Author: MTG

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Law

Did you know that you may be able to recover legal costs if you have paid privately?

If you are a successful defendant, i.e. you are acquitted or the case against you is dismissed, and you have paid your solicitor privately, you are entitled to recover your legal costs under the Defence Costs Order regime.

The definition of legal costs includes fees, charges, disbursements and other amounts payable in respect of solicitor and barrister fees. The regime came into effect for criminal proceedings commenced after 1 October 2012 so if your case started after this date, you may be eligible. The amount that is recoverable is, however, limited to the amount that would be payable under legal aid rates, so you will not get the full amount of legal costs that you paid returned to you.

The regime applies to, amongst others, proceedings in a magistrates’ court, when a warrant, requisition or summons relating to the proceedings is issued and on an appeal to the Crown court, when a notice of appeal is served. Your solicitor will be able to advise you on whether this applies to your case.

If you are eligible for a claim under the Defence Costs Order regime, you must submit your claim within three months’ of the date the court proceedings ended, otherwise you risk having your claim rejected or a penalty imposed. Submitting a claim under the Defence Costs Order regime is something that you will normally have to do yourself, however at MTG Solicitors, your solicitor will be able to do this for you.

Categories
Law

To make a WILL or not to that is the question?

“To do or not do” is indeed the Shakespearean question of our time; our lives have become so fast paced that its all whizzing too quickly these days. So when the question of making a Will comes up, little time for consideration is given and left back on the mantle piece for a another rainy day.

Its time for you to take a serious look into making your will.

Your Will is likely to be one of the last set of instructions you leave behind. It will deal with your instructions and wishes and will be the last remnants of your legacy. Making a Will makes it easier for both you and your loved ones.

However, If you decide not to make a will it can cause great confusion for your family and friends as to what your last wishes may have been. This can lead to family disagreements, disputes and even break ups; and remember you will not be there to clarify or explain those wishes. Unless you’re the “ghost of Christmas Past”!

Therefore, in order to ensure that your wishes are carried out correctly and your assets are distributed in accordance with your desires it is highly recommended to plan and make your Will today.

To protect your legacy, it is in your best interests to ensure that your will is drafted and executed in the correct way. Without this your will is open to interpretation and challenges which may invalidate your will, which would mean that gifts and legacies may not be distributed as per your original wishes. It seems a simple task to draw up your own will using a standard template and have it executed in the presence of two people, however it is easy to make mistakes and this could be one of the biggest pitfalls you could make.

By planning your Will with a solicitor specialising in wills you can have the peace of mind that your last testament has been drawn up correctly and with your full wishes intact:

Some of the various benefits of planning with a specialist solicitor include the following:

  1. You will be given advice on the options surrounding your will;
  2. You will be advised confidentially and your best interests will be put first;
  3. Your will be drafted and checked according to your instructions-your instructions may not be followed or you will may even be invalid if the incorrect wording is used;
  4. And most important of all your Will would be witnessed and executed in the correct way. One of the biggest problems of incorrect execution could mean that your will is invalid.

So there you have it, avoid the pitfalls and don’t risk your assets and legacies being handled in the incorrect way. So “to do” is certainly the way to go!

Categories
Law

Children matter, but sadly procedures matter more?

Children are often the worst affected after the breakdown of a relationship. It is therefore important for both parents to amicably reconcile their differences in the best interest of the children. Sadly at this stage emotions are high and children can find themselves embroiled in the issues and on occasions being forced to take sides of either parent.

The longer it takes for the child to see the absent parent the more damaging it is for the child in the long term.

Should there be a route directly to the court to avoid delay for parents who are not having contact with their children?

The delay to commence court proceedings often invokes a status quo and the main person affected is the child who does not understand why he/she has not seen the absent parent. A child can therefore be left feeling rejected whilst the parents try to resolve issues through mediation and the court.

Currently unless there is evidence of domestic violence, involvement with the police, doctors or involvement of a refuge the parents have to access mediation before an application for contact can be issued.

