Firm News
I’ve recorded a conversation with my social worker without their permission, can I show it to the Judge?
In recent years there has been an increase in the use of smart phones and technology that allows recordings to be made on devices that can be easily concealed. When representing parties in family proceedings we are
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
Having another baby if you have had previous children removed from your care
Research conducted by Lancaster University has revealed that one in four mothers who have had a child removed through the Family Court are likely to face Care Proceedings again for future children. This often happens within a
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
I want to change my child’s surname what shall I do?
Changing a child’s surname may not be as easy as you think and will depend on many variables. However, our specialist team at Johnson Astills can help you. A child’s name must be registered within six weeks
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
Leicester Half Marathon Relay – 14th October 2018
The Half Marathon Relay was held in Leicester alongside the Leicester Half and Full marathon. This year it took place on 14th October and Emery Johnson Astills had the greatest pride in
I’m being stalked and harassed by my ex-partner, what can I do?
Stalking and harassment has been prevalent in the news in recent times. These days there is much greater awareness of these issues and yet, here at Emery Johnson Astills, sadly we often receive calls from people informing us
“Who’s the daddy?” – How to establish paternity in Care Proceedings?
When the Local Authority have concerns about the welfare of a child, they will usually have ongoing involvement and conversations with the parents of the child. In making a plan to keep the child safe, the social
Restrictive covenant not discharged purely to ‘clean up’ a title (Re Evans)
When purchasing a home, you should be aware of restrictive covenants affecting the property, to avoid costly mistakes. At Johnson Astills, we will ensure that you know exactly what you can and cannot do with your property
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
What are the duties of the Local Authority in relation to children?
The Local Authority has many responsibilities. Some of these responsibilities are voluntary in nature and some of them are mandatory and are contained in the Children Act 1989, which is an important piece of legislation. This article
What is County Lines Exploitation, is it the same as Modern Slavery?
County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines or other form of “deal
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
Emery Johnson Astills’ fourth year running at Leicester Pride 2018
Emery Johnson Astills had yet another fantastic day at Leicester Pride on Saturday 1st September 2018. The event is Leicester’s annual Lesbian, Gay, Bisexual and Transgender (LGBT) festival and takes place at
Gemma Curtis is putting on her running shoes for the biggest half marathon in the UK!
Gemma Curtis, a Solicitor from our Care Team, is running the Great North Run on 9th September 2018. Gemma is doing this to raise money for the Bodie Hodges Foundation, which is the chosen
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
My Social Worker wants me to sign a Written Agreement, what does this mean?
A Written Agreement is a tool that is often used by Children’s Social Care (Local Authorities) when working with children and families. They can be used when children are subject to Child in Need Plans, Child Protection
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
Monkey dust: Terrifying Drug now on UK streets for £2
A new psychoactive substance has sparked a crisis in a UK city – where the drug is bought for as little as £2 a hit. The synthetic drug, dubbed ‘monkey dust’, is sending increasing numbers of people
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
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
“I’m not in possession of drugs with intent to supply, I was just going to share the drugs with my friend”
Many people are confused about the elements of supplying controlled substances such as cannabis and cocaine, particularly where sharing illegal drugs amongst friends is concerned. It is an offence for a person to have a controlled drug
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
FROM TODAY, motorists to face 3 points & a £100 fine for driving too close to cyclists
Following a Government review into bike safety, plans are to be announced by the Transport Minister in relation to motorists driving too close to cyclists. The rules are being brought in to encourage more people to use
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







