Immigration law proposals

Ed Miliband has promised to generate an immigration costs creating “clear, reliable and concrete changes” within months, if Labour wins next year’s basic election.

The party leader likewise said there would be an end to “false promises” on the subject if he ended up being head of state.

Mr Miliband pledged action on border checks, exploitation and opportunities available to UK employees.

David Cameron has actually promised “more action” to suppress migration.

Official figures published in August revealed UK net migration – the difference in between those entering and leaving – enhanced by more than 38 % to 243,000 in 2013-14. EU residents accounted for two-thirds of the growth.

Mr Cameron has said his aim of lowering the figure to below 100,000 is still attainable.

In current days, it has actually been reported that the coalition could look for an “emergency brake” to stop EU migration after it reached a specific level or to restrict the variety of National Insurance numbers provided to new arrivals from the EU. Mr Cameron is attending an EU summit in Brussels on Thursday and Friday.
‘Standards’.

Mr Miliband was speaking on a check out to Rochester and Strood, Kent, where a by-election is taking place next month following the defection of MP Mark Reckless from the Conservatives to UKIP.

Its predecessor seat, Medway, was held by Labour from 1997 to 2010, when the brand-new constituency was developed.

However a survey by ComRes recommends Mr Reckless is on course to win in Rochester and Strood, putting him on 43 %. It positions the Conservatives on 30 %, Labour on 21 % and the Liberal Democrats and Green Party both on 3 %.

In his speech Mr Miliband repeated Labour’s guarantee to count everyones going in and from the UK and make it a criminal offence when employment recruiter recruit exclusively from abroad.

He added that he would improve and expand apprenticeships and make sure that “public sector workers in public-facing roles have minimum requirements of English”.

These measures would be consisted of in an Immigration Reform Bill, to be detailed in more information in the first Queen’s Speech after a Labour triumph next May, he stated.

Mr Miliband also guaranteed to “seek change in Europe”, including:.

Longer transitional controls on migration when new countries sign up with the EU.
Stopping youngster advantage and youngster tax credits being paid to children living abroad.
Doubling the period of home before people would be entitled to advantages.

However he added: “False promises on immigration just make people more negative about politics. I won’t belong to that. I will not make guarantees I cannot keep.”.

Mr Miliband also stated: “I will certainly never suggest a policy or a course of action which would damage our nation. (UKIP leader) Nigel Farage wants to leave the European Union on which 3 million British jobs and countless companies in our country depend.

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Relationships, Economic downturn and Recuperation

Relationships, Economic Downturn and Recuperation

The function of relationships in creating social recuperation.

A study has been reported by relate – which is briefly dpresented here.

Recessions and recuperations are features of the economic cycle. Right here we look at the implications of future recessions and recoveries for our relationships, and vice versa. Economic crises and recuperations tend to be primarily understood in slim, financial terms. Yet economic downturns are also social phenomena which influence individuals’s lives in various methods– including their couple, household and social relationships. We refer to this social impact of economic downturn as ‘social economic crisis’. Social economic downturn can be triggered by financial recession, however can also exacerbate and lengthen it, hindering recuperation. In this research report, we analyze the ‘social recession’ in terms of the social repercussions economic recession can have. Specifically, we concentrate on the sustained decline in the quality and stability of couple, family and social relationships.

We took a look at individuals’s experiences throughout the last economic downturn which began in 2008. In order to figure out the extent to which individuals’s experiences of recession corresponded to the quality and strength of their relationships, we examined information from the Understanding Society longitudinal research, which includes 40,000 homes throughout the UK, over the economic crisis duration. We categorised individuals according to their experiences of recession utilizing seven indications, organizing people with similar experiences, and analyzed their relative chances of experiencing deterioration in their relationships.

One could expect economic crises to take a toll on family life and relationships– arguments over cash are known to be a major reason for relationship problems. Sure enough, the findings show that a ‘social economic downturn’ has actually occurred alongside economic recession, in regards to a substantial correlation between unfavorable experiences of economic crisis and degeneration in relationships: people who were disadvantaged financially throughout economic crisis were considerably more probable to have actually experienced deterioration in their relationship quality and stability.
The groups who felt the impact of economic crisis most strongly, nevertheless, were considerably more influenced in their relationships, in comparison with the standard (the ‘Advancing’ group).
These relative possibilities of experiencing relationship breakdown held even after we accounted for picked background qualities, such as their income, family structure, education and relationship length.

