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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...

Restrictive Covenants: what you can & can't do with your new property

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When purchasing a home, you should be aware of restrictive covenants affecting the property, to avoid costly mistakes. At Emery Johnson Astills, we will ensure that you know exactly what you can and cannot do with your property.   What is a...

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...

What is a Residential Assessment Unit?

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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. A...

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 Emery Johnson Astills can help you. A Pre-proceedings meeting means that the Local Authority are...

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...

Section 20 - What Does it Mean?

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Section 20 of the Children Act 1989 sets out that Social Services have a duty to provide children with somewhere to live either because they do not have a home or because they do not have a safe home. If Social Services have concerns regarding your...

What is an Emergency Protection Order (EPO)?

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Any person who has concerns that there is reasonable cause to believe that a child is likely to suffer significant harm if they are not removed to accommodation provided by the applicant or does not remain in the place they are being accommodated, may apply...

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...

How do human rights protect children and parents in care proceedings?

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A person’s human rights are protected under the Human Rights Act 1998 and the European Convention on Human Rights. The protection of a person’s human rights is paramount in all aspects of law and this is of high significance in Care Proceedings....

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...

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