For Individuals

This news section is designed to help you get to know Trethowans a little better and to learn more about various areas of the law concerning you as an individual.

New Year, New Organised You

January 29, 2020

Was your New Year’s resolution to make a Will and Power of Attorney? The answer is probably not, but getting your affairs in order now will save a lot of time, money and stress for your loved ones in the long run.

What is a Section 42 Notice?

January 24, 2020

A Section 42 Notice (or Tenant’s Initial Claim Notice) is served by the tenant (flat owner) on the landlord and marks the beginning of the statutory lease extension process.

The Value of Mediation or Collaborative Law

January 24, 2020

How you deal with the emotional and practical issues of a divorce or separation really matters – to your own well-being, to your spouse/partner and most importantly, to any children you have.  When feelings are running high it is all too easy to feel that you are entering into combat with your estranged spouse or partner.  The decisions you may have to make can seem mountainous, just at the time…

Confessions of a Family Mediator

January 20, 2020

Mediation is less confrontational, less stressful, less expensive and less damaging in every respect and it offers couples an opportunity to move on from their relationship. They can create their future and continue to work together constructively, to the immense benefit of their children.

Do I need a prenuptial agreement?

January 13, 2020

Congratulations! You’ve set the date, booked the venue and started writing the guest list; but have you considered a pre-nuptial agreement? Or do you think that’s only for the wealthy?

Mustard v Flower; Are Recordings of Medical Examinations Now Going to be the Norm?

January 9, 2020

In the recent High Court case of Mustard v Flower & Others, Master Davison was tasked with deciding whether the Claimant’s recordings of her medical appointments with the Defendant’s medical experts – some of which were undertaken covertly – were admissible in evidence. In deciding that the evidence was admissible he outlined that he considered that guidance was required but that it was…

Ethical Veganism – That Decision

January 7, 2020

Yes, an Employment Tribunal in Norwich has decided Ethical Veganism can be a philosophical belief which amounts to a Protected Characteristic under the Equality Act 2010 and yes, that’s important. But no, the sky hasn’t fallen and no, the Earth hasn’t stopped spinning.

How can the Failure to Wear a Seatbelt Affect your Personal Injury Claim

January 2, 2020

We all know that when we are travelling in a vehicle we should be wearing a seatbelt for our own safety and the safety of others. It is a criminal offence not to do so.

Winter Weather Brings Increased Risks For Businesses

December 20, 2019

As we are now in the grip of winter and the weather gets colder, the presence of snow and ice can lead to increased risk of injury.

Why Do Conveyancers Argue Over Taking Out Legal Indemnity Insurance?

December 18, 2019

A selling lawyer and a buying lawyer have different agendas when the issue crops up.

Standstill Agreement under the Inheritance Act 1975

December 18, 2019

Andrew Carswell is a partner specialising in Dispute Resolution at Trethowans. He explains some of the issues encountered in the context of Inheritance claims.

Appointing a Guardian

December 17, 2019

Making a Will is often one of those ‘adulting’ steps we are reluctant to take, but when we become parents, it is important that we give consideration to who would look after the children if we were to die during their minority.

Overview of Personal Injury Claim Process

December 17, 2019

This article is a whistle-stop tour of how a personal injury claim would proceed.

Immigration for Doctors – Who are ‘Doctors and Nurses’?

December 16, 2019

In the General Election campaign we heard a fair amount about ‘Doctors and Nurses’. It’s a safe bet we’ll hear more. But what do politicians mean when they talk about ‘Doctors and Nurses’?

Ministry of Defence Asbestos Review Conclusions

December 13, 2019

Following concerns with the historic operation of Sea King helicopters at various locations in the south of England, The Ministry of Defence conducted a detailed asbestos review.

Cauda Equina Syndrome: Time to Take Action

December 12, 2019

Cauda Equina Sydrome is extremely rare, affecting up to 3 in every 100,000 people. However, if it is not diagnosed and treated rapidly it could have devastating effects for individuals involved. As a result of its masked appearance, unfortunately the clinical negligence and personal injury team at Trethowans see far too many cases involving misdiagnosis of Cauda Equina Syndrome.

Immigration for Doctors – Sponsorship Duties

December 9, 2019

My remark in a previous note about doctors becoming part of the UK’s immigration control infrastructure excited some interest and concern. I acknowledge there is sometimes a counter-cultural dimension to this sort of regulatory compliance but like it or not, there’s no escaping it.

Redress for Victims of Terrorism

December 4, 2019

Victims of acts of terrorism, such as the recent London Bridge attack, are able to claim for a compensation award under a scheme run by the Criminal Injuries Compensation Authority (“CICA”).

Top Tips for Cohabiting Couples to Consider

November 29, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

What if there are children?

November 28, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

No Such Thing as a Common Law Spouse

November 27, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

Purchasing a property together with unequal contributions

November 26, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

Road Traffic Accidents caused by vehicle distractions

November 26, 2019

Driving requires the full attention of the driver at all times – vehicles can travel many metres in a short amount of time and distractions impede drivers’ ability to spot hazards and react in time. However, recently there has been much attention on driver distraction due to the use of mobile phones as it becomes the fastest growing factor in car accidents.

Resolution’s Awareness Week Purchasing a property together – joint tenants or tenants in common?

November 25, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes.

Reprehensible but lawful! Can Claimant’s record a medical examination in a personal injury case?

November 21, 2019

This question was considered in the recent case of Mustard -v- Flowers and Others (2019) in the High Court.

On the twelfth day of Christmas the Court of Appeal gave to me…

November 18, 2019

The recent case of Shelbourne v Cancer Research highlights the importance of ensuring you are safe at office Christmas parties over the festive period. The judge at first instance has ruled that employers may not be vicariously liable for their workers actions.

NHS Figures Show Worst Reported Hospital Waiting Times

November 15, 2019

NHS England reported their worst ever figures for hospital waiting times this month. These included statistics showing that there were 4.42 million people waiting for hospital treatment at the end of September 2019 (the highest ever) and that 15.2% of them had been waiting for over 18 weeks (well in excess of the NHS target of 8%).

Do I need Probate?

November 14, 2019

Unless you are dealing with the estate of a deceased British monarch, you may need to obtain Probate, whether or not the deceased left a valid Will.

Whiplash claim reforms – are you ready?

November 6, 2019

On 20 December 2018 the Civil Liability Act 2018 received Royal Assent. The provisions of this Act have not yet come into force but promise to have a significant impact upon the area of personal injury claims arising out of road traffic accidents.

What Christmas means to children

November 6, 2019

“I think Christmas is about spending time with your family and opening presents in front of the fire” Girl, aged 11 “I think Xmas is more about giving than getting and being around people who love you and who you love” Girl, aged 9

Is the Birth Injury Early Notification Scheme achieving its aim?

November 5, 2019

NHS Resolution launched the Early Notification Scheme, a national programme for the early reporting of infants born with a potential severe brain injury, on 1 April 2017.

How does Inheritance Tax work?

November 4, 2019

Our estate planning solicitors have created this article to guide you through the intricacies of inheritance tax, what it is and when you are expected to pay.

Limitation – make sure you are in time

October 21, 2019

When you have suffered an injury you have a certain period of time within which to bring a claim. Lawyers call this the limitation period.

What happens to cryptocurrency when someone dies?

October 21, 2019

A few years ago there was a surge in the popularity of Bitcoin. Despite prices plummeting over the last couple of years, more and more people are still investing in cryptocurrency. Cryptocurrency is an online currency and there is often confusion about the legal status of such currency.

Government reverse decision for probate fee hike

October 18, 2019

The government has reversed its plans to change probate fees following a widespread backlash to the proposals.

Probate Court fees – where have we got to?

October 8, 2019

Earlier this year the Government revived its 2017 plan for an increase in probate application fees for estates in England and Wales. The new version imposes slightly less punitive charges than its previous incarnation which failed to pass through Parliament before the June 2017 general election.

Who is entitled to see a Will after death?

October 4, 2019

Subject to the circumstances described below, only the personal representatives appointed in a Will are legally entitled to see the will before the grant (also known as Probate) is issued.

How long does Probate take?

September 30, 2019

Well, more often than not, longer than you think. My advice to clients is that Probate can take anywhere between 6 and 12 months.

Who can Witness a Will?

September 25, 2019

It is very easy for Wills to be invalidated because of how they are executed (signed). The laws governing Will writing and what makes a Will valid under English and Welsh law are fairly old but still very much used today and there is a lot of case law which has developed this over the years.

Autumn Estate Planning Seminars

September 5, 2019

We are holding three estate planning seminars this autumn in Bournemouth, Southampton and Winchester and we would be delighted if you could join us at one of these special venues.

The law of succession – the LGBTQ+ perspective

August 23, 2019

As public demonstrations Pride events are an important way of campaigning for the rights of the LGBTQ+ community. Unlike most other minorities, being gay is a profoundly individual, and often isolating, experience. Most LGBTQ+ children are born into heterosexual families, often without a support network or anyone to turn to as they realise they are not like most others. This is why a public…

Myths surrounding same-sex relationships

August 23, 2019

UK law has evolved substantially in the last 17 years to recognise a variety of different family structures. Despite these legal changes there are still a number of misconceptions about the law surrounding same-sex families. To celebrate Pride we have decided to dispel some of the more common misconceptions.

The end of the Assured Shorthold Tenancy?

August 16, 2019

A change in the air could be coming for private landlords as the government discusses the future of Assured Shorthold Tenancies.

Deal with the NIP, or it may bite

August 13, 2019

If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit.

Proposed coronial investigation of stillbirths

August 12, 2019

The 12 week joint consultation launched by the Ministry of Justice and the Department of Health and Social Care on 26 March 2019 entitled “Coronial Investigations of Stillbirths” ended on 18 June 2019.

Unmarried co-habiting couples are the fastest growing family type in the UK

August 9, 2019

The stats are out, and according to the Office for National Statistics, the number of cohabiting couples has increased by 25.8% in the last decade. Even the current Prime Minister is jumping on the bandwagon with this particular trend, but it’s important to be aware of how you can protect you and your relationship in this scenario.

What is parental alienation

August 7, 2019

Parental alienation is often in the headlines and quoted by many separated parents who are being denied time with their children. But what is ‘parental alienation’ and how do the courts deal with it?

Clarification on defamation from social media comments

August 2, 2019

A recent Supreme Court case has provided helpful clarification on defamation from social media posts.

An employee has asked for a copy of all their personal data. Do we have to provide everything?

July 30, 2019

Not necessarily. There are several exemptions to the requirement under data protection law for employers to provide employees with a copy of their personal data. However, these must be considered carefully and on a case by case basis.

Cybercrime – do your terms and conditions protect you?

July 29, 2019

Automatic push payment fraud is a growing problem where fraudsters deceive an individual or business to instruct their payment services provider, such as their bank, to send money to an account controlled by the fraudster. An increasingly common example is when a fraudster intercepts or replicates a genuine business email and instead inserts their own bank details.

Is #Brexit all Boris has to contend with right now?!

July 26, 2019

The country’s divorce from Europe has shone a light on the complexities which can arise on the breakdown of a relationship. My advice, as a family lawyer, is to say plan for the worst and hope for the best!

A recent case in the law of proprietary estoppel

July 24, 2019

The law of proprietary estoppel remains a difficult are area of law, which continues to develop many years after it first evolved after the Second World War.

Penalty or no penalty? Protecting parties to commercial contracts

July 20, 2019

In the footballing world the introduction of VAR (Video Assistant Referee) has caused hot debate, even more so in the UK given its imminent introduction to the Premier League.

Court fee remission – a worthy exercise

July 19, 2019

Court fees can be a significant hurdle to commencing litigation, with fees up to £10,000 being required to even issue a claim. There is currently no appetite for abolishing these fees and they are only set to rise in the future.

Probate – What do I do?

July 18, 2019

When a loved one passes away it can be an upsetting and stressful time. Many people are not sure what steps they need to take or what procedures or legal rules they need to follow particularly if they are named as executor in the will or if a will cannot be found and an intestacy situation arises.

Sopra Steria Appointments – Top Ten Tips

July 17, 2019

Earlier this year applications for visas made from within the UK moved on-line. After you’ve submitted your application you’ll be directed to make an appointment with Sopra Steria to enrol your biometric information.

Court of Appeal in personal injury fraud crackdown

July 16, 2019

A recent Court of Appeal decision (Zurich Insurance v Romaine 2019) indicates a crackdown on personal injury fraud says Kelvin Farmaner, Partner with Trethowans Solicitors in Southampton.

Role of a Personal Representative

July 16, 2019

When a person dies, someone will need to deal with their affairs and administer their estate. That role is entrusted to a personal representative (more commonly referred to as an executor if the deceased left a valid Will).

New discount rate – what it means for Claimants in personal injury cases

July 15, 2019

The Lord Chancellor has today announced the new discount rate will be minus 0.25%, effective from 5 August 2019.

Pensions on divorce: a guide

July 15, 2019

The Report from the Pension Advisory Group

“Same roof” rule for domestic abuse victims abolished

July 10, 2019

A woman who was sexually abused for many years by her step-father won a landmark case in 2018 which overturned a rule, whereby victims who lived in the same home as their attacker could not claim compensation.

