HUMAN FERTILISATION AND EMBRYOLOGY

Hi, it’s Deborah and Euzi

If you are in a same sex relationship and you had children involving assisted reproduction, this is a a very important case for you to read...

http://bit.ly/2Se3q5p 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

In preparation for the no deal scenario, the Government has published further guidance pages for UK businesses…

http://bit.ly/2HaOb7l 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

Are you on timber business? Timber importers and exporters are being asked to consider requirements for their businesses in the event of a no deal Brexit...

http://bit.ly/2HACAQX 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

DATA PROTECTION

Hi, it’s Deborah and Euzi

The National Data Protection Commission (CNIL), an independent French administrative regulatory body, has imposed a penalty of €50m against GOOGLE LLC for lack of transparency, inadequate information and lack of valid consent regarding ad personalisation, in accordance with the GDPR. This is the first time the CNIL has applied the new sanction limits provided by the GDPR and is its largest fine to date...

http://bit.ly/2HCYGCa 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

CONSUMERS RIGHTS

Hi, it’s Deborah and Euzi

The Committee on the Internal Market and Consumer Protection (IMCO) has approved a proposal that requires online marketplaces and comparison services to disclose the main parameters determining how offers resulting from a search query are ranked and whether the authenticity of products’ reviews are checked…

http://bit.ly/2SdxG0j 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

SOCIAL MEDIA ENDORSEMENTS

Hi, it’s Deborah and Euzi

Do you have lots of followers on Social Media? If so, you need to read this...

http://bit.ly/2BiuPJZ 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

CONSUMER'S RIGHT

Hi, it’s Deborah and Euzi

The first EU-wide ‘digital contracts’ rules to better protect consumers were provisionally agreed by the EU Parliament and Council on 22 January 2019. These rights will apply in equal measure to consumers who provide data in exchange for such content or service and to ‘paying’ consumers alike. The agreement should be officially confirmed when a deal is reached on its ‘twin’ proposal, the sales of goods directive...

http://bit.ly/2HDY5QN 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

MODERN SLAVERY ACT

Hi, it’s Deborah and Euzi

The Home Office has published the second interim report from the review of the Modern Slavery Act 2015…

http://bit.ly/2S4YYWL 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

PRODUCT SAFETY AND STANDARDS

Hi, it’s Deborah and Euzi

Did you know there is an Office for Product Safety and Standards? The department is dedicated to identifying consumer risks and managing responses to large-scale product safety issues. You can report any concerns you may have...

http://bit.ly/2B9blHv 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

DEPARTMENT OF WORK AND PENSION LOOSES HIGH COURT BATTLE

Hi, it’s Deborah and Euzi

Four working single mothers have won a legal victory that could force the government to radically overhaul the way it operates the controversial universal credit scheme...

http://bit.ly/2Hm0rDB 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

INDEPENDENT LIVING ARRANGEMENTS

Hi, it’s Deborah and Euzi

Report finds that the number of looked-after children placed in independent living arrangements by English local authorities rose from 2,420 in 2010 to 3,090 in 2018...

http://bit.ly/2RXQ1yc 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

TAKING JUSTICE INTO YOUR OWN HANDS

Hi, it’s Deborah and Euzi

Can you imagine this happening in England?

http://bit.ly/2RYdeQI 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

DOMESTIC ABUSE CONSULTATION RESPONSE AND DRAFT BILL

Hi, it’s Deborah and Euzi

There is a new Domestic Abuse Bill which hopes to introduce stronger protections for victims of domestic abuse...

http://bit.ly/2TqO3DS 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

LASPO REVIEW

Hi, it’s Deborah and Euzi

Review of the impact of  controversial legal aid reforms is nearly done...

http://bit.ly/2Hk5QLJ 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

CIVIL PARTNERSHIP BILL

Hi, it’s Deborah and Euzi

Just to let you know that the civil partnership, marriages and deaths had its second reading...

