Glasgow Times

The law man

- Austin Lafferty

I WAS at work and a pallet stacked with flatpack units fell off a shelf on to me. I strained my back and it has steadily got worse, so I can now no longer lift stock in the factory. I don’t want to make a fuss with a claim but I am really suffering.

You must claim. And if you leave it too long (i.e. more than three years without getting settlement out of court, or starting a court action) your claim will be time-barred and will be lost permanentl­y. If you suffer pain and/or lose earning capacity, your employer is liable.

OUR communal path leads to the neighbour’s back door, and they have erected a large gate with a bolt outside our door. We are really annoyed, and gave no permission for this obstacle. The neighbour says it is legal and for security purposes.

If you own your home check your deeds. I doubt they give any neighbour the right to obstruct a common access path. If rented, ask your landlord if permission was given and check your lease to see if there is any permission for neighbours to do this. I suspect the neighbour has no right to do this without your consent.

MY elderly mother has £21,000 savings but is receiving full state benefits. I have told her there may be a limit to the money she is allowed and she may be committing fraud each time she cashes her pension. I can’t seem to get through that she should at least make inquiries about the position to stop her possibly digging a deeper hole

I am not a benefits expert, but I think if a person gets income support/pension credit, there are different calculatio­ns that apply as to how much capital you can have. With income support the upper limit is £16,000. Your mum may not have been committing a criminal act if she genuinely made an error (though ignorance of the law is actually no excuse when it comes to court matters), but whatever the exact limits are, there are two things to advise: Firstly she must tell the Department for Work and Pensions of the situation. If she continues to claim she does run a risk of prosecutio­n. And secondly, when the time comes for her to pass away, the DWP will see informatio­n on the estate she leaves and reclaim any overpaymen­t via the executor.

MY husband of 23 years left me five years ago for another woman. He now wants me to sell the house as the youngest child is 16. It’s in joint names. I want to divorce him for adultery but my lawyer says there is no point. And why should I be forced to sell when the break-up was not my fault?

The law distinguis­hes between the grounds of divorce or break-up from the financial and property aspects. Your lawyer’s advice is good – a divorce for adultery will not get you any better settlement. The recent wellpublic­ised English no-fault divorce case and reform proposals are not relevant to you in Scotland. While you could certainly proceed on adultery, it would be simpler and cheaper to use separation as the ground of divorce. And if the property is in joint names he can force a sale.

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