Firm News

What is an EPC and do I need one? An Energy Performance Certificate (EPC) provides information on the efficiency of a property. It also lists recommendations and suggestions on how to improve the efficiency of a property and to make it as efficient as...

MST stands for Multisystemic Therapy. Multisystemic Therapy is an intensive family and community based intervention for children and young people aged 11-17. MST work with the families of young people who are at risk of being placed into care or custody. ...

Many parents who are involved in Care Proceedings before the Family Court may feel immense pressure in trying to abstain from drugs or alcohol and proving this within the restrictive time limit of the 26 week timetable of the proceedings. Parents may feel...

When Sally Challen was convicted of murdering her husband in 2011, the courts did not recognise ‘coercive control’ and the impact it could have an individual’s mental health and state of mind. Four years later when physiological...

Research the Area  Before you decide on a property, research the area. One of the best ways to get a feel for the area is to spend some time there. Although you will likely visit when viewing the property, schedule in some time to explore the area....

You may be able to apply for a Child Arrangements Order . These are Court Orders that confirm whom a child is to live with and/or spend time with (often referred to as “contact”). Who can apply for a child arrangements order? A parent,...

What were my options? When choosing my options to further my career, I knew going to University was not the right path for me. I wanted to look at all of my options to see what other routes were available to me. Law and society has always appealed to me,...

It has recently been announced that drug detection scanner technology will be used to detect drugs at ten of the most challenging prisons. These scanners will be able to detect drugs on paper, clothes and mail. Furthermore, it will be able to detect...

Raising Awareness – 25 th February to 1 st March – Eating Disorder Awareness and You Can Care Week Emery Johnson Astills are keen to promote and support many issues and raise awareness of issues within the public eye. This week is Eating...

The Children and Families Act 2014, s14, introduced the 26-week ‘time limit’ on how long care proceedings should take to conclude. Before this, cases would take over a year to conclude and this had caused stress for both the parents and their...

Voyeurism (Offences) Act 2019 – What’s New! On 12 th February 2019 The Voyeurism (Offences) (No 2) received Royal Assent. Meaning the Act has now created new criminal offences. This new law deals with 'upskirting', which is: ...

The process of disclosure of confidential material is governed by rules and protocols and sometimes the approval of the Court is required. The main objective is to set up an exchange of information and for full co-operation between the authorities involved...

Why have I been asked to provide proof of identification? As solicitors, we must comply with the government’s requirements for proof of identity and money laundering. We require proof of identification and proof of address under Money Laundering...

Female Genital Mutilation (FGM) is a procedure where the female genitals are deliberately cut, injured or changed, but where there’s no medical reason for this to be done. FGM is often performed by traditional circumcisers or ‘cutters’ who...

In 2015 new laws were passed criminalising controlling and coercive behaviour , but back in 2015 when Sally Challen was convicted for her husband’s murder the law did not recognise the impact that such behaviour had on an individual’s actions. ...

There is an increasing problem that has started to manifest itself in prisons in England and Wales: prisoners are said to be “refusing” to attend Court.  Whether it is visits at the prison, video links with legal representatives or the...

During care proceedings, the question of whether a child should give evidence or not has been an ongoing issue. Following the leading case of Re W , the Court’s main objective is to achieve a fair trial. With this objective the Court must weigh up two...

It is not uncommon in care proceedings to be in a situation where all of the evidence on the parents is now available and the professionals have taken a view on it, this may not necessarily be a view that is shared by the parents. The case is not ready for a...

We would like to thank the Bodie Hodges Foundation for organising the Dodgeball Social Event last Thursday at the Enderby Leisure Centre. It was a thoroughly enjoyable evening and lots of fun! Corporate Partners of the charity had a chance to compete against...

As family lawyers this is one of the questions we are most frequently asked – and the simple answer is “no”. Going through a separation can be an emotional and stressful time and even more so when you are still living under the same...

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 £250,000.00 (or more than £40,000.00 for second homes). This tax applies to  freehold and...

If you’ve just made the decision to end your marriage , there’s no doubt it was probably one of the biggest and most difficult decisions you have ever made. But now you have another important decision to make…how to actually get the...

There is a specific offence of dangerous driving , which carries a maximum prison sentence of 2 years. If that driving is a cause of someone's death, the maximum sentence rises to one of 14 years. In each case there are minimum disqualification...

When an individual dies, there will often be assets that need to be dealt with, for example, a property, shareholding or bank account. Some assets can be dealt with without a Grant of Representation but others, particularly valuable assets, require a Grant...

The Government is proposing new laws regarding domestic abuse , which will, for the first time, create a legal definition of domestic abuse, including economic abuse and controlling, manipulative non-physical abuse. The Home Office estimates that the cost...

Taking drugs can impair your driving skills, causing dizziness, drowsiness, slower reaction times and an inability to concentrate. Not everyone realises it is illegal to operate a motor vehicle whilst being unfit through the consumption of drugs. ...

