In view of the unpleasant situation that many WIND RUSH Commonwealth citizens face, having come to work and pay their taxes in the U.K. The Government has provided guidance on the right to rent checks. For further information please check the link below.
Friday 27 April 2018
LANDLORD! ARE YOU HAVING PROBLEMS WITH LETTING TO "WINDRUSH" TENANTS?
In view of the unpleasant situation that many WINDRUSH Commonwealth citizens face, having come to work and pay their taxes in the U.K. The Government has provided guidance on the right to rent checks. For further information please check the link below.
Wednesday 25 April 2018
Has a member of your family died without make proper provisions for you as a member of their family, are you a wife or child etc. If this is happened you may be able to claim against the deceased person's estate under the Inheritance (Provision for Family and Dependents) Act 1975. Judges have a very wide discretion to redistribute assets if they consider that it would be just to do so.
Under the Inheritance Provision for Family and Dependents) Act 1975 the deceased must have been domiciled in England and Wales for 2 years prior to their death.
Who can apply under the Order
Only immediate family members can apply under the Act or their partners if they were living together as husband and wife or as civil partners.
An application under the Inheritance Provision for Family and Dependents) Act 1975 must be made within 6 months of the Personal Representative obtaining a grant of probate to allow them to administer the estate. If you are outside of this time limit you will need to apply to the Court for permission to be allowed to commence proceedings. Permission is usually given only in exception circumstances.
If you need to check when or if Probate has been granted you can apply for this information by filling in a PA1S for more information go to https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s
When the Judge considers your application he will be looking to see if
• how promptly and in what circumstances you sought an extension of time
• whether there were negotiations between you and the defendant(s) within the six-month time limit and, if so, whether those negotiations are ongoing
• whether the estate has been distributed before a claim is made or notified whether a refusal to extend time would leave you without redress against anybody
• the strength of the your case
• any other considerations relevant to the application
There is only one ground for making a claim under the Inheritance Act and that is whether following the deceased's Will or under the laws of intestacy no reasonable financial provision has been made for the you as the Applicant.
Orders the Court Can Make
There are various orders the Court can make as follows:-
• an order transferring to the applicant specified property comprised in the net estate
• an order settling for the applicant's benefit specified property comprised in the net estate
• an order for the acquisition out of property comprised in the net estate of specified property (obviously not already comprised in the estate) and for the transfer to the applicant, or the settlement for their benefit, of that property
• an order varying any ante- or post-nuptial settlement (including such a settlement made by will) made on the parties to a marriage to which the deceased was a party—in this case the variation can only be for the benefit of the surviving party to that marriage, any child of the marriage or any person treated by the deceased as a child of the family in relation to that marriage
• an order varying any settlement made during the subsistence of a civil partnership formed by the deceased or in anticipation of the formation of a civil partnership by the deceased—the variation can only be for the benefit of the surviving civil partner, any child of both the civil partners or any person treated as a child of the family in relation to that civil partnership.
Factors The Court Must Consider
When deciding what order to make under the Inheritance Act, the Court must first decide whether the Will of the deceased, or the laws of Intestacy, have made reasonable financial provision for the you and only if there is inadequate provision or no such provision has been made for you will the Court consider whether and in what manner it should exercise its powers.
The factors that the court must by law consider when deciding these questions are as follows:-
1. the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
2. the financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has or is likely to have in the foreseeable future;
3. the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
4. any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate;
5. the size and nature of the net estate of the deceased
6. any physical or mental disability of any applicant or any beneficiary of the estate;
7. any other matter, including the conduct of the applicant or any other person, which in the . circumstances of the case the court may consider relevant.
In cases where you are a spouse or civil partner, the court must also consider those factors which are considered important within divorce proceedings, such as the length of the marriage, or civil partnership, the contributions made by the parties to the family’s welfare and the age of the applicant.
In cases where you as the applicant are a child or step-child of the deceased, the court will consider how you are, or are, expected to be educated or trained. Regarding step-children, the court will look at the level at which the deceased had taken on responsibility for you and will consider whether any other person also had a responsibility to provide maintenance for you and whether the deceased person knew that they were not your birth parent.
In cases where a claim is brought by you as a person who was living with the deceased in a co-habitee relationship, the court will look at the level at which you were maintained and supported by the deceased and how long you had been in the relationship.
Each case is considered on its own merits and no two Judges will arrive at the same outcome although there is established case law which provides guidance in these matters.
Under the Inheritance Provision for Family and Dependents) Act 1975 the deceased must have been domiciled in England and Wales for 2 years prior to their death.
