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Top Tips when selling your house

Selling your house can be a complicated process along with it being stressful trying to plan the whole move. Our Johnson Astills conveyancing specialists are here to make the transaction as smooth as possible. Below are a few steps that will hopefully make...

Knife Crime in England and Wales reaches a Record High

Knife crime and crimes involving offensive weapons are on the rise with the highest number of convictions in a decade! How many convictions for knife offences were recorded in 2019? There were 14,135 offences of knife possession in 2019 – this...

New Police Powers in relation to Stalking

New Police Powers in relation to Stalking coming into place – TODAY! The Stalking Protection Order (SPO) that can result in five years in prison Stalking was made a specific criminal offence in England and Wales in 2012. Starting from today the...

Keeping in touch with my 'Looked After Child'

There are many different ways in which you can be kept up to date with regards to your child’s well-being, whilst they are in the care of the Local Authority: You may be invited to attend a Looked After Child (LAC) Review. This is a regular meeting...

Fiz and Tyrone - Can Social Services really remove their children?

Anyone that watches soaps will know they cover a wide range of important topics and some people question the reality of it with it being a soap. In Coronation Street presently, Fiz and Tyrone have had a tough start to 2020 and have had their children removed...

Civil Partnership

In June 2018, the Supreme Court ruled that civil partnerships would be available to heterosexual couples, as well as same-sex couples. A civil partnership is a legal relationship which when registered gives the relationship legal recognition and provides...

Court of Protection and Deputyship

The Court of Protection is a Court in England and Wales created under the Mental Capacity Act 2005. The Court of Protection is responsible for protecting people who do not have the capacity to make decisions for themselves, the Court has jurisdiction over...

'Tis the Season to be Jolly - Unless you are caught Drink Driving

As the Christmas season approaches and work comes to an end for the year, the drinks begin to flow and celebrations commence. We could not think of a better way to celebrate the Festive Period than with a drink in our hands, however here at Johnson...

The age of criminal responsibility

Can a 10 year old get a criminal record? Yes, in England and Wales the current age of criminal responsibility is 10 years old. This means that a 10 year old can be investigated by the police, be subjected to court proceedings and be convicted of a...

Will Aid update

This year Johnson Astills teamed up with Will Aid to help support their fundraising campaign which involves nine of the UK’s leading charities. These include Action Aid, Age UK, British Red Cross, Christian Aid, NSPCC, Save the Children, SCIAF, Sight...

Brexit and its victims

What Brexit means for victims and survivors of domestic abuse. It’s the talk of the town. Brexit. Boris Johnson’s deal still hangs in limbo. A general election on the horizon and new deadline of 31 st January 2020. There’s little...

Is kinship care in crisis?

The Grandparents Plus charity recently carried out a survey of kindship carers in England and noted that the current situation is in a state of crisis: For the full report - ‘State of the Nation Survey Report’- see link ...

Assessments used by Local Authorities when involved with families

There are lots of different types of assessments that can be completed when Social Services become involved in your life. Here are examples of some of the assessments you may be asked to undertake. Every child who has been referred to Local Authority...

Important Things to Remember After You Move Home

The process of moving home can be exhausting and exciting all at the same time. However, once you have received the keys to the property there is still some important work that needs to carried out to the property. You will need to hold back on opening that...

Think Green and the "Bras not Bombs" Initiative

Johnson Astills has recently developed an In-house Green and Sustainability Committee which has been aptly named ‘ Think Green ’ to improve the firm’s working practices and the employees’ approaches and attitudes towards...

Parental Alienation

What is parental alienation? Parental alienation lacks a single definition as there can be varying contributing factors and impacts. Generally, parental alienation is considered to be when a child is manipulated by one parent to display unjustified...

Release under Investigation a Review to be made

When arrested by Police, there are various different outcomes, one of which is to release under investigation pending further enquiries which need to be conducted, this outcome is used instead of releasing on police bail. However, unlike police bail there...

Advance Decisions

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 the capacity to make these decisions. It is important to note you can only refuse specific treatment in the...

Children in Need

One in 50 children in the UK are classed as ‘Children in Need’ before they are even born. A study of Government figures show that more than 7,000 of such vulnerable children have been put in the category of ‘Children in Need’ before...

Police Bail: An overview

At Johnson Astills our criminal team regularly represent clients at the police station stage and before the Magistrates’ and Crown Courts to deal with the issue of bail. Can you be bailed from the police station without charge? After police...

Drivers using mobile phones - loophole set to close

The loophole that allows drivers who use mobile phones to escape prosecution is set to close.  In September we did an article and video following the High Court’s decision to overturn the conviction of an individual who used his mobile...

Vital new support for young people leaving the care system

Monday 28 th October marked the beginning of National Care Leavers Week. The Education Secretary Gavin Williamson has announced new cross government support to be made available for young people leaving care . This will include a £19 million of...

The Probate fee increase has been scrapped!

In order to obtain a Grant of Representation from the Probate Registry (which includes a Grant of Probate), an application fee must be paid. The application fee is currently a flat fee of £155 if a Solicitor makes the application or £215 if the...

A better way to divorce

At Emery Johnson Astills , our experienced family team know that going through a separation or marriage breakdown can be extremely stressful. Our team are on hand to make the process easier and guide you through it. Our family team are committed in...

Joint Tenants or Tenants in Common? What do they mean?