The findings right here verify those of previous researches, which similarly reveal that financial shocks and unemployment can decrease relationship quality by enhancing conflict in relationships, decreasing mental wellbeing, and even impacting on physical health. Previous studies also show that this lowered relationship quality throughout economic downturn translates into increased danger of relationship breakdown. The findings contribute to this evidence base adding useful insight into the ways in which economic crisis experiences associate with relationship wear and tear.
Breakdown of relationships can respond to counselling but when the relationship has broken down irreversibly a good family lawyer can a minimum of ensure that a customer retains an appropriate proportion of the joint assets.

At WhichSolicitor, we can make an appropriate recommendation for you.

Original article can be found as a PDF here

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Pre-Nuptial Agreements Increasing in the UK

A pre-nup is often a subject of much mirth in the UK; a dinner party debate about the merits of pragmatism versus idealism. Considering what you might do in the event of a divorce with regards to your estate is of course very pragmatic, but the partner calling for the agreement has often been depicted as a tad mercenary.

The demand for prenuptial practicalities is on the rise, with one London company reporting a 50% rise in people inquiring about pre-nups. Evidence from CAFCASS supports these claims, with a 2% increase in Private Law demand between 2013 and 2014. This followed a 9% increase on the 2012/13 figure.

This upsurge could have been partly prompted by the Law Commission’s suggestion that a pre-marriage agreement should form part of the marriage reform, and that pre-nups should be given the kind of legal weight which they’re afforded in Scotland.

The question was thrust into the news in 2010 when renowned German heiress Katrin Radmacher’s pre-nup was upheld by the Supreme Court. Radmacher’s partner, Nicolas Granatino, had been part of a pre-nup which agreed that no claim would be made on each other’s assets. After changing his mind on this agreement and asking for a sizeable chunk of his former wife’s estate, the court substantially reduced his claim in accordance with the pre-nup.

The rising prominence of the prenuptial agreement probably reflects the times we live in. Divorce is much more commonplace, and whereas marriage probably still carries as much weight in terms of devotion, people recognise that they can drift apart and this doesn’t tend to carry the same social stigma as it did in the past. Add to this the fact that family life can now be very complicated with marriages then remarriages, and the complicated family ties which emerge as a by-product of these separations.

Family solicitors in London have said “We strongly recommend that couples consider a pre-nuptial agreement – especially if property is involved. Also with social media being an increasing presence in most of our lives it may not be that surprising that couples are now not only taking steps to protect their estate in an event of a divorce but also their online reputation by including a social media clause in their pre-nup.”

There’s also the fact that the way we earn money as couples has changed dramatically. Modern couples are often equal partners in terms of income, so why should one person have claim over any assets that were acquired before marriage.

The question will always be a great topic of debate with its conflicting moral and practical dimensions. Many couples who neglected to sign a pre-nup will rue their lack of forward planning, but when everything is rosy, why spoil the party by introducing a potential bone of contention.

Perhaps the pre-nup is not that far removed from making a Will; divorce and death are both pretty grim prospects, but few people would question the practicality of making a Will.

Original reporting by PropertyWire 18/8/14

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First Time Buyers Loans Hit 7-Year High

Mortgage lenders made 28,600 first-time buyer loans in June, 7% more than the previous month and the highest since November 2007, according to the Council of Mortgage Lenders. By value, banks and building societies lent £4.2 billion to those taking their first step on the ladder, the highest amount since August 2007.

Loans to other homebuyers also grew over the month but at a slower rate, increasing by 4% to 31,900 as the market cooled slightly in response to tighter mortgage restrictions introduced at the end of April, as well as higher anticipation of interest rate rises from the Bank of England.

CML director general Paul Smee said: “For the second month running since new rules took effect, lending characteristics remain similar to the market beforehand.

“We now feel confident that, as we would hope, the mortgage market review effect is more gentle dampener than hard brake.”

The CML’s figures showed affordability for first-time buyers little changed with buyers borrowing 3.47 times their income. They borrowed an average £123,865 in June, up from £121,500 in May. Record low interest rates meant payment burdens remained relatively low in June, at 19.3% of gross income. Over the second quarter as a whole, there were 79,900 first-time buyer loans — 24% up on the same period a year earlier.

Mark Harris, chief executive of mortgage broker SPF Private Clients, said: “The lending market remains strong, suggesting that the impact of the mortgage market review has not been detrimental.”

To paraphrase Harold Macmillan, the former Prime Minister “Conveyancing solicitors in London have never had it so good!”

