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Mental Health Awareness Week

Mental health is not talked about enough. Statistics show that mental health issues are much more common that you would think. 1 in 4 people will experience a mental health problem each year 1 in 6 people experience

Is it time to redeem your Help to Buy Equity Scheme Loan?

In 2013, the Government created the Help to Buy Equity Loan scheme to assist first time buyers and homeowners buy a property. Under the scheme, the Government lends up to 20% of the cost of your newly

Will my Children be placed together in Foster Care?

If you and your children are going through Care Proceedings and it has been agreed that a Sibling Attachment Assessment is required, here’s what to expect… Sibling relationships are emotionally powerful and critically important not only in

Isabel Wilson wins Senior Solicitor of the Year at LLS Awards

Isabel Wilson, a Partner and highly experienced Solicitor-Advocate in the criminal team at Emery Johnson Astills, has been awarded Senior Solicitor of the Year by the Leicestershire Law Society. The awards which took place at Athena on

I was only shoved around a bit and shouted at. That can’t be domestic abuse, can it?

All too often, particularly if it occurs over a long period of time, victims of domestic abuse seek advice from us, not really realising the extent of the abuse. They become desensitised. Many of our clients, on

Why are rape victims being told their case may be dropped?

Rape victims are among those who will be asked to hand their smart phones over to the police or risk the prosecution against the suspect being dropped. Why have rape cases been collapsing? This new measure follows

Bank Holiday Drinking? Reminder to Drivers….

It is easy to get caught up in the bank holiday spirit, but, did you know that you may possibly still be over the drink drive limit the following day? Offences we deal with include being in

Detectors for using a mobile phone whilst driving

Forces are rolling out technology that show when motorists are using their phones. A sign will flash at the driver telling them to stop using their mobile – but the detectors cannot tell if it is a

Failed to provide a breath specimen – What happens next?

If you are suspected of driving with excess alcohol in your body, you may be asked to provide a breath sample at the roadside. You will be arrested and take to the police station if that sample

What is Private FDR or a Private Financial Dispute Resolution Hearing?

A Financial Dispute Resolution, also known as a FDR is a court hearing in relation to financial proceedings. Attendance at a Court FDR is compulsory. The hearing is listed for parties in financial matters to obtain advice

Divorce- Reforms to end the “blame game”

In the last year, in England and Wales, some 118,000 people commenced divorce proceedings. Currently divorce laws mean spouses have to provide evidence for a divorce if one partner does not agree to it. Under current laws,

Can an Interim Care Order last beyond a child’s 17th birthday?

Our Care team at Johnson Astills can assist on a range of Child Law related matters. Whether that is representation at case conferences and/or at Court. We have specialist solicitors who can assist you. In relation to

What is Exceptional Hardship?

Are you at risk from being disqualified from driving? Can you argue Exceptional Hardship? View our video presented by Michelle Harding, Partner and Solicitor Advocate in our Criminal department. For advice and assistance please contact one

Female Genital Mutilation, what’s changed?

In 2019, the press published the shocking story of a mother who became the first person to be convicted of performing Female Genital Mutilation (FGM) in England and Wales. The mother was sentenced to 11 years in

I’m moving in with my partner. Do I need a cohabitation agreement?

Couples who live together without marrying do not have any legal rights if they separate. Without the benefit of an agreement, one of them could be left with nothing on separation. The fastest growing type of family

What is a Knife Crime Prevention Order?

In order to enhance police powers the Government is seeking an amendment to the Offensive Weapons Bill to introduce Knife Crime Prevention Orders. What is a Knife Crime Prevention Order? It is proposed that anyone aged 12

Energy Performance Certificate (EPC)

What is an EPC and do I need one? An Energy Performance Certificate (EPC) provides information on the efficiency of a property. It also lists recommendations and suggestions on how to improve the efficiency of a property

The Importance of a Solicitor in Divorce Proceedings

Is it important to have a solicitor when starting divorce proceedings? If the unimaginable happens and a married couple decide to go their separate ways, they are left with the decision of whether or not to instruct

Have you been referred to MST?

MST stands for Multisystemic Therapy. Multisystemic Therapy is an intensive family and community based intervention for children and young people aged 11-17. MST work with the families of young people who are at risk of being placed

How can I prove that I have stopped using drugs and alcohol in Care Proceedings? Considering the FDAC approach as an alternative to the traditional routes.

Many parents who are involved in Care Proceedings before the Family Court may feel immense pressure in trying to abstain from drugs or alcohol and proving this within the restrictive time limit of the 26 week timetable

Landmark appeal – murder conviction quashed

When Sally Challen was convicted of murdering her husband in 2011, the courts did not recognise ‘coercive control’ and the impact it could have an individual’s mental health and state of mind. Four years later when physiological

Are you buying a property? Here are some tips to consider

Research the Area Before you decide on a property, research the area. One of the best ways to get a feel for the area is to spend some time there. Although you will likely visit when viewing

What can I do if I want to see my child?

