Legal Services Blog
Time for Change when prosecuting sexual offences - 8 July 2019
The human rights organization Justice, has published a significant report that examines the prosecution of sexual offences, and in some areas calls for radical changes to be made.
Continue reading...Tags: Crime, Criminal Law
Magistrates Court Trial Procedure - 7 June 2019
In almost all criminal cases in this country, the prosecution must prove the case against you. The prosecution must prove its case to a very high standard. Before you can be found guilty of a criminal offence, the prosecution must prove beyond reasonable doubt that you are guilty. Only if the court is sure of your guilt can they find you guilty. If there is any reasonable doubt, then you must be found not guilty.
... Continue reading...Tags: Crime, Criminal Law
Hung Jury - 1 May 2019
Released Under Investigation - 14 March 2019
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. The police now regularly release individuals suspected of committing a criminal offence under investigation, which does not mean they are on police bail.
Continue reading...Tags: Crime, Criminal Law
Homelessness - Challenging Decisions - 13 June 2018
Despite the fact that some Local Authority decisions can be challenging to comprehend at the best of times, following the commencement of the Homelessness Reduction Act 2017 bringing a challenge against a homeless decision is mostly unchanged. There are some new duties as we have discussed previously but breach of these new duties can still be challenged under section 202 of the Housing Act 1996, in the same way as before.
Continue reading...Dreamvar Case - The Case of an Innocent Buyer and the Fraudulent Seller - 11 June 2018
In a society where fraud is becoming more prevalent, we are warned that vigilance needs to be tighter than ever. As conveyancers, we adhere to strict compliance, regulatory and due diligence rules including ID, residence and bankruptcy checks and meeting our clients face to face to verify their identity but even this is not a safeguard to fraud.
Continue reading...Tags: Dreamvar, Conveyancing, Fraud
Homelessness - Suitability of Accommodation - 8 June 2018
Local Authorities are under an obligation, pursuant to s.206 of the Housing Act 1996 to ensure that accommodation offered under homelessness duty is suitable.
There is no definition of suitability. However, under s.210(1) Housing Act 1996, the consideration of suitability must focus on whether or not the accommodation is suitable for the particular person whom the local authority are looking to assist and the family members expected to live with that person. In R v... Continue reading...
Privacy Policy, Terms of Use and Cookies - 25 May 2018
We’ve updated our policies to reflect the recent General Data Protection Requirements. Updated policies can be found here;
Continue reading...Immigration Appeal on Human Rights Grounds - 18 May 2018
The Home Office is known to be very harsh and strict when it comes to judging who is a genuine applicant that satisfies the Immigration Rules and who should be granted a visa. More often than not, an application to the Home Office will have elements of Human Rights claim which the Home Office must take into consideration. If the Home Office refuses an application without due consideration of your Human Rights claim, you will... Continue reading...
Tags: Immigration, Human Rights
Victim and Witness Statements in Criminal Proceedings - What happens where the victim or witness wants to withdraw the statement? - 16 May 2018
Although victims and witnesses play an important role in the prosecution of a criminal case, many do not understand the processes. This also goes for those who find themselves charged with an offence (defendants) and have to appear in court.
Continue reading...Tags: Criminal Law
The Future of Social Care - 16 May 2018
Social care has been in the news recently and we suspect it will continue to dominate headlines, at least, for the foreseeable future.
Continue reading...Tags: Community Care
Limited Compensation for Road Traffic Accidents! - 16 April 2018
The planned reforms set to come in by April 2019 will introduce a tariff system for damages in relation to soft tissue injuries, and will increase the small claims limit for road traffic accident related claims from £1,000.00 to £5,000.00. The question that is raised is whether the reform is a positive change that is needed for road traffic accident claims or whether the reform will do more harm than good, to people who suffer... Continue reading...