A Children’s Rights Officer (CRO) is a professional who supports children or young people who currently have Local Authority involvement or are classed as looked after by the Local Authority for example they are in foster care. However, a CRO...

Child Arrangements Orders are Court Orders that confirm whom a child is to live with and/or spend time with (often referred to as “contact or access ”). In short, they set out  the arrangements for children where agreement cannot be reached...

You do not have to go to Court and there are other options which we can discuss with you. One option is the collaborative approach. Under the collaborative law process, each of you will appoint your own collaboratively trained lawyer. At Johnson...

It is becoming increasingly more common for parties to self-litigate rather than use a solicitor to assist and advise them through family law matters. There is currently a former police chief inspector who is setting up a website in an attempt to convince...

It is common for a parent with whom a child is not residing to feel frustrated that the primary carer of the child is not facilitating contact arrangements as per a Court Order. Do you feel that no matter how much you are flexible with the child...

Senna & Aldenberg  & Anor [2018] FCCA 2711 In October 2014 in Australia, an Order was made by agreement which provided for the children to live with the mother and spend time with the father. Shortly after the Order was made, the...

As of 6 th December 2018, firms regulated under the SRA are required to publish the prices they charge and what the price includes and excludes, for Conveyancing, Probate, Motoring offences, immigration advice and the cost of bringing claims before an...

Also referred to as a ‘living together’ agreement, a cohabitation agreement is a legal document entered into between couples who have chosen to live together, which clearly sets out how finances are to be handled and what should happen in the...

The Local Authority have a duty to protect children and the case of CN and GN v Poole Borough Council [2017] EWCA Civ 2185 reminds us of the importance of this. Our Care Team at Johnson Astills have the expertise to assist in a wide range of Child...

There are two main offences that are prosecuted in relation to state benefits: The dishonest offence It is an offence to dishonestly make a representation in order to obtain benefit, and this includes a dishonest failure to promptly notify a change in...

The Judge orders a ‘Fact Find’ hearing within care proceedings (when the Local Authority is the Applicant) if it believes that the facts of issue in the case cannot resolved at the final hearing. Fact Find hearings in care proceedings are...

On a divorce or dissolution, married couples/civil partners have a right to a fair share of any assets that they or their spouse owns. The Court will have discretion to consider the circumstances and history of the relationship to make an order. The Court...

WHEN CAN THE COURT MAKE SCPO? A Serious Crime Prevention Order is a civil order which the Crown Court can make if you are convicted of a ‘serious offence’. A ‘serious offence is one of the offences listed in Schedule 1, Part 1 of the...

Santander UK plc v Fletcher & Anor [2018] EWHC 2778 (Ch) Background Mrs Fletcher (the appellant) has lost her home after becoming a victim to fraud by her own Son, Mr Fletcher. Mr Fletcher was convicted of fraud after Mrs Fletcher’s home was...

According to Women’s Aid, an average of two women are killed by their partner or ex-partner every week in England and Wales. The Domestic Violence Disclosure Scheme, known as Clare’s Law, was introduced on the 8th March 2014 on International...

It is a well-known fact that domestic abuse hurts children, whether they are physically caught up in the middle of it, or a witness, it causes emotional abuse. Latest government statistics show that half of the children assessed as needing social services...

During Care proceedings if the Court decides that a child cannot be cared for by either of their parents then usually the Court will seek to keep the child within their family by placing them with a family member.  A family placement would be approved...

Last Thursday, on what was a cold, grim, winters evening, Emery Johnson Astills hosted a pre Christmas networking event ‘Fizz, Food & Friendly Faces’ at the Parcel Yard in Leicester. The weather did not deter and over 100 professionals and...

DRIVING DISQUALIFICATION? JOHNSON ASTILLS CAN HELP YOU GET YOUR LICENCE BACK If your circumstances have changed since being disqualified, it is worth discussing with one of our criminal law specialists whether or not it is possible to apply to a court...

In recent years there has been an increase in the use of smart phones and technology that allows recordings to be made on devices that can be easily concealed. When representing parties in family proceedings we are often asked ‘can secret recordings I...

At Johnson Astills one of the most frequently asked questions we receive is regarding the totting up procedure. We are aware that the risk of losing your licence can have a profound impact on your life. You may use your vehicle daily, driving to work,...

On 31 st October the first anti-fracking protesters to be sentenced to imprisonment had their manifestly excessive custodial sentences quashed by the Court of Appeal and replaced with conditional discharges. Following a 4 week trial at Preston Crown Court...

Research completed by Lancaster University has shown that one in four mothers who have a child removed through the Family Court is likely to be subject to Care Proceedings again with regards to future children. The time gap between these sets of...

Japanese knotweed can be found almost all over the country. The uncontrolled and invasive nature quickly allowed it to become a pest in the UK. In the winter the plant dies back to ground level but by early summer the bamboo-like stems emerge deep...