Home sellers beware: 6 traps to avoid – so choose your conveyancer carefully

June 21, 2019

“But I’m just selling; the buyer takes the risks with everything, right?” Wrong. If you are selling a house or flat, there are so many things a buyer can challenger you over, even after you have sold, and so you need to make sure you have the best conveyancer on your side, to guide you and shield you from that happening.

Making Gifts out of Surplus Income

June 21, 2019

If you have assets worth in excess of the Inheritance Tax allowance (currently £325,000) your estate will be liable to tax following your death at a rate of 40% on the value of your assets over the allowance (unless you leave your assets to an exempt person or body, such as your spouse or a charity).

Compensation in Divorce – What is it and can I get it?

June 20, 2019

The question of whether compensation can be sought in divorce proceedings is a question our family solicitors are often asked by clients.

Can you make a clinical negligence claim in cases of delayed surgery?

June 17, 2019

Is it possible to bring a claim for damages for clinical negligence if your surgery has been delayed and if, when it eventually occurs, you suffer a chance complication during that surgery which causes you to suffer serious injury?

Leaving Gifts to Charity in Your Will

June 15, 2019

Gifts in Wills are incredibly important to UK charities, currently amounting to 13% of all charitable donations (approximately £2 billon per year).

Tedworth House Recovery Centre – Home of Help for Heroes Support Hub

June 14, 2019

Tedworth House is a recovery centre in the South of England. It is also the home of Help for Heroes Support Hub.

Asbestos Still A Big Problem In Schools

June 13, 2019

According to the National Education Union (NEU), more than 200 teachers in the UK have died from mesothelioma since 2001.

The Potential Complications of Flat Ownership

June 11, 2019

Owning flats brings complications that are not found with other properties, some of which will be addressed in this article.

Common Misconceptions Private Client Solicitors Often Hear

June 5, 2019

Our private client solicitors constantly hear misconceptions regarding personal legal matters like Wills and Lasting Powers of Attorney.

Civil partnership vs marriage – the right to choose

May 21, 2019

Following the recent announcement for divorce law reform in England and Wales, development with the law on civil partnerships also comes under the relationship spotlight.

Their rights and your obligations under the GDPR

May 20, 2019

The General Data Protection Regulation (GDPR) provides individuals with certain rights when a business processes their personal data. Personal data includes information relating to natural persons who can be identified or who are identifiable, directly from the information in question or who can be indirectly identified from that information in combination with other information.

Experts come together to share divorce advice in Salisbury

May 17, 2019

Free, hands-on support is being offered to Salisbury families going through divorce or separation on June 13 at the Mercure White Hart Hotel.

Trethowans helps fellow business leaders live football dream

May 16, 2019

Members of Bournemouth’s business community swapped their suits for sports kit on Wednesday (May 15) as they took part in AFC Business’s Play on the Pitch Tournament.

Government Takes Steps to Widen Bereavement Damages in Fatal Injury Claims

May 15, 2019

This week the government have announced plans to increase the categories of people who can claim statutory bereavement damages in fatal injury claims.

Compensation lottery for bereaved families

April 29, 2019

The Northern Ireland Department of Justice has announced that it will increase the amount of statutory bereavement damages from £14,200 to £15,100 on 1 May 2019.

Accidents Abroad and Brexit Wrangles

April 28, 2019

At the time of writing it is still not clear whether the UK will leave the EU on 29 March, 12 April, 22 May, or indeed at all. Bearing in mind that Article 50 of the Treaty on European Union was triggered 2 years ago, it is perhaps surprising that with a week to go such uncertainty remains.

Dividing Company Assets on Divorce: Rolling in the Deep or Water under the Bridge?

April 24, 2019

Emilie Holland, family solicitor, reviews the approach, court orders available and top tips for parties when dealing with a divorce involving company assets.

Grandparents’ Rights

April 18, 2019

It is estimated that 1/3rd of adults aged over 50 are grandparents and there are 14 million grandparents in the UK.

Do I now need to plan for my probate fees?

April 15, 2019

Currently, the cost of obtaining probate is relatively nominal – it costs the deceased’s estate £155 for a professional application or £215 for a personal application – but now probate fees are planned to rocket to eye watering levels.

How do you know if a Will is valid? Here are some handy tips on ‘Disputed Wills’

April 14, 2019

Andrew Carswell is a partner specialising in Commercial Litigation and in particular Contentious Probate and Trust disputes. He provides an overview of some of the situations he encounters where families disagree over the Wills.

Are video hearings the future?

April 13, 2019

The first complete video hearing has taken place in the County Court. Could they become a regular occurrence in the future?

Daga v Bangur: The discretionary trust that successfully deflected a husband’s claim for a lump sum to meet his needs

April 12, 2019

An unusual example of the court’s approach to family wealth held in trust.

Confidence drives Trethowans’ recruitment push

April 11, 2019

Trethowans has offered permanent jobs to all of its current second year trainees qualifying in September 2019 as it works to create the next generation of legal experts.

The rise of vehicle autonomy in the UK: implications for road traffic accidents

April 11, 2019

Specialist Personal Injury solicitor at Trethowans, James Braund, explores the implications of the increasing shift towards autonomous vehicles in the UK.

No Fault Divorce – Reform is finally on its way

April 10, 2019

Divorce laws in England and Wales will at long last be reformed to simplify the process and hopefully reduce hostility between separating spouses.

Health & Safety Executive Reveals the Latest UK Asbestos Statistics

March 29, 2019

John Hall, specialist asbestos solicitor at Trethowans, looks at the latest figures from the Health & Safety Executive – what can we learn?

When sorry seems to be the hardest word

March 25, 2019

Laura Rowe, specialist Clinical Negligence solicitor, reviews the first case in which an NHS Trust was fined for not apologising to a family in good time.

Insurers backed by Court in Supreme Court Case

March 20, 2019

Bournemouth-based Insurance company LV= have recently been backed by the Supreme Court over when an unknown Defendant can be sued.

Workers need great places to work, not Ghost Towns

March 19, 2019

As well as offering attractive premises to work from, employers need to help their local town or city to be an attractive place to live and work in.

The Supreme Court Refuses Personal Injury Claim Against Unnamed Driver

March 15, 2019

James Braund, Personal Injury Solicitor, considers recent developments in personal injury claims against untraced drivers in Road Traffic Accidents.

The Personal Injury Discount Rate Review

March 13, 2019

James Braund, Personal Injury and Clinical Negligence Senior Associate Solicitor, considers the ongoing review of the personal injury discount rate.

Waiting Times at A&E – How long is too long?

March 11, 2019

Most of us will have had the misfortune of visiting a Hospital A&E department at some point in our lives, but waiting how long is too long for treatment?

What’s in a name?

March 7, 2019

It is a legal requirement that a child’s birth is registered within 42 days of his birth. You may well have already decided on your child’s first name before his birth, but what about surname and what if you subsequently want to change it?

Right to Rent checks – are they discriminatory?

March 6, 2019

The High Court certainly thinks so and said as much in a robust judgement last week.

Criminal Records Checks Trumped by Human Rights

February 28, 2019

Employers should be aware when they receive an Enhanced DBS check they may be given extremely sensitive information which shouldn’t have been released and which they shouldn’t use.

Court favours asbestos ‘overalls case’ claim for the first time

February 27, 2019

A Claimant was finally successful in running an ‘overalls case’ argument in the High Court, in the recently decided case, Carey -v- Vauxhall Motors Limited.

Right to Work Checks for EU Citizens – Common Sense Prevails

February 27, 2019

Employers are asking me if they’ll have to start making right to work checks for EU citizens after 29 March.

Did you know your conveyancer will want to see your original ID documents?

February 25, 2019

An increasing trend is for people to volunteer up photocopies, or a print-out of bank statements, or even email them to conveyancers. Sometimes with the commentary that ‘we bank/our utilities are all online, so we can only print off statements/bills’.

When it comes to ‘our‘ children, what does the terminology mean during separation?

February 25, 2019

Dawn Gore, a family law Paralegal here at Trethowans with over 30 years experience answers your questions on the terminology used whilst separating or post separation.

Deal or No Deal? Brexit and Accidents Abroad

February 6, 2019

How could Brexit affect how UK citizens handle accidents and injuries abroad? Experienced insurance solicitor, Kelvin Farmaner, explores the possibilities.

Good News for EU citizens in the UK

January 25, 2019

This has been a good week for EU citizens living in the UK and concerned about the quality of their welcome.

What is family mediation?

January 21, 2019

This week is National Family Mediation Week, raising awareness of mediation as a way to resolve family disputes without the need for court action.

Fresh eggs for breakfast? Don’t count your chickens until you’ve checked your deeds

January 18, 2019

You may think as you own your home you have the right to make alterations to the outside, to park a caravan or commercial vehicle, to work from home or even to keep chickens, but you could become liable for legal action if your deeds state otherwise.

Would Kim and Kanye be the legal parents of their surrogate baby if they lived in the UK?

January 16, 2019

As Kim Kardashian and Kanye West announce they are to have their 4th child, via a surrogate mother, social media has gone into a frenzy with well wishers congratulating the couple.

Where is your Will now?

January 14, 2019

If you made a Will or an Enduring Power of Attorney (EPA) with David Davies solicitors in Salisbury, there is a chance that we are now holding this for you.

Trethowans is listed in Headway’s Head Injury Solicitors Directory

January 11, 2019

Trethowans has been listed in the 2019 edition of Headway’s Head Injury Solicitors Directory.

Single parents can now apply for a parental order but depending on your circumstances you might need to act quickly

January 10, 2019

From 3 January 2019, single parents who have had a child born through surrogacy are able to apply for a parental order in the UK, finally providing them with legal parent status.

New Beginnings

January 4, 2019

Facing a breakdown in your relationship is a daunting prospect and is likely to impact all areas of life including your home, finances, children and the wider family.

Planning a Family Holiday?

January 3, 2019

With the excitement (and stresses) of Christmas over, we start to look forward to the lighter evenings and warmer days of summer. This is the time when we also start thinking about booking a holiday.

Brexit & Immigration for HR Professionals

January 2, 2019

On what basis will the UK leave the EU? How will the UK’s departure affect the remainder of the EU?

National awareness raising week – Long term goals and aims

November 30, 2018

Our mini-series this week has focused on the arrangements you make in respect to your children on separation and what external support or advice you may need.

National awareness raising week – Improving handover communication

November 29, 2018

We mentioned previously about the desire to avoid using handover to communicate about any issues.

National awareness raising week – Supporting children through separation

November 28, 2018

If you have decided with certainty that you are going to separate you need to plan how to tell the children and support them generally.

National awareness raising week – Choosing the right process

November 27, 2018

There are a number of different processes you could consider to resolve areas in dispute.

National awareness raising week – Identifying your aims and goals in the short term

November 26, 2018

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes.

Christmas Contact

November 23, 2018

As the festive season approaches, we start to turn our minds to the arrangements for Christmas Day.

Contemplating separation? Think of the children!

October 31, 2018

Article written by Amy Trench for Forum Publications. Amy answers some questions specifically about the impact on children when parents separate and/or divorce.

Divorce – The Reality

October 29, 2018

Tabloid headlines recently declared that TV personality Ant McPartlin’s infidelity was so intolerable that his wife could not continue to live with him and their marriage was dissolved in a matter of minutes.

No Fault Divorce

September 20, 2018

Earlier this month Justice Secretary David Gauke announced the Government’s intention to launch a consultation on the introduction of “no-fault” divorce after a sustained campaign from Resolution (whose membership comprises family lawyers and other professionals committed to the constructive resolution of family disputes in a non confrontational environment) and, in light of the high profile…

Challenges encountered with Cryptocurrencies in divorce settlements

August 28, 2018

It is fair to say that reaching a financial settlement in divorce cases can be a challenging journey for the parties involved. Regardless of which process the parties wish to embark on, most cases start with basic disclosure.

Trethowans Calls For Speed-Up In Law

August 8, 2018

Solicitors at Trethowans have backed calls to speed up legislation that will stop domestic abuse victims having to face their abusers in court.

Common Law Spouses

August 3, 2018

All too frequently we hear that phrase “common law spouse”. What many people do not appreciate is that legally, there is no such thing. The only way you will be considered a spouse, and therefore have full financial claims against the other on divorce, is to be legally married to or in a civil partnership with that person.

Grandparents’ Rights

August 2, 2018

A question that family lawyers are often asked is what rights do grandparents have to see their grandchildren?

High profile divorce case prompts calls for changes to the law

July 30, 2018

The Supreme Court has this week rejected an appeal by a woman who wants to divorce her husband of 40 years because she says their marriage is unhappy.

Mrs Owens Refused Divorce

July 30, 2018

In order to secure a Decree of divorce, the party issuing the Petition (“the Petitioner”) must satisfy the Court that the marriage has irretrievably broken down. To do so, the Petition must be based on one of five facts which are defined in legislation brought into effect 45 years ago.