If you are intending on purchasing a property with another person, you will need to consider how you both would like to hold the property. The type of ownership affects what you can do with the property if a joint owner dies or your relationship breaks...

What is a Pre-Proceedings Meeting and Must I Attend?

Yes, it is extremely important that you attend a Pre-Proceedings Meeting and that you seek legal advice. What is the Public Law Outline? The Public Law Outline set out the duties that Local Authorities must perform before they can issue care...

What should I expect if my child is subject to a CP Medical?

A Child Protection Medical is also known as a CP Medical, a Section 47 Medical or a Paediatric Medical Assessment. The Local Authority may request that a CP Medical is completed where there is suspicion or disclosure of child abuse and/or neglect or a...

What happens if I have been accused of shaking my baby?

Shaken Baby Syndrome or Abusive Head Trauma refers to the diagnosis given to a baby or infant where it is believed by medical professionals that their injuries are consistent with being violently shaken. Studies have found that babies who are between the...

Special Guardianship Orders and Supervision Orders

A national study was conducted in relation to Special Guardianship Orders and Supervision Orders. Special Guardianship Orders often involve family members stepping in to look after children who cannot live with their birth parents and these Orders have...

Do I have a right to Legal Advice prior to providing a specimen when suspected of drink driving?

Can I speak to a solicitor prior to providing a specimen?  Failing to provide a specimen of breath, urine or blood without reasonable excuse is a criminal offence . Often, a person may have a reasonable excuse for not providing a sample meaning...

Can parental responsibility be removed from an absent father?

Firstly, what is parental responsibility? Parental responsibility governs parents’ relationship with their children. Parties with parental responsibility have the ability to make decisions (usually jointly where more than one party has it)...

He loves me, he loves me not...

He loves me, he loves me not... (A modern fairytale, or is it?) * N.B. The characters described in this story are fictitious. Sally* and David* met online, after David had sent her a friend request on Facebook, thinking she looked...

What happens if I am arrested?

Whether you are arrested for a driving offence, shoplifting or murder the process of making an arrest and detention is the same. If you have never been in trouble with the Police before, you are unlikely to know exactly what happens if you are arrested. ...

I have been accused of lying about my child's illness - what does this mean?

FII stands for “Fabricated or Induced Illness” and it occurs where a parent or carer of a child exaggerates or causes a child to present with symptoms of an illness. FII is considered as a rare form of child abuse with the mother of a child...

Court Bail: An Overview & Bail Conditions

At Emery Johnson Astills our highly skilled and experienced criminal defence advocates regularly represent clients before the Magistrates’ and Crown Courts to deal with the issue of bail. Can you be bailed by the Magistrates' Court? If remanded...

What is involved in selling my property?

A sale transaction may sound simple and straightforward but there is a lot of work that needs to be carried out by Solicitors. Sale transactions can easily become complicated or prolonged. Not all transactions are the same and this is due to various reasons...

We are participating in Will Aid

Did you know that since 1988, the legal profession has raised over £20 million for Will Aid charities!   Johnson Astills have teamed up with Will Aid this year to help support their fundraising campaign which involves nine of the...

Are the laws on using a mobile phone whilst driving changing?

Following a successful appeal against a conviction of using a mobile phone whilst driving the law around driving and mobile phones has been criticised by two High Court Judges. At the hearing the High Court judges agreed that mobile phone laws from 2003 had...

Emery Johnson Astills has been busy!

Leicester Pride 2019 Emery Johnson Astills had a successful day at Leicester Pride on Saturday 31 st August 2019. The event is Leicester’s annual Lesbian, Gay, Bisexual and Transgender (LGBT) festival and takes place at Victoria Park which is a...

Tenancy Deposit Protection

If you are a Landlord renting a residential property under an assured shorthold tenancy that started after 6 April 2007, you are required to put the Tenant’s deposit in a government backed tenancy deposit scheme. The deposit must be placed into a...

Should I make a Lasting Power of Attorney?

At Emery Johnson Astills , our Wills and Probate Department can take the stress away and can assist with drafting and registering your LPAs. A Lasting Power of Attorney (LPA) is a legal document that lets the donor (you) appoint one or more people known...

Should the Special Guardianship Order be Reformed?

Background of the Special Guardianship Order (SGO): The purpose of an SGO is to give one or more individuals parental responsibility (PR) and to exercise this ‘to the exclusion of all others’.  A Special Guardian can exercise their PR...

Social Services are involved with my family - when should I seek legal advice?

For the Local Authority to become involved with your family a referral has to be made. A referral can be made from a variety of agencies such as education, health and the police. The first formal stage when legal advice should be obtained is when a Child...

The Official Solicitor in Family Proceedings - who are they and what is their role?

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 proceedings. ...

What are reporting restrictions and do they apply to social media?

What are “reporting resticitions” 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...

ID documentation required in a Conveyancing transaction

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 conveyancing. The...

Will I need to go to Court to sort out finances in divorce?

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 if you have started divorce...

Children Act 1989 - 30 Years On......

The Children Act 1989 was granted Royal Assent on 16 th November 1989 and came into force on 14 th October 1991. It made radical changes to the law relating to children and their families both in relation to private and public law.  The Act made...

What is Threshold Criteria in Case Proceedings?

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. In order to justify making a care or supervision...

What is IHT?

By Jessica Huczmann, Solicitor in our Wills and Probate Team Reading time: approximately 4 minutes   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...
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