You may be able to apply for a Child Arrangements Order. These are Court Orders that confirm whom a child is to live with and/or spend time with (often referred to as “contact”). Who can apply for

Why did I decide to become an Apprentice?

What were my options? When choosing my options to further my career, I knew going to University was not the right path for me. I wanted to look at all of my options to see what other

Prison and Drug Detection

It has recently been announced that drug detection scanner technology will be used to detect drugs at ten of the most challenging prisons. These scanners will be able to detect drugs on paper, clothes and mail. Furthermore,

Eating Disorder Awareness and You Can Care Week

Raising Awareness – 25th February to 1st March – Eating Disorder Awareness and You Can Care Week Emery Johnson Astills are keen to promote and support many issues and raise awareness of issues within the public eye.

Care- Proceedings – Is the 26-week timetable long enough?

The Children and Families Act 2014, s14, introduced the 26-week ‘time limit’ on how long care proceedings should take to conclude. Before this, cases would take over a year to conclude and this had caused stress for

Upskirting – A New Law

Voyeurism (Offences) Act 2019 – What’s New! On 12th February 2019 The Voyeurism (Offences) (No 2) received Royal Assent. Meaning the Act has now created new criminal offences. This new law deals with ‘upskirting‘, which is: ‘…the

Can you disclose confidential information arising out of Care Proceedings to other agencies such as the police?

The process of disclosure of confidential material is governed by rules and protocols and sometimes the approval of the Court is required. The main objective is to set up an exchange of information and for full co-operation

Frequently asked questions when selling and purchasing a property

Why have I been asked to provide proof of identification? As solicitors, we must comply with the government’s requirements for proof of identity and money laundering. We require proof of identification and proof of address under Money

What is Female Genital Mutilation?

Female Genital Mutilation (FGM) is a procedure where the female genitals are deliberately cut, injured or changed, but where there’s no medical reason for this to be done. FGM is often performed by traditional circumcisers or ‘cutters’

Court of Appeal Update: Psychological Manipulation – Murder Defence

In 2015 new laws were passed criminalising controlling and coercive behaviour, but back in 2015 when Sally Challen was convicted for her husband’s murder the law did not recognise the impact that such behaviour had on an

Prisoners “refusing” to attend Court?

There is an increasing problem that has started to manifest itself in prisons in England and Wales: prisoners are said to be “refusing” to attend Court. Whether it is visits at the prison, video links with legal

Can my child give evidence in Court during care proceedings?

During care proceedings, the question of whether a child should give evidence or not has been an ongoing issue. Following the leading case of Re W, the Court’s main objective is to achieve a fair trial. With

Can a parent be ruled out as a carer before a final hearing?

It is not uncommon in care proceedings to be in a situation where all of the evidence on the parents is now available and the professionals have taken a view on it, this may not necessarily be

Do I lose my legal rights if I move out of the family home?

As family lawyers this is one of the questions we are most frequently asked – and the simple answer is “no”. Going through a separation can be an emotional and stressful time and even more so when

Stamp Duty for First Time Buyers

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

When Driving Becomes Dangerous

There is a specific offence of dangerous driving, which carries a maximum prison sentence of 2 years. If that driving is a cause of someone’s death, the maximum sentence rises to one of 14 years. In each

Do I need a solicitor for Probate?

When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly

Domestic Abuse….Do the proposed new laws go far enough?

The Government is proposing new laws regarding domestic abuse, which will, for the first time, create a legal definition of domestic abuse, including economic abuse and controlling, manipulative non-physical abuse. The Home Office estimates that the cost

Drug Driving

Taking drugs can impair your driving skills, causing dizziness, drowsiness, slower reaction times and an inability to concentrate. Not everyone realises it is illegal to operate a motor vehicle whilst being unfit through the consumption of drugs. Should

What is a Children’s Rights Officer

A Children’s Rights Officer (CRO) is a professional who supports children or young people who currently have Local Authority involvement or are classed as looked after by the Local Authority for example they are in foster care.

What is a Child Arrangements Order and when can it be applied for ?

Child Arrangements Orders are Court Orders that confirm whom a child is to live with and/or spend time with (often referred to as “contact or access ”). In short, they set out the arrangements for children where

Do I have to go to court to sort out our financial and children arrangements or are there other options which are cheaper and better ?

You do not have to go to Court and there are other options which we can discuss with you. One option is the collaborative approach. Under the collaborative law process, each of you will appoint your own