Who can apply under the Order
Only immediate family members can apply under the Act or their partners if they were living together as husband and wife or as civil partners.
An application under the Inheritance Provision for Family and Dependents) Act 1975 must be made within 6 months of the Personal Representative obtaining a grant of probate to allow them to administer the estate. If you are outside of this time limit you will need to apply to the Court for permission to be allowed to commence proceedings. Permission is usually given only in exception circumstances.
If you need to check when or if Probate has been granted you can apply for this information by filling in a PA1S for more information go to https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s
When the Judge considers your application he will be looking to see if
• whether there were negotiations between you and the defendant(s) within the six-month time limit and, if so, whether those negotiations are ongoing
• whether the estate has been distributed before a claim is made or notified whether a refusal to extend time would leave you without redress against anybody
• the strength of the your case
• any other considerations relevant to the application
There is only one ground for making a claim under the Inheritance Act and that is whether following the deceased's Will or under the laws of intestacy no reasonable financial provision has been made for the you as the Applicant.
Orders the Court Can Make
There are various orders the Court can make as follows:-
- an order for periodical payments for the applicant out of the net estate of the deceased for such term as may be specified in the order
• an order transferring to the applicant specified property comprised in the net estate
• an order settling for the applicant's benefit specified property comprised in the net estate
• an order for the acquisition out of property comprised in the net estate of specified property (obviously not already comprised in the estate) and for the transfer to the applicant, or the settlement for their benefit, of that property
• an order varying any ante- or post-nuptial settlement (including such a settlement made by will) made on the parties to a marriage to which the deceased was a party—in this case the variation can only be for the benefit of the surviving party to that marriage, any child of the marriage or any person treated by the deceased as a child of the family in relation to that marriage
• an order varying any settlement made during the subsistence of a civil partnership formed by the deceased or in anticipation of the formation of a civil partnership by the deceased—the variation can only be for the benefit of the surviving civil partner, any child of both the civil partners or any person treated as a child of the family in relation to that civil partnership.
Factors The Court Must Consider
When deciding what order to make under the Inheritance Act, the Court must first decide whether the Will of the deceased, or the laws of Intestacy, have made reasonable financial provision for the you and only if there is inadequate provision or no such provision has been made for you will the Court consider whether and in what manner it should exercise its powers.
The factors that the court must by law consider when deciding these questions are as follows:-
1. the financial resources and financial needs which the applicant has or is likely to have in the foreseeable future;
2. the financial resources and financial needs which any other applicant for an order under the Inheritance Act from the estate of the deceased has or is likely to have in the foreseeable future;
3. the financial resources and financial needs which any beneficiary of the estate of the deceased has or is likely to have in the foreseeable future;
4. any obligations and responsibilities which the deceased had towards any applicant for an order or towards any beneficiary of his estate;
5. the size and nature of the net estate of the deceased
6. any physical or mental disability of any applicant or any beneficiary of the estate;
7. any other matter, including the conduct of the applicant or any other person, which in the . circumstances of the case the court may consider relevant.
In cases where you are a spouse or civil partner, the court must also consider those factors which are considered important within divorce proceedings, such as the length of the marriage, or civil partnership, the contributions made by the parties to the family’s welfare and the age of the applicant.
In cases where you as the applicant are a child or step-child of the deceased, the court will consider how you are, or are, expected to be educated or trained. Regarding step-children, the court will look at the level at which the deceased had taken on responsibility for you and will consider whether any other person also had a responsibility to provide maintenance for you and whether the deceased person knew that they were not your birth parent.
In cases where a claim is brought by you as a person who was living with the deceased in a co-habitee relationship, the court will look at the level at which you were maintained and supported by the deceased and how long you had been in the relationship.
Each case is considered on its own merits and no two Judges will arrive at the same outcome although there is established case law which provides guidance in these matters.
Tuesday 24 April 2018
Serving Divorce Proceedings
So at the Free Legal Advice Service yesterday for the third time in less than a week clients informed ,me that they were having ongoing problems with the service of proceedings especially in divorce matters. Unfortunately unless the judge is satisfied that a copy of the application for the matrimonial or civil partnership order (petition) has been served in compliance with the CPR rules then a divorce Petition cannot proceed.
Now many a husband or wife will attempt to wiggle out of being divorced by claiming that they have not received the Divorce Petition and of course this delays matters and in many instances provides time for them to get rid of assets etc.
You or the Court can effect service but the court will not serve the document if the person to be served is a child or protected party. So under the rules which you can read in full at
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.3,
Proceedings can be served
• personally, i.e you hand them to the person you are divorcing or arrange for someone to hand them to the person you are divorcing - . If you do this you will need to prepare an Affidavit of Service and file that at the Court.