Homelessness Reduction Act 2017 - 9 April 2018
The Homelessness Reduction Act (HRA) 2017 came in to effect last week on 3rd April 2018 with the force of a galactic scaled Easter egg filled with the Government’s hopes of solving the housing crisis. Bob Blackman MP for Harrow East, who introduced the bill, envisaged it would be “a comprehensive change to the law which will shift the emphasis firmly towards preventing homelessness from ever occurring in the first place” (https://bit.ly/2qfjtRt), no big... Continue reading...
Tags: Housing, Homelessness, Homelessness Reduction Act 2017
Buying your first home? - 5 April 2018
Being a first-time buyer can be a daunting experience as there are many steps involved in putting your name on your own property for the first time, from searching for your dream home to arranging your mortgage and finally instructing the conveyancers to complete your transaction for you.
Continue reading...Tags: Conveyancing
Immigration Checks for tenants from 1st February 2016 - 18 April 2017
While the UK debates whether to stay in the EU or not Immigration checks have sneaked in at the beginning of this month for Private Landlords with a fine of £3,000 per unlawful occupier; straining the pockets of small Landlords and Agents if they are uninformed.
Continue reading...Tags: Immigration checks
From movie villains to mental health realities - 18 April 2017
One could argue that it is easier for someone to admit to having a serious and potentially life threatening tumour than to be suffering from a mental health illness, let’s say for example: schizophrenia.
Is it because of the movies we have seen when the villain is described as a schizophrenic, possessed stalker, with sadistic behavioural patterns?
Well, it certainly adds to an unfriendly picture with such conditions as “torturous maniacs stopping at nothing to...
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Tags:
Mental Health
Child Relocation – it doesn’t need to get Ugly - 10 April 2017
By their very nature relocation cases are often the most difficult to deal with as they are highly emotive and inevitably they will lead to one parent having less or no contact with their child.
Continue reading...New Bail Reforms - 6 April 2017
The new bail reforms came into force on Monday 3rd April 2017 and changed the way police are able to deal with suspects under criminal investigation. The Policing and Crime Act 2017 amends the Police and Criminal Evidence Act 1984 and now makes it more stringent for police to keep a person ‘on bail’ whilst there is insufficient evidence to charge them with a criminal offence.
Continue reading...Tags: Crime
Support for carers – when caring for a loved one - 3 March 2017
It is reported that, 1 in 5 carers are forced to give up work altogether due to the significant demand of their caring role. It is also reported that informal carers tend to become lifelong carers for their disabled partner or adult children. The main carer’s benefit, Carer’s Allowance, is £62.10 for those “who regularly spend at least 35 hours a week caring for someone with substantial caring needs”. This equates to a mere £1.77... Continue reading...
Did you know that you may be able to recover legal costs if you have paid privately? - 3 March 2017
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.
Continue reading...To make a WILL or not to that is the question? - 3 March 2017
“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.
Continue reading...Tags: Wills, Assets and legacies
Children matter, but sadly procedures matter more? - 2 March 2017
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... Continue reading...
Tags: Family, Children matter, Court procedure, Domestic Violence
Dementia on the rise, but help is at hand! - 24 February 2017
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.
Continue reading...Tags: Dementia, Mental Health
Prison Transfer to Hospital - 19 December 2014
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... Continue reading...
Tags: Prison Law, Mental Health
Looking to expand your business by hiring new employees? - 28 February 2014
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...
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Tags:
Recruitment,
Employment
What is a Settlement Agreement? - 21 February 2014
Running a business is tough as it is, whether your an expanding enterprise or one that is re-structuring, making the right decision, more specifically following the right processes can mean the difference between "make or break". One really important area that is so often misunderstood is "Settlement Agreement".
- The agreement must be in writing;
Tags: Agreement, Comprimise, Contract, Employment, Settlement Agreement
How do I make redundancies? - 10 February 2014
Due to the current economic climate, it may be necessary to look into downsizing or restructuring your company. It is important to look into the needs of the company while balancing the needs of employees. Making one or more employees redundant may be necessary.
Redundancies can be a lengthy and difficult task and it is important that you follow correct procedures. Nobody wants the cost of defending a claim of unfair dismissal when compensation... Continue reading...
Tags: Appeals, Employment, Redundancy
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