Yearly Archive December 14, 2015

Conveyancing Climbs in November

Conveyancing solicitors in Camden, along with those in other London boroughs, enjoyed an increase in instructions last month as nearly 71,000 mortgage approvals were recorded. The Bank of England has confirmed that the rate of mortgage lending growth is at its peak since 2008 and various sources suggest that this trend is continuing.

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Disqualified Drivers Driving

Nearly 1500 car drivers who had received a driving ban after being convicted of serious motoring offences were found still driving last year in London. The figure comprises 23% of the national total meaning that more people were caught in the capital than in any other part of the United Kingdom. Almost 500 were apprehended in Manchester which came in, in second place.

With a significant number of people being injured in hit-and-run accidents these figures are a cause for concern.

 

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Child Maintenance Review

A famous footballer has successfully appealed to the High Court’s Family Division over a ruling on his child maintenance payments handed down by a deputy district judge sitting in a County Court. He had been asked to pay about 33.3% of his annual income before tax equalling £60,000 for his two children i.e. £30,000 per child.

The High Court judge ruled that the County Court judge had made an incorrect calculation and should review the decision.

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House Prices Slow Growth leads to Conveyancing Boost

Conveyancing solicitors in London are reporting a gradual increase in new instructions due to the slowest pace in annual growth of house prices in two years. This should delay further any rise is interest rates currently being contemplated by the Bank of England.

There was less than a 0.5% rise in residential property prices this month with the annual growth rate just below 3.5% , the lowest since mid 2013. It would appear price growth is becoming proportionate to earnings.

However house building has faltered and needs to be stepped up dramatically if this market upturn is to be sustained over the long term.

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Residential Property Briefing

Suburban house prices are still increasing dramatically as buyers seek homes that match their budgets. This contrasts currently with prices in central London which have levelled off mainly due to the increase in stamp duty rates on houses that are sold for more than £1,000,000.

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Guide for Appointing a Divorce Solicitor in London

Looking for a family Lawyer

Looking for a family lawyer

Taking legal advice is never ever a simple matter. Most of the time it concerns something you would rather not have to deal with, divorce, death or wills so trying to find a suitable family solicitor in London can be difficult and challenging.

It will be necessary to discover one that deals particularly with the area of the law that you are concerned with and many family lawyers are capable of dealing with divorce in the UK. Many firms of solicitors are becoming increasingly specialised focussing on certain areas of law, whether industrial, conveyancing, employment, criminal, accident or family law. It is generally worth reviewing their areas of expertise.

Your case might be best handled by a lawyer who has handled comparable areas before so it is a great idea to ask any lawyers in family law that you talk with exactly what type of cases they tend to manage or at a minimum checking that they have experience with the concern facing you. A solicitor in London could be familiar with smaller, basic cases or specialise primarily in financial matters.

Be wary of where you find a lawyer. There are advertisements on the television, the internet, hoardings, regional press and leaflet drops however the first thing you need to do is attempt and get a personal recommendation from someone who has used a reputable firm relatively just recently. Having a reliable recommendation is always best in any area of life and in particular when you need professional advice.

While you will certainly wish to have a connection with your solicitor and feel that they somehow empathise with your case, remember they are not there as a friend however as a legal adviser. Going through a divorce is a psychological occasion and a friendly smiling face may just be what you are searching for however not necessarily in your solicitor. It is their legal acumen you desire from them.

As being familiar with your type of case you desire a reliable lawyer who is prepared to communicate with you and keep you up to date. You do not want to be chasing them trying to find answers. The ideal Solicitor at an inexpensive rate must have the ability to resolve your issues with little fuss, triggering the least amount of tension possible.

If you do not have a suggestion you will find a good solicitor from a referral service such as  The Solicitors Information Service (WhichSolicitor.info) who will certainly not only match your requirements with an excellent solicitor in your location of London but can also assure you of the quality of service you will receive.

An evaluation of the website of a possible solicitor can be more than helpful. A professional pays attention to information detail and ensures that their site is pleasing to check out, has valuable info including examples of cases of which they have had conduct.

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Summary
It will be important that you find a solicitor that deals specifically with the area of the law that you are worried with and most family lawyers are capable of dealing with divorce in the UK. There has been a preference of late for companies of solicitors to specialize in certain areas of law, whether office, conveyancing, employment, criminal, accident or family law. While you will certainly desire to have a connection with your solicitor and feel that they in some way empathise with your case, remember they are not there as a good friend however as a legal adviser. As well as being familiar with your type of case you want a reliable solicitor who is prepared to communicate with you and keep you up to date.

