Blog

Fizz, Food & Friendly Faces

Last Thursday, on what was a cold, grim, winters evening, Emery Johnson Astills hosted a pre Christmas networking event ‘Fizz, Food & Friendly Faces’ at the Parcel Yard in Leicester. The weather did not deter and over

BANNED FROM DRIVING? CAN YOU GET YOUR LICENCE BACK EARLY?

DRIVING DISQUALIFICATION? JOHNSON ASTILLS CAN HELP YOU GET YOUR LICENCE BACK If your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not it is possible to

Totting Up & Exceptional Hardship Explained

At Johnson Astills one of the most frequently asked questions we receive is regarding the totting up procedure. We are aware that the risk of losing your licence can have a profound impact on your life. You

Fracking – Criminal Proceedings & Sentencing for Protestors

On 31st October the first anti-fracking protesters to be sentenced to imprisonment had their manifestly excessive custodial sentences quashed by the Court of Appeal and replaced with conditional discharges. Following a 4 week trial at Preston Crown

What is Japanese Knotweed?

Japanese knotweed can be found almost all over the country. The uncontrolled and invasive nature quickly allowed it to become a pest in the UK. In the winter the plant dies back to ground level but by

Domestic Abuse and Children

Domestic abuse ruins the lives of its victims with more than 2 million people subjected to this terrible crime each year. However, NSPCC statistics show that as many as 1 in 5 children in the UK are

Budget 2018

Stamp Duty Abolished for all first-time buyers of shared ownership properties worth up to £500, 000 and Help to Buy Scheme extended to 2023! Chancellor Phillip Hammond announced plans to correct an anomaly from his previous budget

The Law on failing to provide a Sample

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

I’m suffering domestic abuse. Can I go into a refuge?

MPs are calling for stronger action to tackle Domestic Abuse. A figure revealed by MPs from the Home Affairs Select Committee has shown that almost 200 victims of Domestic Abuse are turned away from emergency refuges every

How can I prove I am no longer using substances?

Hair strand testing is often used in care proceedings where there are concerns that parents are or have been using illegal substances. Hair strand testing is used in both public and private children proceedings. Hair strand testing

Breach of Post-Sentence Supervision

What is post-sentence supervision? Post-sentence supervision is a requirement which is applied to all offenders who receive a sentence of less than 2 years imprisonment. It was designed to provide a second supervision period to assist in

Assault on Emergency Workers Bill

Until now the only specific offence has been that of assaulting a police officer. This is a summary only offence which carries a maximum of 6 months imprisonment. A new law has been passed which will create

Civil Partnerships

Up until 2004 same sex couples had little rights in order to formalise their relationships.  Civil Partnerships were therefore created in 2004 to give same sex couples similar legal and financial protection to a married couple.  Marriage

Possession of an offensive weapon

Carrying an offensive weapon is a serious offence. The unlawful provision and possession of weapons encourages violence and can cause serious injury and death. In addition to this possession of weapons also assists in the facilitation of

What are Section 47 Enquiries?

These enquiries refer to section 47 of the Children Act 1989. Section 47 of the Act covers a Local Authority’s, or Social Services, duty to carry out an investigation or assessment when they are informed that a child,

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint attorneys to make decisions on your behalf.  Most people appoint trusted friends or relatives.  Some decide to appoint professional attorneys and, in

What is reasonable contact with a child in care?

Under Section 34(1) of the Children Act 1989, where a child is in the care of a Local Authority, the Local Authority must allow ‘reasonable contact’ between a child in its care and their parents, guardian and

Property Fraud and Identification Checks

Buying and/or selling a house can be a stressful period in your life with constant pressure to exchange contracts as quickly as possible. What happens if you discover the seller was a fraudster after contracts were exchanged

Great North Run 2018

Gemma Curtis, a solicitor in our care team entered the Great North Run 2018 and ran for Emery Johnson Astills’ chosen charity – Bodie Hodges Foundation. The Great North Run is the biggest half marathon in the

What is a Lancashire Finding in Care Proceedings

Where a child has suffered an injury and the cause of this injury is unknown, the Family Court may decide that a Fact Finding Hearing is necessary to hear the evidence available. The Court will hear evidence

Role of CAFCASS in Private Law Proceedings

CAFCASS stands for Children and Family Court Advisory and Support Service. CAFCASS represent children in Family Court cases in England. Their role is to put children’s wishes and feelings forward and make sure that decisions are made

Acid Attacks Increasing. What is the Law?

Publicity surrounding reports of incidents involving the use of acid or other corrosive substances have increased recently, with questions being asked as to how offenders who threaten or attack people with such substances are dealt with by

Great Scottish Swim 2018

On Saturday 25th August 2018 Emma Stanbanks, Senior Associate and Joint Head of the Care Team took part in the Great Scottish Swim in aid of our charity of the year, the Bodie Hodges Foundation. Emma braved

The ‘Common Law Marriage Myth’ and the Law

The number of unmarried cohabiting couples has almost doubled from 1.5 million in 1996 to 3.3 million in 2017. A recent survey showed as many as two in three cohabiting couples are unaware that there is no

Making a Will

It is important to make a Will to ensure that your estate passes as you wish when you die. Your estate includes your house, money in bank accounts and even your jewellery. If you do not make

Can you go to prison for using a Drone?

The UK has seen a rise on the use of Drones for both fun and commercial use. However as a result of new laws being brought in, people found flying drones above 400ft and within a kilometre

What is a Family Assistance Order?

A Family Assistance Order (FAO) is a short-term order which the Court can grant under Section 16 of the Children Act 1989 requiring a CAFCASS officer or an officer from the Local Authority to advise, assist and

British Court recognises Sharia Law

The High Court has made a ruling recognising Sharia Law for the first time in a British Court. This could change the way Islamic marriage and divorce works in the UK. Mr Khan and Mrs Akhtar’s marriage

What searches are needed if I am buying a property?

Pre-Contract searches reveal additional information about the property you plan to purchase. You can withdraw from the transaction without penalty prior to the exchange, if you discover something about the property you are not happy with. Your solicitor

Prisons are not working…..

“The reformed prisons of the 1800’s with their new emphasis on rehabilitation were invented to destroy the criminal personality and to generate new life and a new law abiding identity. Predicated upon violence the prisons proved successful

Alternative Options to Court in Family Matters

Here at Emery Johnson Astills we understand that going through a divorce or separation can be an emotional and difficult time. It is generally better for everybody involved if arrangements between you can be agreed, this is

Nitrous Oxide & Beyond…

Johnson Astills have seen an increase in the number of cases before the Courts involving newer synthetic drugs. The offences were created by the Psychoactive Substances Act 2016 which came into force on 26th May 2016. The

World Cup Penalties

A further “penalty” of the World Cup, which has recently been reported on is the increase of domestic violence and abuse during the tournament. Research undertaken at Lancaster University has shown there is an increase in domestic

Wrongly accused of a Sexual offence?

At Johnson Astills we know how frightening it can be to find yourself under investigation for or charged with a sexual offence. The chances are you will have no previous experience of being interviewed by the police or