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International Women's Day 2024

Katelyn  Isliker
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International Women’s Day is recognised on the 8 th March every year. This day celebrates the various achievements of women worldwide and also reminds us to continue supporting women’s equality. There are so many ways to honour women on...

'Raneem's Law'

Harriet Starkey
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The Labour Party have introduced the idea of a new law called ‘Raneem’s law’ – named after Raneem Oudeh, who was murdered at 22 years old alongside her mother Khaola Saleem. Ms Oudeh and Ms Saleem were murdered by Ms Oudeh’s...

National Conveyancing Week 2024

Ewelina Popowska
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Johnson Astills proudly supporting National Conveyancing Week for the second year running! Here at Johnson Astills, we are proud to be associated with the initiative that aims to improve the experience of home movers and professionals involved in the home...

What assessments can the Local Authority do with my family?

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Depending on what stage your case is at, the Local Authority could propose to undertake a number of different types of assessments when Social Services become involved with your family. What is a Section 47? Every child who has been referred to the...

What is a Children's Guardian?

Adarsh Patel
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When the Local Authority issue Care Proceedings to seek Public Law Orders regarding children, the subject children will be allocated a Children’s Guardian to represent their views, wishes and best interests throughout the proceedings. The Guardian is...

CONVEYANCING...hmm what in fact is it?

Ewelina Popowska
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CONVEYANCING: WHAT IS IT? Conveyancing is used to describe all the legal and administrative procedures involved in changing the ownership of land or buildings from one individual to another. THE SIGNIFICANCE OF CONVEYANCING Conveyancing is an...

Drones: how to fly them safely and legally

Lucy-Ann Lee
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Did you know that if you fly or own a drone, whether it is for work or leisure it is your responsibility to make sure all flights are safe and legal. It is important you are aware of the rules and legislation that apply to your drone otherwise you may be...

Private Adoption and Donor Conception. Nothing spreads love like starting a family this Valentine's Day!

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Whilst Valentine’s Day is more commonly thought about in the context of romantic love, other types of love can be celebrated on this day. Why not celebrate familial love this Valentine’s Day by considering the ways your family can grow? Private...

Can I get Legal Aid to Contest a Special Guardianship Order?

Emily Jones
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What is a Special Guardianship Order? A Special Guardianship Order (SGO) is a long lasting, Private Law Order, made by the Family Court. The Order appoints one or more individuals to become the child’s ‘Special Guardian.’ This gives...

What is new to Family Law in 2024?

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As the new year has begun, here is what you can expect to see in the year of 2024. Media in the Family Court (The Transparency Pilot): For decades there have been calls for more transparency in Family Courts, predominantly due to Family Judges having the...

When should I raise conduct in Financial Remedy Proceedings?

Harvey Gale
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When deciding on the fairest division of the assets, the Court will take into account factors listed in section 25(2) of the Matrimonial Causes Act 1973. One such factor is the conduct of the opposing party, but when should this be argued, and what conduct...

What is a Legacy Contact?

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A Legacy Contact is a person you can choose to access your accounts (e.g. Apple, Instagram or Facebook) after your death. This gives the nominated person access to certain elements of your account and allows them to make decisions as to what steps they take...

Why you should sort out your matrimonial finances when obtaining a divorce.

Harriet Starkey
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When a couple obtain a divorce it is important to have a Financial Order from the Court - more often than not this Order can be agreed, meaning no Court attendance or formal court application. This is necessary, even if the matrimonial finances are limited,...

Top 4 New Year Resolutions for Lawyers

Katelyn  Isliker
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1. Network The legal industry is huge and these days there are so many different kinds of events that provide the opportunity to network with different individuals, both online and in person. You can learn so many new things and they can also be quite...

Divorce Day 2024

Harvey Gale
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Family Law Practitioners receive a higher volume of calls in and around the first working days of the New Year from people deciding to take steps to end their marriage and issue a divorce application. This has led to the first working Monday of the year...

My child is in care and is having a sibling assessment, what does this mean?

Isabelle Swirles
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A sibling assessment will evaluate the bond and relationship between siblings. A sibling can be defined as a person whom you share at least one biological parent with. An assessment will consider the sibling dynamic, and the impact separation would have on...

The Statutory Legacy: What is it? And how could it affect my entitlement on an Intestacy?

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In this article we explain the concept of the statutory legacy, when it applies, and how it can impact the distribution of a deceased spouse’s/civil partner’s estate. What is Intestacy? When a person dies without a valid Will, they are said...

Drink Driving: Keep safe this Christmas

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It’s that time of year, the Christmas party season is underway which coincides with the national Christmas drink drive campaign. That means there will be more stops and more prosecutions due to an increase in police patrols dedicated to seeking out...

Navigating divorces and child arrangements over the Christmas period:

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Going through a divorce and organising child arrangements with an ex-partner can be very stressful.  However, with the festive period approaching, this stress can be exacerbated and causing this to become a very worrying time. Below are some tips to...

What if something happens after my Financial Order is approved by Court?

Harvey Gale
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Following the conclusion of financial remedy proceedings, your situation could change unexpectedly, and you may feel that had this happened during the course of the proceedings, it would have affected the outcome of those proceedings. The Courts acknowledge...

What does an Interim Care Order mean?

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When the Local Authority considers that a child is at risk of significant harm, they can apply for a Care Order or an Interim Care Order. This would only be granted if the Court finds reasonable grounds to believe that a child has  suffered or is at...

Japanese Knotweed - don't shrug it off! Have you checked your house?

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Japanese Knotweed is an intrusive plant that spreads swiftly. The roots can reach depths of up to three meters and it can seriously damage infrastructure and buildings. Concrete cannot withstand its strength, which is why it is causing problems for sellers...

What is a Grant of Representation?

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When someone dies, in order to access assets held with financial institutions, sell assets, and even pay any debts that the deceased held on their death, a legal document known as a Grant of Representation is required. What are the types of Grant of...

What is a Communicourt Intermediary?

Adarsh Patel
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Communicourt is an intermediary service mostly funded by HMCTS, with no charges or payments required by parents or legal professionals. In the context of Care Proceedings, their aim is to assist a parent who has a communication difficulty which impairs their...

Can my Legal Representative attend a Child Protection Conference with me?

Emily Jones
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What is a Child Protection Conference? A Child Protection Conference is a multi-agency meeting arranged by the Local Authority.  The purpose of the conference is for family members and professionals involved in a child’s life to share...

Domestic abusers could find themselves subject to electronic tags upon release from prison

Harriet Starkey
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A new scheme will be launched in the East and West Midlands, which will see offenders that pose a threat to their former partner and/or their children, being subject to electronic tagging. This will help protect victims from further abuse following their...

Can my baby be placed for adoption by the Local Authority against my will?

Chelsea  Harris
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Your baby being placed for adoption against your will is referred to as a non-consensual adoption or contested adoption. The term ‘forced adoption’ is not a term that is used within the Family Court but is used widely in the media. Before an...

Failing to provide driver identification details

Olivia Peck
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It is an offence if you fail to provide details of a driver, to the police, at the time an alleged offence has been committed, under S172 of the Road Traffic Act 1988. The registered keeper of a vehicle has a legal obligation to provide details of who was...

Frequently Asked Questions when Selling a Property

Katelyn  Isliker
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Why have I been asked to provide proof of identification? As a firm of solicitors, under the Money Laundering Regulations we must comply with the requirements for proof of identity and money laundering. This is a legal requirement, that means we require...

How Do I Appoint a Guardian For My Children In My Will?

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What is a Guardian appointed by my Will? If you die leaving children under the age of 18, you can make provision in your Will for who you would like to look after your children if there is no one else with Parental Responsibility. They would then  be...

Domestic Violence Awareness Month

Harriet Starkey
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October is Domestic Violence Awareness Month, which is widely recognised as a month to raise awareness about the issue of domestic violence in our society and what can be done to stop it. It is a problem in every culture, religion and race and it can take...

How Much Is My Public Sector Pension Worth?

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For many people, a large part of the Divorce process will revolve around how their financial assets will be divided. However, for those who work in the public sector, the value of their pensions has been unusually uncertain over the past few years, which has...

What is a Child Assessment Order?

Emily Jones
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If the Local Authority are concerned about a child’s health, development or the way that they are being treated, but do not feel that there is an immediate risk to them, they may request that various assessments are undertaken. These assessments are...

Jade's Law: What is it and How Does it Affect Me?

Adarsh Patel
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By the end of 2023, Justice Secretary Alex Chalk plans to introduce a new law before Parliament which would result in parents who kill their partner or ex-partner with whom they have children to automatically have their parental responsibility suspended upon...

Tougher sentences for domestic killers

Harriet Starkey
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In March 2023, it was published that the government has plans to enforce tougher sentences on domestic abusers who kill their current or previous partners.  What does this mean for those found guilty of domestic homicide? The law will be changed...

Buildings Insurance

Katelyn  Isliker
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Buildings Insurance covers your home in the event that damage that occurs to the structure of the property i.e the actual building. This could be in the event of a fire, flood, storm or if the damage was caused by vandalism, theft, fire etc. When you are...

Free Wills Month

Jessica  Latimer
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Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2023. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills prepared...

The Court could make a Supervision Order or Care Order, what approach needs to be applied by the Court when considering these Orders?

Chelsea  Harris
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The recent decision in the Court of Appeal in the case of JW (Child at home under Care Order) [2023] EWCA CIV 944 is a reminder of the approach that should be taken when considering making final Supervision and Care Orders. The judgement provides a summary...

Beware of the Remarriage Trap

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Dissolving your marriage may feel like the end of a very long and turbulent road, and that you have finally reached the light at the end of the tunnel. However, should you remarry, you may fall foul of what is commonly known as “the Remarriage...

What is a Placement Order?

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A Placement Order is a Court Order which says that a Local Authority can place a child for adoption with prospective adopters, who have passed all the necessary checks and are a suitable match for a child. It does not mean a child has been adopted. However,...

Love Bombing - attention today, abuse tomorrow

Rhian Williams
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As of 24 th April 2023, Love Bombing is now recognised by the Crown Prosecution Service as a sign of emotional abuse in the UK, but what is Love Bombing and what are the signs?  Love Bombing is often disguised as excessive flattery; showering with...

I have been arrested for rape what happens now?

Helen Johnson
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Being arrested for rape or any sort of sexual offence can be a terrifying experience. Having been through the turmoil of an arrest and interview you find yourself bailed to return to the police station. Of course, you are relieved that you have not been...

Women in Law

Katelyn  Isliker
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As International Women’s Day on 8 March 2023 approaches, we are reflecting on the numerous and varied roles that women play in our society. It’s a time for looking forward, but also reflecting on the past. With this in mind, we have been...

Time to Talk - 2nd February 2023

Gemma Curtis
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What is Time to Talk Day? This year, Time to Talk day is on 2 February 2023. The day is organised by Mind and Rethink Mental Illness and promotes having conversations about mental health and how we can support ourselves and others. Why is Time to Talk...

What does it mean when the local authority initiates a s47 investigation?

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A section 47 investigation (S.47) stems from the Children Act 1989 which is legislation that governs England and Wales.  It means the Local Authority/Children’s Services have received a referral which has been made to them by any persons who have...

What is Pre-Proceedings?

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The Local Authority issue the pre-proceedings process where there are significant concerns regarding a child or children that are suffering harm or a child or children that are likely to suffer serious harm. This could be physical, sexual, or emotional...

GOOD DIVORCE WEEK (28 Nov - 2 Dec '22)

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‘Good Divorce Week’ is an annual campaign by Resolution, a community of family solicitors and other professionals who work with families and individuals promoting a non-confrontational approach to resolving family issues, including divorce, the...

Domestic abuse will rise during the World Cup

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For some people, the World Cup is nothing more than a passion for football. For others, it can ignite a fear of abuse from a partner with pre-existing patterns of this behaviour, causing anxieties and worry. Research has found that reports of domestic abuse...

National DoLs Court: a quarterly update

Jasmine Lees
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Following on from the National Deprivation of Liberty (DoLs) Court being announced in July 2022, the Nuffield Family Justice Observatory have published data in relation to the use of such applications. Over the first 3 months, there has been 349 applications...