Prince Harry Chooses Not To Say “I Do” To A Pre-Nup

May 17, 2018

It has been many years since a wedding has garnered as much attention as the impending nuptials of Prince Harry and Meghan Markle. In light of the high profile nature of this union, and Harry’s parents’ own acrimonious divorce, it may come as a surprise to many that the Prince is rumoured to have declined to enter into a Prenuptial Agreement.

Do the Contributions of a ‘Genius’ Impact on a Divorce Settlement?

May 5, 2018

What if one party to the marriage has made a stellar or special contribution? Can that party argue that their ‘genius’ should result in an unequal sharing of the family wealth during separation, particularly if such wealth results from his / her endeavours?

It’s All Relative: Spousal Maintenance

April 23, 2018

The issue of spousal maintenance is something which is divisive and cases such as Mrs Waggott’s this feed both the tabloids and the broadsheets. This includes the now ever familiar headlines of “Meal ticket for life backfire” (The Telegraph) and “£10M divorce pay-out wasn’t enough” (The Sun). With emotive headlines and eye watering sums of money involved it can sometimes be difficult to get…

Divorcing Couples Urged To Consider Court Orders For Financial Settlements

April 20, 2018

Experts from leading law firm Trethowans are emphasising the importance of dismissing financial remedy claims with a court order within divorce proceedings.

Fundamental Dishonesty in Personal Injury Claims

April 3, 2018

A 2018 High Court decision provides a useful clarification as to when a dishonest Claimant’s personal injury claim will be dismissed in its entirety, even if parts of the claim were valid. This is likely to mean a more robust stance can be taken by many insurers or others facing such claims when fraud is suspected.

Why exchanging contracts can take your conveyancer all day

March 23, 2018

Why exchanging contracts can take your conveyancer all day, if not two days.

Separation and Presumption of Involvement

February 26, 2018

In the sad and unfortunate event that parents separate, they have a duty and responsibility to their children to ensure that they are able to maintain a meaningful relationship with both of them.

Lasting Power of Attorney

February 5, 2018

Have you made a Lasting Power of Attorney which was registered with the Office of the Public Guardian in the last 5 years? If so, you may be owed some money.

A Family Lawyers Guide to a Good Relationship

February 3, 2018

So what factors does Cupid need to take on board when considering what is likely to make a long and lasting relationship. One which will stand the test of time? With February comes Valentines Day, considered to be “the most romantic day of the year”, having its origins in a Roman festival where Cupid the god of desire and son of Venus the goddess of love would match and pair off couples with a…

New Beginnings

January 29, 2018

Family Law Partners, Emma Wilders-Pratt and Juliet Mayhew recently held a fabulous New Beginnings Workshop for those who are contemplating separation.

Myth Busting Guide for Co-habiting Couples

December 1, 2017

Cohabiting couples have become the fastest growing family type in the UK but a new survey has revealed that two thirds of cohabiting couples wrongly believe common law marriage laws exist when dividing up finances. The survey, by Resolution, found many people thought they would be entitled to money if they split up when, in reality, they wouldn’t be.

Stamp Duty abolished for First Time ‘Buyers’ – is it really that simple?

December 1, 2017

As of 22 November 2017, certain individuals who buy a residential property in England, Wales and Northern Ireland, at a price up to £300,000 can claim a complete exemption from stamp duty, and a flat rate of 5% stamp duty on the portion from £300,001 to £500,000.

There is no such thing as a ‘Common Law Marriage’

November 30, 2017

A 2017 Resolution survey of family lawyers revealed that 89% of those surveyed found that when advising unmarried couples they were surprised to learn they have no legal rights. Regularly people reference “but I’m his common law wife” or “but we have been together for over 10 years and so he is as good as my husband”. There is no such thing as a common law husband or wife. It is a myth that has…

Will your home move coast dangerously into the Christmas break?

November 30, 2017

Typically from the 1st of December there is the annual danger that the professional foot is distracted by the forthcoming Christmas break, and is removed from the home moving accelerator – leading to a slow coast into a Christmas break.

Cheap estate agent fees could cost you your project manager

November 14, 2017

Until recently, selling a house could be a costly affair with estate agent fees being as high as 3% plus VAT, maybe higher.

The Relationship Agreement

October 12, 2017

The ‘Relationship Agreement’. A term many of us have become aware of since its introduction in popular American sitcom The Big Bang Theory. The relationship between two lead characters, Sheldon Cooper and Amy Farrah Fowler ‘Shamy’, is quirky and rigorously defined. The relationship agreement serves a comedy purpose following the awkward relationship of the two as they dip their toe into the world…

A chink of light for a conciliatory divorce

September 25, 2017

As a committed member of resolution my colleagues and I strive to adopt a conciliatory approach where possible and ensure our cases are dealt with as painlessly as possible. We work hard to help our clients leave the marriage with their dignity intact and feeling that they have retained control of the process and developed a positive post separation parenting relationship with their former…

Should you use Mediation to resolve your dispute?

September 15, 2017

At Trethowans, whilst we accept that mediation may not be right for everyone, it has many benefits and should always be considered as a way to solve family disputes without going to court.

A letter to a young person: What’s in the best interests of a child’s welfare?

September 4, 2017

Whenever a Court has to determine the arrangements for a child, the child’s welfare is the Court’s paramount consideration. In assessing what is in the best interests of a child’s welfare, the Court must have regard to a list of factors set out in Schedule 1(3) of The Children Act 1989.

The Unreasonableness of Owens v Owens and the Need for Reform

August 21, 2017

As it currently stands, there is only one ground on which a Petition for divorce may be presented to the Court by either party to the marriage and that is that the marriage has broken down irretrievably.

The Minimum Income Requirement

August 18, 2017

Before July 2012 the Immigration Rules required that non-EEA family members joining their relatives in this country be able to maintain and accommodate themselves and any dependents. The test was to do so adequately without recourse to public funds.

Undue influence – modern areas of impact

August 17, 2017

The legal concept of Undue Influence has been with us for many years. Although distinct from its older cousin “Duress”, its principles are similar. The central question when dealing with this subject is how does the law allow individuals the freedom to make contracts, give money or property and make Wills, but protect them from others who seek to persuade or influence, or even…

Parental Responsibility

August 1, 2017

Parental Responsibility is defined in Section 3(1) of the Children Act 1989 as all the rights, duties, powers, responsibilities and authority that a parent has in relation to their child and their property. A person with parental responsibility is entitled to make decisions with reference to a child’s welfare and in particular, as to issues concerning their health, education and religious…

The Supreme Court’s Ruling – Employment Tribunal Fees

July 27, 2017

The Supreme Court’s ruling that the present Employment Tribunal fee structure is unlawful follows a long and painful battle between Unison and the Government. This will undoubtedly be received well by some; seen as a victory for employees and the workers’ rights to justice. However, others (employers, businesses) may see this as a step backwards and a reason to be concerned. But, what…

Are you contemplating a Divorce?

July 10, 2017

Partner and family solicitor Juliet Mayhew has put together 10 key points to offer guidance to anyone thinking about divorce.

Safeguarding the position of EU citizens

June 29, 2017

The future of EU citizens in the UK is a political hot potato. The current Brexit talks mean that the UK and EU need to negotiate a clear set of rules. The UK Government has declared its policy first, in a statement about EU citizens in the UK after Brexit. There is a lot of water to flow under the bridge yet before there is an agreement, but we do at least now have something to consider.

What happens if allegations of alcohol or substance abuse are made in children proceedings?

June 22, 2017

It is not uncommon for allegations of drug or alcohol abuse to be made by one parent against the other in contested Court proceedings with reference to the arrangements for their children. Often it is the parent with whom the child lives that makes the allegation and sometimes this is in the hope or belief that the other parent will no longer be able to play a part in their child’s life.

Legal words of comfort for men coping after divorce

June 16, 2017

Much has been written in the press recently about how men cope after divorce. According to a recent survey conducted by Yorkshire Building Society, men were shown to suffer more emotional trauma than women following the end of their marriage. In addition 41% of men described themselves as still sad about the failure of their marriage 2 years after divorce as apposed to only 31% of women.

What’s in a name?

June 13, 2017

You may well have heard a member of Resolution commenting on an issue of family law in the popular media. This comes as no great surprise as Resolution are regularly invited to comment in the press, on the radio and television as well as maintaining a significant presence in the social media but who or what is Resolution?

How Long Does a House Move Take Honestly?

June 13, 2017

We always target a maximum of 4 weeks to exchange contracts, and we tell everyone (the other lawyer, our client sand the estate agents). The point in doing so is to focus people on achieving a prompt pace, not necessarily achieving a magic 4 weeks.

Immigration in the Manifestos

June 2, 2017

With Utopia just a ballot box and swingometer away I’ve been looking at the manifestos and wish I could capture and retain their boundless confidence. This is not  an analysis or even a summary of what’s in the manifestos; it’s an unvarnished note of what’s caught my eye in the context of immigration law and practice.

Strict 3 Year Time Period to Bring A Claim

May 25, 2017

One problem which the Personal Injury and Clinical Negligence Team at Trethowans repeatedly see is people being unaware that they have only 3 years from the date of a negligent incident to bring a claim.  This 3 year timeframe is called the Limitation Period and is applied strictly by the Courts. If a Claim Form is not sent to court within this this time limit the claim will be out of…

Willing a Wonderful Royal Wedding

May 18, 2017

This weekend millions of people are expected to tune in to the wedding of Prince Harry and Meghan Markle. Less than 50% of those watching are likely to have made a Will. Those who have made a Will may not be aware that their marriage or civil partnership could have rendered their Will void.

Does Your Child Have A Right To A Relationship With You?

May 2, 2017

Children of separated or divorced families want and need a healthy and strong relationship with both of their parents and to be protected from their parents’ conflicts. However, some parents, in extreme situations, foster the child’s rejection of the other parent and manipulate them to hate the other parent.

New Immigration Fees

April 21, 2017

The latest round of changes to the Immigration Rules focuses on fees. Businesses that rely on migrant workers from outside the EU to plug their skills gap will feel the pinch from the increases, starting with the Immigration Skills Charge.

Divorcing A Narcissist

April 10, 2017

Narcissisism is a personality trait referred to by Dr. Mark Banschick who developed the term “the Malignant Divorce”. He alludes to the narcissist as “completely self-serving and selfish.” It’s imperative to shield yourself emotionally whilst negotiating a divorce from a narcissist.

Adult Claimants and the Inheritance Act 1975

March 24, 2017

The Updated Position- Ilott v Blue Cross – Supreme Court

Trethowans Poole Office now Headway Accredited

March 22, 2017

Trethowans Poole office has now been listed in Headway’s 2017 Head Injury Solicitors Directory, along with the Southampton and Salisbury Offices, as meeting the appropriate criteria set down by Headway when dealing with brain injury personal injury cases.

Liability and Multi Party Accidents Abroad

March 10, 2017

THIS ARTICLE APPEARED IN THE NEW LAW JOURNAL ON 24 FEBRUARY 2017.

Probate fees: A new tax?

March 6, 2017

When a loved one dies the process of dealing with their assets involves submitting an account to HMRC, paying any tax due and obtaining a Grant to their estate. Currently the court fee for obtaining the Grant is £155 if obtained through a solicitor or £215 if you apply direct to the probate registry.From May court fees are set to change and the new fees are based on the value of the…

Discount rate reduction will benefit Claimants

February 27, 2017

The government has today announced a significant reduction to the discount rate that is used to calculate claimants’ future losses in personal injury and clinical negligence claims.  The discount rate had stood at 2.5% since 2001, but has now been slashed to – 0.75%. 

New Inheritance Tax Break: Will You Qualify?

February 27, 2017

Many of you will have seen the article in the telegraph this weekend about the new inheritance tax changes coming in from April. Billed by the conservatives as a £1,000,000 allowance the new changes are not as simple as that.

Government Announces Plans to Fix Costs in Clinical Negligence Claims

February 24, 2017

The Government has, last month, announced details of a proposed fixed costs regime for clinical negligence claims. The proposal follows on from costs being fixed for all personal injury claims worth up to £25,000 over the last few years.

Government Announces Increase to the Small Claims Limit for Personal Injury Claims

February 23, 2017

James Braund, specialist personal injury and clinical negligence solicitor at Trethowans LLP’s Poole Office, reports that the Government has announced that it plans to increase the small claims limit for Road Traffic Accident personal injury claims to £5,000.00 and for all other personal injury claims to £2,000.00. It is understood that the Government hopes to be able to…

Adult Inheritance Claims the Current Position

January 30, 2017

Claims by adult children for financial provision from parents’ estate have been a difficult subject for over 30 years. However, lawyers and the public should soon have greater certainty when the Supreme Court reaches a decision in the appeal of Ilott v Mitson, which it heard on 12th December 2016.

Brexit in the Supreme Court

January 27, 2017

We now know the Government lost the re-match 8 – 3. You’ve seen the flash reports and heard the instant reactions so I’m taking you to the heart of what’s arguably the most important judicial decision on our constitution for a generation.  

