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12 points on licence exceptional hardship

When a driver accumulates twelve or more penalty points within a three year period, the court will need to consider whether they should be disqualified under the totting up provisions. The Court guidelines state that where a

Leicester Legal Walk 2018

Leicester Legal Walk Many of our staff at Emery Johnson Astills took part in The Leicester Legal Walk yesterday, 4th June 2018. The Walk was 10km around the City of Leicester. Our route took us past many

Stamp Duty Guide

What is stamp duty? Stamp duty is a lump sum that you are liable to pay when you buy a residential property or a piece of land costing more than £250,000.00 (or more than £40,000.00 for second homes). This

First English Forced Marriage Prosecution

22nd May 2018 saw the first successful conviction in England for forced marriage.  The mother of the victim, who was 17 at the time, fooled her daughter into going to Pakistan in September 2016 to marry a

Drug Offences – An Overview

In efforts to prevent drug misuse legal restrictions are placed on the creation, use and distribution of highly dangerous and harmful drugs. Under legislation controlled drugs are those classified as being of either class A, B or

What is a Pre-proceedings meeting?

Are you a parent and have you received a letter from the Local Authority asking you to attend a Pre-proceedings meeting? If you have, our specialist team at Johnson Astills can help you. A Pre-proceedings meeting means

I am buying a property, do I need a Survey?

At a time when you are already spending a lot of money, a survey can seem like a big expense. However due to the rule of ‘caveat emptor’ which stands for ‘buyer beware’ and puts the onus

What is the role of an intermediary in court?

The role of an intermediary was created by the Youth Justice and Criminal Evidence Act 1999 to aid in criminal cases which involved vulnerable witnesses. However, the use of intermediaries has since spread to be included in

Just a little fight….Affray

What could start out as a disagreement between two people could result in your arrest and ultimately a criminal conviction. In recent months even England Cricketer Ben Stokes has found himself charged with affray following an incident

Duty Solicitors – a Vital Role in Criminal Justice

In a segment on the Victoria Derbyshire show on BBC2 on Tuesday 17 April our Managing Partner and Solicitor Advocate, Helen Johnson appeared to discuss the implications of cuts and fees in criminal matters, particularly in relation

Director of Public Prosecutions resigns

The Director of Public Prosecutions, Ms Alison Saunders (the Lawyer who leads and is ultimately responsible for the Crown Prosecution Service (CPS)) has announced that she will not be extending her five-year term and will be resigning.

Road Traffic Offences Specialists

With offences ranging from failing to wear a seatbelt to causing death by dangerous driving it is arguable that no other area of criminal law covers such a broad spectrum of offending behaviour. At Johnson Astills our

Top Judge calls for sweeping changes to Divorce Laws

  Britain’s most senior Judge, Sir James Munby has commented that marriage laws are “very badly in need of reform” and has called the current way financial settlements are dealt with as ‘Victorian’ and unfairly biased in

Joint Tenants or Tenants in Common?

Joint Tenants or Tenants in Common? As a prospective buyer, buying with another person can be an attractive option, allowing you to gather a bigger deposit and share your mortgage repayments. In England and Wales, there are

What is a Child Protection Conference?

A Child Protection Conference is generally held following a referral and investigations by the Local Authority in relation to a particular child and their situation. The test for convening a Child Protection Conference is: the child is

Drones: New Technology v. Old English Law

At Johnson Astills we are alert to technological innovation and the implications this has with the criminal law. Professional and amateur use of drones has increased significantly over the last few years, but it is increasingly coming

Legal representation: When Social Services are involved

If you require legal representation in relation to Child Law matters do not hesitate to call our Care Team at Johnson Astills on 0116 255 4855 or email us at careteam@johnsonastills.com. Our team are highly experienced and can

Role of the Children’s Guardian in Care Proceedings

Social services have a statutory obligation to safeguard and promote the welfare of all children. If there are serious concerns about the safety or welfare of your child then social services may apply to the court for

What is Disclosure in a Criminal Case?

You may have heard of a number of high profile rape and other serious cases collapsing recently due to a lack of disclosure. But what is disclosure?  As experts in Criminal Defence, Johnson Astills can explain. When investigating

Family Legal Aid for Survivors of Domestic Abuse

From January 2018 the evidence test to qualify for Legal Aid in family cases for survivors of domestic abuse will be greatly relaxed. The government has decided to scrap the five-year time limit for certain types of

Child Protection Plans

Social Services have a statutory obligation to safeguard and promote the welfare of all children. If Social Services invite you to attend a Child Protection Conference it is because they have some concerns about the safety of

Do you require legal representation at Court?

If you require legal representation at the Youth Court, Magistrates’ Court and/or the Crown Court do not hesitate to call our Criminal Law Team at Johnson Astills on 0116 255 4855 or email us at crimeteam@johnsonastills.com. Our team

Stamp Duty Land Tax changes for First Time Buyers

Following recent spring budget announcement there is no significant changes to stamp duty land tax for first-time buyers or downsizing individuals. If you are a first time-buyer, SDLT will only be payable on residential properties over £425,000

What is an Easement?

An Easement is a right attached to one piece of land (dominant tenement) which gives the owner of the land a right to use another person’s land (servient tenement). The owners of the dominant and servient tenements

WHEN IS A CONSPIRACY THE WRONG CONSPIRACY?

Helen Johnson Solicitor Advocate at Johnson Astills When the prosecution decide to charge an offence of conspiracy they have to prove that there was an agreement to commit a criminal offence, eg to supply drugs. Evidence of

The Right to Affordable Justice: The Bach Commission

At Johnson Astills we are committed to providing affordable representation and advice to all our clients. On 22nd September 2017 the Bach Commission, setup by Leicestershire Police and Crime Commissioner and former barrister Lord William Bach, issued its final

What is a Secure Accommodation Order?

A Secure Accommodation Order can be made under Section 25 Children Act 1989. This Order allows children’s services to place a Looked After Child under the age of 16 in secure accommodation, on welfare grounds, if one

Managing the Affairs of Elderly or Vulnerable Relatives

Families with elderly or vulnerable relatives will often need to assist with or sometimes even take control of that relative’s property and financial affairs. The easiest way to organise this is for Lasting Powers of Attorney to

More Family Court Cases to be Reported

The President of the Family Division has issued guidance on Transparency in Family Courts published on 16/1/14 to ‘immediately and significantly’ change the way cases are reported. There have been criticisms that the family courts are too

“Divorcing? Think of the children…”

Recent research reported in the press has revealed that divorced parents are often in denial with regard to the impact of the breakdown of the relationship upon their children. Three quarters of parents surveyed thought that their