Original reporting by the London Evening Standard 11/8/14

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Divorce of Malaysian owners of Laura Ashley

Divorce of Malaysian owners of Laura Ashley stake to be heard in Britain

Pauline Chai and Khoo Kay Peng’s £ 400m conflict most likely to be settled in London where other halves can expect higher awards. The conflict between Pauline Chai, 67, and Khoo Kay Peng, 74, is now more likely to be settled in London.

A £400m divorce battle between a Malaysian former beauty queen and her separated spouse, who possess much of the Laura Ashley fashion industry, is most likely to be heard in Britain following a ruling by the Asian nation’s highest court. London Solicitors and barristers are most likely to be included.

The disagreement between Pauline Chai, 67, and Khoo Kay Peng, 74, is now more probable to be settled in London where partners can anticipate far greater awards and a more equal department of household properties.

The case is the most recent example of affluent foreign litigants looking for to fix high-value divorces in British as opposed to overseas courts.

The case, which has actually been running in parallel in the UK and Malaysian courts, has already been condemned by a British judge for its “eye-watering costs” of almost £2m.

Justice Holman questioned earlier this year “just just how much time of an English court these celebrations must be able to take up on preliminary skirmishes, whilst squeezing out the many needy litigants who need precious court time to recuperate their youngsters from abduction or seek their return from care, and other such issues”.

But the federal court in Kuala Lumpur on Monday rejected the partner’s attempt to have actually the case heard in Malaysia, clearing the way for a 10-day hearing at the high court in London in late September to evaluate whether it has territory in the case.

Khoo, who is stated to be worth approximately £400m, resides in the £30m Rossway Park estate near Berkhamsted, Hertfordshire. He and his partner own 40 % of the Laura Ashley fashion business. The couple, who have 5 youngsters, are not British citizens.

Chai’s divorce solicitor in London, said: “I am unbelievably happy that the two highest courts in Malaysia have actually recognized the essential oppressions associated with binding a better half to the residence of her husband.

“This is a case where the wife has actually not resided in Malaysia for over 30 years. A law that therefore rejects her the independence of a domicile of choice, and ties her to a country that she has long since left behind, is rather remarkable.

“We are delighted that the Malaysian courts have recognized the importance of the problems of equality invoked by this case and the need for the concern of our customer’s independent residence to be relatively heard.”.

Khoo’s attorneys have actually said that the marital relationship took place in Malaysia and that Malaysian laws provide that the jurisdiction for any divorce proceeding is figured out by the spouse’s residence.

Reported in the Guardian….

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House Prices Rise at Fastest Rate Since 2007

The cost of the average UK property rose at an annual rate of 10.2% in the three months to July according to the bank’s latest house-price index after a faster-than-expected 1.4% surge last month alone.

The double-digit annual rise is the quickest since September 2007 when Northern Rock — eventually nationalised — was at the centre of the UK’s first bank run in over a century.

The increase — much stronger than registered by Nationwide — is sure to provoke more speculation of interest-rate rises from the Bank of England.

Threadneedle Street is using measures such as restricting high loan-to-income mortgages to cool the market as a first line of defence but loan approvals are recovering from a dip earlier this year.

Rob Wood, chief economist at Berenberg, said: “The housing market is shaking off new mortgage rules. This is important, as the BoE have recently been pointing to the housing market as a good reason for broader economic growth to slow. We look for house prices to gain 10% in 2014 and 2015.”

Our conveyancing solicitors in London are now reporting that their current work volumes are similar to those enjoyed pre recession.

Original reporting by the London Evening Standard 6/8/14

They rose by 19.3 per cent to £499,000 – more than 11 times the average full-time London salary of £43,866 – in the year to June, according to the Office for National Statistics.

Despite the sharp rise, there are some signs of the widely anticipated cooling in the market as the rate of increase is down from the 20.1 per cent peak recorded in May. The ONS data tend to lag actual agreed deals by several months. More up to date figures yesterday from the property website Rightmove showed asking prices slumping nearly 6 per cent in August.

Fears about interest rate rises, tougher mortgage approval rules and a strengthening pound that has made London more expensive for foreign buyers are all thought to have taken some of the heat out of the capital’s propperty market.

According to the ONS average price of a newly built home – the section of the market most dominated by foreign buyers – actually fell slightly in June from £408,000 to £398,000.

However, there was little sign of relief for first time buyers with average prices for debut home owners rising from £388,000 to £393,000.

Campbell Robb, chief executive of the housing charity Shelter, said: “Today’s house price hike is yet another blow for people across LOndon desperate to put down roots and create a stable home.