I was sat in my car after drinking - am I guilty of a Criminal Offence?

Rachel  Gaffney
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Can I be arrested for sitting in my car drinking ?  Yes if you are sitting in the driver’s seat or are close to your car as if you are about to get in and drive it, the police can arrest you for being drunk in charge of a vehicle. Can I be...

International Men's Day 2022

Katelyn  Isliker
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Every year, International Men’s Day is recognised on 19 th November. This year’s International Men’s Day theme is “Helping Men and Boys”. The month of November is a significant time for men as it is also Movember where we focus...

Can I challenge my Police Bail Conditions?

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If you feel that the police have imposed strict and unworkable bail conditions on you, our expert criminal defence solicitors at Johnson Astills can make an application to the Magistrates’ Court to have them changed or removed. What is pre charge...

I have been invited to a Child Protection Conference for my child - what does this mean?

Chelsea  Harris
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The Local Authority will arrange a child protection conference for a child if there are concerns regarding the child being abused or it is believed that the child is suffering or likely to suffer significant harm. A child protection conference can also be...

'Domestic Abuse register to tackle violence against women.'

Rhian Williams
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Perpetrators of domestic violence could be made to sign a register if Labour wins power, the party has announced. Shadow Justice Secretary Steve Reed has said that perpetrators of domestic violence would be monitored in the same way as sex offenders....

Dressing up for Halloween? Don't dress and drive!

Olivia Peck
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If you are considering dressing up for Halloween, to go to a party as a scary character, be careful that your costume does not obstruct your ability to drive. If your costume could affect your driving, you could be in breach of the Highway Code. An example...

World Menopause Day

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Today is World Menopause Day.  A day providing an opportunity to break stigma that unfortunately still exist around menopause. A day to encourage open discussions about a natural transition in a woman’s life. Johnson Astills prides itself on...

Lasting Powers of Attorney - Property and Financial Affairs

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There are 2 types of Lasting Powers of Attorney (LPA); Property & Financial Affairs and Health & Welfare.  In this article, Johnson Astills will give you an introduction to the Property and Financial Affairs LPA. The Property and Financial...

What is child protection?

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Child protection is about making sure children are kept safe and free from harm. Local Authority Children’s Services often become involved with families where children might be at risk of harm. Child protection means that professional services can...

Stamp Duty Land Tax Changes- September 2023

Katelyn  Isliker
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The Chancellor of the Exchequer, Kwasi Kwarteng announced changes to the Stamp Duty Land Tax rules and these changes are effective from Friday 23 rd September 2022.   This means that regardless of when exchange of contracts took place, so long as...

World Mental Health Day

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Every year, World Mental Health Day is recognised by the World Health Organisation on the 10 th October. The theme of this year’s World Mental Health Day is ‘ Make mental health and wellbeing for all a global priority’. World Mental...

I want to leave my abusive Partner- How can I protect myself and my children?

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For the purpose of this Article, the term ‘partner’ can include your husband, wife, civil partner and unmarried partner or those who are living together (co-habiting). Domestic abuse/violence is widely defined by the Government as ‘any...

Life Interest Trusts in Wills

Jessica  Latimer
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What is a Life Interest Trust? A Life Interest Trust is a Trust included in your Will and can be a way, in certain situations, of protecting your share of your house for future generations after you die. A life Interest trust is commonly used in...

Who takes care of unaccompanied minors when they enter the UK?

Jasmine Lees
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Unaccompanied minors are children who enter the UK and may be seeking asylum under the Refugee Convention and may also be known as ‘unaccompanied asylum-seeking children (UASC). These children may experience a number of forms of harm prior to their...

World Suicide Prevention Day

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10th September 2022 - World Suicide Prevention Day #WorldSuicidePreventionDay Suicide and mental health are often seen as taboo topics and something that people are often scared to talk about. This stigma around mental health and suicide needs to end....

Freehold vs Leasehold

Katelyn  Isliker
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When purchasing a property in the UK, the property can be either freehold or leasehold.  The two are quite different and it is important to understand the differences when searching for a property to buy.  Here at Johnson Astills, we are here to...

Pensions and Life Insurance Policies?

Jessica  Latimer
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When making or reviewing your Will and your Inheritance Tax position, considering how you hold your pension and Life Insurance Policies is very important. At Johnson Astills , we provide a comprehensive Will writing service and place great importance on...

The Dangers of 'self-help' Financial Disclosure

Bethany  Gray
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Acrimony and Hostility between parties in divorce and finance proceedings can often give rise to a lack of trust in the financial disclosure submitted by the opposing party. In some cases, this can cause many a mistrusting spouse to conduct their own probing...

Can my children live with their grandparents if I am not able to care?

Jasmine Lees
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When the Local Authority have concerns surrounding a parent (or carer’s) care of a child then the Local Authority may complete an initial viability assessment of the capability of any wider family members or friends to provide safe care for the child....

What is an Emergency Protection Order (EPO)?

Jasmine Lees
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An Emergency Protection Order (EPO) is a time limited protective order for emergency situation whereby there is reasonable cause to believe that a child is likely to suffer significant harm on 3 grounds: The child is not removed (i.e. from a home address)...

Johnson Astills: an Award Winning 'Team of Fabulous Women'

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Johnson Astills: an Award Winning 'Team of Fabulous Women' https://www.leicestermercury.co.uk/special-features/johnson-astills-team-fabulous-women-7346956 ...

Things to know when Selling your Property

Katelyn  Isliker
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Selling your property, although may sound straightforward can often become prolonged and complicated. Not all transactions are the same due to several reasons but here at Johnson Astills, we are here to make the journey as smooth as possible. Here are some...

Regional Legal Aid Firm of 2022 at the LALYs!

Chelsea  Harris
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‘A Team of Fabulous Women!’ and ‘Leicester Legal Aid Legends’ : Johnson Astills declared the Regional Legal Aid Firm of 2022 at the LALYs! What are the Legal Aid Lawyer of the Year Awards (LALYS)? On Tuesday 12 July 2022, the...

National DoLs Court is being launched at the Royal Courts of Justice

Chelsea  Harris
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DoL stands for ‘Deprivation of Liberty’ and means that a person’s freedom is taken away from them. Being deprived of liberty will mean that a person is under continuous supervision and control and is not permitted to leave a certain place....

Things to Look out for when Buying a New Build Property

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A New Build Property is a property that has never been lived in before and has been recently constructed. Buying a New Build property is different from buying an older property, so it is important that you know what to look out for. Here at Johnson Astills,...

New Domestic Abuse Offences as of 7th June 2022

Olivia Peck
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Section 70 Domestic Abuse Act 2021, introduced offences of non-fatal strangulation and non-fatal suffocation, these offences came into force on 7 th June 2022. What is the offence of strangulation or suffocation? The legislation states that a person...

What can I do as an executor to make sure I find the most recent Will and details of all assets and liabilities in an estate?

Jessica  Latimer
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If you are acting as an Executor or Administrator you have a legal obligation to ensure you have found and dealt with all of the assets in the estate of the deceased and that you are proving and administering the correct Will. There are various searches that...

Sentencing for sexual offending involving a "sting" operation

Olivia Peck
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From 31 st May 2022, the sentencing guidelines for child sexual offences where no child existed or is harmed will be revised. What are the changes? The new guidelines coming into force provide Judges and Magistrates with guidance on how to sentence...

Sexual Offences & Sexsomnia (Sex while you sleep)

Helen Johnson
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WHAT IS SEXSOMNIA?  Sexsomnia is sexual behaviour while asleep. It is recognised in both sleep disorder and psychiatric classifications. Sexsomnia occurs when the brain is disassociated or partially disassociated and covers a wide range of sexual...

Blood Alcohol Testing: Is PEth is leading the way?

Chelsea  Harris
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You may be asked to engage in blood alcohol testing. This has now become an essential part in providing an insight into an individual’s alcohol consumption and providing an evidential picture within proceedings before the Family Court. In Family cases...

Tips for First Time Buyers

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Purchasing a property is one of the most important decisions that you will ever make and doing it for the first time can be daunting. Here at Johnson Astills, we are here to make the journey as smooth as possible.  The process can be time consuming and...

Angel Lynn - Coercive Control

Rhian Williams
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Angel Lynn was in an abusive relationship with Chay Bowskill. On 17 th September 2020, Angel was kidnapped by Bowskill. Bowskill was captured on CCTV chasing Angel down a street following an argument. He was seen to grab her from behind and she was forced...

What will happen when my child is ready to leave Local Authority care?

Chelsea  Harris
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Once a Care Order is made at Court, this Order remains in place until a child reaches 18 years old. Once a child reaches adulthood, the Care Order will cease to have effect. The Local Authority have a duty to support young people who have been subject to a...

Caught driving whilst using a mobile phone?

Olivia Peck
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New legislation comes into force on 25 th 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...

No-fault divorce: Important dates

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The no-fault divorce is to be introduced on Wednesday 6 th April 2022. The Government have now published key dates, including cut off dates in relation to existing applications under the existing legislation . We have been notified by HMCTS   of...

Putting Children's voices at the heart of reform. A report by Dame Rachel De Souza, Children's Commissioner for England January 2022.

Chelsea  Harris
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The report completed by Dame Rachel De Souza is dedicated to the children in care, who have voiced their experiences. These children have shared their thoughts and personal experiences in the hope that change can be brought for the children who follow in...

WHAT SPEED CAN I DO BEFORE I GET A SPEEDING TICKET?

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The moment of dread. Did I activate that speed camera? Will I receive a ticket in the post? According to the latest official data 74% of all motoring offences are speed related and can be a major contributing factor to deaths and serious injuries on our...

What is Coercive Control?

Bethany  Gray
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Coercive Control is a form of abuse, as set out in Section 1 of the Domestic Abuse Act 2021. Controlling behaviour is defined as a range of acts designed to make a person subordinate and/or dependant by isolating them from their sources of support,...

Impact of divorce on Wills & LPAs

Jessica  Latimer
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According to the latest figures the current rate of marriages ending in divorce in the UK is 42%. When going through divorce proceedings it is important to review and consider your Wills and Lasting Powers of Attorneys , and the implications divorce has...

Almost 100,000 children could be in Local Authority care in England by 2025

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The County Councils network (CCN) say more needs to be done to assist keeping families together. If this is not achieved soon, Local Authorities could spend up to £3.6bn more a year placing children in care by 2025, compared to 2015. If these trends...

What happens if my children are separated in foster care?

Jasmine Lees
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A BBC article dated 26 th January 2022 shone a light on the separation of siblings upon children entering the foster care system. The article highlights that around 45% of sibling groups are split up into different placements when the Local Authority become...

Are Local Authority Leicester City Council Children's Services Department meeting the needs of families and their children? Update 2022

Chelsea  Harris
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We previously wrote about the first Social Care Annual Report that was released from Ofsted in 2013. This report identified that a vast majority of Local Authorities were inadequate, and some child safeguarding services were struggling to meet basic...

I have a meeting with social services, can a solicitor attend with me?

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There may be lots of reasons why social services are inviting you to a meeting. For some of these meetings, you may be entitled to legal representation, meaning a solicitor can attend the meeting with you and give you advice about the issues discussed. ...

Many people will know that it is an offence to have an offensive weapon in a public place but did you know that it can be a criminal offence to have this in a private dwelling?

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The increase in crimes of this nature has led to the implementation of the Offensive Weapons Act 2019 specifically Section 46. This came into force on the 14 th July 2021. This section made amendments to the Criminal Justice Act 1988 which included banning...

Plan to reform Human Right Act

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The government established the Independent Human Rights Act Review in December 2020 to examine the framework of the Human Rights Act. The review looked at how it operates in practice and whether there was a need for change, with consideration being...

What happens if the police want to speak to me?

Olivia Peck
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If the police wish to speak with you under caution it is extremely important that you understand your legal rights. Even if you are not under arrest or placed in police custody you still have the right to free and independent legal advice. Voluntary...

What does 'risk of sexual harm' mean?