• by first class post, - your or the Court can arrange for the Petition to be posted to your husband, wife, or civil partner
The court can authorise service of the application at an alternative place or by an alternative method where there is a good reason to do so but you will need to make an application to the Judge, who may give leave for you to issue and serve proceedings in a newspaper or via e-mail or any other method that the Judge might think suitable.
If your husband or wife have decided to do a moonlight flit, remember a Judge can request government departments like the DHSS to disclosed the respondent's address, again you will need to make an application.
So what if your spouse has run off to another country, well all is not lost. If you have an address you can arrange for service of documents via the Hague convention etc this is all a bit more complicated and if you want any further information about this just let me know and I will do my best to help by contacting me at affordablelawforyou@gmail.com or telephoning me on 07940 384785.
Wednesday 18 April 2018
HAVE YOU BEEN ASKED TO BE A WITNESS IN A COURT CASE?
Did you know that discussing evidence while under oath can end up in a Court case being struck out?
That is precisely what happened in the case of Chidzoy v BBC (UKEAT/0097/17/BA) for more information go to https://www.employmentcasesupdate.co.uk/site.aspx?i=ed37003.
If you, as a witness, discuss the evidence of either your or the Claimant’s case during a break in the Court proceedings and while you are still under oath the whole claim can be struck out!!!!!, That means you could be the reason that a trial is stopped by a Judge and the claim is struck out altogether
During breaks witnesses MUST be extremely careful about to whom they speak to and what they speak about as even a short conversation, which mentions something dealt with in the evidence, may have very serious consequences.
So if you are acting as a witness in your own or another person’s case here is a description of what your role as a witness in a Court case will entail:
- a witness will first provide evidence in chief (ie evidence in support of the party by whom he has been called); (you need to listen carefully to the questions you are being asked and answer that question and not the one you think you heard!!!!) Listen to what is said and repeat it in your head, to make sure you have understood it correctly before you answer.
- a witness will first provide evidence in chief (ie evidence in support of the party by whom he has been called); (you need to listen carefully to the questions you are being asked and answer that question and not the one you think you heard!!!!) Listen to what is said and repeat it in your head, to make sure you have understood it correctly before you answer.
- cross-examination follows evidence in chief, this is where the opposing party or parties asks you questions which may be leading but must be relevant to the issues in the case;
- re-examination follows cross-examination, where the party who has called the witness is usually permitted to ask you any further relevant questions arising out of the questions and answers given in cross-examination;
- the Judge may also ask you questions at any stage, although this usually takes place at the end of cross-examination and before re-examination
As a witness you will be required to give oral evidence:
- on oath (swearing on any one of many sacred books, depending on your religion), or
- on oath (swearing on any one of many sacred books, depending on your religion), or
- on affirmation (a solemn promise, using a set form of words, with no religious content)
REMEMBER Once you start to give evidence under oath you cannot discuss the case or evidence either with legal representatives or with anyone else until your evidence is completed.
Affordable Law for You knows that giving evidence in Court can be daunting so if you would like to give yourself the best chance of giving clear and lucid evidence why not read about how we can help you athttp://affordablelawforyou.co.uk/representing-yourself-in-c… and then telephone us on 07940384785 or email us on affordablelawforyou@gmail.com
Have you been asked to be a Witness in a Court Case? Did you know that discussing evidence while under oath can end up in a Court case being struck out?
That is precisely what happened in the case of Chidzoy v BBC (UKEAT/0097/17/BA) for more information go to https://www.employmentcasesupdate.co.uk/site.aspx?i=ed37003.
If you, as a witness, discuss the evidence of either your or the Claimant’s case during a break in the Court proceedings and while you are still under oath the whole claim can be struck out!!!!!, That means you could be the reason that a trial is stopped by a Judge and the claim is struck out altogether
During breaks witnesses MUST be extremely careful about to whom they speak to and what they speak about as even a short conversation, which mentions something dealt with in the evidence, may have very serious consequences.
So if you are acting as a witness in your own or another person’s case here is a description of what your role as a witness in a Court case will entail:
- a witness will first provide evidence in chief (ie evidence in support of the party by whom he has been called); (you need to listen carefully to the questions you are being asked and answer that question and not the one you think you heard!!!!) Listen to what is said and repeat it in your head, to make sure you have understood it correctly before you answer.
- a witness will first provide evidence in chief (ie evidence in support of the party by whom he has been called); (you need to listen carefully to the questions you are being asked and answer that question and not the one you think you heard!!!!) Listen to what is said and repeat it in your head, to make sure you have understood it correctly before you answer.