Ask the Expert: Why January Can Be a Testing Time

January 25, 2017

Family partner Emma Wilders-Pratt provides her advice to the readers of Winchester Lifestyle magazine on the testing time some families can experience over the Christmas period which can lead to life changing decisions in the New Year.

Family Mediation Week – Confessions of an All Issues Family Mediator

January 23, 2017

Mediation is less confrontational, less stressful, less expensive and less damaging in every respect and it offers couples an opportunity to move on from their relationship. They can create their future and continue to work together constructively, to the immense benefit of their children.

The Surrogacy Journey: Parental Orders

January 18, 2017

Under the law in England and Wales, the person that carries the child is the legal mother, regardless of whether there is a biological link or not. If the surrogate is married or in a civil partnership then her husband/partner is the second legal parent. Therefore, steps would need to be taken after the birth to ensure the intended parents are the legal parents.

Rightmove is not the only place to look for your dream home

January 18, 2017

Don’t assume Rightmove is the only place to look for your dream home.

Speed up your house move

January 17, 2017

How to quicken your property sale/purchase by around 4 weeks…

My Fathers Will

January 17, 2017

My father passed away in 2010. His second wife is 85 and still living in the house they bought. They made a Will (both single wills because of possible care home fees) My father's half was left to myself and two sisters, possibly grandchildren. Now my father has passed away my stepmother is saying we will not get anything and everything will go to HER two adult children, can she do this? We…

New campaign helps elderly in the south take control of their affairs

December 19, 2016

Building on lengthy experience in working with the elderly and vulnerable a leading law firm in the south is launching a campaign to encourage people to take control of their affairs and ensure the best possible care for themselves if their ability lessens.

Not the Usual Piece on Office Parties

December 6, 2016

I’m bored with the usual seasonal warnings about behaviour at works Christmas parties so here’s pause for thought from a judgement of the High Court last Thursday.

Good Divorce Week

November 28, 2016

As members of Resolution, a national organisation promoting the constructive and non-confrontational approach to all family matters, the Family Team at Trethowans will be supporting Good Divorce Week (28 November – 2 December)

The Right to Rent

November 21, 2016

Landlords of residential property should be familiar with the right to rent rules by now and well used to checking prospective tenants right to live in this country. This is a reminder that letting a residential property to a migrant who’s not entitled to be here becomes a criminal offence on 1 December. The sanctions are an unlimited fine and/or imprisonment for up to 5 years.

Your Will, your rights

November 17, 2016

“My oldest brother wants to see our parents’ Wills & mine to see what is left to him so he can plan for his future & make sure his children are okay. He has his own house, pension & is on his second marriage also taken early retirement due to ill health. Both our parents are poorly & I'm their main carer, I still live at home & dropped my hours so I can do more…

Your Digital Assets

November 14, 2016

Our increasing concern about security, privacy and protecting our identities online means that people are taking more care securing their digital assets, including making passwords more complex, not writing them down and changing them regularly. Whilst this is great when you are alive, it can make the task almost impossible for those left dealing with your estate when you die.

Autonomous cars: who’s at fault when they go wrong?

November 14, 2016

Everyone has seen the movies from the 1980’s and 90’s which predicted we would all be travelling around in vehicles that hovered or flew in the future. The one aspect that remained in all of these is that they were still piloted by a being behind the wheel. None seemed to contemplate that the vehicles would be computer driven; although, unfortunately, still on four wheels rather than…

Cheap conveyancing – dare you risk it?

November 11, 2016

Just ask yourself, why does the conveyancer have to price their service so cheaply? Desperate for work? Poor reputation, or a low headline rate, but then lots of hidden charges.

Government Proposes to Fix Costs on Clinical Negligence Cases below £25,000

November 10, 2016

It has recently been reported that the Department of Health is seeking to fix costs for medical negligence claims worth up to £25,000. 

Explaining the Brexit Judgement

November 7, 2016

The unwritten nature of the British Constitution creates a tension between the Crown, the Executive and Parliament. That tension is informed by convention and moderated by law which is why last Thursday’s judgement of the High Court is so important.

It’s not too late to buy and sell your home before Christmas

October 26, 2016

October has seen the usual influx of people who clearly want to celebrate their new home over Christmas. And there is nothing more rewarding for a conveyancer than to be the one who helps them do just that.

Divorcing at Halloween: Trick or Treat?

October 24, 2016

As Halloween approaches with ghosts and ghouls, pumpkin carving, and ‘trick or treating’, I wanted to take the opportunity to stress that if you are facing the sad inevitability that your marriage has come to an end, divorce need not be scary. Meeting with a solicitor need not be scary.

Government to Hold Fire on Further Whiplash Claims Reform

October 17, 2016

It has recently been reported that the Ministry of Justice has set aside plans which had previously been proposed for a further major overhaul of the personal injury sector.

Untying a knotty problem

October 7, 2016

The European Court of Human Rights has taken a surprisingly conservative line in the two major decisions it’s handed down on the subject of clothing and religious discrimination (I exclude Eweida as that wasn’t about clothing!).  Now the CJEU is grappling with the  issue and is challenged to come up with judgement of Solomon in a couple of cases which will be decided very…

Estate Agents can actually help the conveyancing lawyer

September 22, 2016

Conveyancers witness the work of so many estate agents in their day to day legal work, and any will tell you the quality ranges dramatically. Just as estate agents will say about conveyancing lawyers. A sure fire way to tell which estate agents a conveyancing lawyer rates might be if they promote the best on their legal website. But otherwise, simply asking a local lawyer who they rate is a good…

Estate Agents don’t get paid until the conveyancing lawyer achieves an exchange of contracts

September 20, 2016

It is easy to overlook the fact that the majority of estate agents only receive payment for the weeks, if not months of hard work that they put in to selling your property, if, and only if, they secure a buyer for your property who proceeds to an exchange of contracts.

Is Brexit Going to Change Personal Injury Claims?

September 6, 2016

A couple of months have now passed since the Referendum to Leave the European Union (EU), but it seems that much of the finer details as to exactly what this will mean may not actually be ironed out until Article 50 of the Lisbon Treaty is triggered (and it seems, at least at present, there is no immediate rush to do this). This could lead to a high degree of uncertainty for lawyers and litigants…

Former Rugby Player Sues Club Over Alleged Clinical Negligence

August 26, 2016

It has been announced that former Sale Sharks player, Cillian Willis, is suing the club for alleged clinical negligence during their LV cup game against Saracens back on 10 March 2013.

The Pleasures and Pitfalls of owning a Second Property

August 24, 2016

Many people either find themselves in the position of owning more than one property (even if temporarily during the administration of a relative’s Estate) or because they decide to purchase one for pleasure or investment purposes.

Tax and termination payments

August 17, 2016

Last year I wrote about changes to the rules concerning the taxation of termination payments. This has just arrived in the form of draft amendments to the Income Tax (Earnings and Pensions) Act 2003. There’s a consultation period on the text until 5 October and it’s proposed the new rules take effect in April 2018.

EU Nationals and Brexit

July 8, 2016

During the last couple of weeks we’ve become familiar with Article 50 of the Treaty of Lisbon and aficionado’s will have dusted off Articles 216 – 218 of the Treaty on the Functioning of the EU. Then we absorbed the maxim to keep calm and carry on; or we did until Monday when the Home Secretary and the Minister for Immigration threw us a curved ball. They declined to confirm…

Can pre Jackson Conditional Fee Agreements be assigned?

July 7, 2016

The legal community has, over the last few years, faced a significant degree of uncertainty regarding the ability to assign pre-Jackson Conditional Fee Agreements (CFA), also known as “no win no fee” Agreements. Assignment creates no new rights, but simply transfers existing rights from one party, the assignor, to the new party, the assignee. Under a CFA entered into prior to the Legal…

Unmarried woman takes up legal fight to have Bereavement Damages awarded to her

July 5, 2016

Recently the arguable shortcomings of bereavement damages have once again been brought into question when a woman has commenced court proceedings against the government to court for a breach of her human rights, in being denied bereavement damages. When her partner of 16 years died in 2011 she discovered, despite their long-lasting and serious relationship, she was not entitled to bereavement…

Inheritance Tax Law – The Residence Nil Rate Band

June 28, 2016

Proposed changes in the law mean you could save as much £140,000 in Inheritance Tax (IHT) when the family home passes to children on death.

Flood Re

June 24, 2016

Access to affordable home insurance is critically important when it comes to helping households recover from the severe financial impacts and damage caused by flooding.

“Fighting for all the right reasons”

June 2, 2016

A recent study carried out by charity Relate indicates that almost one in five couples in the UK, both married and non-married argue regularly. That equates to nearly 20% of all relationships being in conflict.

Good for business – compliments of a home moving client

May 20, 2016

Speaking as a conveyancer, there is nothing more rewarding for me than a client extolling the virtues of having chosen you. Whether because we made the process easy and hassle free, or we were expertly prompt, or we solved legal issues without breaking stride.

Minister of State for Justice indicates further proposed Reforms for Personal Injury Claims will go ahead

May 19, 2016

Earlier this month, the Justice Minister, Lord Faulks, indicated, in his keynote speech to the Association of Personal Injury Lawyers (APIL), that there would be “no retreat” from the government’s proposals to further reform Personal Injury Claims. He indicated that the government remained committed to scrapping general damages completely for “minor” whiplash claims and raising the small claims…

One Percent, 2 Percent, 3 Percent More!!!

May 17, 2016

The old nursery rhyme One Potato, Two Potato, Three Potato More has been applied by the Government but peel back the skin and the filling of this potato is much more costly than cheese and beans.

Healthcare Safety Investigation Branch to be set up to investigate failings of care in NHS Hospitals

May 16, 2016

The Secretary of State for Health, Jeremy Hunt, has recently announced that a new independent body will be set up to investigate sub standard care in NHS Hospitals and review the cause of all hospital deaths. The new Healthcare Safety Investigation Branch is due to come into existence from April 2018.

NHS proposes major closures to Poole Hospital Accident and Emergency Department

May 13, 2016

As part of the recent Clinical Services Review the NHS’s Dorset Clinical Commissioning Group has, this week, proposed that the Royal Bournemouth Hospital be designed the Dorset’s main Accident and Emergency Department.

Part 36 trumps Part 45: Broadhurst v Tan

May 13, 2016

As the Government recently reaffirmed its intention to press ahead with fixed costs for all claims worth up to £250,000.00 the Court of Appeal highlighted, in the case of Broadhurst v Tan, that such fixed costs did not apply in case where a Claimant has “beaten” its own offer at trial.

Vicarious Liability re-examined in recent case: Mohamud v Morrisons

May 12, 2016

In a recent case the Supreme Court has held that Morrisons supermarket were responsible for the actions of a member of staff who assaulted a customer.

Borough of Poole announces plans to increase 20mph zones

May 11, 2016

The Borough of Poole announced its intention to create 3 more 20mph zones. The zones are planned to be established in Poole town centre, Heckford Park and Longfleet, with the aim of improving road safety and considerate driving. The Borough has recently ended a consultation period on the zones with further announcements awaited.

Further Increases to Insurance Premium Tax announced in recent Budget

May 10, 2016

In the recent Budget Chancellor George Osborne announced an increase of 0.5% in Insurance Premium Tax, which will now stand at 10% in total.

As the sun comes out, so do the motorbike riders!

May 6, 2016

As the weather gets warmer and the roads drier, so the time of year approaches where the leathers are dusted off, a new shine put on the helmet and the motorbike is dusted off ready for another year of glorious riding in the sun.

The Skilled Worker Rules

May 6, 2016

The government has recently announced important changes to Tier 2 of the Points Based Immigration System. This is the route designed for employers importing skilled workers from outside the EEA for a job which is a recognised shortage occupation alternatively for which the sponsor has been unable to recruit a suitable candidate from within the EEA. 

Non-Compete Clauses & the Movement of People

April 29, 2016

In eerie juxtaposition with my piece last week about the EU Trade Secrets Directive, Sajid Javid MP (Secretary of State for Business, Innovation and Skills) launched a consultation exercise last Sunday about banning non-compete clauses in employment arrangements. He says they could be stifling British entrepreneurs from leaving their employers to start their own ventures. The Minister “is…

Change in Court Fees

April 22, 2016

Following a debate in the House of Lords, and with only minimal notice to practitioners and Court staff on Thursday 17 March 2016, and even less opportunity to advise clients, it was announced that the court fee for issuing a Divorce Petition would rise from £410 to £550. Only a few days later on Monday 21 March, the rise came into effect representing a staggering 34% increase.

“For as long as you both shall live …” But get your ducks in a row first.

April 22, 2016

Getting married? So you have chosen your venue, booked a caterer, decided on a colour scheme, contemplated killing the mother-in-law or mother or both……. But have you considered a Pre-Nup?

Inheritance Tax: once more a pressing issue for local residents

April 6, 2016

After two successive manifestos promising a £1,000,000 inheritance tax free band and after the General Election result which should have heralded this welcome change we now find that the situation, whilst still unclear, will certainly be somewhat different from that indicated.