Jasmine Lees
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In November 2021, the NSPCC confirmed that a record number of people had contacted their service due to concerns around child sexual abuse, with nearly 5,000 calls made within a 6 month period. There are concerns that the risk of this type of abuse has...

Police Targeting Drink Driving at Christmas

Olivia Peck
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The Christmas season is coming... As the Christmas season approaches the party season gets underway. You may see Christmas drink drive campaigns starting to appear from local police forces, which will mean that once again police will be targeting drink...

The Importance of Making an LPA

Jessica  Latimer
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In a recent study sent to the Ministry of Justice it has found that during the pandemic there has been a significant reduction (26.5%) in the registration of LPAs for both Health and Care and Property and Finances. This statistic is of concern, bearing in...

International Day for the Elimination of Violence Against Women

Bethany  Gray
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Thursday 25 th November 2021 marks the launch of the UNiTE to End Violence against Women campaign, consisting of 16 days of activism across the UN and concluding on 10 th December, which will be International Human Rights Day. This campaign, led by the UN...

What is a Life Interest Trust

Jessica  Latimer
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A Life Interest Trust is created by a Will and is commonly used by married couples as a way of protecting each other’s respective share of the property on first death. Situations where this may be appropriate are where there are children from previous...

Time limit for charges for Common Assault

Rhian Williams
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There is currently a six-month time limit for a charge to be brought against someone for common assault. The BBC recently revealed that 13,000 cases in England and Wales have been dropped in the last 5 years, due to exceeding the time limit. Currently,...

What can I expect when I start divorce proceedings?

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Deciding to start divorce proceedings can be a very overwhelming experience and you can often not know where to start. The following article explores the different steps involved in the divorce procedure and provides assistance on the process. Provided that...

Social Services have asked me to sign and adhere to a Written Agreement and Safety plan, should I sign?

Chelsea  Harris
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Written agreements and safety plans are intended to provide clarity about the way that the Local Authority and your family will work together to ensure that your children remain safe whilst in your care. A safety plan is usually a personalised document...

What is a Residential Assessment Unit?

  • Posted

Where concerns have been raised about a parent’s ability to provide safe care for their child, a residential assessment may be considered as opposed to a community-based assessment to assess if they can parent the child safely and appropriately with...

Land Registry Update 2021 - The Future

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This year HM Land Registry have introduced several innovative improvements to the registration and application process with a view to adjust and adapt to become more accessible to the public. This is mainly due to the need of the conveyancing process to be...

I only threatened to share the image - I didn't actually do it - why do I have to go to Court?

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Many will know it is already an offence to disclose a private sexual film or photograph in which another person appears without the consent of that person. Earlier this year and because of the Domestic Abuse Bill, a new offence has been created under...

Change in Court fees

  • Posted

Generally, when an application is made to the Court a Court fee is required. As of 30 th September 2021, the HMCTS have raised their Court fees in respect of Family matters. Therefore, the Court fees are now: Divorce Petition       ...

Having a drink whilst out on your Scooter, think again....

Olivia Peck
  • Posted
  • Author

Owning an E-Scooter legally is currently difficult, as there are strict rules on any privately owned E-Scooter to be used lawfully on a road or public place. The rider must have insurance, licence, safety equipment and vehicle tax. The Law E-Scooters are...

Special Guardianship Order and Care Order - Can they Co-Exist?

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In the recent case of F v G [2021] EWCA Civ 622, The Court of Appeal granted leave to appeal to the mother, who argued that Special Guardianship Orders and Care Orders could not co-exist. This case was in relation to twin girls F and G. Prior to their...

Independent research recommends Care Services are in urgent need of investment and reform.

  • Posted

The Case for Change, an Independent Review of Children’s Social Care Report investigated Child Protection Services in England. According to a BBC News article written by Alison Holt Social Affairs Correspondent (June 2021) the system is under...

How to get the most from your Lifetime ISA account

  • Posted

A lifetime ISA (LISA) is a savings account whereby you can save to help contribute to your first house purchase or to be used at the point of which you retire. It can be opened by anyone in the UK as long as you are between the ages of 18 and 39. This is a...

I have been told by the social worker that my care of my child has to be supervised. What does this mean?

Jasmine Lees
  • Posted
  • Author

Where the Local Authority have concerns about a person’s care of a child, they may commission various assessments of the person’s ability to care for them. The concerns may arise as a result of an injury to the child, the carer’s mental...

How can I assist a family member/friend who has lost capacity and is now unable to manage their finances?

Jessica  Latimer
  • Posted
  • Author

Where a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA) for someone’s property and finances has not been put in place prior to a loved one losing mental capacity, Deputyship may need to be applied for, to manage their affairs...

My child is in care and I want more contact

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Local Authorities have a duty to promote contact between a child in their care and the relevant parties under Section 34 of the Children Act 1989 – unless it is not reasonably practical or consistent with the child’s welfare. If your child is...

Can I take my child on holiday if the other parent does not consent?

Bethany  Gray
  • Posted
  • Author

Now that the national lockdown has lifted and the possibility of international travel is an increasingly more viable option, many will be looking to get away and go abroad for some proper summer sun. Issues often arise when parents are separated and one...

Do I need a Consent Order?

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We are often asked if a Consent Order is needed in divorce proceedings the answer is yes, it is advisable and recommended.  A Consent Order is a document that is entered into willingly by both parties and it records the financial terms agreed...

What can I do if my spouse doesn't respond to my divorce papers?

  • Posted

When the Petitioner makes an application for a divorce, the spouse, known as the Respondent, is sent a copy of the application along with a form to complete called an Acknowledgement of Service (AOS). They are required to complete the AOS, which acknowledges...

What if you're caught in charge of your motor vehicle whilst over the prescribed limit?

Olivia Peck
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  • Author

With restrictions lifting there is an increase in drink driving offences , not only can you find yourself arrested for an offence of driving a motor vehicle whilst over the prescribed limited but also if you are found to be drunk in charge of a motor...

Will my baby be removed from me at birth?

Jasmine Lees
  • Posted
  • Author

A recent study by Nuffield Family Justice Observatory found that the number of care proceedings in England which involved newborn babies increased by 20%. Between 2012 and 2020, the number of newborn babies subject to care proceedings rose from 2425 to...

It's coming home. Oh no, sorry, it's not

Rhian Williams
  • Posted
  • Author

It’s not coming home and I wish you weren’t either. Euros 2020. The highlight of year. Gareth Southgate leading our boys in white to the final. 120 minutes of white-knuckle entertainment, to see Italy win at the final hurdle. Unlucky. Unluckier...

Covid-19: What if parents cannot agree on vaccinating their child?

Bethany  Gray
  • Posted
  • Author

The decision as to whether to order the vaccination of a child has been an issue for the Courts for many years before the existence of the Covid-19 virus. Now that the roll-out of the vaccines for the virus have been a success in respect of adults, the...

What is a Section 7 Report?

  • Posted

A Section 7 report is a report prepared by CAFCASS or a social worker from the Local Authority (Social Services) in cases where an application has been made to the Court under Section 8 of The Children Act 1989. A Section 7 report may be required in cases...

Breathing Space: what is it and how does it affect my ability to recover a debt? Will it apply to rental arrears owed by a Tenant?

  • Posted

What is ‘Breathing Space’? Breathing Space is a newly established Debt Respite Scheme, that  will give an individual who is in debt the right to legal protections from being chased by creditors. The scheme applies to the rental sector and...

Failing to provide a breath specimen the consequences

Olivia Peck
  • Posted
  • Author

The police can request a specimen of breath when they have reasonable grounds to suspect that you were driving, attempted to drive or drunk in charge of a vehicle where alcohol or drugs have been consumed. It is a criminal offence to refuse to provide a...

Important Things to Remember After You Move Home

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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...

Joint Tenants or Tenants in Common, what is right for you?

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Buying a home with your partner or family member is an exciting and a life changing experience. It is therefore to know the different forms of legal ownership and to understand how they both work before you make an informed decision. Joint Tenants Joint...

'The Big Ask' Survey - Children in England to have their say on Childhood

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From April to May 2021, millions of children in England told the Government what their childhoods should look like in the largest consultation undertaken in England. ‘The Big Ask’ survey was led by the Children’s Commissioner for England,...

Does the Human Rights Act 1998 protect parents in Care Proceedings

Chelsea  Harris
  • Posted
  • Author

The protection of your Human Rights is vital in all aspects of the Law. Article 8 of the Human Rights Act provides that everyone has the right to respect for private and family life. How is this right maintained in Care Proceedings for parents where the...

What will happen if I run away with my child to avoid Social Services involvement?

Jasmine Lees
  • Posted
  • Author

When the Local Authority become involved due to concerns regarding a parent’s care of a child / children , it can be a very challenging time for the family. Many people feel that they wish to escape so that they do not have to deal with any...

The Local Authority has applied to the Court for a Care Order - but what is it?

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What is a Care Order in my Care Proceedings case? A care order gives the local authority parental responsibility for the child . The court may make an interim care order so that arrangements can be made to look after the child until the court makes a...

How can someone find my Will after I die?

Jessica  Latimer
  • Posted
  • Author

You may choose to share the location of your Will with your family members or perhaps you keep a good record in your files. However, family members may not remember what you have told them or are not sure where to look when they need to find your Will. ...

The Domestic Abuse Act 2021

Bethany  Gray
  • Posted
  • Author

Following agreement by both the House of Commons and the House of Lords on its text, the Domestic Abuse Bill received Royal Assent on 29 th April 2021, meaning that it is now an Act of Parliament and therefore, law. The aims of the Act were to make...

Revocation of driving licence for new drivers

Olivia Peck
  • Posted
  • Author

As a new driver your licence is particularly important to you, however are you aware that your driving licence is automatically revoked by the DVLA, if you build up six or more  penalty points  within two years of passing your first driving test? ...

What is involved in selling my property?

  • Posted

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...

Mental Health Awareness Month

Gemma Curtis
  • Posted
  • Author

The week commencing 10 th May is mental health awareness week. Having lived through the period of Covid-19 and Lockdown, mental health has become more openly discussed and we are being urged to take care of our mental health as well as our physical health. ...

How do I complete a Form E?

  • Posted

When you are going through a separation, your first thought might be to start divorce proceedings, but it is important to try and reach an agreement in relation to the finances at the same time. This can take some time as there are many things you will need...

I want to recover possession of property that I rent to tenants: what do I need to do? How is the process affected by the COVID-19 pandemic?

Laura Anderson
  • Posted
  • Author

A landlord that lets residential property under an Assured Shorthold Tenancy (AST) needs to give their tenant notice if they want them to leave. If the tenant doesn’t move out, the landlord needs to apply for a Possession Order, that will specify a...

What can I expect if I apply for a Child Arrangements Order?

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It is common that when a relationship breaks down, conversations need to be had about the arrangements for the children to be able to spend time with both parents. It is always best if parents can reach an agreement between themselves in an attempt to ensure...

Getting the most from your Help to Buy ISA account

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The government closed access to new help to buy ISA accounts from 30 th November 2019 and onwards. If you were fortunate enough to have opened a help to buy ISA prior to this date this guide will be useful to help you optimise the account for buying your...

IS IT A LEGAL REQUIREMENT FOR LANDLORDS TO HAVE THE ELECTRICS TESTED WHEN RENTING OUT A RESIDENTIAL PROPERTY?

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As of 1 st April 2021, new electrical regulations came into force requiring Landlords to arrange an inspection and to supply an electrical safety certificate for all privately rented properties. What are the Regulations? The electrical inspections must...

Special Guardianship - An Agenda for Change

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In August and November 2019, I wrote articles considering whether Special Guardianship Orders required reform. The case of Re P-S (Children) [2018] EWCA Civ 1407  spurred the need for change. Developments continue within this area of law....

Care Proceedings are lasting longer in Court due to COVID-19

Chelsea  Harris
  • Posted
  • Author

The duration of Care Proceedings in Court has increased since the beginning of the lockdown and has reached the longest length since the 26-week target rule was introduced in 2014, despite the number of cases being issued falling in 2019. Care Proceedings...

I have been asked to leave my family home away from partner and children by Social Services - what does this mean?