Should the child not have a voice and a right not to be estranged from a parent when there are no other welfare issues?

One solution could be a procedure to make a fast track application to the court where there has not been any of the above issues but parents have simply not been able to agree arrangements and the children have been left with no contact with the non-resident parent as a result.

Sadly, there’s no plans for a speedier service as yet, but we shall wait and see whether a process or a procedure is set to help enable a “fast-track” service at the family courts, which will eventually help reduce the suffering of any child going when parents separate.

Categories
Law

Dementia on the rise, but help is at hand!

This is often an area where most have come in contact with but know very little about it. Dementia is now a major illness that affects 850,000 people in our society today is there help when things go wrong? According to the Alzheimer society.

“There are 850,000 people with dementia in the UK, with numbers set to rise to over 1 million by 2025. This will soar to 2 million by 2051.

225,000 will develop dementia this year, that’s one every three minutes.

1 in 6 people over the age of 80 have dementia.

70 per cent of people in care homes have dementia or severe memory problems.

There are over 40,000 people under 65 with dementia in the UK.

More than 25,000 people from black, Asian and minority ethnic groups in the UK are affected.”

Source: https://www.alzheimers.org.uk/info/20027/news_and_media/541/facts_for_the_media

A person with dementia often experiences problems with loss of memory, cognition, confusion, depression affecting their normal daily lives.

These are people that may have difficulties in recalling events, which can often lead them in dangerous places or scenarios. Often concentration, planning or organising becomes an almost impossible task to do on their own. Feelings of disorientation and confusion often set in (even visual hallucinations or delusions); resulting in mood swings and in some cases violent behaviour.

Unfortunately, the condition of dementia is progressive and the symptoms will get worse over time. The symptoms may be distressing and challenging for the person and their relatives. In severe cases some affected by dementia or any other mental illness can be detained under section 2 or 3 of the Mental Health Act 1983.

There are many organisations that help people with these serious conditions, like Age UK, Alzheimer Society, SANE, Dementia Action Alliance etc… It is time we all supported these and many other organisation to raise the awareness of Mental Health illness in our society today.

We are working closely with many of those organisations that help people with dementia and other mental health issues. Our aim is to beat the stigma of such illnesses in order to reach out to so many suffering in silence.

Surprisingly solicitors can often play an important role helping those that have been “sectioned”, enabling individuals and families know of their “legal” rights and responsibilities, and help address the challenges that they would face in severe circumstance, especially in mental health wards or hospitals.

With these specially trained “Mental Health solicitors”, families can often get their voice heard quicker and avoid lengthy delays, or raise important concerns about the welfare of a loved one, often times assisting in challenging a CTO (Community Treatment Order).

Categories
Law

Prison Transfer to Hospital

Only 1 in every 10 prisoners are not affected by mental health problems. These issues can be wide ranging and can include Learning Difficulty, Bi polar disorder, Personality Disorder, schizophrenia or drug induced psychosis.

It would seem that with cuts to prison budgets and prison law legal aid that this situation has been worsened. Help is not always at hand, medication might be unavailable or late, psychology is often rare and limited and some prisons do not even have access to a psychiatrist. For those with a Learning Difficulty adapted or 1:1 course do not always exist or are provided.

For many people detained in prison this is not always the correct place and hospital would be a more suitable environment. A transfer from the prison to hospital can occur. This transfer is done under Section 47 of the Mental Health Act. Often restrictions will apply to prisoners in regards to this.

For this transfer to happen the Secretary of State must be satisfied following receipt of two medical reports from two psychiatrists, that a prisoner is suffering from a mental disorder which makes it appropriate for him or her to be detained in hospital for treatment. This treatment must be available to the prisoner when they get to hospital.

Often the prison does not have resources to start this process and many Prison Officers however experienced at assisting those with Mental Health Problems cannot always identify those who need this help.