- cross-examination follows evidence in chief, this is where the opposing party or parties asks you questions which may be leading but must be relevant to the issues in the case;
- re-examination follows cross-examination, where the party who has called the witness is usually permitted to ask you any further relevant questions arising out of the questions and answers given in cross-examination;
- the Judge may also ask you questions at any stage, although this usually takes place at the end of cross-examination and before re-examination
As a witness you will be required to give oral evidence:
- on oath (swearing on any one of many sacred books, depending on your religion), or
- on oath (swearing on any one of many sacred books, depending on your religion), or
- on affirmation (a solemn promise, using a set form of words, with no religious content)
REMEMBER Once you start to give evidence under oath you cannot discuss the case or evidence either with legal representatives or with anyone else until your evidence is completed.
Affordable Law for You knows that giving evidence in Court can be daunting so if you would like to give yourself the best chance of giving clear and lucid evidence why not read about how we can help you athttp://affordablelawforyou.co.uk/representing-yourself-in-c… and then telephone us on 07940384785 or email us on affordablelawforyou@gmail.com
Friday 13 April 2018
IN FAMILY PROCEEDING WHAT HAPPENS IF YOU ARE MARRIED TO A NON-BRITISH CITIZEN AND HE/SHE DECIDES TO TAKE YOUR CHILD/REN TO YOUR PARTNER'S COUNTRY?
What happens if you are married to a non-British citizen and he/she decides to they want to relocate to another part of country or world with your child
Unfortunately marriages do break up and this can be very difficult when one of the parties is a non-British citizen. What does the law say will happen in these cases?
In the case of JAL v LSW, where Judge Williams J. had to consider whether a child should live in this country under the care of the father or whether the mum should be allowed to take the child to live permanently in Hong Kong with her. The mother had previously abducted the child to Hong Kong having made allegations that she had been emotionally and physically abused by the child’s father but she had been ordered to bring the child back to this country. For full details of this case go to JAL v LSW [2017] EWHC 3699 (Fam)
http://www.bailii.org/ew/cases/EWHC/Fam/2017/3699.html
So what will the Court consider when making a decision as to whether a child should be allowed to relocate to another country with one parent? The following matters must be taken in consideration:
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- the child’s physical, emotional and educational needs
- the likely effect on the child of any changes in his circumstances
- the child’s age, sex, background and any characteristics of his which the court considered relevant
- any harm which the child has suffered or is at risk of suffering
- and how capable each of his parents—and any other person in relation to
whom the court considered the question to be relevant—is of meeting his
needs
In this instance Judge Williams ruled that as he considered that the mother would not encourage a positive relationship between a father and a child if she was allowed to relocate to Hong Kong it was in the child’s best interest that the child should make his life in England in the shared care of both parents.
If you or someone you know is in similar situation and need legal assistance give us a ring on 07940384785. Don’t forget you can also book a FREE LEGAL ADVICE SESSION at Chelmsford Library, every Monday from 9am to 12am
This article is for information purposes only.
# affordablelawforyou@gmail.com
#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
Unfortunately marriages do break up and this can be very difficult when one of the parties is a non-British citizen. What does the law say will happen in these cases?
In the case of JAL v LSW, where Judge Williams J. had to consider whether a child should live in this country under the care of the father or whether the mum should be allowed to take the child to live permanently in Hong Kong with her. The mother had previously abducted the child to Hong Kong having made allegations that she had been emotionally and physically abused by the child’s father but she had been ordered to bring the child back to this country. For full details of this case go to JAL v LSW [2017] EWHC 3699 (Fam)
http://www.bailii.org/ew/cases/EWHC/Fam/2017/3699.html
So what will the Court consider when making a decision as to whether a child should be allowed to relocate to another country with one parent? The following matters must be taken in consideration:
- the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding)
- the child’s physical, emotional and educational needs
- the likely effect on the child of any changes in his circumstances
- the child’s age, sex, background and any characteristics of his which the court considered relevant
- any harm which the child has suffered or is at risk of suffering
- and how capable each of his parents—and any other person in relation to
whom the court considered the question to be relevant—is of meeting his
needs
In this instance Judge Williams ruled that as he considered that the mother would not encourage a positive relationship between a father and a child if she was allowed to relocate to Hong Kong it was in the child’s best interest that the child should make his life in England in the shared care of both parents.
If you or someone you know is in similar situation and need legal assistance give us a ring on 07940384785. Don’t forget you can also book a FREE LEGAL ADVICE SESSION at Chelmsford Library, every Monday from 9am to 12am
This article is for information purposes only.
