時間2017年3月11日
律師專家小組：謝佳
案例1
當事人是跟妻子結婚快38年， 兩人育有兩個子女。 夫妻開外賣店， 當事人負責廚房妻子負責前臺及外賣店運營事務。
律師建議其先向銀行諮詢看能不能找到當初其妻冒用其名義向銀行借錢的檔副本或其他資訊， 並提供其並不知情的證據。 同時當事人可以向警察局報案因為這涉嫌欺詐。
關於離婚問題， 律師向當事人大致介紹了英國離婚的程式及理由。 在英國離婚理由包括通姦， 不合理行為， 遺棄， 分居超過兩年及分居超過五年。 夫妻任何一方可單方面向法庭申請離婚。 在英國離婚涉及不同的程式且因不同離婚理由， 時間從4到5個月到幾年時間不等。 如夫妻雙方財產情況複雜， 可能需要多點時間分割財產。
最後， 在英國很多華人因不懂英文或英文水準不高， 很多情況下由其他人掌管其經濟事務。 如當事人對其帳戶情況有懷疑或其他疑問， 請及時諮詢銀行或請求其他幫助以避免更大的損失。
The person has been married with his wife for almost 38 years. They have two children together. The couple run a take away shop. The person works in the kitchen while his wife runs the front desk and is in charge of the financial side of the business. Because the person does not speak good English, for a long time his wife has been dealing with his bank account on his behalf. In 2016, he received a letter from his bank that there has been a loan over 10 thousand pounds under his name which he didn't know about. His wife had been hiding his bank statements for the reason that he doesn't understand English. The person confronted the wife and he also found out that in the last year or so she had used his bank card to cash in through a casino and other means and accumulated debts of over 60 thousand pounds on his card. The person suspects that his wife was used and deceived by somebody else. The person wants to know what he can do in this situation. He also wants to know his options if his wife files for divorce.
The lawyer advised him to find out more information from his bank first and to see if he can obtain copied documents of the loan application. The person should also provide evidence that he wasn't aware of the loan application. In the meantime, the person should also consider whether to report to the police because this is fraud and it is a criminal offence. The police can also investigate. Also the person should consider how he will deal with payment of the debts to the bank.
The lawyer gave an overview of how to file for a divorce in the UK the reasons for which include adultery, unreasonable behaviour, desertion, having lived apart for at least 2 years and having lived apart for at least 5 years. Getting a divorce in the UK involves various procedures and, depends on the ground for divorce, might take 4/5 months to a few years. It might take longer if the couple have more joint assets to divide.
Finally, a lot of Chinese living in the UK do not speak any or much English. In most situations these persons rely on others to deal with their finances including bank accounts. If they have suspicion or other doubts regarding their bank accounts, they should speak to their banks or ask for help from other means to avoid bigger losses.
案例2
當事人是一位家庭護工。 其工作需要到客戶家裡提供各項護理服務。 當事人通過其雇主（一家護理仲介）提供服務。 2015年11月， 當事人搭巴士去客戶家裡途中摔倒肩膀骨折並被送醫救治。 治療之後當事人需要定時回醫院複診。 2016年4月， 在一次去複診路上當事人再次摔倒導致左腿骨折。 第一次事故發生時當事人及時向雇主報告並提供醫院證明及醫生報告等資料以便雇主向保險公司索賠。 第二次事故發生時當事人並沒有向雇主報告認為這不算工傷。 自第一次事故發生後當事人沒辦法工作。 當事人除收到雇主發放的28周病假工資之外並沒有收到其他賠償（包括保險公司賠償）。 當事人通過其兒子向雇主溝通之後被告知保險公司已經打算向當事人發放賠償，
律師建議將其案件轉介到英中律師協會尋求其他律師幫助。 另外律師建議當事人向人身傷害事故賠償專業人士尋求相關法律諮詢其他工傷索償的可能性。
The person is a domestic carer. She provided all sorts of home care to clients through an agency which is her employer. In November 2015, the person broke her shoulder on the pedestrian pavement while she was getting off the bus on her way to her next client's home. The person was taken to hospital and received treatment. The person was required to go back to the hospital for regular check-ups and treatments. In April 2016, she broke her leg during one of these journeys to the hospital. She reported the first injury to her employer and provided evidence required including hospital records and doctor's sick notes so that her employer can claim insurance for her. The person didn't report to her employer regarding the second injury as she thought that it wasn't work related. She had been off work since because she wasn't fit to get back to work. The person received 28 weeks sick pay from her employer but no other compensation (including insurance compensation), although she has received confirmation email forwarded to her daughter (on her behalf) that the insurer was going to make a payment. Her employer advised her that they have done what they can for the insurance and it is up to her to claim with the insurer directly. The person wants to know someone can claim insurance on her behalf for free.