Jasmine Lees
  • Posted
  • Author

When the Local Authority have safeguarding concerns about a person within a household, they may ask them to leave the family home away from the children and other adults within the home to allow for various safeguarding assessments to be completed. The Local...

Appointeeship - What is an Appointee?

Jessica  Latimer
  • Posted
  • Author

An Appointee is an individual/organisation registered with the Department for Work & Pensions (DWP). The nominated Appointee is allowed to receive another person’s benefits when they are unable to manage their finances. This could be due to them...

Restricting your right to protest: the Police, Crime, Sentencing and Courts Bill 2019-2021

Bethany  Gray
  • Posted
  • Author

On 16 th March 2021, the Police, Crime, Sentencing and Courts Bill passed its Second Reading in the House of Commons. The Bill has already caused controversy within the media, particularly in relation to the restrictions it seeks to bring in, in respect of...

New Sentencing Guidelines for Drugs Offences

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The 1 st April 2021 will see updated and new sentencing guidelines for some drug offences come into force. These will apply to all cases sentenced on or after 1 st April 2021.   The updated and new guidelines are designed to take into consideration...

Is it normal to exchange financial disclosure to reach a financial settlement in divorce?

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Trying to agree a financial settlement during a divorce can be an intimidating and daunting prospect. In order to ensure a fair and reasonable settlement, we always advise clients of the need to exchange full and frank financial disclosure, whether in...

My relationship has ended: what happens to the house?

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According to the Office for National Statistics, there are over 6m people cohabiting without being married or in civil partnerships, However, unlike spouses and civil partners, cohabitees have no automatic right to make a financial claim against their former...

What is the role of mediation in family law matters?

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When a relationship breaks down, many issues can need resolving such as finances, divorce proceedings and often child arrangements. Sometimes it can be difficult to resolve these issues with your former partner and conversations may become heated. Roughly...

What is an Investigation in children matters? What types of investigations are there?

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There are two types of investigations, a Section 47 investigation, and a Section 17 investigation. Within 24 hours of suspected harm being reported it is the Social Workers decision in regards to what investigation is required. They will decide one of...

Should you use using an Estate Agent to sell your home?

  • Posted

Are you looking to sell your home or investment property? One of the most important decisions you can make when selling your home is whether to sell through an estate agent or to arrange your sale privately directly to a prospective buyer. The aim of this...

Cladding - Government to bring an end to unsafe cladding

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On the 10 th February 2021, The Housing Secretary, Robert Jenrick discussed the issues surrounding cladding in the House of Commons and unveiled a five-point plan to bring an end to unsafe cladding.  The Grenfell fire tragedy has highlighted and...

The Stamp Duty Holiday has been extended

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What does this mean for you? We at Johnson Astills are excited to welcome the government’s announcement confirming the extension of the stamp duty holiday to 30 th June 2021. What is the Stamp Duty Holiday? The Stamp Duty Holiday was...

Did you know there is a legal requirement to restrain your dog in the car?

Olivia Peck
  • Posted
  • Author

Research shows that over a third of drivers fail to restrain pet passengers, with 1 in 10 allowing  pets to sit in the front seat of the car, and a further 9% of drivers, allowing their pet to sit on the back seat without a harness or seatbelt...

Social Services have asked me to leave the family home

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What can I do in these circumstances? Parents often ask this question when seeking advice from our Care Team: When Social Services become involved with parents in relation to concerns about their child, they sometimes ask one parent to leave the family...

The Local Authority want to complete a Risk Assessment, what does this mean?

Chelsea  Harris
  • Posted
  • Author

The Local Authority are likely to want to complete a risk assessment where they consider there to be a likelihood of a significant risk of harm to a child. Where there are concerns around domestic violence in a relationship, allegations of sexual or physical...

Does a Non-UK Resident pay extra SDLT?

  • Posted

From 1st April 2021, all non-UK residents who purchase a property  will be liable for a new surcharge of stamp duty land tax (SDLT). An additional 2% will be payable on all purchases of residential property (freehold or leasehold) situated in England or...

Changes in Legal Aid Capital Assessment

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It has long been an issue that if a person has equity in a property over and above £8,000 (after all disregards are taken into consideration) then they will be refused Legal Aid on the basis of having too much capital. This has prevented many from...

What happens if do not want to care for my baby / child anymore?

Jasmine Lees
  • Posted
  • Author

The Local Authority (also known as Social Services) often become involved with families where there are concerns about the care being afforded to any child within a home. However, sometimes the Local Authority are approached by parents who feel that they are...

What is an Advance Decision?

Jessica  Latimer
  • Posted
  • Author

An Advance Decision, sometimes known as a ‘living Will’ is a set of instructions of measures you would like to refuse when you no longer have the capacity to give or refuse consent to treatment. This can surround both medical and health care...

Raising awareness of Domestic Abuse - LWA Wear, Share Aware Campaign

Bethany  Gray
  • Posted
  • Author

Since  the third lockdown came into force reports of domestic abuse have continued to rise nationally, with many victims of domestic abuse being forced to isolate with their abuser.  As a result they  are experiencing increased difficulty in...

Mental Disorders and Sentencing - New Guidelines

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A new guideline for sentencing offenders with mental disorders, developmental disorders and neurological impairments has recently come into force. The new guidelines provide transparency and clarity for sentencing offenders with development disorders,...

Separation - What are your options?

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Deciding to separate or divorce is one of the hardest decisions to make, but the process itself does not have to be difficult. Once you have decided to separate the first step should be finding the right solicitor for you and for the outcome you are aiming...

How can I challenge a Will?

  • Posted

A Will is a legal document which sets out how an individual (known as ‘the Testator’) wants their assets to be distributed after they have died. Following a death, we are often contacted by people who are either: not named as a beneficiary ...

Received a letter from Social Services/Local Authority? What do I do?

  • Posted

The Local Authority can become involved in your family life for a number of reasons. This may be because they think you or someone else in your family may have done something to harm the child/children. They can also become involved even if you do not give...

Can you afford to buy your first property?

  • Posted

First time buyer looking to get on the property ladder? At Johnson Astills we are here to guide you through the legal process of buying a property.  The most essential factor to determine if you can buy a property is affordability. The aim of this...

Criminal Courts To Remain Open During Third Lockdown

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As the country goes into a third national lockdown the Lord Chancellor has confirmed that the criminal courts will not be closed. Attending court is a legal exemption to the national lockdown ‘stay at home’ restriction. Judges, jurors, court...

Special Reasons argument for Driving without Insurance

Olivia Peck
  • Posted
  • Author

What is a  Special Reasons argument? A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points. A conviction for most road traffic offences...

Does lockdown affect whether I can spend time with my children?

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As England is placed into another national lockdown, many parents will have concerns about what impact this has on Child Arrangements. The government have released national lockdown guidance which includes direction for child arrangement matters. The...

Completing Conveyancing Protocol forms

  • Posted

Selling your House can be a stressful time, with many forms and documents which you will be required to complete which will be unfamiliar to you. Below we will break down the 3 main forms used when selling your property and explain what each form is used...

Domestic Abuse - Am I eligible for Legal Aid?

Bethany  Gray
  • Posted
  • Author

Legal Aid is the provision of financial assistance to people who are unable to afford legal representation and access to the court system. Legal Aid is payment from public funds, and only provided in cases of need. If you have been the victim of domestic...

What are property searches and why do you need them?

  • Posted

When you are purchasing a residential property, you will need searches carried out on the property. These are essential as they can help identify any previous planning permissions or building regulations which apply for the property. It can help identify...

Will I get free legal advice if the Local Authority become involved with my family?

Chelsea  Harris
  • Posted
  • Author

Depending upon the extent of the involvement by the Local Authority, you may be eligible for free legal help under three levels of public funding Legal Help Level 1, Legal Help Level 2 or Full Representation. The lowest level of Local Authority involvement...

Lasting Power of Attorneys - Health & Welfare

Jessica  Latimer
  • Posted
  • Author

There are two types of Lasting Power of Attorney (LPA); one which deals with your Property and Financial Affairs and one which deals with your Health and Welfare. In this article, we will be discussing the Health and Welfare LPA. A Lasting Power of Attorney...

Managing affairs for a missing person

Jessica  Latimer
  • Posted
  • Author

The Guardianship Act was bought into power in 2019 to help families deal with the affairs of a missing loved one. Prior to this act being bought in, the only way to deal with a missing person’s affairs was to make a declaration to the High Court that...

Am I allowed to physical chastise my child such as smacking them?

Jasmine Lees
  • Posted
  • Author

The issue of smacking a child as a form of punishment or as a way to control a child’s behaviour is a contentious subject which divides public opinion. The issue has recently hit the headlines after Scotland introduced a law banning the smacking of...

Fail to Provide Driver Details - Company Prosecutions

Helen Johnson
  • Posted
  • Author

Does a Company have to provide details of their drivers’ (s172 notice)? If a vehicle is registered at DVLA as being owned by a Company then the Company must provide details of the driver's identity. How is driver information requested? The...

Declarations of Trust: what they are and when you should use one

Laura Anderson
  • Posted
  • Author

If a property is in joint names, and the owners aren’t married/civil partners, the presumption upon sale is that each person will get an equal share of the net sale proceeds. If each individual owner contributed equally to the deposit and the mortgage,...

Local Authority concerns about drug and alcohol use around children

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The Local Authority have concerns about drug use and excessive use of alcohol around my children – what should I do? Worried family members, professionals or members of the public may notify the Local Authority of concerns about parents or carers...

Affray just really what is it?

Olivia Peck
  • Posted
  • Author

Affray is a public order offence, the offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for their safety. If two or more...

Are you still thinking of purchasing a property? The stamp duty holiday deadline is fast approaching!

  • Posted

The Government announced in July 2020 the new reduced stamp duty rates, which meant that residential purchasers only paid stamp duty on properties above £500,000.00. If residential purchasers were subject to higher rate stamp duty then the changes...

I have been accused of Rape. How is a Rape Investigated?

  • Posted

It is regularly reported in the newspapers that the number of Rape prosecutions are falling. Early this year in order to identify areas for improvement the Crown Prosecution Service published a five-year strategy to look at all aspects of how Rape cases are...

According to Ofsted, there has been a 20% rise of non-accidental- injuries and deaths to babies during the first Covid 19 lockdown

  • Posted

During the first lockdown due to Covid-19  in March 2020, there was an alarming rise of 20% of accidental injuries in children under 12 months old. According to Ofsted, these children were either seriously injured or killed by a parent/carer. In...

How can I become a Solicitor?

  • Posted

There are now two different routes to qualify as a solicitor following the introduction of the Solicitors Qualifying Examination (SQE). The traditional route to qualifying has the following requirements:- Qualifying Law degree If you have obtained a...

What can I do if my ex-partner is stopping me from seeing my child?

Bethany  Gray
  • Posted
  • Author

Many parents experience problems securing contact with their children following the breakdown of a relationship.  Are you one of them?  If so, this article may help. In accordance with the Children Act 1989, as long as it is safe, children are...

Remote Hearings in the Family Justice System: A review of the Rapid Consultation by the Nuffield Family Justice Observatory.

  • Posted

It goes without saying that the Covid-19 pandemic has had a significant impact in virtually every aspect of our lives.  Arguably, one of the most significant changes for us at Johnson Astills, and for our clients, is that court hearings for Family and...

Can my information be shared between my Care Proceedings and Criminal Proceedings?

Chelsea  Harris
  • Posted
  • Author

The simple answer is yes. Your information can be disclosed and shared between proceedings governed by the 2013 protocol and good practice model . In Care Proceedings, there is a form Annex D that the Local Authority will complete and send to the police to...

How am I meant to engage and follow a remote / hybrid Family Court hearing?

Jasmine Lees
  • Posted
  • Author

Due to the COVID-19 pandemic and the subsequent lockdown, Family Court hearings moved to remote hearings which take place over the telephone or via a video platform to allow for social distancing restrictions. Initially, all major hearings such as final...

Positive mental health is important in the work place.

  • Posted

It was World Mental Health Day this year on the 10 October. The Mental Health Foundation suggests that ‘Tea and Talk’ is a great way to come together in difficult times to raise awareness for mental health. Prior to the Covid 19 pandemic,...

