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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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
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
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
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,
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.
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
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
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
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
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’
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
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
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
We would like to thank the Bodie Hodges Foundation for organising the Dodgeball Social Event last Thursday at the Enderby Leisure Centre. It was a thoroughly enjoyable evening and lots of fun! Corporate Partners of the charity
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
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
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
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
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
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
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
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.
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
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
It is becoming increasingly more common for parties to self-litigate rather than use a solicitor to assist and advise them through family law matters. There is currently a former police chief inspector who is setting up a
It is common for a parent with whom a child is not residing to feel frustrated that the primary carer of the child is not facilitating contact arrangements as per a Court Order. Do you feel that
Senna & Aldenberg & Anor [2018] FCCA 2711 In October 2014 in Australia, an Order was made by agreement which provided for the children to live with the mother and spend time with the father. Shortly after the
Also referred to as a ‘living together’ agreement, a cohabitation agreement is a legal document entered into between couples who have chosen to live together, which clearly sets out how finances are to be handled and what
The Local Authority have a duty to protect children and the case of CN and GN v Poole Borough Council [2017] EWCA Civ 2185 reminds us of the importance of this. Our Care Team at Johnson Astills
There are two main offences that are prosecuted in relation to state benefits: The dishonest offence It is an offence to dishonestly make a representation in order to obtain benefit, and this includes a dishonest failure to
The Judge orders a ‘Fact Find’ hearing within care proceedings (when the Local Authority is the Applicant) if it believes that the facts of issue in the case cannot resolved at the final hearing. Fact Find hearings
On a divorce or dissolution, married couples/civil partners have a right to a fair share of any assets that they or their spouse owns. The Court will have discretion to consider the circumstances and history of the
WHEN CAN THE COURT MAKE SCPO? A Serious Crime Prevention Order is a civil order which the Crown Court can make if you are convicted of a ‘serious offence’. A ‘serious offence is one of the offences
Santander UK plc v Fletcher & Anor [2018] EWHC 2778 (Ch) Background Mrs Fletcher (the appellant) has lost her home after becoming a victim to fraud by her own Son, Mr Fletcher. Mr Fletcher was convicted of
As of 6th December 2018, firms regulated under the SRA are required to publish the prices they charge and what the price includes and excludes, for Conveyancing, Probate, Motoring offences, immigration advice and the cost of bringing
According to Women’s Aid, an average of two women are killed by their partner or ex-partner every week in England and Wales. The Domestic Violence Disclosure Scheme, known as Clare’s Law, was introduced on the 8th March