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Government cuts – Thousands of families shut out from justice.

Bench Council has warned that families throughout England and Wales have actually felt the full brunt of the Government’s civil legal help cuts, with a drop of 15,000 per quarter, comparable to 60,000 a year, in the number of individuals getting legal aid for family cases which litigate, and 40,000 per quarter, equivalent to 160,000 a year, in the number of individuals receiving suggestions on their household law issues.

The Ministry of Justice’s own statistics for legal aid for Q2 2014 expose that because cuts to civil legal aid came into result in April 2013 under the Government’s Legal Aid, Sentencing and Punishment of Offenders Act the variety of individuals getting legal representation on legal help plunged from 40,090 in January-March 2013 to 23,149 in April-June 2014, with the bulk of the cuts striking household law cases.

Nicholas Lavender QC, Chairman of the Bar, stated that The quarterly legal aid data are a welcome contribution to a more transparent approach to the workings of legal aid. They also demonstrate the complete effect of the cuts to civil legal help, which is having a profound effect on the lives of numerous vulnerable individuals across England & Wales. We alerted the Ministry of Justice that the cuts would mean that countless households would be denied access to justice and our prediction, sadly for those impacted, has become a reality.

The current quarterly figures reveal that households dealing with major concerns, such as disputes worrying children, are efficiently being shut out of the justice system. The human effects of cutting a huge part of family law out of legal aid are plainly being seen.
Previously, the Bar Council report LASPO: One Year On, discovered the impact the modifications were already having on access to justice. The official legal help statistics echo some of those workings with, states bench Council.
Source:- familylaw.co.uk

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PROBATE: Requires a Reputable Regulated Solicitor

A recent case has highlighted the need for a reputable solicitor to be instructed when preparing a will.

The client approached a well known high street bank and was charged £90 for its will writing service. This service is unregulated. The client passed away last year and left half of his property in his will to his daughter. However he jointly owned the property with his wife who was not his daughter’s mother. Due to this joint ownership the property passed in whole to his wife. For the will’s provisions and the client’s intentions to be met the joint tenancy would have had to have been severed by a notice of severance at the time of executing the will.

The daughter is now suing the bank for her share of the property’s value in the High Court.

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Children to be more plainly heard in decisions about their future

Children to be more plainly heard in decisions about their future

Youngsters will have a higher say in family court cases, Justice Minister Simon Hughes announced as he attended to the Household Justice Youth’s Board.

Children involved in any type of household case– whether to remove them into care or disputes about youngster plans following divorce or separation– will be able to have their views heard when choices are made that will influence them.

Speaking to the group of the 24 youths who promote the voices of kids and young people in the family justice system, Simon Hughes set out changes to make it much easier for children and youths to communicate their views in court proceedings.

These options include meetings, letters or pictures or by way of a 3rd individual in addition to their Children and Families Court Advisory and Support Service (Cafcass) officer or social worker.

Simon Hughes also announced the government’s support for out of court disagreement resolution services, such as household mediation, to be more youngster inclusive.

Justice Minister Simon Hughes said:

“For too long, youngsters and young people have actually struggled to have their voices heard throughout the family court procedure. Although they are commonly at the centre of procedures, the views of children and how they feel are frequently not heard, with other people making vital choices for them.

“I have actually been truly amazed with Family Justice Youth’s Board (FJYPB) and the arguments which its members advance. This is why I have actually taken steps to see to it that youngsters and young people from 10 will certainly have the ability to reveal their views in cases which affect them.

“Young people are a few of the most vulnerable in society, and it is essential that we make certain they are at the heart of the family justice system.”.

Last year there were 90,000 kids involved in brand-new cases in the family courts. The government believes that the voices of kids and young people ought to be heard when choices are made that affect them. Under new proposals this will certainly alter, and in particular all youths aged 10 and above will have a greater chance to have their voice heard.

Nineteen-year-old Bethany SChildren to be more plainly heard in decisions about their future

Youngsters will have a higher say in family court cases, Justice Minister Simon Hughes announced as he attended to the Household Justice Youth’s Board.

Children involved in any type of household case– whether to remove them into care or disputes about youngster plans following divorce or separation– will be able to have their views heard when choices are made that will influence them.

Speaking to the group of the 24 youths who promote the voices of kids and young people in the family justice system, Simon Hughes set out changes to make it much easier for children and youths to communicate their views in court proceedings.