Supply of a psychoactive substance and offering to supply

Olivia Peck
  • Posted
  • Author

While many of these drugs were once legal, under the Psychoactive Substances Act, 2016, it is now illegal to produce, supply, or import them for human consumption, including for personal use. However, possession for personal use is not an offence. The...

Why should I instruct a Solicitor to prepare my Will?

  • Posted

When it comes to making a Will, there are two main pieces of advice that we at Johnson Astills give our clients. The first is to actually make one, and not keep putting it off. The second is to have a will drafted by a Solicitor that specialises in Wills. ...

Black History Month

  • Posted

In the UK, the scale and impact of institutionalised racism has been laid bare, with young Black men stopped and searched 20,000 times in London during the coronavirus lockdown, along with Black MPs, barristers, senior police officers, sportspeople and many...

Domestic Abuse: The Shadow Pandemic

  • Posted

Since the Covid-19 lockdown, there has been a sharp rise in reports of domestic abuse. The head of UN Women, Phumzile Mlambo-Ngcuka, declared that violence against women and girls is a “ shadow pandemic ” during the wider coronavirus crisis, as...

I have been charged with Voyeurism aka "Up skirting"- what does this mean?

  • Posted

What is Voyeurism? Voyeurism is a relatively new offence which was implemented by the Voyeurism (Offences) Act, 2019 and introduced 2 new offences. A person commits voyeurism under Section 67A (1): where they operate equipment, under another...

Changes to the Use Classes Order

  • Posted

The Government has introduced The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020 No.757) which has amended the Town and Country Planning (Use Classes) Order 1987. The new Regulations came into effect on the 1 st ...

Stamp Duty Land Tax: Temporary Reduced Rates for Residential Purchases

  • Posted

Due to the Current pandemic which has affected every country globally, the UK government introduced temporary changes to the Stamp Duty Land Tax (SDLT) effective from the 8 th July 2020 until 31 st March 2021. The temporary SDLT change which has been...

The impact Covid19 (Coronavirus) and contact with children in care?

  • Posted

Legal practitioners in the field of childcare law will be aware that Covid-19 epidemic has significantly challenged the family justice system. This article covers the issues around contact with a child in care and the legal principles, which govern it. The...

Can my court hearing be filmed and shown on TV?

  • Posted

Serious high-profile criminal cases can now be seen and heard by TV and online audiences after new Legislation was laid before parliament on 16 th January 2020. This marks a huge change as filming has only been permitted in some Court of Appeal cases since...

Bank Holiday Drinking? A warning to all from Johnson Astills

  • Posted

Following the difficult times we have all suffered this year with the Covid-19 pandemic it will be easy to get caught up in the bank holiday spirit, especially as this bank holiday the bars in Leicester and other surrounding areas will finally be open, but,...

What do the Court consider when making a financial order?

  • Posted

When the Court decide how to distribute assets following the breakdown of a marriage, they have to consider the checklist contained within Section 25 of the Matrimonial Causes Act 1973. The main principle is that the settlement must be fair and reasonable...

What Happens in Care Proceedings?

  • Posted

Care Proceedings begin when the Local Authority believe that your children have suffered or may be at risk of harm. The Local Authority will ask the Court to look at your situation and decide if the Local Authority should be granted a legal Order to...

Witnessing Wills online

  • Posted

Since the pandemic and subsequent lockdown in March 2020 the demand by individuals wanting to create a Will increased and solicitors have been challenged with finding new ways to ensure that Wills are witnessed and executed correctly in line with social...

Can I use modern slavery as a defence to a crime?

  • Posted

What is modern slavery? An offence of Modern Slavery is committed when someone holds another in slavery or servitude or when another person is made to perform forced or compulsory labour. What does modern slavery involve? The person must know or ought...

What are the risks children face in the Pandemic?

  • Posted

The COVID-19 pandemic has affected every corner of daily life and has changed our way of living beyond recognition. The impact of the virus has meant that it will continue to cause disruption to society for considerable time. UNICEF states that more than...

What is the law in relation to Drug Driving?

  • Posted

Is it an offence to drive after I have smoked cannabis? It is an offence under S5A, of the Road Traffic Act 1988, if you drive, attempt to drive or be in charge of a motor vehicle with a specified controlled drug in your blood or urine in excess of...

Maximising technology in lockdown: A law firm's perspective

  • Posted

The pandemic has shifted the way in which we all think about technology. We are all relying on technology more and the importance of having effective systems in place has increased to allow us to continue to communicate with colleagues, clients and other...

Recovering possession of residential property

  • Posted

The law relating to Landlords and Tenants is complex, and a landlord will need to demonstrate compliance if they want to recover possession of a property that they let out under an Assured Shorthold Tenancy (AST). Documentation/information Some of the...

Can the Police hack into my phone without me knowing?

  • Posted

You will see from recent news the answer is yes! The National Crime Agency have today announced that they have successfully penetrated a top secret communications system commonly used for illegal activity.  How will the police know to find me from my...

Why should you make a Will?

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The creation of a Will ensures that following your death your wishes regarding your personal possessions, such as jewellery and family mementos are passed on to those you wish to receive them. As well as this, creation of a Will allows for your assets, such...

Rouncefield: Section 21 Notices & Gas Safety Certificates

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A Court of Appeal judgment handed down this week spells good news for landlords who failed to supply a copy of a valid gas safety certificate to their tenant before they moved in. If a landlord wants to recover possession of their property where a tenant is...

The Myth of the 'Common-Law Spouse'

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Legal rights are conferred upon a person when they marry or enter into a civil partnership . These rights include: to inherit automatically if their spouse/civil partner dies intestate (without a will) to a degree of financial support if the...

Solidarity Statement

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Johnson Astills join many people and organisations across the globe. We stand in solidarity with our Black and Ethnic Minority clients and colleagues and stand by our commitment to challenge discrimination and racism wherever we find it. We know that many...

Drunk in Charge

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I was sleeping in my car after drinking. Have I committed an offence? Many people are unaware that simply being in charge of a vehicle whilst over the legal alcohol limit is an offence. You may be guilty of an offence under Section 5(1) (b) of the Road...

Are Drivers Speeding during Lockdown?

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Are speeding drivers flouting the law during lockdown? With less people travelling to work following government advice to stay alert and stay at home where you can, it would be reasonable to expect a significant fall in the number of driving offences...

Mental Health Awareness Week - 18th-24th May

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May is mental health awareness month with Mental Health Awareness week being 18 th -24 th May 2020. This year the focus of the week was to Be Kind. In 2020 a lot has happened and being kind has been the focus throughout most of this. The campaigns...

Are Family Court Hearings Still Going Ahead & What Can I Expect?

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Due to the need for social distancing no attended hearings at Court are taking place save for the most urgent of cases and where it is impossible for the case to be conducted remotely i.e. by telephone. At Johnson Astills we have had no attended hearings...

Assistance for victims of domestic abuse during the lockdown

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What can you do if you are a victim of domestic abuse during lockdown? Boots and other supermarkets are offering safe spaces to victims, where you can access the 24 hour National Domestic Abuse Helpline and the Men’s Advice line without causing...

The Impact of Covid-19 on Criminal Cases

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Are the criminal courts still dealing with cases during lock-down? The criminal courts are continuing to deal with cases throughout the coronavirus pandemic. Both the Magistrates’ and Crown Courts in Leicester are operating but they are dealing with...

Are the Police Still Interviewing Suspects During "Lockdown"?

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In a word, YES! It is important that you also know your rights remain the same…. What are my rights if the police want to interview me? If your are interviewed by the Police either under arrest or voluntarily then you have the right to free,...

Will Signing and Covid-19

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The demand for Wills over the past few months in light of Covid-19 has seen a 75% increase in those creating or updating Wills . It is more important than ever to ensure the ability to create a valid Will which will be in line with your wishes and provides...

Senior Dispute Resolution Solicitor Joins Johnson Astills

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Johnson Astills are delighted to announce that senior Dispute Resolution solicitor Laura Anderson has joined the firm. Laura's appointment means that our clients can now access advice across an even broader range of legal matters. Laura says: ...

Contact Arrangements In A Time Of Uncertainty

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Clients old and new have been in touch in the last couple of weeks to seek guidance and reassurance of their position by law in relation to their living and contact arrangements for their children when separated from the other parent. Whilst each case turns...

What is the impact of Covid-19 on Conveyancing Transactions?

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Covid-19 can potentially impact conveyancing transactions in the following ways: Purchasers request for properties to be decontaminated; Sellers refuse to vacate on completion due to self-isolation; Banking system disruption; Booking removal...

How will my contact with my children be facilitated during COVID 19?

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The current “lock down” and social distancing requirements imposed by the Government on 23 rd March 2020 only allow people to leave their homes for a number of reasons including shopping for basic necessities, one form of exercise a day, medical...

Coronavirus Coughing towards Key Workers Can lead to a Jail

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It has recently been announced that anyone using coronavirus to threaten emergency and essential workers faces serious criminal charges. This intervention comes after reports in recent days of police and other key workers being deliberately coughed at by...

Our Wills and Probate team are here for you

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Following Government advice, Johnson Astills have temporarily closed both offices in Leicester and Loughborough, however we are still fully operational and our phone lines remain open. We want to thank each and every keyworker for the hard work that is...

We are still here for you

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The Care Team at Johnson Astills has had to make a few changes this week. On Tuesday 24th March 2020, our Leicester and Loughborough offices closed temporarily following Government guidance relating to the Coronavirus (Covid-19). However, we would like...

Child Arrangements during COVID19

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During this time of uncertainty, many questions are being raised about all aspects of our day to day life. Following the announcement of the Prime Minister on Monday 23 rd March 2020, the country is effectively in “lock down” and we are only...

Purchasing New Build Properties

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Purchasing a new build property is purchasing your new house before it is even built or whilst it is being built. The Conveyancing transaction is slightly different to a normal residential purchase of a home when the property is not yet fully constructed. ...

Is it a Criminal offence to fail to stop at the scene of a road traffic accident or to fail to report a road traffic accident?

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It is an offence to fail to stop at the scene of an accident, this offence carries a maximum penalty of 6 months imprisonment. The law requires you to stop at the scene of a motoring accident and exchange your correct personal details. If details are not...

What does the Local Authority mean when they say my child is out of parental control?

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If the Local Authority has become involved with your family because your child is considered to be ‘out of parental control’, they may be exhibiting risky behaviour that is putting them or is likely to put them at risk of significant harm. This...

Top Tips on Purchasing a Property

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Purchasing a property is one of the most important financial decision you will ever make. The process can also be time consuming and you would be required to make numerous important decisions. Here are some of our top tips when considering purchasing a...

Local Authority concerns about domestic abuse around children

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The Local Authority have concerns about domestic abuse around my children - what should I do?   The Local Authority may be alerted to concerns about domestic violence by concerned family members, members of the public or professionals. If there are...

Islamic faith marriages are not valid under English law

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It has recently been reported in the Guardian, that Islamic faith marriages are not valid under English law.   The judgement which was delivered on Friday, overturned a previous High Court ruling that an Islamic marriage known as a Nikah fell within...

Solicitor vs DIY Probate

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When someone you love or care about dies it is a very emotional time. Whilst you are still grieving you have to also think about dealing with the administration of their estate.  If the deceased person left a Will then those named as Executors will be...

Receiving a witness summons - consequences of not attending Court

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Where you are a victim in a prosecution, if you make the decision you no longer wish to pursue the case, the Prosecution can apply for a witness summons. A witness is not obliged to attend court unless a witness summons has been served.  So what is a...

Top Tips when selling your house

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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

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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

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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'

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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?

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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

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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

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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

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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

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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

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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

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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?

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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

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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...

Think Green and the "Bras not Bombs" Initiative

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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

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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

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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

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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

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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

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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

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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

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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!

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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

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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?

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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?

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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?

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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?

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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

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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?

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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...

He loves me, he loves me not...

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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?

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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?

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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

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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...

We are participating in Will Aid

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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 UK’s...

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

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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!

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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

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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?

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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?

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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?

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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?

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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?

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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...