http://bit.ly/2D8MDsC 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

CRIMINAL LEGAL SYSTEM

Hi, it’s Deborah and Euzi

As you know, we don’t do criminal injury but here is an update for you  on the Crown Prosecution Service…

http://bit.ly/2Sd8F5j 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

LANDLORD AND TENANT

Hi, it’s Deborah and Euzi

Is your home safe to live in? The Landlord and Tenant Act 1985 has been amended requiring that any property let by a landlord (private or social) is fit for human habitation when a tenancy is granted and remains so for its duration...

http://bit.ly/2HkDbWC 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

Guidelines for Judges Meeting Children who are subject to Family Proceedings

I believe strongly that children have a right to be heard when their parents are involved in divorce proceedings especially since the decision the Courts will be making will affect their lives.  Below are the  Guidelines for Judges Meeting Children who are subject to Family Proceedings which were put forward in 2010

These Guidelines are produced by the Family Justice Council and approved by the President of the Family Division. 

In these Guidelines:

• All references to ‘child' or ‘children’ are intended to include a young person or young people the subject of proceedings under the Children Act 1989. • ‘Family proceedings’ includes both public and private law cases. • ‘Judge’ includes magistrates. • Cafcass includes CAFCASS CYMRU.

Purpose

The purpose of these Guidelines is to encourage judges to enable children to feel more involved and connected with proceedings in which important decisions are made in their lives and to give them an opportunity to satisfy themselves that the Judge has understood their wishes and feelings and to understand the nature of the Judge’s task.

Preamble

• In England and Wales in most cases a child’s needs, wishes and feelings are brought to the court in written form by a Cafcass officer. Nothing in this guidance document is intended to replace or undermine that responsibility. • It is Cafcass practice to discuss with a child in a manner appropriate to their developmental understanding whether their participation in the process includes a wish to meet the Judge.  If the child does not wish to meet the Judge discussions can centre on other ways of enabling the child to feel a part of the process.  If the child wishes to meet the Judge, that wish should be conveyed to the Judge where appropriate. • The primary purpose of the meeting is to benefit the child.  However, it may also benefit the Judge and other family members.

Guidelines

1. The judge is entitled to expect the lawyer for the child and/or the Cafcass officer: 

(i) to advise whether the child wishes to meet the Judge; (ii) if so, to explain from the child’s perspective, the purpose of the     meeting; (iii) to advise whether it accords with the welfare interests of the child for such a meeting take place; and (iv) to identify the purpose of the proposed meeting as perceived by the child’s professional representative/s.

2. The other parties shall be entitled to make representations as to any proposed meeting with the Judge before the Judge decides whether or not it shall take place.



www.familylaw.co.uk

3. In deciding whether or not a meeting shall take place and, if so, in what circumstances, the child’s chronological age is relevant but not determinative.  Some children of 7 or even younger have a clear understanding of their circumstances and very clear views which they may wish to express.

4. If the child wishes to meet the judge but the judge decides that a meeting would be inappropriate, the judge should consider providing a brief explanation in writing for the child.

5. If a judge decides to meet a child, it is a matter for the discretion of the judge, having considered representations from the parties –

(i) the purpose and proposed content of the meeting; (ii) at what stage during the proceedings, or after they have concluded, the meeting should take place; (iii) where the meeting will take place; (iv) who will bring the child to the meeting; (v) who will prepare the child for the meeting (this should usually be the Cafcass officer); (vi) who shall attend during the meeting – although a Judge should never see a child alone; (vii) by whom a minute of the meeting shall be taken, how that minute is to be approved by the Judge, and how it is to be communicated to the other parties.

It cannot be stressed too often that the child’s meeting with the judge is not for the purpose of gathering evidence. That is the responsibility of the Cafcass officer. The purpose is to enable the child to gain some understanding of what is going on, and to be reassured that the judge has understood him/her.

6. If the meeting takes place prior to the conclusion of the proceedings –

(i) The judge should explain to the child at an early stage that a judge cannot hold secrets. What is said by the child will, other than in exceptional circumstances, be communicated to his/her parents and other parties.  (ii) The judge should also explain that decisions in the case are the responsibility of the judge, who will have to weigh a number of factors, and that the outcome is never the responsibility of the child. (iii) The judge should discuss with the child how his or her decisions will be communicated to the child. (iv) The parties or their representatives shall have the opportunity to respond to the content of the meeting, whether by way of oral evidence or submissions.