Transfer to prison however is not the easy option, it may mean that for those serving determinate sentence that you could stay in hospital than you would in prison. You would however be given the opportunity to address mental health issues you have.

For those serving life and IPP sentences this may offer a different route to release and more support on a release plan. For those subject to Life or IPP sentence when you are well and ready for release you can make an application to the First Tier Tribunal to seek recommendations that you remain in hospital for a Parole Board to take place there. You do not need to go back to prison for this. The Parole Board procedure then will take place about six months after this decision in Hospital. The benefit being that those who have treated you will give evidence and have input into your release plan.

Real benefits then can be support from a community mental health team, more appropriate accommodation and extensive leave including overnight leave, giving opportunity for resettlement and obtaining work.

Other benefits can include access to course such as the SOTP or adapted courses for those with mental health problems and learning difficulties. This can allow sentence plans or work directed by the MOJ to be completed allowing progression.

Mental Health Solicitors can now assist prisoners with who are struggling with these issues and who would like to be advised on or transfer to hospital. Where the gaps were following the cuts in Prison Law, Mental Health Law now can assist.

Categories
Law

Looking to expand your business by hiring new employees?

It is important to make sure that you get the correct person for the job. It is however just as important to make sure that you do not open yourself up to unwanted legal claims such as allegations of unlawful discrimination.

Compensation for unlawful discrimination is unlimited. In 2011-12 an award of £4.4 million was awarded in a claim of race discrimination. Taking legal advice may avoid unwanted claims such as this.

 

Question 1 – What should I do before advertising?

 It is important to make sure all staff involved in the recruitment process have had equal opportunities training. This will make your staff aware of the rules and procedures regarding equal opportunities and it will help to avoid claims of discrimination.

It is also important to draft a job description and person specification.  Make sure that none of the requirements in either document discriminates against any groups of employees. If it does, you may face a discrimination claim.

Question 2 – Should I advertise for the position?

 Yes, you should decide whether the job should be advertised internally, externally or both.

Think carefully when you are writing the advert. Discrimination laws protect job applicants so it is important not to discriminate against a certain age group, race or sex etc.

Question 3 – Do I need an application form?

 You can request the applicant to simply send in a copy of their CV, request that the applicant completes an application form, or both.

If you use an application form, a standard application form should be used so that individual applicants’ answers can be compared against answers of others applicants.

Use the same criteria used in the job description and person specification to draw up a shortlist of applicants. Mark all applicants against the same criteria.

Question 4 – Can I ask pre-employment health questions?

 In most cases, no. It is generally forbidden to ask applicants questions about their health. If you do ask such questions you may face a claim of disability discrimination.

Question 5 – How should I conduct the interview?

Make sure that you consider when and where the interview should take place. It is important to check whether the interview venue has access for disabled candidates.

While conducting the interview, ask each candidate the same or similar questions to allow answers to be compared. You should avoid questions about a candidate’s personal life unless they are directly relevant to the requirements of the job. Asking a female applicant whether they are expecting to have children in the near future may give rise to a claim of sex discrimination.

Question 6 – How can I make the job offer?

 After you choose who the successful candidate is, make a written offer to them. It is best practice to consider whether a time limit for acceptance should be set. You should also specify that acceptance should be in writing.

It may be worth only making a conditional offer so that you can obtain references or check whether the employee is eligible to work in the UK.

Question 7 – Do I need to give the successful candidate a contract?

Yes, it is important to provide the successful candidate with a contract of employment.

It is worth considering whether the contract should be permanent or for a fixed term. Do not treat an employee on a fixed-term or part-time contract less favourably than a permanent employee.

If you do not have precedent contracts it is important to seek legal advice when drafting a contract of employment.

Question 8 – Can I set a probationary period?

Yes, a probationary period can be included in the contract. This enables you to assess the employee and vice versa. Probationary periods usually last three to six months and can be extended in some circumstances.

Seeking detailed legal advice may also be necessary and it may help to reduce the cost of defending expensive employment tribunal claims.