ID documentation required in a Conveyancing transaction

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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 long-awaited...

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

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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......

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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?

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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...

What is IHT?

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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 estate is less than £325,000 (called the nil rate band) and there are a...

My social worker has asked me to engage with Functional Family Therapy (FFT) - what is this?

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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 forms of intensive...

My child has been made a Ward of Court - what does this mean?

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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 the name that is given to Court...

Oritse Williams - Found not guilty of rape

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We have been following the case of Oritse Williams from chart topping boyband JLS closely after he was charged with rape 3 years ago, today he was found not guilty by a jury after just two hours. Whilst he has now been declared a free man by the criminal...

Is there a need for an inquiry into abusive parents' access to children?

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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...

What is an intermediary and how can they assist me at Court?

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For some people Court is a very stressful and daunting place, particularly if they are vulnerable in terms of mental health issues or learning disabilities. What is an intermediary? An intermediary works within the Justice system with vulnerable victims,...

Mental Health Awareness Week

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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 a mental health problem each week ...

Mobile Phone Penalties

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It has been illegal to use mobile phones whilst driving since 2003.  However despite many high-profile campaigns, including adverts on the radio and TV, motorists still continue to text and call whilst driving causing accidents, which in some incidents...

Is it time to redeem your Help to Buy Equity Scheme Loan?

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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 built home, so you’ll only need a 5% cash deposit...

Will my Children be placed together in Foster Care?

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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 wins Senior Solicitor of the Year at LLS Awards

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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 Friday 26 th ...

I was only shoved around a bit and shouted at. That can't be domestic abuse, can it?

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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 speaking with us, tell us things like...

Social Services have suggested that I have neglected my children - what does this mean?

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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 the “ongoing failure to...

Why are rape victims being told their case may be dropped?

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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 the collapse of several rape and...

Bank Holiday Drinking? Reminder to Drivers....

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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 charge of a vehicle while above the legal limit or unfit through...

What is arbitration?

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Arbitration is an alternative form of dispute resolution where parties are encouraged to work together to reach a reasonable outcome for all parties involved, without going to Court. A qualified arbitrator is agreed upon by parties to adjudicate the dispute,...

Probate fee hike delay

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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...

Upskirting Offence - 12th April 2019

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‘Upskirting’ is the term used when referring to the action of a camera or mobile phone being placed beneath a persons skirt to take a ‘voyeuristic’ photograph without their permission. Today, a new law has come into effect making...

Detectors for using a mobile phone whilst driving

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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 passenger or driver using the phone. The technology will ...

How could Family Law principles change after Brexit?

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If the UK leaves the EU without a deal, there are several family law agreements that will be effected and potentially no longer apply to the UK. This will mainly affect the principles surrounding the country that family law disputes are heard in and how the...

Is it a good thing to name and shame third parties during divorce proceedings?

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Whilst on a basic human level, naming the co-respondent seems logical, maybe even obvious and necessary; as specialist family solicitors we advise our clients not to include this information in a divorce petition. But Why? To begin with,  there is...

Failed to provide a breath specimen - What happens next?

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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 is positive. Why do I have to do provide a further sample at...

What is Private FDR or a Private Financial Dispute Resolution Hearing?

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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 from a Judge regarding the likely...

Divorce- Reforms to end the "blame game"

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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, unless someone can prove there was...

Can an Interim Care Order last beyond a child's 17th birthday?

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Our Care team at Emery 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 the question posted, the law on...

What is Exceptional Hardship?

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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...

Female Genital Mutilation, what's changed?

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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 prison. FGM is illegal in the UK. The World...

What is a Knife Crime Prevention Order?

  • Posted

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 or over can be made subject to...

I'm moving in with my partner. Do I need a cohabitation agreement?

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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 the U.K. is that of the ...

The Importance of a Solicitor in Divorce Proceedings

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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 solicitors to assist in petitioning...

Energy Performance Certificate (EPC)

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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 and to make it as efficient as...

Have you been referred to MST?

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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 into care or custody. ...

How can I prove that I have stopped using drugs and alcohol in Care Proceedings? Considering the FDAC approach as an alternative to the traditional routes.

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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 of the proceedings. Parents may feel...

Landmark appeal - murder conviction quashed

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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...

Are you buying a property? Here are some tips to consider

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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 the property, schedule in some time to explore the area....

Study finds that one in five children subject to Supervision Orders are harmed again within five years

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A recent study undertaken by Lancaster University for the Centre for Child & Family Justice Research looked at the contribution of supervision orders and special guardianship to children’s lives and family justice. The number of...

What can I do if I want to see my child?

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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 a child arrangements order? A parent,...

Why did I decide to become an Apprentice?

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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 routes were available to me. Law and society has always appealed to me,...

Probate fee increase

  • Posted

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...

Prison and Drug Detection

  • Posted

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, it will be able to detect...

Eating Disorder Awareness and You Can Care Week

  • Posted

Raising Awareness – 25 th February to 1 st 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. This week is Eating...

Care- Proceedings - Is the 26-week timetable long enough?

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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 both the parents and their...

Upskirting - A New Law

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Voyeurism (Offences) Act 2019 – What’s New! On 12 th 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: ...

Can you disclose confidential information arising out of Care Proceedings to other agencies such as the police?

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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 between the authorities involved...

Frequently asked questions when selling and purchasing a property

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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 Laundering...

What is Female Genital Mutilation?

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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’ who...

Court of Appeal Update: Psychological Manipulation - Murder Defence

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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 individual’s actions. ...

Prisoners "refusing" to attend Court?

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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 representatives or the...

Can my child give evidence in Court during care proceedings?

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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 this objective the Court must weigh up two...

Can a parent be ruled out as a carer before a final hearing?

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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 a view that is shared by the parents. The case is not ready for a...

Bodie Hodges Dodgeball Social Event

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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 had a chance to compete against...

Do I lose my legal rights if I move out of the family home?

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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 you are still living under the same...

Stamp Duty for First Time Buyers

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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 £125,000.00 (or more than £40,000.00 for second homes). This tax applies to freehold and...

What is the difference between Mediation and Collaborative Law?

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If you’ve just made the decision to end your marriage , there’s no doubt it was probably one of the biggest and most difficult decisions you have ever made. But now you have another important decision to make…how to actually get the...

When Driving Becomes Dangerous

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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 case there are minimum disqualification...

Do I need a solicitor for Probate?

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Many Executors can now make a personal application for a Grant of Probate in respect of an estate online by using the probate application system. Until very recently, as part of the application for a Grant of Probate, Executors were required to swear an...

Family Mediation Week: What is Mediation?

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The 21 st January to 25 th January 2019 is Family Mediation Week. The aim is to let more people know about the benefits of mediation, and to encourage separating couples to consider family mediation as a way of helping them to take control of their...

Domestic Abuse....Do the proposed new laws go far enough?

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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...

Drug Driving

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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. ...

What is a Children's Rights Officer?

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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. However, a CRO...

Probate Pricing

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From 6 th December 2018, all regulated law firms in the UK had to be price transparent across a number of common services including Probate. Probate is the term used for administering an estate and obtaining a Grant of Representation.  It is a process...

What is a Child Arrangements Order and when can it be applied for ?

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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 agreement cannot be reached...

Do I have to go to court to sort out our financial and children arrangements or are there other options which are cheaper and better ?

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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 collaboratively trained lawyer. At Emery Johnson...

Do I really need a lawyer to get divorced?

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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 website in an attempt to convince...

Is your ex-partner continuously stopping you from spending time with your child?

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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 no matter how much you are flexible with the child...

Is getting a divorce your New Year's Resolution?

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Monday 7 th January 2019 is known as ‘Divorce Day’.  Legal firms across the country will see a surge in queries from spouses planning to break up in 2019. Statistics on divorce regularly reveal a spike in the number of people separating in...

Is your ex-partner breaching a Child Arrangements Order?

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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 Order was made, the...

Price Transparency rules now in place

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As of 6 th 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 claims before an...

What is a Cohabitation Agreement?

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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 should happen in the...

Time to end the blame game....

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The Law Society of England & Wales responded last week to a government consultation on 'no-fault' divorce saying  that removing blame from the divorce process will allow separating couples to focus on what really matters. The Law Society...

The Local Authority and the issue of child protection case focus

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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 Emery Johnson Astills have the expertise to assist in a wide range of Child...

Offences relating to state benefits

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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 promptly notify a change in...

What does it mean if I have been placed in a possible pool of perpetrators within a Fact Find Hearing?

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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 in care proceedings are...

Do married couples have the same rights as unmarried couples?

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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 relationship to make an order. The Court...

What is a Serious Crime Prevention Order (SCPO)

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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 listed in Schedule 1, Part 1 of the...

Mother loses her home as a victim to Son's fraud

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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 fraud after Mrs Fletcher’s home was...

Domestic Abuse Disclosure Scheme

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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 2014 on International...

Prioritising kids helps minimise fallout from family breakdown

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In a new poll, 79% of the population agreed conflict from divorce or separation can affect negatively children’s mental health, a figure rising to 87% among those who experienced their parents’ divorce as children. 77% said conflict could affect...

My partner has been abusive towards me. Why have Social Services removed my child?

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It is a well-known fact that domestic abuse hurts children, whether they are physically caught up in the middle of it, or a witness, it causes emotional abuse. Latest government statistics show that half of the children assessed as needing social services...

Family Placement in Care Proceedings: What are the possible outcomes?

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During Care proceedings if the Court decides that a child cannot be cared for by either of their parents then usually the Court will seek to keep the child within their family by placing them with a family member.  A family placement would be approved...

Fizz, Food & Friendly Faces

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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 100 professionals and...

BANNED FROM DRIVING? CAN YOU GET YOUR LICENCE BACK EARLY?

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DRIVING DISQUALIFICATION? EMERY 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 apply to a...

I've recorded a conversation with my social worker without their permission, can I show it to the Judge?

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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 often asked ‘can secret recordings I...

Totting Up & Exceptional Hardship Explained

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At Emery 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 may use your vehicle daily, driving to work,...

Fracking - Criminal Proceedings & Sentencing for Protestors

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On 31 st 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 Court...

Having another baby if you have had previous children removed from your care

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Research completed by Lancaster University has shown that one in four mothers who have a child removed through the Family Court is likely to be subject to Care Proceedings again with regards to future children. The time gap between these sets of...

What is Japanese Knotweed?

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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 early summer the bamboo-like stems emerge deep...

Domestic Abuse and Children

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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 also witness to or exposed to this horrible crime during...

I want to change my child's surname what shall I do?

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Changing a child’s surname may not be as easy as you think and will depend on many variables. However, our specialist team at Emery Johnson Astills can help you.  A child’s name  must be registered within six weeks of the child’s...

Budget 2018

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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 by cutting stamp...

I'm suffering domestic abuse. Can I go into a refuge?

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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 day due to desperate lack of bed...

The Law on failing to provide a Sample

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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 taken to the police station. Why do I have to do it again at...

How can I prove I am no longer using substances?

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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 can be paid for...

Leicester Half Marathon Relay - 14th October 2018

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The Half Marathon Relay was held in Leicester alongside the Leicester Half and Full marathon. This year it took place on 14 th October and Emery Johnson Astills had the greatest pride in entering three teams to run this year! For the last five years...

I'm being stalked and harassed by my ex-partner, what can I do?

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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 that their ex-partners are...

"Who's the daddy?" - How to establish paternity in Care Proceedings?

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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 worker will make enquiries with any...

Restrictive covenant not discharged purely to 'clean up' a title (Re Evans)

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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 taking into consideration recent...

No Fault Divorce - what is the issue?

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The current divorce law is set out in the Matrimonial Causes Act 1973. For a couple to divorce one party must show that their marriage has ‘irretrievably broken down’ and that one of five grounds are satisfied. The five grounds for divorce...

Breach of Post-Sentence Supervision

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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 rehabilitation of...

Civil Partnerships

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Yesterday, the Prime Minster announced that heterosexual couples will now be allowed to enter into Civil Partnerships instead of getting married.  The change will now mean that for the first time ever both same sex partners and mixed sex partners will...