LEGAL AID CUTS

Hi, it’s Deborah and Euzi

Despite many attempts at simplification the growth in litigants in person caused by legal aid cuts continues to cast doubt on how the system operates...

http://bit.ly/2HCPqyd 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

Government updates its guidance on public procurement in the deal/no deal Brexit scenario...

http://bit.ly/2SWWPJI 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

Government publishes guidance on the eCommerce Directive in the event of a 'no deal' EU exit...

http://bit.ly/2RWoo8L 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

REFORM OF THE CRIMINAL INJURIES COMPENSATION SERVICES

Hi, it’s Deborah and Euzi

Victims’ Commissioner for England and Wales has published a review calling for wholesale reform of the Criminal Injuries Compensation Scheme so that victims who apply don’t feel frustrated, alienated or re-traumatised by the process...

http://bit.ly/2HzjOcA 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

Government continues to publish guidance on preparation for Brexit:

http://bit.ly/2SLEVth 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

Government continues to publish guidance on preparation for Brexit:

http://bit.ly/2RFzwGT 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

Legal Tips

Hi, its Deborah

A very busy day at the Free Legal Advice Service, so just some tips on various issues that arose.

IDENTIFICATION FRAUD.

If someone has been using your address and has run up bills etc at your address and you receive documentation from a Court etc, please do not ignore the documentation, because if you do and a Judgment is obtained, Bailiffs can be requested to attend at the property and remove items to the value of the Judgment, obviously if you can prove you are not the person who the Judgment is made against all to the good, but do you really want the Bailiffs at your door, better to nip the matter in the bud. When you get the initial documentation contact the court etc by LETTER (RECORDED DELIVERY) with proof of your ownership/tenancy of your property and offer to provide a photograph and even possibly proof of your date of birth.

MAKING A CLAIM

If you are making a claim as a Litigant in Person ensure that you include the full value of your claim in your protocol letter or claim form. If you have issued a claim, you are going to have to go through the the process of asking for leave to amend your claim and if the other side are not happy to consent to such an amendment you may need to make an application which will cost you £255 and there is no guarantee you will be granted leave. Remember if you do not have evidence of the loss you have sustained you will not be able to recover this figure

LIMITATION

You need to be careful when attempting to bring a claim, an insurers is NOT going to tell you that limitation in a matter is due, if you miss a limitation date unless you can provide a really good reason for missing date THAT IS THE END OF THE MATTER, what is a good reason, mental incapacity, being in coma, it has to be something pretty serious,

Under section 14A of the Limitation Act 1980, the basic limitation period for actions in negligence can be extended if, at the time the cause of action accrued, the claimant LACKED KNOWLEDGE OF EITHER:

1, the material facts about the damage for which he is claiming (i.e. in cases of latent damage); or

2. other facts relevant to the action, including that the damage was as a result in whole or in part to the act or omission which is alleged to constitute the negligence you are alleging.

An insurer will continue to respond to correspondence right up to the limitation period and are happy for you to pursue them with letters because once that LIMITATION date is passed in the majority of cases YOU HAVE NO COMEBACK.

CORRESPONDENCE TO A DEFENDANT/RESPONDENT

You may have a Solicitor but are still be trying to negotiate yourself with a defendant/claimant/respondent/petitioner. Please ensure that any correspondence forwarded to that party is clear and concise, you need to remember that any documentation between you and your opponent MAY NEED to be presented to a Judge and if he cannot understand what you have written this will result in confusion and delays at the hearing and possibly misinterpretation of your communication.

BREXIT

Hi, it’s Deborah and Euzi

Government continues to publish guidance on preparation for Brexit:

http://bit.ly/2H6vbbE 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt

BREXIT

Hi, it’s Deborah and Euzi

Government continues to publish guidance on preparation for Brexit:

http://bit.ly/2RyE95y 

#affordablelawforyou #freelegaladvice #bespokelegaladvice#legaladvicefordivorcematters #legaladviceforlandlordandtenantmatters#legaladviceforemploymentmatters#mackenziefriend#helpingyoutopreparetoattendatcourt