“No matter how hard people work or save, millions are being priced out of a home of their own, caught in the ‘rent trap’ and constantly moving from one expensive property to the next.

“The only solution is for politicians to roll up their sleeves and build the affordable homes we so desperately need. From a new generation of part rent part buy homes, to encouraging smaller builders back into the market, there are ways to fix this country’s housing crisis.”

Original reporting by the London Evening Standard 19/8/14

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Divorce: Banker may lose £2m home

Former City trader Yan Assoun, 44, was described by a judge as having spending power “beyond the wildest dreams” of his fashion writer ex, Anais Assoun, 45.

But now, in a bitter break-up, the banker insists he cannot ‘survive’ in his New York lifestyle after his ex-wife was given an “unfair financial advantage” over him by a divorce judge’s ruling.

In a drastic reversal in fortunes, Mr Assoun, who owns a luxury Manhattan apartment and founded a company which recently turned over £5million, is now left with only a fifth of his income.

In a previous hearing he had complained: “I own an apartment worth $3.3million – it doesn’t mean I’m rich.”

Mr Assoun and his ex-wife had met and married in London while he worked in the City for BNP Paribas and Credit Suisse. They raised their two children in the capital before splitting in 2007 and departing for different parts of the US in 2009.

In a divorce court hearing last year, Judge Glenn Brasse had ruled that the “reasonable needs” of Mrs Assoun and the former couple’s children amounted to almost $500,000 (£295,000) a year.

The judge had earlier said of the banker: “[His] spending ability is not within the wife’s reach, not within her wildest dreams.”

But Mr Assoun is now claiming at the Appeal Court that he will be effectively exiled from New York by Judge Brasse’s order, as he cannot afford the cost of maintaining his lifestyle there.

Lady Justice Arden heard that Mr Assoun, majority shareholder in a banking business that turned over $8million in 2012, had already handed his ex $1.5million in assets and legal costs, prior to last year’s hearing.

Mrs Assoun, a “well educated” woman who owns a ranch in Texas, earns $65,000 a year herself, Judge Brasse found.

Her ex-husband had insisted at an earlier hearing that he was “bust”. But he was found to be reaping a yearly income of more than £400,000 by Judge Brasse, who went on to order him to pay the lion’s share of that to his ex-wife and children.

He is now asking for permission to appeal the judge’s order, which he says left him with less than £90,000 a year to live on, after tax. That is a sum on which it will be “very difficult to survive” in New York, he said.

Lady Justice Arden said she would decide whether to grant him permission to appeal after considering Mrs Assoun’s reply.

For divorce solicitors in London we should be your first port of call.

Original reporting by the London Evening Standard 28/7/14

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PI: £300,000 damages claim against the MoD

James Cobby, 22, from Eltham, needs round-the-clock care after landing on his head and chest following the fall in 2011 on the Tarzan Course at the Commando Training Centre in Lympstone, Devon.

He suffered acute brain haemorrhages and spent a year in a minimally conscious state after a pressure-relieving bolt had to be inserted into his skull. He was treated at the Royal Hospital for Neurodisability in Putney and now lives at a Neurological rehabilitation centre in Peterborough.

His mother, Janet Cobby, is suing the Ministry of Defence, which has admitted liability, for damages on her son’s behalf so that he can gain access to the lifetime of care, rehabilitation, specialist accommodation and equipment he needs. Papers have been submitted to the High Court claiming damages. They state that he will not regain his ability to walk and is totally dependent on others to maintain his safety.

Ms Cobby’s lawyers said negotiations were under way on a settlement.

“James was just 19 years old when his life changed forever as a result of the head injuries he suffered,” Ms Cobby said. “The last three years have been incredibly difficult for the entire family as we have had to watch James struggle with all elements of life, when previously he was always so active and independent.”

Her solicitors in London, said: “James has made tremendous progress thanks to specialist rehabilitation but the fact remains that he is going to need substantial care and support. We are working with the MoD to finalise a settlement that ensures James has this specialist care as well as ongoing rehabilitation and therapies that help him to live life to his full potential.”

Despite not completing his training, Marine Cobby was awarded his Green Beret in May as it was felt that his determination in his rehabilitation demonstrated everything it takes to be a Royal Marine. The ceremony took place at the Tower of London — the first time such a presentation has been held there.

A Royal Navy spokesman said: “We can confirm that the MoD has admitted liability in this case. The Naval Service continues to provide support to Marine Cobby and his family.”