These options include meetings, letters or pictures or by way of a 3rd individual in addition to their Children and Families Court Advisory and Support Service (Cafcass) officer or social worker.

Simon Hughes also announced the government’s support for out of court disagreement resolution services, such as household mediation, to be more youngster inclusive.

Justice Minister Simon Hughes said:

“For too long, youngsters and young people have actually struggled to have their voices heard throughout the family court procedure. Although they are commonly at the centre of procedures, the views of children and how they feel are frequently not heard, with other people making vital choices for them.

“I have actually been truly amazed with Family Justice Youth’s Board (FJYPB) and the arguments which its members advance. This is why I have actually taken steps to see to it that youngsters and young people from 10 will certainly have the ability to reveal their views in cases which affect them.

“Young people are a few of the most vulnerable in society, and it is essential that we make certain they are at the heart of the family justice system.”.

Last year there were 90,000 kids involved in brand-new cases in the family courts. The government believes that the voices of kids and young people ought to be heard when choices are made that affect them. Under new proposals this will certainly alter, and in particular all youths aged 10 and above will have a greater chance to have their voice heard.

Nineteen-year-old Bethany Shepherd, a member of the FJYPB has been through the family justice system and said:.

“In my case, I needed to wait 4 years prior to my voice was heard and I was considered to be too young to know my own mind or listened to individually and simply just lumped together with my more youthful sis.

“This is far too long and indicated that I invested much of my childhood fighting simply to have my voice heard. The work being done currently on the voice of the kid is truly motivating to see and is definitely a step in the best instructions for family justice.”.

A wide range of initiatives will certainly help make interaction simpler, including centers for youngsters and young people to interact with a judge by way of letters or pictures. Also Cafcass are working on various resources such as a ‘Court Video gaming App’ (which will help discuss the court system to a young person) as well as welcome packs and paper-based guides.

The strategies announced today are anticipated to match reforms to guidance on judges seeing kids which are being considered by a judge-led working group set up by the President of the Household Division, Sir James Munby.hepherd, a member of the FJYPB has been through the family justice system and said:.

“In my case, I needed to wait 4 years prior to my voice was heard and I was considered to be too young to know my own mind or listened to individually and simply just lumped together with my more youthful sis.

“This is far too long and indicated that I invested much of my childhood fighting simply to have my voice heard. The work being done currently on the voice of the kid is truly motivating to see and is definitely a step in the best instructions for family justice.”.

A wide range of initiatives will certainly help make interaction simpler, including centers for youngsters and young people to interact with a judge by way of letters or pictures. Also Cafcass are working on various resources such as a ‘Court Video gaming App’ (which will help discuss the court system to a young person) as well as welcome packs and paper-based guides.

The strategies announced today are anticipated to match reforms to guidance on judges seeing kids which are being considered by a judge-led working group set up by the President of the Household Division, Sir James Munby.

Read more – http://www.familylawweek.co.uk/

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Notification duration for marital relationships and civil collaborations extended

New plans planned to prevent sham marital relationships

This, together with closer joint working with registrars, has resulted in over 2,000 reports of believed sham cases between July and December 2014– up by over 80 % compared to the exact same period the year prior to (1,099).

Where a sham is believed, couples may undergo an extended notification period of 70 days, to allow investigators additional time to consider whether the proposed marriage is a sham.

The new arrangements– part of the government’s Immigration Act, which ended up being law in 2013– represent the greatest shake-up of marital relationship and civil collaboration preliminaries in recent times. The changes will give the Home Office more time to examine whether couples are trying to flout the migration system.

The latest steps to prevent sham marriages indicate that the notification period for marriage and civil collaboration has been extended from 15 days to 28 days.

The brand-new powers improve previous modifications under the Immigration Act introduced in July in 2014 which widened the duty on registrars to report thought sham marriages to the Home Office.

Migration and Security Minister James Brokenshire stated:

Non-EU nationals who try to take part or organise in a sham marriage face being right away detained until their enforced elimination. Any outstanding leave to stay can be curtailed.

The government has actually likewise presented brand-new elimination and re-entry ban powers for EU nationals who try to abuse free movement rights by participating in sham marital relationships for cash.

In between April and December 2014, the Home Office carried out over 2,000 sham marital relationship operations leading to over 1,200 arrests and more than 430 illegal immigrants have been removed from the UK as a result.

“Marriage can no longer be seen as a ‘fast track option’ for those seeking to abuse marriage to cheat their method into the UK.”.

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