The Rise of the Second Marriage

April 4, 2016

The number of people over the age of 60 getting divorced has risen since the 1990s. According to the Office of National Statistics (ONS), in 2012 the largest percentage increase in the number of marriages between 2011 and 2012 was for men and women aged 65 and 69 rising by 25% and 21% respectively. The recent marriage of Rupert Murdoch and Jerry Hall seems to be following the trend.

The Stamp Duty Rush

April 1, 2016

The Stamp Duty rush highlighted shoddy conveyancers and the estate agents who recommended them – who to avoid in the future.

Pensions, Tax Reforms and Checking Out…

March 30, 2016

A lot has been written about being able to take your personal pension (as distinct from company provided) from age 55 onwards and the unfortunate tax consequences, which ensue unless it is very carefully handled. Less is written about the wisdom of spending your pension early… Perhaps it is obvious.

Court Fee Rise

March 24, 2016

Following a debate in the House of Lords last week, and with only minimal notice to practitioners and Court staff on Thursday 17 March, and even less opportunity to advise clients, it was announced that the court fee for issuing a Divorce Petition would rise from £410 to £550.

Contested Wills & Probate

March 21, 2016

Contested Wills remains a significant issue for individuals and charities with increasing property prices and estates, together with a greater willingness of disappointed parties to challenge Wills. The legal position can be complicated and early advice is often essential.

Breaking Budget news

March 16, 2016

Despite the Governments’ published ‘consultation’ on increasing stamp duty being almost ripped apart by criticism from a multitude of fronts, the Government has dramatically proceeded to hit home buyers with a 3% increase in stamp duty in today’s Budget.

Annual Increase in Compensation Limits

March 15, 2016

From 6 April 2016, the statutory limit for a week’s pay will be increased to £479 (currently £475) and the maximum compensatory award in unfair dismissal claims will raise to £78,962 (currently £78,335).

The Disclosure and Debarring Service

January 27, 2016

Ms P is 47. She worked as a Teacher in Spain and Greece until 1997 when she became unwell. Her condition was neither identified nor treated until 2000 when she was diagnosed with schizophrenia. 

Privacy at Work- Barbulescu v Romania

January 14, 2016

As readers may be aware, there has been much discussion generated about the European Court of Human Rights case of Barbulescu v Romania.

Conveyancing and quick deals – more of the same or a new dynamic 2016?

January 14, 2016

New year, new chance. But who will care?

Litigant in person named and shamed

January 4, 2016

Litigant in person named and shamed to highlight the challenges faced by the family court 

Charity dinner is a record-breaker

December 16, 2015

Staff from Salisbury-based legal firm, Trethowans, have helped to raise £5,600 for people with spinal injuries.

Q2 Immigration statistics

November 27, 2015

The immigration statistics released by the ONS yesterday are a snapshot of the situation to the end of Q2 2015 (30 June). My interpretation of the headlines and comparing Q2 with Q1 is this:

Autumn Spending Review

November 26, 2015

The Autumn Spending Review contained news for all of us who deal with Employment Tribunals and courts – though we are a little bemused by the following sequence of statements:

Unmarried: Do I have any rights to the house?

November 26, 2015

A common misconception is that unmarried couples have the same legal rights as married couples when it comes to relationship breakdown. The truth is that the law actually leaves unmarried people relatively unprotected when it comes to dividing the assets at the end of a relationship; essentially what you own is yours and what your ex owns is theirs. But does this approach also apply to the house?

Family Dispute Resolution Week

November 24, 2015

This week is Family Dispute Resolution Week

No duties and no risk for the self employed?

November 4, 2015

This article will appear in a forthcoming edition of the Daily Echo Hampshire Business Supplement.

Closing Courts

October 16, 2015

Between 2011 and 2014 the Ministry of Justice closed approximately 140 courts and tribunals in England and Wales.  It has recently undertaken another review and proposes to close a further 91.

Be full and frank or be warned!

October 15, 2015

On the 14th October 2015 The Supreme Court sent a very clear message to anyone who intends to hide or mislead the courts in family proceedings.

The Immigration Bill 2015

October 9, 2015

This year’s immigration bill has its second reading next week.  Its more eye catching proposals are:

The UN Convention on Refugees

September 4, 2015

I’ve recently argued a case under the UN refugee convention so find myself reflecting  on the current tragedy with rather more than a humanitarian perspective. The UK was one of the original signatories to the convention along with Australia, Austria, Germany, Greece, Iraq, Turkey, the former Yugoslavia and others.

What does your conveyancing solicitor mean by ‘completion’ of your house move and at what point does it happen?

September 1, 2015

‘Completion’ is the date set in the contract for when the transfer of legal ownership is to take place (i.e when the buyer sends the seller the sale prices, and the seller then releases the keys to the property).

Slow conveyancing equals bad PR

August 25, 2015

Conveyancers are instructed to buy or sell a property. That is the brief, the end result. The longer they take, the less popular they will be in the eyes of their clients, but also in the eyes of fellow conveyancers, their clients, the estate agents and mortgage advisers.

Your home move, and the avoidable two week delay

August 18, 2015

Sounds easy, doesn’t it; the selling lawyer receives verbal instructions to handle the legal work in selling the client's home, they immediately go onto the Land Registry website to obtain a copy of the registered title deeds from which they type up the contract papers, dispatching them to the buyers' conveyancer….that same day.

Where conveyancing profit can motivate a breach of Solicitors’ Code

August 6, 2015

The Solicitors Regulation Authority (SRA) demands a high level of ethical standards for Solicitor practices for the benefit of their clients, the general public.

Moving Home: How long will it take?

August 3, 2015

At Trethowans we expressly inform conveyancers of our target of 4 weeks to an exchange of contracts.

A week in the life of a Conveyancer

July 31, 2015

You have read what a day in the life of a conveyancer is like, now here is a what a whole week is typically like:

Immigration Scam

July 28, 2015

Colleagues in the fraternity of immigration lawyers are reporting that a nasty scam is doing the rounds.  It’s preying on the vulnerabilities of bona fide visa holders.

Choosing the wrong conveyancer and the wrong estate agent

July 15, 2015

Which is worse, choosing the wrong conveyancer or the wrong estate agent? Both can cost you financially, and in terms of stress.

July Budget- What this means for our Clients

July 9, 2015

George Osborne has, this week, announced a change in the inheritance tax allowance which, by April 2020, will allow a couple to pass on their main property with a value of up to £1million to their children or grandchildren without paying any inheritance tax. A word of warning. This applies only to houses left to the children. It does not apply to other family assets.

Travelling Time Is Working Time

June 19, 2015

You might think the tentacles of the Federacion de Servicios Privados del sindicato Comisiones Obreras can't possibly stretch to the UK. That doughty French Advocate General of the CJEU, Yves Bot, has other ideas. He's just published guidance to the Court which will ruffle feathers if it is followed – and the Court usually does follow the AG.

Don’t forget – your conveyancer is also a party to your home move

June 15, 2015

Really? They do not own your house, they are not contributing money to the purchase. So why are they a party when it comes to you moving home?

Restrictive Covenants

June 9, 2015

The slow return of corporate confidence and the unexpected clarity of the colour of our new government have brought restrictive covenants back to the fore.  I am currently creating restrictions for one client and trying to avoid covenant litigation for three others. 

The costs of owning a flat

May 18, 2015

As with a freehold house, you can expect to pay the usual utility bills (e.g gas, electricity, water and telephone), and of course Council Tax.

Does my conveyancer need to see my survey report?

May 13, 2015

Few conveyancers will ask for sight of your private survey. Aside from running into dozens of pages, it is of course your private health check report, guiding you as to whether you should buy the property, which you will have walked around yourself and made an offer on.

Don’t forget to agree a target timescale when moving home

May 11, 2015

Don't forget to agree a target timescale when moving home.

Is there a time limit on claiming money from an ex-partner after divorce?

May 1, 2015

Let me tell you a true story.

The weird language of conveyancing

April 29, 2015

Ever heard a lawyer mention 'disbursements', 'office copies', 'TT fee', 'fee earner', 'exchange of contracts', or 'completion'? Conveyancers hear these words all the time, but what do they mean?

Why would a law student want to be a conveyancer?

April 27, 2015

Ask a conveyancer why they enjoy their job, and you will hear such positive things as:

Why are conveyancers so expensive? Or are they…

April 23, 2015

In comparison to what? If against estate agents, mortgage advisers, mortgage lenders, surveyors, removal men, then they are one, if not the lowest priced, yet for all the weeks of work they do for their client.

Should I have a survey carried out when buying a house/flat?

April 22, 2015

Second hand houses/flats do not come with a warranty, like a car might, so when buying one, it is down to you to make sure there are no costly repairs needed as soon as you move in. For example, roofs that need replacing, the building sinking into the ground, walls cracking, drains blocked.

Civil Court Levy

April 17, 2015

As of 9 March 2015 civil courts will levy a 5% fee on all claims valued at more than £10,000, with the maximum fee capped at £10,000. This represents a hefty 420% increase. As a partner in our Personal Injury Team, specialising in occupational disease claims, you might expect me to be concerned about the changes, and of course I am. By way of example, I was forced to issue a case last…

How quickly should a conveyancer do the legal work on a property sale/purchase?

April 16, 2015

Conveyancers should be prompt, never 'quick'. Quick suggests errors, and errors can cost you dearly.

Why not ask your conveyancer which estate agent you should use?

April 14, 2015

As you might imagine, conveyancers work with all the estate agents around their offices, and so will know who perform well, and who do not.

£47 + VAT conveyancing fees

April 13, 2015

By any standard that would completely disrespect your property move. But low headline conveyancing fees can be persuasive – unless you appreciate that with low cost of course comes reduced service, or quite possibly hidden charges, making the final bill vastly different.

The Busy Conveyancer

April 10, 2015

Popularity is one thing, but a conveyancer who finds themself too busy to communicate with you, whose assistant may take over, or where the level of service you were expecting drops to an unacceptably low level, is a situation you should avoid – your property sale/purchase is too important to face such service.

All packed and ready to go?

April 7, 2015

Some of the holiday essentials when planning the well earned break over the Easter holidays.

Spring clean your affairs

April 7, 2015

With spring in the air, we all begin to dust off those winter cobwebs and start the tidy up of our homes and gardens. At that same time, why not consider a spring clean of your financial affairs? For example, what provisions do you have in place for your loved ones if the worst were to happen? Has your Will been reviewed on a regular basis? How organised are you if one day you no longer had the…

Trethowans LLP Lawyer named in Vouched For’s UK Top Rated Solicitors in the Sunday Telegraph

March 31, 2015

James Braund, personal injury and clinical negligence solicitor at Trethowans, has been named as one of the UK's leading solicitors by Vouched For, in its guide to the UK's leading solicitors, accountants and financial advisors, published in the Sunday Telegraph.

Essentially Unwilling

March 20, 2015

My client is a highly qualified professional man from South East Asia who came to this country in 2006. He has remained here lawfully on a series of student and work visas. Last year he married a British citizen and applied for limited leave to remain on the basis of his marriage.

A March Miscellany

March 13, 2015

Disciplinary Procedures

Asbestos in schools

February 19, 2015

I have been very busy building up an occupational disease caseload since I joined the firm as a partner in the Personal injury team earlier this year. My main focus is on respiratory diseases, especially those caused by asbestos exposure, and I now act for over twenty newly diagnosed victims of mesothelioma, asbestosis, asbestos lung cancer and pleural thickening. I deal with every such case on a…

The Diffuse Mesothelioma Payment Scheme: Changes to tariff rules

February 17, 2015

What this means for Asbestos Victims

Country & Legal: Draft Infrastructure Bill

February 9, 2015

This article was published in Blackmore Vale Magazine on 6 February 2015.

Choosing Your Child’s School

February 5, 2015

Parents have always had the unenviable task of completing school admission applications for the following academic year. Gone are the days when children would simply move on from primary school to their catchment secondary school. Instead, parents are now required to carefully consider what suits their child best and set out their choice of schools in order of preference. Then there is the…

Minimum Income Threshold

January 23, 2015

One of the more challenging aspects of my immigration practice is trying to assist families kept apart by the minimum income threshold in the Immigration Rules. In a nutshell this requires applicants or their partners (parents in the case of children) to have an annual gross income in the UK of at least £18,600 (more if they have dependent children) alternatively savings of up to…

Property Deeds Fraud: Whos at Risk?

January 21, 2015

In three words – all of us. The vast majority of properties in England and Wales are registered at H M Land Registry and therein lies the problem.

A Monday Mind Mangler

January 19, 2015

Ewaen Ogieriakhi was Nigerian. In 1998 he sought asylum in Ireland. While waiting for a decision on his application he married Laetitia Georges, a French lady living in Ireland under EU Treaty Rights. In 1999 Ewaen was granted temporary residency in Ireland.

Disqualification by Association

January 16, 2015

The Department for Education recently revised its advice on safeguarding children up to the age of 8. The advice stands as a new interpretation of the disqualification criteria under the Childcare (Disqualification) Regulations 2009. These disqualify people cautioned for or convicted of certain violent or sexual offences from working in nurseries, primary or secondary schools.

