Michael Morrison, Author at London Conveyancing Employment Family and Divorce Which Solicitors Solicitor...?

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

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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Neighbour Disputes & Sir Paul McCartney

Neighbour disputes whether concerning party walls or boundaries can incur disproportionate legal costs if advice is not sought timely from a specialist practitioner in the field.

A recent battle occurred in St John’s Wood between two neighbours of Sir Paul McCartney in Cavendish Avenue. Clive Lewis a chartered surveyor lives at 3, Brenda Fenton lives at 5 whilst Sir Paul lives at 7.

Last month a judgment in Mrs Fenton’s favour handed down at Central London County Court ordered Mr Lewis to pay her £250,000 in costs and to make alterations to his house over a gutter leak that if fixed timeously would have cost him £7000. If you add Mr Lewis’s own legal costs (barrister and solicitor) he is now facing a bill of around £500,000.

Mrs Fenton was represented by a member of the barristers’ chambers that have the strongest reputation for property issues.

We at the Solicitors Information Service can recommend solicitors in London with proven expertise in the speedy resolution of such matters.

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Commercial Property Rents Up 7%

Commercial conveyancing solicitors in London are reporting strong rental growth rates and no significant evidence of any downturn.

Areas such as Covent Garden and the streets to the north of Oxford Street near Selfridges are booming. Developers who have invested heavily in these locations also set their sights on for example Earls Court for its redevelopment potential and London’s Tech City near Shoreditch.

The rising rents of properties in these locations have seen more than a quarter increase in their freehold values.

Solicitors in London who have clients in Mayfair with commercial property portfolios have noted a slowdown in sales, however, as their clients enjoy the security of the yields from their investments made over the past ten years.

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Ex-Wife’s Maintenance Payments Cut

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Recent Cases & News Round-Up

Crime

Hate crime has gone up by more than 20% London in the past year. The rise is due to world events but also due to the fact more people are prepared to make these complaints today. About 32,000 more crimes of a violent nature have been committed.

In July where a record number of faith hate offences were made 95% were anti-semitic in the aftermath of Gaza being invaded by Israel.

These revelations come on top of these further London crime statistics:-

Religion, racism and homophobia attacks are up dramatically Faith related offences up 23% to 1048 Violent hate crime up 21% to 1140 Homophobic crime rose 21.5% = 100 cases a month with 175 reported in June alone Transgender hate crime up 86.2%, 58 to 108 cases Disability hate crime up 12.5% and racist and religious up almost 20%. Crime in Haringey up 38%, Barnet 31%, Kensington & Chelsea 31%, Redbridge 29%, Hillingdon and Bromley about 28%, Kingston 7.5% and Ealing 10%

However only 43% of criminal incidents are thought to be reported.

The police said that since October they have attended nearly 5300 premises visits, 400 alcohol test purchases, seized 400 weapons in 5000 sweeps, 3000 out of 160000 stop and searches had positive results e.g. weapon retrieval.

A 25% rise in domestic violence charges is likely to be made to April this year. There have been nearly 10,000 prosecutions from April to December this year which is up by more than 1000. The good news is that more than 65% have resulted in successful convictions with nearly 6500 either admitting/being found guilty over the last two quarters.

The UK taken as a whole paints a similar picture with just over 89,000 prosecutions expected by the first week of April, almost 20,000 more than the nearly 71,000 last year. A rise is rape proceedings is similarly reported.

Sexual violence has been described as being the worst in London for more than 30 years by the Metropolitan Police’s leading Commander.

Drinking whilst pregnant is not an offence

Three judges sitting in the Court of Appeal have recently ruled that if a woman drinks heavily during pregnancy and causes severe mental and/or physical deformity to her unborn child no criminal offence has been committed upholding an earlier ruling by the Criminal Injuries Compensation Authority.

Delayed birth delivery – £7,000,000 awarded by the High Court

A 6 year old boy suffering from quadriplegic cerebral palsy due to the lack of oxygen to his brain has won the above captioned award.

As he was in the breech position he was required to be delivered by Caesarean. However due to delays at the south east London hospital when his mother was actually attended to it was too late for it to be performed and a normal delivery ensued.

He will require the use of a wheelchair and is not expected to live beyond the age of 26.

Solicitors in London hope that proper training will be given to all maternity staff especially to sub-contracted midwives.

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Debbie Purdy: Right-to-die campaigner dies

Right-to-die advocate Debbie Purdy, who succeeded with a landmark judgment to clarify the law on assisted suicide, has passed away. The 51-year-old from Bradford had dealt with main progressive numerous sclerosis (MS) for nearly 20 years.

Ms Purdy had spent a year in the city’s Marie Curie Hospice and had sometimes refused food. She died on 23 December. In 2009, she won a ruling to obtain explanation on whether her spouse Omar Puente would be prosecuted if he assisted her to end her life.

Debbie Purdy – Right to die Campaign

Lord Falconer, the former lord chancellor, said Ms Purdy’s role as a campaigner against the law on assisted suicide was “absolutely key” and she had transformed the dispute.

Mr Puente confirmed the death of his spouse in a statement, paying tribute to “a much enjoyed better half, good friend, aunt and sister”.
Debbie Purdy and spouse Omar Puente in 2010

“We would like to thank the Marie Curie Hospice in Bradford for the care the staff provided her, which permitted her in 2013 to be as peaceful and dignified as she wanted,” he added.