The lawyer advised the person that she would refer her case to the group and see if anyone can take on her case. The lawyer also advised the person that she might have other compensation claims due to work related injury. A claim assessor or person injury specialist should be able to advise her further on the possibility of a compensation claim.
案例3
當事人與其丈夫有一房屋出租。 其租客因失業無法及時交租金已拖欠上個月租金達兩三周。 租客向當事人承諾其已找到工作並將儘快交租金。 當事人諮詢如租客未履行承諾交租的話有沒有其他途徑索要租金。 租客之前提交了6周押金。 當事人確認其押金已按要求提交到政府押金保障計畫。
律師建議當事人等到租客承諾的日期。 如其未按承諾交租金， 當事人可考慮按合同通知期限終止租約並從租客押金扣除拖欠租金。 如租客未在租約終止時搬遷， 當事人可向租客提交法定租約終止通知（S21 notice）。 此法定終止通知要求房東給予當事人至少兩個月通知。 英國法律規定在2015年10月1日之後簽的租約， 房東應當填相應的表格。 如租約在2015年10月1日前簽署， 則房東可已書面形式提交終止通知， 當應寫明是按照英國住房法第21條規定提交的通知。 另外房東應注意在2007年之後簽署的租約， 房東如要提交法定租約終止通知， 房東應確保押金已按要求提交到政府押金保障計畫。
The person and her husband is renting a property. Their tenant has not been able to pay last month's rent in time for two to three week because he has lost his job. The tenant promised to the person that he would pay the rent in the next week or so because he has found a new job. The person asked if the tenant did not pay the rent as promised what their options are. The person confirmed that they have received 6 weeks deposit from the tenant and has deposited it at the government's tenancy deposit scheme.
The lawyer advised the person to wait until the promised deadline. If the tenant did not pay the rent as promised, then the person could consider ending the tenancy by giving the required notice to the tenant. If the tenant did not move out at the end of that notice period, then they can serve a S21 notice to get the property back at the end of the notice period. A S21notice requires the landlord to give the tenant at least 2 months' notice. UK law requires the landlord to fill in a form for the notice if the tenancy was entered into on or after 1 October 2015. If the tenant was entered into before 1 October 2015, the landlord can write his notice but has to make clear that it is given under section 21 of the Housing Act 1988. Furthermore, the lawyer reminded landlords that for tenancies entered into after 2007, as a condition for serving a S21 notice, landlords should put the deposit into a tenancy deposit protection scheme.
The person and her husband is renting a property. Their tenant has not been able to pay last month's rent in time for two to three week because he has lost his job. The tenant promised to the person that he would pay the rent in the next week or so because he has found a new job. The person asked if the tenant did not pay the rent as promised what their options are. The person confirmed that they have received 6 weeks deposit from the tenant and has deposited it at the government's tenancy deposit scheme.
The lawyer advised the person to wait until the promised deadline. If the tenant did not pay the rent as promised, then the person could consider ending the tenancy by giving the required notice to the tenant. If the tenant did not move out at the end of that notice period, then they can serve a S21 notice to get the property back at the end of the notice period. A S21notice requires the landlord to give the tenant at least 2 months' notice. UK law requires the landlord to fill in a form for the notice if the tenancy was entered into on or after 1 October 2015. If the tenant was entered into before 1 October 2015, the landlord can write his notice but has to make clear that it is given under section 21 of the Housing Act 1988. Furthermore, the lawyer reminded landlords that for tenancies entered into after 2007, as a condition for serving a S21 notice, landlords should put the deposit into a tenancy deposit protection scheme.