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If you are summonsed to court as a witness, it is essential to understand what this means and the implications of failing to comply. A witness summons can be issued in cases where your evidence is considered vital to the proceedings, and failure to attend...
If you have been caught sitting behind the wheel drunk or even near your car after drinking, you might wonder if you are committing an offence. UK law allows the police to charge you with being drunk in charge of a motor vehicle, even if you were not...
Yes! Whether you are under arrest or asked to attend the police station voluntarily, being interviewed by police under caution can be an intimidating experience, a legal representative can safeguard your interests, ensure your rights are protected, and...
On Monday 11 th November, ITV released a documentary entitled “Her Majesty The Queen: Behind Closed Doors” which told the story of several domestic abuse survivors and detailed the Queen’s work to raise awareness about the prevalence of...
What is an Executor? An Executor is someone who is legally responsible for carrying out the instructions in your Will and handling your estate. Your estate is everything you own upon your death – this includes money, investments, property and...
What is the Autumn Budget? The Autumn Budget is an update from the UK Government about the state of the economy. It was launched on 1 st November 2024. According to the UK Government, the aim of the budget is to fix the foundations of the economy and...
Often drug and alcohol tests are ordered during the care proceedings process. Parents are required to provide a section of their hair which is tested to consider if they have been misusing substances. It has recently been reported that these results may be...
New legislation came 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...
If the Local Authority is completing a risk assessment, they are doing so to determine if there is a likelihood of a significant risk of harm to a child. This could be due to concerns regarding domestic abuse and violence between parents, significant...
Whilst Christmas might still feel far away, now is the ideal time to give some thought as to how you might manage arrangements with your ex-partner in relation to where and when your child(ren) will be at Christmas. It can be stressful for separated parents...
A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can arise from the Court deciding...
How did you support The Royal British Legion’s Poppy Appeal last year? Did you buy a poppy? Johnson Astills are supporting The Poppy Appeal again this year by adding a ‘poppy’ to our logo on our website. The economy is still so...
I don’t own a home or have any savings, why should I make a Will? Whilst you may not own your own home or have significant savings or investments to leave to your loved ones in your Will you can still make provision for your minor Children when...
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 mental capacity to make these decisions. It only applies to refusing specific treatment, rather than demanding...
Amid the current whirlwind of controversial allegations that surround Sean Combs, the backdrop to his behaviour has a prolonged history of allegations of domestic violence and abuse dating back to the 90’s. In November 2023, Cassandra Ventura...
The law in England & Wales is clear in stating, if you are living with your partner and you are unmarried upon separation, you will not have the same legal rights available to a married couple upon divorce. This is the case no matter how long you have...
The process to split your finances from those of your spouse can be a long, difficult and emotionally draining process. For those who have been subjected to domestic abuse of any kind, the process can be much worse as they will have to try and negotiate an...
When writing a Will, the term ‘my child’ or ‘my children’ does not automatically include step-children, it only includes biological children and formally adopted children of the person making the Will. If you wish to include...
Psychological and psychiatric assessments are commonly ordered by the Court in Care Proceedings and are frequently requested by the Local Authority during pre-proceedings. However, these assessments are not the same and there are key differences that...
Where there is no evidence that a vehicle has been driven by a defendant whilst over the prescribed limit, a charge of drunk in charge of a vehicle may be brought. In order to be guilty of this offence, under S5 of the Road Traffic Act 1988, the prosecution...
On 20 th September 2024, the Home Office announced new measures aimed at improving their response to domestic violence within the Police. These measures form part of Raneem’s Law, a legislation announced in response to the failures leading up to the...
I am being asked to provide friends / family members to put forward for an Initial Viability Assessment, what does this mean If you are contacted by Social Services and told they are initiating Pre-Proceedings or Care Proceedings, they may ask for you to...
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 ‘ it’s time to prioritise mental health in the workplace .’ This...
Avoiding penalty points on your driving record can be tempting, but providing incorrect driver details is not only illegal but falls under the serious criminal offence of perverting the course of justice (PCJ) . While dodging a minor traffic penalty may...
Johnson Astills are pleased to announce that we are taking part in Free Wills Month during October 2024. Free Wills Month brings together a group of well-respected charities to offer members of the public the opportunity to make simple Wills...
Johnson Astills understand that property transactions, such as buying or selling a house can be stressful and expensive. Conveyancing fees are the legal and administrative costs associated with transferring property ownership and will depend on the...