Your Choice Of Medical Expert Threatened

January 14, 2015

Under amendments to be made to the Pre Action Protocol for Low Value Personal Injury Claims in the Road Traffic Accident Protocol a Claimant will no longer have free reign to instruct any expert they wish, to prepare medical evidence in support of their claim.

Things to consider before you go on that Skiing holiday

December 22, 2014

Recent high profile cases such as that of Michael Schumacher have raised the profile of Skiing and safety issues. However, whether there is going to be any snow or how deep it will be should not be your only concern before you hit the slopes this winter. Where you book your ski pass could be a big problem if things go wrong.

Further Plans to Address Dishonesty in Claims Proposed

December 12, 2014

The Criminal Justice and Courts Bill, which is currently being considered by Parliament, is expected to be passed into law by early next year (probably April 2015). The current Clause 49 concerns personal injury claims where a finding of fundamental dishonesty has been made. It is important to note that this Clause only applies to personal injury claims and not other civil claims.

Country & Legal: Cap alert!

December 12, 2014

This article was published in Blackmore Vale Magazine on 30 November 2014.

Holey-moley my poor garden!

November 17, 2014

Now I know I hear you cry that I'm making a mountain out of mole hills, but there really is nothing more devastating than seeing your beautiful garden be invaded by mole hills and vein-like surface tunnels. Sadly moles' poor eyesight means they completely bypass the no entry signs when it comes to our gardens. It's not only the lawn that is under threat, root and bulb disturbance are…

Trethowans LLP personal injury and clinical negligence team recognised in Chambers & Partners 2015

November 11, 2014

The personal injury and clinical negligence team at Trethowans LLP have received further recognition in the renowned Chambers & Partners 2015 edition. Chambers & Partners have been publishing their guides to the legal profession since 1990, carrying out an independent review of law firms and canvassing opinion from clients, contacts and other law firms.

Trethowans legal firm continues to impress

November 11, 2014

Leading Solent law firm Trethowans is proud to announce that 22 of its lawyers and nine of its legal teams have been praised by the Chambers UK 2015 Directory.  These results mean that 80% of Trethowans’ partners have been independently recognised as leading experts in their legal fields.

Law provides for presumption of parental involvement

November 11, 2014

Back in 2011, the Family Justice Review chaired by David Norgrove recognised that "most children benefit from a relationship with both parents post separation" and "shared parenting should be encouraged where this is in the child's best interest".  However, it recommended against a change in legislation that would create a legal presumption of shared parenting.

Are you ‘tyre-safe’?

October 31, 2014

This article was published on Cornish Mutual's guest blog on 31 October 2014.

Pyongyang Postponed

October 31, 2014

Last Tuesday evening the House of Lords rejected most of the governments proposed changes to Judicial Review. In this context the Criminal Justice and Courts Bill proposes to:

Shared Parental Leave; don’t shoot me, I’m only the messenger!

October 17, 2014

Shared Parental Leave (SPL) is upon us. It will apply in the case of any child expected to be born on or after 5 April 2015. Make yourself a double espresso, reach for a fresh flaky croissant and here we go:

Solent law firm Trethowans expands into new premises

October 9, 2014

Leading Solent regional law firm Trethowans has announced the relocation of its Southampton Office to Botleigh Grange Business Park at Hedge End.

The High Court provides further clarification on Rome II

October 9, 2014

Judgment was handed down earlier this week in the case of Winrow v Hemphill, where an English Claimant had been injured in a crash which took place in 2009 in Germany.

Repealing the Human Rights Act

October 2, 2014

In his speech to the Conservative Party conference yesterday the Prime Minister said "…and as for Labour's Human Rights Act? We will scrap it once and for all." Repealing the act is quickly done but it begs the question, what's the point?

Country & Legal: Badgers versus hedgehogs

October 1, 2014

This article was published in Blackmore Vale Magazine on 29 September 2014.

Passengers & your duty of care

September 30, 2014

This article was published on Cornish Mutual's guest blog as part of their first Young Driver Awareness Week, taking place between Monday 29th September – Friday 3rd October 2014.  As well as special guest blogs, it features videos highlighting the biggest dangers that young drivers face.  To get involved please follow #YoungDriverAwarenessWeek.

The new health and work service

September 15, 2014

The new Health and Work Service starts in October 2014 and will be fully operational by May 2015. The government has out-sourced the service to Health Management Limited (HML), a subsidiary of Maximus Inc, a US corporation which manages social programmes in the USA, Canada, Australia, Ireland and Saudi Arabia.

The duty to make reasonable adjustments

September 12, 2014

The case of Coleman v Attridge Law found that an individual could be discriminated against because of their association with a disabled person. For example, if an individual is dismissed because their child was disabled and, as a result, they were likely to take significant amounts of time off work to care for that child, then that dismissal would be automatically unfair. This decision was…

Illegality

September 11, 2014

In a notable act of compassion on 30 July 2014, the Supreme Court ruled that an employer's defence of illegality (to a claim of racial discrimination on dismissal from unlawful employment) was trumped by a public policy point that this is an affront to justice (Hounga v Allen). The facts of the case are bleak but speak for themselves.

Disability discrimination

September 10, 2014

In 2013, the Danish courts referred the case of Kaltoft v Municiaplity of Billund to the Court of Justice of the European Union (CJEU) to determine whether obesity constitutes a disability.

The rule of law (part 2)

September 9, 2014

In 2012, the Immigration Rules were amended to create a requirement that anyone sponsoring the entry to the UK of a non EEA spouse must demonstrate a minimum income of £18,600 gross per annum.  The change was, of course, driven by political considerations but it also had important economic implications.  It was estimated to produce savings of £530 million on welfare…

Well done Kingston Maurward, Dorchester, students

September 8, 2014

This article was published in Blackmore Vale Magazine on 2 September 2014.

The taxation of termination payments

September 8, 2014

The Office of Tax Simplification is completing a final consultation into the taxing of termination payments made to employees at the end of their employment. The government believes that these payments give rise to confusion over how they should be taxed.

Penalty clauses

September 5, 2014

The EAT has revisited the old chestnut that is employees leaving without working their notice. Some employers try to mitigate the damage through the employment contract but Li v First Marine Solutions Limited and Moutrey shows that this is not as simple as it appears.

The rule of law (part 1)

September 4, 2014

It has been a bad month for the Rule of Law.

Dismissals and reasonableness

September 3, 2014

Kevan Sweeney was a Fireman with Strathclyde Fire and Rescue. He was under stress and, in March – June 2010, took a short term assignment overseas.  He failed, however, to follow Strathclyde's HR procedures so his absence was unauthorised. He was suspended on his return and in August 2010 was given a final written warning. In the meantime, Mr Sweeney assaulted his wife and broke…

References

September 2, 2014

A recent case in the High Court, AB v A Chief Constable, considered whether the Chief Constable of a police force had a duty to provide further information to an employee's potential new employer that included details of outstanding disciplinary action and a long period of sickness absence, when he had previously provided a standard reference.

Flexible working

September 1, 2014

Rachel Collins primed us for the new rules on requests for flexible working in our last bulletin. Since then, we have had time to reflect on the unintended consequences of tweaking by secondary regulation. How about reduced scope for claims of discrimination by parents and carers because the rights which they previously enjoyed, exclusively, are now open to all of us subject to qualifying service…

The Family Test – Rhetoric & Reality

August 29, 2014

The Prime Minster has announced a new Family Test which will be applied to all domestic policy. He said:

What are provisional damages?

August 29, 2014

The use of provisional damages is becoming more prevalent in personal injury and clinical negligence claims.  But what exactly are provisional damages? Personal injury and clinical negligence compensation has always traditionally been paid in a lump sum in full and final settlement of a successful claim.  Once settled, there is no scope to re-open a case and pursue additional…

Vicarious Liability – When is an employer responsible for his employee’s actions?

August 22, 2014

Accidents and injuries at work or in public places are often caused by an individual’s negligence. So how does an injured person go about bringing a claim in such circumstances?

High Court stress need for due diligence in cross border cases

August 18, 2014

In the case of HYDE v SARA ASSICURAZIONI SPA (2014) the High Court decided that a cap on the amount of damages that could be awarded to a British claimant in a road traffic accident in Italy, under an Italian insurance policy, was not to be reduced to take into account the fact that other claims made in respect of the same accident had already been paid out, because the insurer had not used due…

Rights of Way – no laughing matter

August 12, 2014

This article was published in Blackmore Vale Magazine on 25 July 2014.

Capacity & Children

August 4, 2014

Parents of vulnerable children will find themselves embroiled in a world of care and/or medical decisions that in some cases will have to be taken on a daily basis. Over time they will develop an understanding of the complexity of their child’s unique medical and care needs. They will be consulted by all professionals involved in their child’s care, placing them, justifiably in a…

Trafficking, Illegality and Compassion

August 4, 2014

In a striking act of compassion the Supreme Court ruled that an employer's defence of illegality was trumped by public policy that this is an affront to justice. I'll let the facts speak for themselves.

The Rule of Law (The Sequel)

July 28, 2014

I can't remember when the Home Secretary last went to court and came out smelling of roses but it's just happened and should be acknowledged.

The Rule of Law

July 18, 2014

It has been a bad couple of weeks for the Rule of Law.

Conveyancing – It’s about exceeding clients’ expectations

July 14, 2014

The quality of conveyancing in England and Wales ranges wildly.  The best people to know this are Estate Agents who face conveyancers day in/day out, and of course, conveyancers themselves who deal with opposite law firms as part of their work.  Every conveyancer has their own mental list of who they would never recommend to their friends and family, let alone to a client – and the reason…

The elasticity of reasonableness

July 11, 2014

Kevan Sweeney was a fireman with Strathclyde Fire and Rescue. He was under stress and in March – June 2010 took an assignment overseas. However he didn't follow Strathclyde's procedures so his absence was unauthorised. He was suspended on his return and in August 2010 was given a final written warning. In the meantime Mr Sweeney assaulted his wife in July 2010 and was prosecuted. He…

Conveyancers – too slow?

July 7, 2014

Moving home is highly emotional.  You agree an offer and you want to move in/out to a timescale that you want.  Sadly, this is rarely possible.  First a buyer must finalise their mortgage.  This can run into weeks of paper pushing.  They will also arrange a survey which can take place often a week or ten days.  And in parallel with both of these they will (as you…

Requests for flexible working

July 3, 2014

My readers in the UK will have heard about the new rules on requests for flexible working arrangements but what about the unintended consequences of social engineering by secondary legislation?  How about reduced scope for parents and carers to claim discrimination as the rights they previously enjoyed exclusively are now open to all of us (subject to qualifying service and the bureaucracy)?…

Teat tampering is udderly despicable

July 2, 2014

This article was published in Blackmore Vale Magazine on 28 June 2014.

How long should a house sale or move take?

June 30, 2014

The answer is that it depends on how quickly you and your seller and every other party in the chain want it to take.  If you are the buyer of the property your seller will have their preference, and if they are buying onwards their own seller will also have a preference and so it continues.

Beware the dreaded Chancel Repair Liability

June 27, 2014

This article was published in Blackmore Vale Magazine on 24 June 2014.

Out of jurisdiction – out of mind?

June 26, 2014

The world is becoming an increasingly smaller place. With various international travel modes providing cheaper and cheaper fares and with the globalisation of business – the simple fact is that more people are travelling abroad than ever before.

You must see our Mortgage Adviser if we are to accept your offer to buy our client’s property

June 25, 2014

How frequently home buyers report to us – and a search on Google will also reveal – being told by certain estate agents that their offer will not be accepted, or they cannot view a property, unless they meet with the estate agent's own in-house/external mortgage advisers. This is despite the fact that the buyer already has a mortgage adviser (most do after all when making an…

How many conveyancers does it take to screw in a lightbulb?

June 16, 2014

OK, so we now have your attention.

What amounts to a deprivation of liberty?

May 22, 2014

At first this appears a very straightforward question, it conjures up images of being physically restrained, held against your will. What if no one can establish what your wishes are, what if there is no need to physically restrain you as you tacitly agree to be there? Or the other extreme where you have to be restrained for your own protection or the protection of others?

What a relief

May 21, 2014

The 73rd Update to the Civil Procedure Rules comes into force on 5 June 2014.

Psychiatric injury law – more injustice in the wake of Hillsbrough

April 15, 2014

The current law on psychiatric injury for so-called 'secondary victims' is under scrutiny, 25 years on from the Hillsborough disaster.

Is your conveyancer up to the job if things go wrong?

April 9, 2014

Things can go wrong, and the key is to have secured an expert conveyancing solicitor who can make instant decisions and offer solutions. Even to step up and carry out the other conveyancer's role if they are not up to the job.

House buying and selling in a chain – what if someone is late on the completion day?

April 8, 2014

It can happen, and when it does, you just hope that your conveyancing solicitor is up to the task of finding a solution.

