An application for exceptional hardship can be made when a driver accumulates 12 or more penalty points on their licence within any 3-year period, leading to a potential disqualification under the totting up ban provisions in Section
What is an Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money,
New legislation came into force on 25th March 2022 that prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function. This widens the offence
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been
What is the Autumn Budget? The Autumn Budget is an update from the UK Government about the state of the economy. It was launched on 1st November 2024. According to the UK Government, the aim of the
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic
Whilst Christmas might still feel far away, now is the ideal time to give some thought as to how you might manage arrangements with your ex-partner in relation to where and when your child(ren) will be at
How did you support The Royal British Legion’s Poppy Appeal last year? Did you buy a poppy? Johnson Astills are supporting The Poppy Appeal again this year by adding a ‘poppy’ to our logo on our website. The
A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can
I don’t own a home or have any savings, why should I make a Will? Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your
An Advance Decision is a statement of instructions about what medical and healthcare treatment you want to refuse in the future, in case you lose mental capacity to make these decisions. It only applies to refusing specific
Amid the current whirlwind of controversial allegations that surround Sean Combs, the backdrop to his behaviour has a prolonged history of allegations of domestic violence and abuse dating back to the 90’s. In November 2023, Cassandra Ventura
The law in England & Wales is clear in stating, if you are living with your partner and you are unmarried upon separation, you will not have the same legal rights available to a married couple upon
The process to split your finances from those of your spouse can be a long, difficult and emotionally draining process. For those who have been subjected to domestic abuse of any kind, the process can be much
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that distinguish
When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include step-children,
On 20th September 2024, the Home Office announced new measures aimed at improving their response to domestic violence within the Police. These measures form part of Raneem’s Law, a legislation announced in response to the failures leading
Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of
I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care
Avoiding penalty points on your driving record can be tempting, but providing incorrect driver details is not only illegal but falls under the serious criminal offence of perverting the course of justice (PCJ). While dodging a minor
Every year, World Mental Health Day is recognised by the World Health Organisation on the 10th October. The theme of this year’s World Mental Health Day is ‘it’s time to prioritise mental health in the workplace.’ This
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2024. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills
Johnson Astills understand that property transactions, such as buying or selling a house can be stressful and expensive. Conveyancing fees are the legal and administrative costs associated with transferring property ownership and will depend on the specific
October typically welcomes the ‘spooky’ season and winter months, however it is also Domestic Abuse Awareness Month. This is recognised annually to raise awareness about domestic violence and abuse and more importantly, how to recognise it, how
If you are an unmarried couple who is cohabiting and upon separation you have a dispute regarding a property or land that is jointly owned or have a financial interest in, your principal remedy is to apply
What is driving without due care and attention? The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving
Threshold is an important document in Care Proceedings which sets out a list of concerns and is different for each case. This document is designed to prove to the Court that a child is suffering or is
What is a Business Lasting Power of Attorney (LPA)? A Business LPA is a legal document that allows you to authorise a chosen individual (an Attorney) to make decisions concerning your business interests if you are unavailable
In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will
What is Conveyancing? Conveyancing is the legal process that must be undertaken to transfer the ownership of a property. Should I instruct a conveyancing firm or a solicitor’s firm? Both Conveyancers and Conveyancing Solicitors specialise in the
The legal troubles between influencer Lauryn Goodman and professional footballer Kyle Walker have been much reported in the media. This dispute involved an area of family law that we deal with at Johnson Astills commonly referred to
In divorce under English Law, the Court begins with a 50:50 starting point when considering a financial settlement. The court then decides whether there should be a departure from equality. Contribution is one of the factors which the court
Where do I stand with parental responsibility? When entering the care proceedings process father’s that are not registered on their child’s birth certificate or have not acquired parental responsibility via other means for example a parental responsibility
When purchasing a property, it is important to budget for ground rent and service charge. This generally applies to Leasehold Property purchase and some freehold properties with management companies. Ground Rent Ground rent is generally paid to
The financial remedy process that accompanies divorce proceedings can be very expensive, especially as each party will often have their own legal costs to pay. These fees can prove difficult to meet for those who earn significantly
Mental Capacity is the ability to make and communicate a particular decision. You must understand the decision you need to make, why you need to make it and the likely outcome of the decision. At any time
When a Court removes a child from their parents’ care and places a child into Local Authority Foster Care, very often parents are worried about how they will see and spend time with their child. At Johnson
For years, many calls have been made for the English Government to reform the law regarding smacking and hitting children. In England and Northen Ireland, any use of physical chastisement is illegal unless it amounts to a
For opposite-sex parents, the question of who has parental responsibility for any child may be easily answered. However, the same cannot be said for LGBTQ+ parents, who may face certain obstacles in obtaining parental responsibility. With June
Property Information Forms (TA6) form part of the draft contract pack that is sent to the buyer’s solicitors on the sale of the property. The seller is required to complete the form and all replies given must
It is well known that it is against the law to be in possession of a bladed article in public. However, it is a common misconception that you can own an offensive weapon, as long as you
On the 29th April 2024, the Family Procedure Rules were updated and a new term introduced – “Non-Court Dispute Resolution”, or NCDR. The update puts great importance on MIAMs and NCDR, but what does this mean for
A safety plan is a document which is personalised for each family. The main goal of a safety plan is to safeguard children from any current or future risk of harm. Usually, Social Services will state what
What is a Certificate Provider? A Certificate Provider is a person the Donor chooses to complete the Certificate in a Lasting Power of Attorney (LPA) form. You can read more about the different types of Lasting Power
In the last 12 months, it is estimated that more than 800,000 children in England and Wales have lived or continue to live in an abusive home.[1] Domestic abuse and violence remains a major concern for many
The role of an independent advocate is to support and assist a person to communicate their views, wishes and feelings. This may be encouraging them to voice their opinions or assisting their involvement in the court process.
What is the offence of Intentional Strangulation? An offence of intentional strangulation is defined as when: A intentionally strangles another person (“B”), or A does any other act to B that – affects B’s ability to breathe,
What is a Care Order? A Care Order is an Order made by the Court when the Court determines that a child is suffering or is at risk of suffering Significant Harm. When a Care Order is
Currently, parental rights are ‘absolute’ in law and can only be managed through a court order. However, a new law could mean that in the UK convicted paedophiles who are parents, would automatically lose the right to
Four years after the domestic abuse bill was first promised in the late Queen’s speech in 2017, it finally became law on the 30th April 2021. The act further improves the effectiveness of the Justice system, providing
