The Official Solicitor’s full job title is the Official Solicitor to Senior Courts. If someone lacks capacity within the meaning of Mental Capacity Act 2005 to conduct proceedings that person will require a litigation friend in those
What are “reporting restrictions”? In certain cases the court issues “reporting restrictions” preventing anything being published that would lead to the identification of a witness in the case. This could mean that you can’t identify the person
Why do I need to provide so many ID documents to my Solicitor in a Conveyancing transaction? The risk of fraud in the legal market has significantly increased and become an attractive target for fraudsters, particularly in
There is a common perception that when a couple get divorced, their finances are automatically settled. Unfortunately this is not the case as finances are considered as a completely separate entity to the divorce. This means that
The Children Act 1989 was granted Royal Assent on 16th November 1989 and came into force on 14th October 1991. It made radical changes to the law relating to children and their families both in relation to
The Threshold Criteria are the facts that the Local Authority must prove if they want the Court to make a Care or Supervision Order. The Threshold Criteria is found under Section 31 of the Children Act 1989.
What is IHT? IHT is the abbreviated term used for Inheritance Tax. This is a tax on the estate of someone who has died. There is usually no tax to pay if the net value of the
When the Local Authority has concerns about the welfare of a child in a person’s care, they may complete various assessments to establish what support the family may need. Early Help and Multi-Systemic Therapy (MST) are both
Under the power of Wardship, the High Court can become a legal guardian for a child. This is only used when it has become necessary to protect and safeguard a child’s welfare. What is Wardship? Wardship is
Dozens of parents have told the BBC Victoria Derbyshire programme their abusive ex-partners were granted unsupervised contact with their child. When parents separate and they are unable to agree arrangements for their children, they may find themselves
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
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
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, 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
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
One of the first images that pops into a person’s mind when they hear that someone has social services involvement with their children is that of children who are severely neglected. The NSPCC website defines neglect as
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
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
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