Exciting confidence in the housing market

April 2, 2014

According to a report from property researchers Hometrack buyers are paying the highest proportion of asking prices seen for a decade; the proportion of asking price paid in March was 96.2%, the highest since 2004. Indeed, across England and Wales, the length of time properties are typically spending on the market before being snapped up has dropped to just under eight weeks for the first…

Marriage – Same Sex Couples – Review Your Wills

March 31, 2014

As you would have heard in the media, it became legally possible for same sex couples in England and Wales to marry and the weekend saw a number of same sex couples getting married.

The frustrations and chuckles for conveyancing solicitors

March 31, 2014

The standard of legal conveyancing ranges hugely in the market place, and choosing a quality conveyancer is therefore a very difficult task.

Grandparental contact

February 25, 2014

It is estimated that approximately a quarter of a million grandparents in the UK have no contact with their grandchildren and that approximately one million grandchildren are losing out on a special relationship with their grandparents.

Last-time buyers: avoiding the risks in securing your final home

February 25, 2014

How frequently you may have previously bought and sold property does not make you immune from mistakes. If you are purchasing your final home, you then have to live with the mistakes.

Court of Appeal in important cross-border decision

February 24, 2014

The long awaited appeal decision in the case of Steven Wall v Mutuelle de Poitiers Assurances (2014) was handed down on 20 February, with all three judges firmly in agreement:  Where a claim had been brought in England by a Claimant who had been injured in France, the question of how expert evidence was to be presented for the purposes of assessing damages would fall to be determined by reference…

Common mistakes made by conveyancers

February 24, 2014

The list can run into hundreds of points. It is so very important that you secure an expert conveyancing solicitor, rather than be herded to cash paying conveyancers putting profit before your best welfare.

What can you do when your conveyancer goes on holiday?

February 21, 2014

Early signs of a busy conveyancer might be the delegating of tasks to non-qualified support staff.  Imagine the situation when the conveyancer then goes on holiday.

Care and assistance in personal injury claims

February 14, 2014

When personal injury solicitors explain the concept of including a claim for gratuitous care and assistance to a client, one of the most common responses from the client is “I didn’t realise I could claim for that!”.

Thinking of a family holiday in the sun?

February 14, 2014

With Christmas over and the winter seeming to drag on indefinitely, many of us are now turning our minds to sunnier climes and potential holiday destinations.  For the vast majority, this can be an exciting prospect and something to look forward to.  However, if you are a single parent, booking a foreign holiday for yourself and your children can become a legal nightmare, fraught with…

Accidents at Work in the wake of The Enterprise and Regulatory Reform Act 2013

February 12, 2014

Few Acts of Parliament in recent years have polarised the views of commentators more than the Enterprise Act 2013 which came into force in October last year. Supporters heralded the provision as crucial to cutting red tape and making domestic businesses competitive, while critics suggested it was a return to the age of Victorian style work house health and safety. As we approach the first…

Estate of mentally incapacitated man may not be liable for outstanding care home fees under s7 Mental Capacity Act 2005

February 6, 2014

The High Court has recently allowed an appeal against the decision in Aster Healthcare Limited v The Estate of Mr Mohammed Shafi (by its representative Mrs Batool Shafi) that his estate should pay outstanding care home fees to the care home.

Attorneys and Deputies duties of investment

February 5, 2014

The decision in the Court of Protection (COP) in the case of Buckley has highlighted the obligation of Attorneys and Deputies with regards to investing assets.

Attorneys and Deputies making gifts

February 4, 2014

A case in the Court of Protection (CoP) has provided clarification for many Deputies and Attorneys on their ability to make gifts using monies belonging to someone who lacks mental capacity (P).

Supporting the collaborative approach

January 21, 2014

With the New Year comes “Black Monday”, the start of a week during which family lawyers generally experience a two-fold increase in new instructions.

Crackdown on fraudulent whiplash

January 20, 2014

The Ministry of Justice have now announced that they will begin setting up approved medical panels to assess whiplash claims. The steps are one of the government’s main attempts to look to try and reduce the number of whiplash claims.

Collaborative Law: Divorce without Court

January 17, 2014

Separation and divorce are traumatic and can be a time of great distress and upheaval for all concerned.  The turmoil felt by the couple themselves can ripple out to children, other family members and friends.  It can be difficult to know where to start or how to see a way forward and many people are concerned about the legal costs, uncertainty and acrimony of taking court action.

Mitchell Appeal unlikely to go to Supreme Court

January 15, 2014

It has been reported that the case of Andrew Mitchell MP v News Group Newspapers Limited is unlikely to be taken any further on appeal to the Supreme Court. The Law Society Gazette yesterday stated that Mr Mitchell’s solicitors had indicated that they have been advised that a further appeal is unlikely to be successful.

High profile skiing accidents highlight the need to take care

January 8, 2014

Every winter thousands of Britons flock to the slopes of Europe for the ski season. But this year the last week has seen two high profile skiing accidents as German Chancellor Angela Merkel nurses a fractured pelvis, whilst Formula One motor racing star Michael Schumacher fights for his life in a medically induced coma following major brain surgery. Such accidents show that skiing can be a very…

Including digital assets in your Will

December 13, 2013

A staggering 70% of 65-74 year olds in the UK are now online.

Changes to Child Maintenance

December 12, 2013

To quote the famous playwright, William Shakespeare, “What’s in a name? That which we call a rose by any other name would smell as sweet.”

Christmas comes early for Agricultural Employers?

December 11, 2013

Agricultural and horticultural workers may not be overly joyful this Christmas. On 25 June 2013 the Agricultural Wages Board (AWB), which has set minimum wages and other terms and conditions of their employment since 1948, was dissolved.

The end of Chancel Repair Liability?

December 10, 2013

Not even close, well, so say the conveyancing search companies.

The removal of trustees who lack capacity

December 6, 2013

This article appears in the December 2013 issue of the STEP Journal and was written by Kelly Greig TEP, an Associate and Head of the Private Client Team at Trethowans, and William East, a Barrister at 5 Stone Buildings.

What deposit does my conveyancing solicitor need, how, and when?

December 3, 2013

When a conveyancing solicitor talks about a ‘deposit’, they mean just one thing. The amount of money (usually 10% of the purchase price) that a buyer is obliged to pay to the seller at the point of exchange of contracts. This is a part-payment of the purchase price, which if the buyer then fails to honour and ‘complete’ the contract after the completion date, the part-payment can actually be…

Changing conveyancers part way through? Easy.

December 2, 2013

Few people realise it, but if you are not happy with your conveyancer, for example how you ended up with them and their service, you can switch. And at any point. Your new conveyancing solicitor will explain what to do, and it should not cause much of a delay. There will be few conveyancers who have not taken on a client in this way, and their task is to always mange the transfer as quickly and…

The dangers of failing to comply with Court deadlines – Andrew Mitchell MP v News Group Newspapers Limited

November 29, 2013

The Court of Appeal has refused an application made on behalf of Andrew Mitchell MP in his claim against The Sun newspaper, after it published an article suggesting that he had sworn at and called police officers “plebs”.

What does my conveyancing solicitor do for me?

November 29, 2013

 

Conveyancing Solicitors they are your minders

November 28, 2013

A conveyancing solicitor– who is also obliged as much by the Solicitors Regulation Authority (SRA) – is paid to have your best interests first and foremost. Not profit, not gain, but your welfare. Their client.  Conveyancing solicitors are there to make sure the opposite party (i.e your buyer or seller as applicable) does not pull the wool over your eyes. They will also comment on your…

“You can’t get the best on the cheap” quality conveyancing?

November 27, 2013

Conveyancing, for those who have never bought or sold a house, is the legal process necessary to secure the transfer of legal ownership from seller to buyer. A sale is usually carried out in seven steps and a purchase in eight.

House buying and selling: fence-sitting and the deals passing you by

November 26, 2013

There will always be those people who need to buy and sell houses. For example job relocation, retirement/downsizing, death, and divorce. But for those who do not have to move, many will fence-sit, many have been fence-sitting, and yet deals have been passing by – even during the last 5 years’ downturn in the market – in their tens of thousands despite the media doom and gloom…

Dispute Resolution Week

November 25, 2013

Trethowans' family team is pleased to support Resolution's Dispute Resolution Week.

The key to a smoother and quicker home move? Preparation.

November 19, 2013

Buyers:

The impersonal client update: Conveyancing Online Case Tracking

November 18, 2013

Clients who move home quite rightly want to know what their conveyancing solicitor is doing and at what stage they have reached. Most would expect regular telephone calls, or detailed and personal emails. And that is how so many operate. The personal service.

Estate agents are human beings. It’s true. They hurt, they have feelings…

November 15, 2013

And the overwhelming majority are as hardworking, honest and committed as you and I. But a search using Google might have you believe otherwise. However, if you are to avoid being too quick to fall into the cliché view of them as drivers of flash sports cars, having over-gelled hair, brick mobile phones and shiny suits, do remember the following:

5 main reasons why your house move may be delayed

November 14, 2013

The list is endless, but of those which conveyancers witness, here are 5 which occur more frequently:

A buyer’s change of mind. House selling heartache. Not just fiction.

November 13, 2013

Poor Detective Superintendent Roy Grace, the fictional character of author Peter James’, whose buyer suddenly and without any explanation, pulled out of her intended purchase of his house – in the latest Grace novel ‘Dead Man’s Time’. And after such a typical and promising start; an offer for the full asking price, a date set for an exchange apparently at the point…

Treatment of goalkeeper was irresponsible claims Headway

November 4, 2013

Tottenham Hotspur goalkeeper Hugo Lloris lost consciousness having sustained a blow to the head during a match.

The Supreme Court rules that schools have a non-delegable duty of care to pupils

November 1, 2013

The Supreme Court has ruled that the duty of care owed by a local authority to children in their schools is a non-delegable duty and they are responsible for what happens in lessons even if those lessons are run by outside contractors.

Decision not to raise the small claims limit is welcomed

October 24, 2013

There was good news for personal injury claimants this week following the Ministry of Justice’s response to the consultation into whiplash claims. The MoJ have confirmed that the small claims limit in personal injury claims will remain at £1,000.

Be wary of a conveyancing solicitor with a suspiciously low quote

October 23, 2013

How easy it is to just fall for the line “Oh it will be much easier to just use our in-house conveyancers” or “Don’t use a local solicitor they will be too busy”. The problem is there is often a hidden agenda. Are they being paid by the conveyancer? Do they own a stake in the conveyancing firm? Are your best interests being looked after?

Conveyancing solicitors are insured to protect you – choose well

October 22, 2013

All conveyancing solicitors in England & Wales must hold a ‘practising certificate’ issued by the Solicitors Regulation Authority. This certificate guarantees that the solicitor is qualified to practise as a solicitor and they/their legal firm has insurance to protect you if anything goes wrong.

Pick the right conveyancing solicitor or face the ‘knock on the door’

October 16, 2013

Choose the wrong conveyancing solicitor and face the dread of that 'knock on the door' when a neighbour or the Council accuse you of doing something your conveyancing solicitor should have discovered and warned you about.

Conveyancing solicitors can offer home buyers practical non-legal advice

October 16, 2013

When you are thinking about selling your home, how do you choose an estate agent? One clever way is to ask the local conveyancing firms who they would recommend. After all, they work with all of the estate agents in the town, and they know who are good, who are ‘dodgy’ and who to outright avoid. And they will not charge you for calling them and asking. They are glad to help.

Changes to funding for personal injury cases

October 3, 2013

The government’s much criticised civil justice reforms came into force on 1 April 2013. These reforms have affected injured claimants’ rights to recover elements of their legal costs in both personal injury and clinical negligence cases.

Wrong Court fee? Your case is out of time!

September 30, 2013

In a recent decision the High Court has taken a strong line on the question of time limits for bringing claims.  This case is one that should be studied closely by Solicitors as well as by Professional Indemnity Insurers.

Bereavement damages – a geographical injustice?

September 26, 2013

Following a fatal accident, bereavement damages can be claimed on behalf of the deceased’s estate, from whoever has negligently caused the death.

Honesty really is the best policy

September 3, 2013

In a recent case a business tycoon who lied about his wealth has been told he may have to pay more money to his former wife than the £1.8m original settlement.

More family cases end up in Court because of the lack of financial support for legal assistance.

August 19, 2013

CAFCASS (the Children and Family Court Advisory and Support Service) has recently reported a 27% increase in private law children cases between June 2012 and June 2013 and, during that period, the highest ever number of new cases was recorded in the month of May this year.

Coal miner’s case may open the floodgates

August 13, 2013

According to Kelvin Farmaner, a solicitor at Southampton and Salisbury based Trethowans Solicitors, a recent decision concerning professional negligence arising out of a personal injury claim may lead to a flood of claims in the future.

Important High Court costs ruling in ‘plebgate’ case

August 12, 2013

All those involved in litigation have been left in no doubt as to the rigid application of new costs rules in the light of a High Court ruling last week in the 'plebgate' case.

How quickly can I complete my house sale or purchase?

August 9, 2013

We aim to say about 5 weeks. But it can be shorter or longer than that.

