Repayment Orders: guidance for tenants”
• GOV.UK, “Rent Repayment Orders offences: guidance for tenants”
• legislation.gov.uk, “Housing and Planning Act 2016, section 43: Making of rent repayment order”
• legislation.gov.uk, “Housing and Planning Act 2016, section 41: Application for rent repayment order”

A postal notice headed “single justice procedure notice” can look like an ordinary fine, but it starts a criminal prosecution. This guide covers England and Wales, where the procedure sits in the Magistrates’ Courts Act 1980; the official guidance notes that different rules apply to cases in Scotland and in Northern Ireland.

What the single justice procedure is

When someone is charged with a minor offence, the case may be decided by a magistrate without a courtroom hearing. GOV.UK describes this as the single justice procedure. The legal basis is section 16A of the Magistrates’ Courts Act 1980, inserted by section 48 of the Criminal Justice and Courts Act 2015. It allows a magistrates’ court to try a written charge on the papers where the offence is a summary offence that is not punishable with imprisonment and the accused was 18 or over when charged. The case can be dealt with by a single justice, the court does not have to sit in open court, and it may proceed in the absence of the parties.

The 21-day deadline

The notice comes with the written charge. GOV.UK says there are 21 days from the date shown on the notice to respond, and that the notice explains who brought the case (the police or TV Licensing, for example), how to enter a plea and whether it can be done online. A plea of guilty or not guilty must be given. The statute frames the process around notifications: the case can only be tried on the papers if the accused has not notified the court, within the period set by the Criminal Procedure Rules, that they wish to plead not guilty or do not want to be tried this way.

Pleading guilty

GOV.UK states that a guilty plea can reduce the fine by up to 33%. A defendant who pleads guilty can choose whether to attend court. Without attending, the magistrate decides on the information available and a letter follows with the decision. Attending is possible if the defendant wants to put information to the magistrates in person. Whichever route is chosen, “mitigation”, meaning information about personal circumstances, may reduce a fine or sentence. Under section 16A(3) the court considers only the papers served and any written mitigation submitted by the accused, and may not hear oral evidence.

Pleading not guilty

GOV.UK says a defendant who pleads not guilty has to go to court and give information to the magistrates in person, and a letter will confirm the hearing date. In other words, the papers-only route is not used to decide a disputed case.

What a paper sentence can include

Section 49 of the 2015 Act adds section 121(5A) to the 1980 Act, which limits what a court can do when it tries a case under section 16A. The list includes fines, compensation orders, the victim surcharge, prosecution costs, driving disqualification and endorsement, attachment of earnings orders, benefit deductions, collection orders and discharges. Custody is not on that list, and section 16A(9) says the court may not remand the accused.

If you do not respond

If nothing is returned within 21 days, GOV.UK explains that the magistrate will decide the case without the defendant’s say. A person may be found guilty and sentenced without any reduction for a guilty plea, the fine or penalty points may be higher, and money may be taken from pay or benefits. Someone who did not know about the case can ask for it to be reopened, which GOV.UK says usually has to be done within 21 days of finding out about it.

Where to get help

The notice itself says whether an online plea is available. GOV.UK lists the Courts and Tribunals Service Centre for technical or procedural queries and a separate support line for people without internet access, and points to Advicenow for detailed guidance and to legal advice generally. A free initial consultation may help; see our guide to what to expect from a free initial legal consultation.

FAQs

Can I be sent to prison under the single justice procedure?

Section 16A applies only to summary offences that are not punishable with imprisonment, and the sentencing powers in section 121(5A) do not include custody.

Do I have to go to court if I plead guilty?

No. GOV.UK says a defendant who pleads guilty can choose whether to attend, and the magistrate can decide on the papers.

Will I be told the outcome?

GOV.UK says a letter with the magistrate’s decision is sent to a defendant who did not attend court. The Courts and Tribunals Service Centre can also give case information if you quote the case reference number from the notice.

I never received the notice. What can I do?

GOV.UK says a case can be reopened if the defendant did not know about it, usually by acting within 21 days of finding out.

The bottom line

In England and Wales a single justice procedure notice starts real criminal proceedings with a short response window. The 21-day deadline matters because ignoring the notice means a decision is made without the defendant’s input and without any credit for pleading guilty. A guilty plea can reduce a fine by up to 33%, a not guilty plea leads to a hearing, and written mitigation is the way to put personal circumstances before the court. This is general information, not legal advice on a particular case.

Sources

• GOV.UK, “Single justice procedure notices”
• legislation.gov.uk, “Criminal Justice and Courts Act 2015, section 48: Trial by single justice on the papers”
• legislation.gov.uk, “Criminal Justice and Courts Act 2015, section 49: Trial by single justice on the papers: sentencing etc”