Assault on Emergency Workers Bill

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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 a new category of common assault - assaulting an...

What are the duties of the Local Authority in relation to children?

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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 will focus on the ...

What is County Lines Exploitation, is it the same as Modern Slavery?

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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 line”. They are likely...

Possession of an offensive weapon

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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 other criminal...

What are Section 47 Enquiries?

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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, who lives in their area,...

What is a Lasting Power of Attorney?

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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?

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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 others with parental responsibility...

Great North Run 2018

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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 world and attracts nearly 60,000...

Property Fraud and Identification Checks

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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 and the transaction completed?...

What is a Lancashire Finding in Care Proceedings

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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 from all parties involved in the case and in...

Role of CAFCASS in Private Law Proceedings

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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 that are in the...

Gemma Curtis is putting on her running shoes for the biggest half marathon in the UK!

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    Gemma Curtis, a Solicitor from our Care Team, is running the Great North Run on 9 th September 2018. Gemma is doing this to raise money for the Bodie Hodges Foundation, which is the chosen charity of Emery Johnson Astills. The Great...

Acid Attacks Increasing. What is the Law?

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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 the Courts. Here...

Great Scottish Swim 2018

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On Saturday 25 th 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 bracing 15.6-degree water to swim a mile in...

The 'Common Law Marriage Myth' and the Law

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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 such thing as a ‘Common law Marriage’...

Is sending one text or message from your phone worth your licence?

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It is illegal to use your phone while driving on the roads in the UK. This applies to anything a driver does with the phone; including making a call, sending a message or changing music.  Despite the illegality of using a phone behind the...

Children in the Care System

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According to a recent study published by Anne Longfield (the Children’s Commissioner for England), many children in the care system are receiving consistent, safe and stable care which is extremely positive and encouraging to hear. However, there...

Making a Will

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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 a Will, the rules of intestacy will apply which means that your...

My Social Worker wants me to sign a Written Agreement, what does this mean?

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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 Plans or when they are...

Can you go to prison for using a Drone?

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The UK has seen a rise on the use of Drones for both fun and commercial use. However as a result of new laws being brought in, people found flying drones above 400ft and within a kilometre of airport boundaries, could find themselves being charged with a...

Survivors of domestic violence and paid leave

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New Zealand has taken a big step forward by being the second country in the world to grant victims of domestic abuse an additional ten days paid leave from work each year. The first country was the Philippines. Women’s Aid have, through their work,...

Monkey dust: Terrifying Drug now on UK streets for £2

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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 into violent and psychotic episodes in the...

What is a Family Assistance Order?

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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 (where appropriate) befriend any person in the...

British Court recognises Sharia Law

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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 ceremony was conducted in a ceremony called a...

What searches are needed if I am buying a property?

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Pre Contract searches reveal additional information about the property you plan to purchase. The caveat emptor rule “buyer beware” puts the onus on the buyer to check the property for any physical defects and to make sure that the legal title is...

Authorities should advise survivors of domestic abuse

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Charlotte Rooks, a survivor of horrific domestic abuse, has recently discovered via social media of her abuser’s impending release from prison.  She was reported to be angry and upset and remains terrified of the perpetrator. Ms Rooks was beaten...

Prisons are not working.....

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“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 in...

New Supreme Court Ruling - Owens v Owens

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Mr and Mrs Owens married in 1978 and separated in 2015. Mrs Owens wanted a divorce. Upon separating, Mrs Owens petitioned for divorce on the basis that the marriage had irretrievably broken down as a result of Mr Owen’s ‘unreasonable...

Alternative Options to Court in Family Matters

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Here at Emery Johnson Astills we understand that going through a divorce or separation can be an emotional and difficult time. It is generally better for everybody involved if arrangements between you can be agreed, this is in relation to both finances and...

What is an injunction?

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Anti-Social Behaviour: Civil Injunctions Civil injunctions are governed by the Anti-Social behaviour Crime and Policing Act 2014, and are available in the Crown Court and High Court in relation to adults, and in relation to persons under 18 they are...

Nitrous Oxide & Beyond...

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Emery 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 26 th May 2016. The Sentencing Council has...

Get prepared for tomorrow by making Lasting Powers of Attorney today

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Lasting Power of Attorney documents are essentially deeds that appoint Attorneys to help you make decisions or to make decisions on your behalf. There are two types of Lasting Power of Attorney, one for Property and Finances and one for Health and Welfare....

Case law update: Re R [2018] EWFC 28

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In this case the Judge decided that an Interim Care Order (which is a temporary order) should only be used to allow the Court to safeguard the child’s welfare while it gathers the necessary information to make a decision about the child’s...

"I'm not in possession of drugs with intent to supply, I was just going to share the drugs with my friend"

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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 in their...

World Cup Penalties

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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 abuse during...

Wrongly accused of a Sexual offence?

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At Emery 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 appearing at court. It can be...

FROM TODAY, motorists to face 3 points & a £100 fine for driving too close to cyclists

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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 bikes and reduce accidents. From...

What is a Family Group Conference?

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A family group conference allows family members to meet along with professionals who may be involved with a child, where problems have arisen in caring for a child or safeguarding concerns have been raised. The conference allows for a plan to be established...

Owens v Owens - a move in Divorce?

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Mr and Mrs Owens married in 1978 and separated in 2015. Mrs Owens wanted a divorce. Upon separating, Mrs Owens submitted a petition for divorce on the basis that the marriage had irretrievably broken down as a result of Mr Owen’s ‘unreasonable...

Upskirting - Developments June 2018

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On Friday 15th June 2018 a bill to criminalise upskirting in England and Wales was blocked by a single Tory MP, Sir Christopher Chope, much to the disgust of the nation and his fellow MPs. What is Upskirting? Upskirting is a term used to describe taking...

Parental Responsibility and Changes in Society

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According to a recent article in the ‘Independent’, a transgender man wants to be identified as the father on his baby’s birth certificate, as he legally became a male when his child was born. Parental responsibility (PR) encompasses all of...

12 points on licence exceptional hardship

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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 driver has 12 points or more...

Domestic Abuse and Homelessness

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Domestic Abuse victims are falling through the cracks into a spiral of homelessness a report warns. 35% of women and 8% of men who sleep rough or have experienced homelessness, found themselves in that situation due to some form of abuse.  The study...

Leicester Legal Walk 2018

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Leicester Legal Walk Many of our staff at Emery Johnson Astills took part in The Leicester Legal Walk yesterday, 4 th June 2018. The Walk was 10km around the City of Leicester. Our route took us past many of the legal sights of Leicester, including the...

Stamp Duty Guide

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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 £125,000.00 (or more than £40,000.00 for second homes). This tax applies to freehold and...

First English Forced Marriage Prosecution

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22 nd May 2018 saw the first successful conviction in England for forced marriage.  The mother of the victim, who was 17 at the time, fooled her daughter into going to Pakistan in September 2016 to marry a man 16 years her senior.  On a trip to...

Dementia Awareness

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This week it is Dementia Action (Awareness) Week 2018. Here at Emery Johnson Astills we are proud to be Dementia Friends. Members of our team have attended a training and awareness session with Alzheimer’s Society’s Dementia Friends. ...

Drug Offences - An Overview

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In efforts to prevent drug misuse legal restrictions are placed on the creation, use and distribution of highly dangerous and harmful drugs. Under legislation controlled drugs are those classified as being of either class A, B or C depending upon their...

What is a Pre-proceedings meeting?

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Are you a parent and have you received a letter from the Local Authority asking you to attend a Pre-proceedings meeting? If you have, our specialist team at Johnson Astills can help you. A Pre-proceedings meeting means that the Local Authority are concerned...

Can I see my grandchildren after a relationship has broken down?

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The law could soon change giving grandparents, aunts and uncles the opportunity to have a relationship with their grandchildren, nieces and nephews. There is parliamentary cross party support for an amendment to be made to the current Children Act (1989),...

I am buying a property, do I need a Survey?

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At a time when you are already spending a lot of money, a survey can seem like a big expense. However due to the rule of ' caveat emptor' which stands for ‘buyer beware’ and puts the onus on the buyer to discover any faults in the...

What is the role of an intermediary in court?

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The role of an intermediary was created by the Youth Justice and Criminal Evidence Act 1999 to aid in criminal cases which involved vulnerable witnesses. However, the use of intermediaries has since spread to be included in Family Court proceedings due to...

Just a little fight....Affray

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What could start out as a disagreement between two people could result in your arrest and ultimately a criminal conviction. In recent months even England Cricketer Ben Stokes has found himself charged with affray following an incident outside a Bristol...

Duty Solicitors - a Vital Role in Criminal Justice

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In a segment on the Victoria Derbyshire show on BBC2 on Tuesday 17 April our Managing Partner and Solicitor Advocate, Helen Johnson appeared to discuss the implications of cuts and fees in criminal matters, particularly in relation to police station...

Selling your property- What is involved? What do you need to do?

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Energy Performance Certificate If you're planning on selling your home , it is a legal requirement to provide the Buyers with an Energy Performance Certificate (EPC) with a minimum rate of ‘E’. An EPC contains information about a...

Thousands of domestic violence & abuse cases halted by legal costs

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It has been reported by the BBC that the National Centre for Domestic Violence say that 6,000 victims of domestic abuse were denied free legal representation last year. Even when victims require Legal Aid to obtain Non-Molestation Orders, the applicants...

Violent Crimes on the Rise in Leicestershire?

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Violent crime is almost a third higher than nine years ago in Leicestershire. The most recent figures released show in Leicestershire that there were 18,985 violence against the person crimes reported in the year to September 2017, the latest figures, a 29%...

Electronic tagging of domestic abusers?

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Perpetrators of domestic abuse could be electronically tagged under new government proposals, in an attempt to transform the way domestic abuse is tackled within the UK. Unprecedented new civil orders will expand the potential sanctions Courts and Police...

Director of Public Prosecutions resigns

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The Director of Public Prosecutions, Ms Alison Saunders (the Lawyer who leads and is ultimately responsible for the Crown Prosecution Service (CPS)) has announced that she will not be extending her five-year term and will be resigning. This move seems to be...

Road Traffic Offences Specialists

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With offences ranging from failing to wear a seatbelt to causing death by dangerous driving it is arguable that no other area of criminal law covers such a broad spectrum of offending behaviour. At Emery Johnson Astills our specialist road traffic lawyers...

Private Adoption - Step-Parent and Cohabiting Couples

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If you are a step-parent or a cohabiting couple you may have thought about making an application for an Adoption Order. A parent must apply jointly with you to adopt the child, both adults will then become the child’s adoptive parents. An application...

Top Judge calls for sweeping changes to Divorce Laws

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  Britain’s most senior Judge, Sir James Munby has commented that marriage laws are “very badly in need of reform” and has called the current way financial settlements are dealt with as ‘Victorian’ and unfairly biased in...

In what circumstances can the police remove your child from your care?

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Under Section 46 of the Children Act 1989 , a child can be lawfully removed without the consent of the parents if the police officer reasonably believes that the child is at risk of suffering significant harm if they are not removed or kept in suitable...

John Worboys - Parole Board fail to give consideration to full allegations

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The High Court this week heard a case concerning John Worboys; that the Parole Board did not consider all allegations against him and only took in to account the allegations he admitted. Mr Worboys was sentenced in 2009 to an indefinite sentence with a...

What to expect if Social Services become involved with Family

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Social Services have a statutory obligation to safeguard and promote the welfare of all children. Families often feel anxious at the thought of Social Services becoming involved and about letting them into their homes. These worries are natural but it is...

Joint Tenants or Tenants in Common?

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Joint Tenants or Tenants in Common? As a prospective buyer, buying with another person can be an attractive option, allowing you to gather a bigger deposit and share your mortgage repayments. In England and Wales, there are two types of co-ownership and...

What does being released under investigation by the police mean?

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What does being released under investigation by the police mean? As a result of the introduction of the Policing and Crime Act 2017 the police can no longer release someone on bail for longer than 28 days, unless this has been lawfully extended. ...

Defending Domestic Violence - Proposed Changes to Legislation

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This week the Government has launched a consultation on a proposed domestic abuse bill. The bill recognises that not all domestic violence abuse is physical and therefore aims to provide a statutory definition of domestic abuse which will include physical...