# affordablelawforyou@gmail.com
#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
Sunday 8 April 2018
Advice and Tips for Renters
Renters, hit the below link to get a guidance/help when you looking for somewhere to rent
#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters #mackenziefriend#helpingyoutopreparetoattendatcourt
Friday 6 April 2018
FIND OUT HOW TO REQUEST YOUR PERSONAL INFORMATION
Do you want to get a copy of personal data about yourself.
Just read this excellent article from ICO which tells you exactly what to do.
https://ico.org.uk/for-the-public/personal-information/
#affordablelawforyou
#freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters
#legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters
#mackenziefriend #helpingyoutopreparetoattendatcourt
This blog is for information purposes only Can I get a Comittal Order against my client contempt of Court's order Part II
Hi, it Deborah,
You may remember that I recently posted about the case of Hart v. Hart where the husband continually ignored the Court's order and eventually was imprisoned despite being 83.
I unfortunately see acts of contempt in respect of the Judge's order being complied with in divorce matters again and again.
The only way that you as the party who is being affected by the delays in the divorce, not only from an emotional and stress point of view, but, also from a costs perspective is to make an application to the Judge and prepare a Statement in support in forensic details, stating and providing evidence for each and every act of contempt.
If you do this and attend Court with a copy of the case of Hart v Hart which supports the Court's approach hopefully you will be able to get an order from the Judge either providing an order with a penal clause attached or an order requesting the imprisonment of the party who is failing to comply with the Court's Order and using this a tool to stress you out.
Please understand we are not talking about one or two matter (though that is a start and unless there is an exceptionally good reason i.e. someone is in hospital etc) don't forget to request your costs for the attendance. On several occasions my clients have turned up with a barrister only for their partner not to turn up, well the barrister still needs to be paid!!!!! So as stated try and get your costs. It is up to a Judge but if you don't ask you definitely will not get.
Some months ago I assisted a client to prepare not only such a document, but I also prepared them for the hearing itself, knowing that if my client's partner did not turn up it was likely the judge would adjourn the matter. However I pointed out that there was an allotted time for the hearing and as they had turned up they needed to inform the Judge of the background of the matter regardless. They were a bit intimidated but they did it, got their point across and obtained an order with a penal clause attached (if their partner did not turn up at the next hearing they would be imprisoned. Guess what he turned up at the next hearing!!!!
You need to prepare and prepare well. There is a particular procedure that you need to follow when making an application for imprisonment as a result of a contempt of the Judge's order
If you need help with that preparation and following that procedure give us a ring on07940384785 or e-mails us on affordablelawforyou@gmail.com
If you think this blog may assist anyone else, please share it
#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters #mackenziefriend#helpingyoutopreparetoattendatcourt
This blog is for information purposes only.
Thursday 5 April 2018
AS A PROPERTY OWNER ARE YOUR NEIGHBOURS CAUSING YOU A NUISANCE?
Hi this is Deborah and Euzi. Spring is here. We are all in the garden. And so are the neighbours...
Do you own your property? Are you having problems with a neighbour who is interfering with the enjoyment of your property?
Do you own your property? Are you having problems with a neighbour who is interfering with the enjoyment of your property?
- Are they constantly leaving large amounts of rubbish outside your property which could attract pests?
- Are they constantly playing loud music at night?
- Do their tree roots encroach into your property?
- Do they have broken drain pipes that are causing water to constantly hit your walls causing damp to your property?
- Or are they doing something that causes you loss of enjoyment of your home due to fumes, dust and smell created by them?
Their actions could be considered in law to be a “NUISANCE”.
For the purposes of an action in tort, a nuisance may either be private or public. This post is about Private Nuisance.
Obviously the most sensible and cost effective thing to do if you are having any of the above or similar problems is to speak to your neighbour and try to resolve the matter amicably, but ,if they are unwilling to deal with the matter then you do not have to put up with this unpleasant behaviour and you can bring a claim for the nuisance.
The chances of your claim being successful will be greater if you have good evidence so don’t forget to:
- Make visual or oral recordings of the nuisance:
- Take photographs
- Obtain a report ie. a surveyor’s report
- Keep a diary of the incidents
If you decide you have to make a claim for Nuisance and need some help give us a ring on 07940384785 or email us at affordablelawforyou@gmail.com.
#affordablelawforyou #freelegaladvice #bespokelegaladvice #legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters #legaladviceforemploymentmatters #mackenziefriend #helpingyoutopreparetoattendatcourt
For information purposes only.
For information purposes only.
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