David Ward, Liberal Democrat MP for Bradford East, where the hospice is situated, said: “Debbie was an amazing human and in spite of her condition she was an ebullient character. “In her own words she said if she was permitted to die it would help her live.”. Mr Ward stated he would remember Ms Purdy for the “great spirit she had and as an incredibly motivating person”.

Lesley Close, a friend of Ms Purdy and customer of the group Dignity in Dying, said: “Debbie was a fantastic person. “Every moment of life was fun when you were with her.”. Lord Pannick, Debbie Purdy’s barrister, who initially satisfied her in 2008 at the start of her legal fight, said: “Her body was already afflicted horribly by this terrible illness, she was in a wheelchair, she was in great pain for much of the time.

“But I do not think I have represented a more energetic customer in my expert career.”. In her final job interview with BBC Look North, Ms Purdy said the unpleasant truths of her condition indicated her life was “inappropriate”. She said: “It’s uncomfortable and it’s uneasy and it’s frightening and it’s not how I wish to live. “If someone could find a treatment for MS I would be the very first individual in line. “It’s not a matter of wanting to end my life, it’s a matter of not wanting my life to be this.”.

Debbie Purdy’s landmark legal success did not lead to a modification in the law but it forced the authorities to clarify exactly what the legislation indicated in practice.

Ms Purdy had looked for guarantee over whether her partner would be prosecuted if he assisted her end her life. Purdy’s priority concern was to learn if any actions her spouse, Omar Puente, took in aiding her suicide would result in his prosecution. The charge for those who “help, abet, counsel or acquire the suicide of another” is a maximum of 14 years. No member of any family of the 92 Britons who have travelled for an assisted suicide has been prosecuted but some have been charged and have waited for months before hearing the charges have been dropped. Purdy said that if her spouse would be exposed to prosecution for assisting her travel to Switzerland to a Dignitas clinic to pass away, she would make the journey sooner whilst she had the ability to take a trip unassisted to conserve her partner from exposure to the law. This would have forced Purdy to make her decision on dying before she felt it was absolutely necessary.

When this may be the case after ruling the law was uncertain, in 2009 the Law Lords bought the Director of Public Prosecutions to define.

That triggered Keir Starmer – the then director – to publish standards in February 2010 setting out what was considered when weighing up a prosecution.

He stated a variety of aspects need to be considered, consisting of the inspirations of the person aiding and the victim’s capability to reach a informed and clear decision about their suicide.

The right to die is an emotive and highly charged issue. Some religions regard choosing the time to die should be above human intervention. Few of us would allow the life of a beloved pet to continue if this would cause them to suffer.

It still continues to be an offence to help a suicide or encourage or a suicide attempt in England and Wales.

Adapted from an article by the BBC

DAV

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£225,000 Out-of-Court Settlement for Salsa Fall

An ex-nurse has won £225,000 in an out-of-court settlement after falling dancing the salsa whilst on holiday in Tenerife.

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Stamp Duty

You have to pay Stamp Duty Land Tax (SDLT) if you buy a property in the UK over a certain price. This is charged on all purchases of houses, flats and other land and buildings.

Different rates apply in Scotland from 1 April 2015 when Land and Buildings Transaction Tax (LBTT) replaces SDLT.

The SDLT rate depends on:

the purchase price of the property
whether the property is residential

SDLT may also be due if you lease a property.

SDLT rates from 4 December 2014

SDLT is charged at different rates depending on the portion of the purchase price that falls into each rate band.

Before 4 December 2014, SDLT was charged as a single percentage of the property price.

Where contracts have been exchanged on or before 3 December 2014, and the transaction is completed on 4 December or later, you can choose whether you follow the new or the old rules.

Residential properties

Purchase price of property	Rate of SDLT (percentage of portion of purchase price)
£0 – £125,000	0%
£125,001 – £250,000	2%
£250,001 – £925,000	5%
£925,001 – £1.5 million	10%
Over £1.5 million	12%

Corporate bodies

SDLT is charged at 15% on residential dwellings costing more than £500,000 bought by bodies like:

companies
collective investment schemes

There are some exceptions. For example, you pay SDLT based on the new rates and bands where the property is used for:

a property rental business
a property development or resale trade
providing admission to visitors on a commercial basis

Residential leases

If your residential lease is for more than £125,000, you’ll pay 1% SDLTon the amount above the £125,000 threshold.

Conveyancing solicitors in London have reported that since the new rules were introduced there has been a fall in asking prices throughout London e.g. from 7% in Hammersmith and its environs to 0.5% in Hounslow.

Non-residential and mixed-use properties

Purchase price/lease premium or transfer value	Rate of SDLT (percentage of portion of purchase price)
Up to £150,000 – annual rent is less than £1,000	Zero
Up to £150,000 – annual rent is £1,000 or more	1%
Over £150,000 to £250,000	1%
Over £250,000 to £500,000	3%
Over £500,000	4%

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Author Archive Michael Morrison

PROBATE: Requires a Reputable Regulated Solicitor

Children to be more plainly heard in decisions about their future

Notification duration for marital relationships and civil collaborations extended

Neighbour Disputes & Sir Paul McCartney

Commercial Property Rents Up 7%

Ex-Wife’s Maintenance Payments Cut

Recent Cases & News Round-Up

Debbie Purdy: Right-to-die campaigner dies

£225,000 Out-of-Court Settlement for Salsa Fall

Stamp Duty

Stamp Duty Land Tax rates

SDLT rates from 4 December 2014

Residential properties

Corporate bodies

Residential leases

Non-residential and mixed-use properties

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