October typically welcomes the ‘spooky’ season and winter months, however it is also Domestic Abuse Awareness Month. This is recognised annually to raise awareness about domestic violence and abuse and more importantly, how to recognise it, how...
If you are an unmarried couple who is cohabiting and upon separation you have a dispute regarding a property or land that is jointly owned or have a financial interest in, your principal remedy is to apply for relief under section 14 of the Trusts of Land...
What is driving without due care and attention? The offence of driving without due care and attention (careless driving) is committed when your driving falls below the minimum standard expected of a competent and careful driver or driving that does...
Threshold is an important document in Care Proceedings which sets out a list of concerns and is different for each case. This document is designed to prove to the Court that a child is suffering or is at risk of suffering significant harm. The Court will...
What is a Business Lasting Power of Attorney (LPA)? A Business LPA is a legal document that allows you to authorise a chosen individual (an Attorney) to make decisions concerning your business interests if you are unavailable or if you no longer have...
In recent years, the Family Court has placed further emphasis on the consideration of post-adoption contact. This is where children who have been removed from their parents’ care and have been adopted by a new family will still have some form of...
What is Conveyancing? Conveyancing is the legal process that must be undertaken to transfer the ownership of a property. Should I instruct a conveyancing firm or a solicitor’s firm? Both Conveyancers and Conveyancing Solicitors specialise in the...
The legal troubles between influencer Lauryn Goodman and professional footballer Kyle Walker have been much reported in the media. This dispute involved an area of family law that we deal with at Johnson Astills commonly referred to as a Schedule 1 matter....
In divorce under English Law, the Court begins with a 50:50 starting point when considering a financial settlement. The court then decides whether there should be a departure from equality. Contribution is one of the factors which the court takes...
Where do I stand with parental responsibility? When entering the care proceedings process father ’ s that are not registered on their child ’ s birth certificate or have not acquired parental responsibility via other means for example a...
When a Court removes a child from their parents’ care and places a child into Local Authority Foster Care, very often parents are worried about how they will see and spend time with their child. At Johnson Astills , we can assist you with getting...
Mental Capacity is the ability to make and communicate a particular decision. You must understand the decision you need to make, why you need to make it and the likely outcome of the decision. At any time you may be able to make decisions about some things...
The financial remedy process that accompanies divorce proceedings can be very expensive, especially as each party will often have their own legal costs to pay. These fees can prove difficult to meet for those who earn significantly less than their partners,...
When purchasing a property, it is important to budget for ground rent and service charge. This generally applies to Leasehold Property purchase and some freehold properties with management companies. Ground Rent Ground rent is generally paid to the...
For years, many calls have been made for the English Government to reform the law regarding smacking and hitting children. In England and Northen Ireland, any use of physical chastisement is illegal unless it amounts to a reasonable punishment. However, in...
For opposite-sex parents, the question of who has parental responsibility for any child may be easily answered. However, the same cannot be said for LGBTQ+ parents, who may face certain obstacles in obtaining parental responsibility. With June being Pride...
Property Information Forms (TA6) form part of the draft contract pack that is sent to the buyer's solicitors on the sale of the property. The seller is required to complete the form and all replies given must be accurate. ...
On the 29 th April 2024, the Family Procedure Rules were updated and a new term introduced – “Non-Court Dispute Resolution”, or NCDR. The update puts great importance on MIAMs and NCDR, but what does this mean for you, should you be...
It is well known that it is against the law to be in possession of a bladed article in public. However, it is a common misconception that you can own an offensive weapon, as long as you keep it indoors. This offence was introduced by section 46 of the...
A safety plan is a document which is personalised for each family. The main goal of a safety plan is to safeguard children from any current or future risk of harm. Usually, Social Services will state what you can or cannot do to ensure your children’s...
What is a Certificate Provider? A Certificate Provider is a person the Donor chooses to complete the Certificate in a Lasting Power of Attorney (LPA) form. You can read more about the different types of Lasting Power of Attorneys (Property & Financial...
In the last 12 months, it is estimated that more than 800,000 children in England and Wales have lived or continue to live in an abusive home. [1] Domestic abuse and violence remains a major concern for many families and can cause social services becoming...
The role of an independent advocate is to support and assist a person to communicate their views, wishes and feelings. This may be encouraging them to voice their opinions or assisting their involvement in the court process. An independent advocate is...
What is the offence of Intentional Strangulation? An offence of intentional strangulation is defined as when: A intentionally strangles another person (“B”), or A does any other act to B that – affects B’s ability to...
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