Original reporting by the London Evening Standard 22/7/14

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High Court freezes £1.1 billion assets

The High Court has granted a worldwide order freezing the assets of the billionaire lover of London broadcaster and writer Alexandra Tolstoy.

She had consulted a consummate professional family solicitor in London.

Sergei Pugachev — a former ally of President Vladimir Putin once reportedly known as the “Kremlin’s banker” — faced legal action by the liquidator of his bank, which went bust in the global financial crisis owing hundreds of millions of pounds.

Ms Tolstoy — a distant relative of Leo Tolstoy — has three children with Mr Pugachev, and they share homes in London and the south of France. She recently claimed she owed nearly all her wealth to him.

This week, Deposit Insurance Agency, the liquidator of Mr Pugachev’s company Mezhprombank, was granted an injunction freezing £1.17 billion of his assets across the globe, including two London homes and a villa in Nice.

It means he cannot sell them or do anything that could diminish their value. He is also banned from spending cash in bank accounts.

Mr Pugachev, 51, is still allowed to spend £10,000 a week on living expenses plus legal bills.

Ms Tolstoy has claimed he is the victim of a high-level conspiracy in Russia to expropriate his empire.

She recently spoke of her fear for the safety of her and her family. In May she gave an interview in one of her London homes flanked by Russian security guards.

The Deposit Insurance Agency, represented by solicitors in London alleges Mr Pugachev transferred hundreds of millions of dollars from Mezhprombank to an account at a private bank in Switzerland. It also claims he is “vicariously liable” for the bank’s collapse. The injunction declares: “If you, Sergei Viktorovich Pugachev, disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized.”

The same potential punishment applies to anybody who assists in breaching the order.

Ms Tolstoy — whose branch of the author’s family emigrated to Britain in the Twenties — has said that one of the affected properties is a £12 million house in Battersea that used to belong to the Forbes family.

She was educated at Downe House — the Berkshire boarding school that the Duchess of Cambridge briefly attended — and studied at Edinburgh University. In 2009 she made BBC2 documentary series Horse People with Alexandra Tolstoy, in which she lived with remote communities around the world where horses are central to the culture. It was during a decade of wild travelling around China, Mongolia and Kyrgyzstan that she met her first husband, an Uzbek horseman.

When they split there was a legal row over the £250,000 Moscow apartment they lived in. She says this property, along with a cottage in Oxfordshire, is the only asset she independently owns.

Original reporting by the London Evening Standard – 17/7/14

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Fraud up by 17%, Rape up by 27%

The latest data from the Crime Survey for England and Wales — which includes offences not reported to police — estimated that there were 7.3 million crimes in 2013/14, down 14 per cent on the previous year and the lowest since 1981.

But police figures showed no change compared to the previous year, with 3.7 million offences recorded in the 12 months to March. The police statistics also showed rises in offences of violence, up by six per cent, and a sharp increase in rapes and sex offences.

Sex offences rose by 20 per cent last year — including rape offences which showed a 27 per cent rise to the highest level since 2002/03. Mark Bangs, from the Office for National Statistics, said: “Part of the rise in sexual offences is related to the effect of the Operation Yewtree investigation which has brought to light a large number of historic sexual offences. The increase is also likely to reflect a broader Yewtree effect whereby more victims are coming forward to report sexual offences to the police.”

The police figures are the first to be released after concerns were raised about the poor quality of the way police record crimes, and the figures being stripped of an official gold standard.

Until now they have shown year-on-year reductions since 2002/03.

While the police figures show violent crime is rising, the national crime survey showed there were 1.3 million violent incidents, a drop of 20 per cent.

The police figures also show deaths by dangerous driving rose sharply to 282, up from 174 the previous year and fraud was up by 17 per cent. Analysis showed that 5.1 per cent of bank or credit card users were victims of card fraud, up from 4.6 per cent.

Original reporting by the London Evening Standard – 17/7/14

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Category Archive London Solicitors

Immigration law proposals

Relationships, Economic downturn and Recuperation

Relationships, Economic Downturn and Recuperation

The function of relationships in creating social recuperation.

Pre-Nuptial Agreements Increasing in the UK

First Time Buyers Loans Hit 7-Year High

Divorce of Malaysian owners of Laura Ashley

House Prices Rise at Fastest Rate Since 2007

Divorce: Banker may lose £2m home

PI: £300,000 damages claim against the MoD

High Court freezes £1.1 billion assets

Fraud up by 17%, Rape up by 27%

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