Are Police taking the appropriate action in domestic abuse cases?

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The Sentencing Council is in the process of publishing new guidelines regarding punishment for those convicted of domestic violence offences. The guidelines are due to be published on 1 st  March 2018.  This should result in perpetrators of...

What is a Child Protection Conference?

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A Child Protection Conference is generally held following a referral and investigations by the Local Authority in relation to a particular child and their situation. The test for convening a Child Protection Conference is: the child is at risk of significant...

Drones: New Technology v. Old English Law

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At Emery Johnson Astills we are alert to technological innovation and the implications this has with the criminal law. Professional and amateur use of drones has increased significantly over the last few years, but it is increasingly coming under fire in...

Refuge & The Right To Vote

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This year is the centenary of the first women being granted the right to vote and 90 years since women won the equal right to vote. Women felt they should have the right to vote for many reasons, particularly because they had to pay taxes and abide by the...

Help to Buy ISA : Finding your way onto the property market

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If you are a first-time buyer, putting your cash in a Help to Buy ISA is a no-brainer. You will require a minimum of £1,600.00 saved and the maximum bonus you can acquire is £3,000.00 (on £12,000 savings). You must not own and never have...

#MeToo

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The #metoo movement is one of the most high-profile issues currently in the media, a hash tag campaign against sexual violence. According to the Guardian, twitter reported that the hash tag was shared nearly one million times in 48 hours and shared more than...

What is Disclosure in a Criminal Case?

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You may have heard of a number of high profile rape and other serious cases collapsing recently due to a lack of disclosure. But what is disclosure?  As experts in Criminal Defence, Emery Johnson Astills can explain. When investigating a case...

Role of the Children's Guardian in Care Proceedings

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Social services have a statutory obligation to safeguard and promote the welfare of all children. If there are serious concerns about the safety or welfare of your child then social services may apply to the court for a care or supervision order. A Children...

Why would you not?

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The following is based on research undertaken by Scottish Widows and published in the Financial Times: In 2016 there were 107,071 divorces. 10,000 people were surveyed. More than 50% would “fight” for a fair share of the property. 36% would...

Legal representation: When Social Services are involved

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If you require legal representation in relation to Child Law matters do not hesitate to call our Care Team at Emery Johnson Astills on 0116 255 4855 or email us at  careteam@johnsonastills.com . Our team are highly experienced and can deal with a range...

Theodore Johnson - Why was he free to kill again?

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At the start of this month, Theodore Johnson (64) pleaded guilty to murdering his former partner, Ms Angela Best (51), at her home on 15 th  December 2016 by beating her with a claw hammer and throttling her with a dressing gown cord.  Mr...

Family Legal Aid for Survivors of Domestic Abuse

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From January 2018 the evidence test to qualify for Legal Aid in family cases for survivors of domestic abuse will be greatly relaxed. The government has decided to scrap the five-year time limit for certain types of evidence and broaden the types of...

Fitness to Practise and University - What you need to know?

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Studying for a degree and working hard towards a professional qualification only to find your future in jeopardy? Are you facing Disciplinary or Fitness to Practise Proceedings at university? The Criminal Defence Team at Emery Johnson Astills are...

Child Protection Plans

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Social Services have a statutory obligation to safeguard and promote the welfare of all children. If Social Services invite you to attend a Child Protection Conference it is because they have some concerns about the safety of your children. If you are asked...

Nitrous Oxide, the latest "legal high" & The Psychoactive Substances Act 2016: No Laughing Matter

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Nitrous Oxide, or laughing gas, is well known for its euphoric and pain relieving effects as it is widely used as an anaesthetic in medicine and dentistry; it is even used in catering for whipped cream canisters. However, following the Psychoactive...

Do you require legal representation at Court?

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If you require legal representation at the Youth Court, Magistrates’ Court and/or the Crown Court do not hesitate to call our Criminal Law Team at Emery Johnson Astills on 0116 255 4855 or email us at  crimeteam@johnsonastills.com . Our team are...

Did you know if you're a student and receive a criminal conviction it could affect your studies?

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Are you a student at University, studying to gain employment for your future career? If you find yourself in trouble with the police or criminal courts, you are expected to inform the University. If you receive a caution or conviction you could find yourself...

Stamp Duty Land Tax changes for First Time Buyers

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Prior to 22nd November 2017 when purchasing a Property, First Time Buyers had to pay Stamp Duty Land Tax (SDLT) on increasing portions of the Property price above £125,000.00. Following the announcement of the Autumn budget yesterday, First Time...

Proposed Domestic Violence Register

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Liz Saville Roberts, MP for Dwyfor Meirionnydd, is attempting to introduce a law to create a register of perpetrators convicted of domestic violence, with a condition that Police must warn new partners of the violent past of repeat offenders. Mrs Saville...

Parental Responsibility and Surrogacy in Same Sex Civil Partnerships

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The Human Fertilisation and Embryology Act 2008 set out who under English Law are the legal parents of a child which is born after sperm donation or artificial insemination or other fertility treatment. Where a woman is in a same sex civil partnership at...

NEWS - Tracy Leeke, Law Society Children Panel Accreditation

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Emery Johnson Astills are extremely pleased to announce that Tracy Leeke, who is a solicitor within our care department, is now an accredited member of the Law Society’s Children Panel. Tracy joined Emery Johnson Astills in...

What is an Easement?

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An Easement is a right attached to one piece of land (dominant tenement) which gives the owner of the land a right to use another person’s land (servient tenement). The owners of the dominant and servient tenements must both have estates in the land...

Proposed Changes in Animal Cruelty Sentencing

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Under government plans announced recently those who commit the most heinous animal cruelty offences could face up to 5 years in prison; a tenfold increase on the current maximum sentence of 6 months. This move comes following campaigning from animal welfare...

Failed to notify the Department of Work and Pensions of a change of circumstances?

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It is a criminal offence if you have failed to notify the Department of Work and Pensions of a change in your circumstances, whether it is financial or not. • The changes you should notify are; obtaining employment, (also to include if your hours or...

Alice Ruggles: One Year On...

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Alice Ruggles is a name that many are now familiar with, having been murdered just over a year ago by her ex-boyfriend, Trimaan Dhillon. After the breakdown of Alice’s relationship her ex-boyfriend hacked into her Facebook and emails and proceeded to...

WHEN IS A CONSPIRACY THE WRONG CONSPIRACY?

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Helen Johnson Solicitor Advocate at Emery Johnson Astills When the prosecution decide to charge an offence of conspiracy they have to prove that there was an agreement to commit a criminal offence, eg to supply drugs. Evidence of that agreement can be...

The Right to Affordable Justice: The Bach Commission

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At  Emery Johnson Astills  we are committed to providing affordable representation and advice to all our clients. On 22nd September 2017 the Bach Commission, setup by Leicestershire Police and Crime Commissioner and former barrister Lord William...

Need representation at the Police station?

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If you require legal representation at the Police station, even at short notice, do not hesitate to call our Criminal Defence Team at  Emery Johnson Astills  on 0116 255 4855 or email us at crimeteam@johnsonastills.com . If you are asked to...

Looked After Children

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Here at  Emery Johnson Astills  we recognise that different terms may be used during the time that social care are involved with you and that you may not always understand these terms. We appreciate that it is important for you to understand the...

What is a Codicil?

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Nearly all of us know what a Will is, but how many of us know what a Codicil is? A Codicil is a document that can be used to make an alteration to a Will. The same formalities that apply to Wills, apply to Codicils so for example, the document must be...

Serious offences involving vulnerable witnesses - from police station to court

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Section 28 of the Youth Justice & Criminal Evidence Act permits video recorded cross-examination and re-examination of vulnerable witnesses. In short this permits all evidence to be recorded before the trial which will then be played in Court. The...

Stop and Search - are the police acting lawfully?

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New standards and training for police officers conducting stop and search will be rolled out across England. Police officers will be required to take an online course and sit an exam which will test when they should use the stop and search power. It is hoped...

Leicester Pride

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Leicester Pride is Leicester’s annual Lesbian, Gay, Bisexual and Transgender (LGBT) festival, held at the beginning of September. It is one of a number of nationwide celebrations that take place to celebrate the LGBT community. This year Leicester...

FGM - What is it and what can we do to prevent it?

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FGM = Female Genital Mutilation There are four types of FGM, ranging from partial or total removal of the clitoris and/or labia, to partially sealing the vagina, to any other harmful procedure to the female genitalia for non-medical purposes. Where does...

When can Social Services remove your children from your care

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When Social Services are involved with your family it can be a stressful time during which you are constantly worried that your children could be removed from your care. You may not understand what Social Services can and cannot do. Here at Johnson...

Grease Is The Word

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On Tuesday 6 th  December 2016, Emery Johnson Astills along with guests, attended the Curve to enjoy a performance of Grease the Musical in celebration of their 21 st  Birthday. As members of the Curve, Emery Johnson...

Legal highs are not actually legal!

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Although Psychoactive Substances Act came into effect in spring 2016 many people are still unaware of the consequences and effect of this new legislation. Psychoactive drugs or often incorrectly labelled legal highs contain one or more chemical substances...

The Jury in the Trial of King Richard III are asked 'Guilty or Not Guilty'....

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Once upon a time, a few hours down the M1, two bodies were discovered buried within the Tower of London.  Rumours were that the bones belonged to Prince Edward and Prince Richard, the nephews of the Plantaganet King Richard. Helen Johnson, Managing...

Non-accidental injuries - what happens when a child gets hurt and we don't know the reason why

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Children can be clumsy. They can fall over or get knocked down and they get right back up again. Children suffer from bumps, bruises and breaks. Accidents can happen but sometimes a child can be injured and the explanation provided is not consistent with the...

Leicester Half Marathon Relay

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On the 23 rd  October 2016 the city of Leicester hosted the Leicester half and full marathon, many streets were closed or partially closed to allow a route for the runners. A full marathon is 26.2 miles long and the half marathon is 13.1 miles long....

Failing to Report an Accident

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Leicester University’s Criminology Department found more than 17,000 cases in 2015 involved a hit and run driver. So what do you have to do when you are involved in a road traffic collision? The Law states that when drivers are involved in an accident...

Should violent parents be granted contact with their children?

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Steps are being taken by senior judges to end the presumption that parents must see their children if it can be evidenced there has been domestic abuse that would put the child or parent with whom the child lives at risk.   The proposed reforms come...

Family Mediation Week

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The 23 rd  January 2017 to the 27 th  February 2017 is Family Mediation Week and it is all about raising awareness of mediation. Mediation can assist families going through a divorce or separation by helping them sort out their disputes. What is...

Probate and Estate Administration: What is the Tell Us Once Service?

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Tell Us Once is a service that should be used after someone dies. It collects information about the deceased and allows you to report the death to multiple government organisations all at once. The service requires you to complete a form which you can do...

Land mark case regarding taking children on holiday

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Have you been fined for taking your child on holiday during term time? A landmark ruling in the Supreme Court could soon determine whether parents will face prosecution for taking their children on holiday during term time. At Emery Johnson Astills, we...

Secure Accommodation Orders- keeping teenagers safe?

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Sometimes, teenagers can be ‘out of control’. They can become involved in situations that put themselves or others at risk and it is not possible for their parents to protect them. This may be that they are putting themselves at risk of sexual...

The proposed offence: Shining a laser at any transport operator.

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Laser pointers are portable hand held devices, generally used by professional trainers as presentational aids and it is not illegal to purchase a laser pointer. However, if a person points a laser at an aircraft and causes the aircraft to become endangered,...

Contact with a Child in Care

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It is often in the best interests of children subject to a Care Order to maintain reasonable contact with their birth families.   Under section 34(1) of the Children Act 1989 the Local Authority (i.e. Children’s Services) have a duty to promote...

A New Regime for Police Bail - Make Sure You Know It!

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The Crime team at  Emery Johnson Astills  are all too familiar with the length of time a suspect can be on bail for, so we hope these new changes will make a difference. In April 2017, as a result of the Policing and Crime Act 2017, there will be...