The Estate Agents Conveyancing Firm of the Year 2013

August 8, 2013

Law Firm Services Limited (LFS) are for the second year promoting excellence within the conveyancing market. The quality between conveyancers ranges dramatically, something the Law Society know very well, since their deliberate creation of an accreditation for excellent conveyancers under their CQS (Conveyancing Quality Scheme).

Always call your conveyancing client the day of exchange

August 5, 2013

Conveyancing solicitors act for 'clients'. But are these clients really the people they claim to be?

Conveyancing solicitors and when to request mortgage money

August 2, 2013

When you buy a property with a mortgage, your conveyancing solicitor takes charge of requesting the mortgage monies. The mortgage company will insist.

If Simon Cowell is the father, how much will it cost him?

August 2, 2013

News has broken that ‘marriage-shy’ Simon Cowell is allegedly about to become a father for the first time.  The mother of his unborn child, rumoured to be Lauren Silverman, is currently married to one of Cowell’s closest friends, although it is said that her husband has recently filed for divorce.

Don’t get mugged!

July 19, 2013

Those injured in accidents are being encouraged to think twice before accepting early offers of compensation.

Cows trample man to death in Wiltshire

July 18, 2013

The BBC have reported that a man has been trampled to death by cows in a field in Wiltshire and another man has been injured.

Why do conveyancers range so dramatically in terms of their quality?

July 17, 2013

Because you do not have to be qualified in the law to be a conveyancer. Simple as that.

Estate agents – why they really are worth every penny

July 16, 2013

It is a cliché to say of an estate agent, “they do nothing for their fee”. Of course they do, and so frequently, they actually pay for themselves.

Conveyancing solicitors and how they explain the legal papers to you – piecemeal or expertly?

July 15, 2013

Frequently, conveyancing solicitors will have to locate their client’s property deeds in order to sell it. This often means contacting the previous conveyancer to discover what they did with them.

Conveyancing solicitors – email, telephone, fax or snail mail? The tell-tale sign of efficiency

July 11, 2013

Conveyancing solicitors communicate using a variety of methods these days. The majority will have an account with the inter-law firm postal system called the Document Exchange (“the DX”) which is cheaper and is a next day delivery service. An immediate advantage to Royal Mail.

‘No Completion, No Fee’ Conveyancing

July 9, 2013

As a conveyancing solicitor, where is my motivation with the above scheme? Where is my reward for all the hours I put in to helping my client to move, only to find out that it aborts at some stage, and my time is not going to be paid for?

Conveyancers who are here today, dot.com tomorrow

July 8, 2013

Accountability: those conveyancing solicitors who positively promote the actual individuals who will handle your conveyancing, their bios, their direct dial telephone number and emails – all designed to ensure that you know the person who is handling your work. Where you know their credentials and expertise.

Protecting your home against property fraud

June 26, 2013

Media reports have identified how fraudsters may attempt to acquire ownership of a property either by using a forged document to transfer it into their own name, or by impersonating the registered owner. This is especially the case where property is empty, whether for example through the owner being abroad, having rented it out or being in a care home.

Claims for damages could now be made by soldiers who are injured whilst on the battlefield

June 20, 2013

Legal action has been pursued by relatives of three men killed by roadside bombs whilst on exercise in Iraq.

Do I need to use a ‘local’ conveyancer?

June 18, 2013

No. You do not need to use a local conveyancer. In fact, all conveyancing solicitors individually act for clients throughout England & Wales, as the process of conveyancing and land ownership is uniform wherever you are.

Abolition of the Child Support Agency – a fresh start or same horse, different name?

June 17, 2013

The Government is reforming the child maintenance system (again!).  It is proposed that the reforms put better support in place for separated parents to collaborate on issues which arise upon separation and encourage them to make family based child maintenance arrangements.

Cohabitation – time for change?

June 14, 2013

Reports in the media suggest marriage rates are on the decline.  Does that mean that less people are forming relationships? No, it simply means that the family dynamic is changing.  It is now far more socially acceptable for people to live together, even have children with each other, outside the institution of marriage.  Unfortunately the law governing the breakdown of such…

A fate worse than debt?

June 13, 2013

Over the past few years we have seen a rise in personal bankruptcy as incomes remain static, levels of consumer debt increase, savings are depleted and people struggle to pay their day to day bills, which are also steadily increasing.

Court of appeal sounds the alarm bells for professional indemnity claims

June 11, 2013

In the case of Susan Berney v Thomas Saul (T/A Thomas Saul & Co) 2013 the Court of Appeal has given judgment in a professional indemnity case arising out of a personal injury claim.  The judgment will do nothing to quell the worry amongst professional indemnity insurers (and some solicitors) that there is likely to be an increase in the number of professional negligence claims against…

Chancel Repair liability for home owners – conveyancing solicitors beware!

June 11, 2013

Most homebuyers will have heard of ‘chancel repair liability’, as the majority of conveyancing solicitors now commission either a search for possible liability, or they just automatically insure all their clients against liability.

Trethowans solicitor published in the Personal Injury Brief Update Law Journal

June 11, 2013

James Braund, solicitor at Trethowans LLP specialising in personal injury and clinical negligence claims, has recently had an article published in the Personal Injury Brief Update Law Journal (PIBULJ).

If you had 2 minutes to prove you owned your house/flat, could you do it?

June 11, 2013

When you buy a property, conveyancing solicitors can expect to receive a bundle of papers from the seller's conveyancer, and after your conveyancer has received written replies to enquiries, received all the conveyancing searches, and ultimately registered your ownership at the Land Registry, they will have built up quite a considerable bundle of paperwork all about your property – and…

Making sure the children always come first

June 10, 2013

Who assumes responsibility for the children in the event of the death of one parent when the parents are separated?

Don’t just assume you can park caravans and commercial vans on your driveway

June 10, 2013

There is nothing worse than buying a house, or even a caravan, and finding you receive a knock on your door and a neighbour says the caravan is not permitted on your property.

Should I install electricity generating solar panels on my house?

June 7, 2013

The question presupposes you have already made sure that your home is already as energy efficient as it can be, as of course the solar panel market is all about promoting the possibility of lower energy bills. Before considering solar panels, you should of course consider such things as loft insulation, cavity wall insulation, double glazing and an efficient boiler.

Inheritance funds in divorce

June 6, 2013

Inherited assets can attract a great deal of emotional weight in divorce cases. The asset or money usually arrives as a result of bereavement, often from a close loved one.

Insurers extend willingness to cover flood risk in home insurance policies…for the moment

June 6, 2013

There exists an agreement between the Government and the Association of British Insurers (ABI), since 2000, called the Statement of Principles, that obliges insurance companies to offer flood cover as part of standard insurance policies where they are at significant risk of flooding, if there are plans in place to reduce that risk within five years. However, in 2008, it was agreed that this…

How do I discover who owns a boundary fence, wall or hedge?

June 6, 2013

Checking your property title deeds should be the first port of call.

What is a local authority conveyancing search – and who cares?

June 6, 2013

Who cares? Every property buyer should. The information revealed in the search could lead you to renegotiate a lower price or to pull out of the purchase entirely. The search is that important.

Choosing a conveyancing solicitor secures the benefit of the Law Society flood risk guidance

June 5, 2013

The Environment Agency estimates that one in six homes in England (approximately 5.2m properties) are at risk of flooding. But properties do not need to be near a river or the sea to be at risk of flooding. Flooding can take many forms other than river and coastal flooding:

You can’t ‘take a view’ when buying with a mortgage

June 5, 2013

When buying property with a mortgage, your lender will usually require your conveyancer to be its conveyancer too. Your conveyancer then has two clients – you and the lender.

Unique conveyancing solicitors – good value or worryingly cheap?

June 4, 2013

Conveyancing solicitors are all unique. None can take credit for that. They are not selling a Pot Noodle, which is the same wherever offered, but instead, they are offering a service, and each law firm will offer it differently.

New extensive Seller’s Information Form makes choice of conveyancer crucial

June 3, 2013

The Law Society has now circulated an 18 page set of explanatory notes  to help explain the third edition of their own 16 page Property Information Form (TA6).

Conveyancing solicitors comparison sites – would you seriously!?

June 3, 2013

If you visit some websites for solicitor firms, you will quickly notice that they rarely advertise their prices for providing conveyancing services to home movers.

No more claims for accidents at work?

May 28, 2013

The Enterprise Bill's clause 70 is set to overhaul current heath and safety legislation which will essentially remove an employee’s right to pursue a compensation claim based on an employer's breaches of the Health and Safety Regulations.  This clearly narrows the basis on which compensation can be claimed for accidents at work. However, it will still be possible to pursue a…

Houses with no legal access – defective Common Land searches

May 28, 2013

About 5% of land in the UK is Common Land. Common Land as all conveyancing solicitors know all too well, is, to quote Wikipedia, "land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel."

Can I reduce stamp duty by paying the seller for something else?

May 27, 2013

Almost always, no. Stamp Duty (or more accurately Stamp Duty Land Tax 'SDLT') has been around for many years and the Inland Revenue has closed down attempt after attempt at ways to get around paying stamp duty.

May 30th sees larger extensions permitted

May 24, 2013

The planning system is based on the principle that all 'development' requires planning permission. However, the Town and Country Planning (General Permitted Development) Order 1995 gives deemed planning permission for specified types of development (provided prescribed conditions are followed) to minimise the numbers of planning applications Councils would otherwise face. One type is…

How do conveyancing solicitors embrace other industries?

May 24, 2013

During a typical house sale or purchase for a client, a conveyancing solicitor will work with a multitude of related businesses:

A conveyancing solicitor for life, or a one trick pony? Check before you buy

May 23, 2013

When you move house, you will invariably need a conveyancing solicitor. You only have to Google 'conveyancing solicitors' or 'conveyancing quotes' to see the huge disparity in quality, from the dubious to the apparent dynamic.

“How long will my conveyancing solicitor take?

May 22, 2013

"The key to answering that question depends whether you overlooked a discussion over dates at the point where the offer was accepted? Make sure you always get some sort of agreement over dates right at the start, as otherwise, your conveyancing solicitor will not know how fast to work for you during their involvement with the conveyancing.

The frustration and delay of the ‘we are obtaining our title deeds’ letter

May 21, 2013

Conveyancing solicitors who act for buyers will invariably receive an initial letter from the seller's conveyancer, not with the legal papers they need to progress the purchase, but with a ‘holding letter’ containing preliminary information, such as the fact that they act, confirmation of the agreed price and most frustratingly that they are “obtaining our clients title…

Conveyancing solicitors guard against property fraud

May 20, 2013

Conveyancing solicitors continue to report cases of property fraud.

The Land Registry aims to take over conveyancing searches – well Local Authority searches – to start

May 15, 2013

At the moment, conveyancing solicitors have a multitude of different methods to secure the same information – the 'Local Authority search'. This is a key conveyancing search as it provides a wide range of vital information for anyone buying a property.

I’ll huff and I’ll puff and I’ll blow your house down! But when?

May 13, 2013

If you are buying a house or flat, then you are responsible for making sure you have buildings insurance. And with recent media coverage of the devastating occurrences of nationwide floods the importance of having insurance cover is all the more in focus.

More than 750 “never events” in the NHS

May 13, 2013

A recent BBC investigation has revealed that the total number of serious medical accidents – so called "never events" because they were so obviously negligent and clearly should not happen under any circumstances – has exceeded more than 750 over the past four years.

When should I instruct my conveyancing solicitor?

May 10, 2013

As soon as possible, as it does not cost any more due to the simple fact that conveyancing solicitors charge a fixed fee. In fact, instructing your conveyancing solicitor as early as possible can actually save you money, as well as avoid delays. Here's how:

10 things that can go wrong in your house move

May 9, 2013

There are quite literally dozens and dozens of things that can actually go wrong, but the most common – which have been observed from hundred of conveyancing clients per year – are here:

A conveyancing solicitor’s joy – dates agreed

May 9, 2013

Conveyancing solicitors are frequently asked "How long will my sale take to complete?" or "When can we exchange?".

Do the conveyancers you recommend to people damage your reputation?

May 8, 2013

Ask an estate agent ‘what are your pet hates about a conveyancer?’ The answers are always the same. Always. Lack of communication, calls not returned, lack of solutions to problems, ‘conveyor belt’ of case handlers, inexperienced staff, they don’t use email, when asking to speak to the solicitor getting the reply ‘sorry he is engaged and his secretary in…

Beware the small print in cheap conveyancing prices

May 6, 2013

In the vein of the stark warning recently reported in The Sunday Times with regards to cheap energy deals there is a similar one in relation to conveyancing prices.

Conveyancing solicitors and their enquiries – ‘third’ time lucky?

May 3, 2013

This week marks the launch of the third edition of the Property Information Form (TA6) which most home movers will recall is the general questionnaire which sellers complete to provide buyers with useful and practical answers to pertinent/standardised questions which may affect their decision to continue with their purchase or not (e.g. have there been disputes, building works, guarantees etc?).

Deadlines to exchange contracts from receipt of ‘contract papers’

May 2, 2013

Conveyancing solicitors are often faced with deadlines that have been imposed on their clients to exchange contracts within a particular timescale. Typically from developers selling newly constructed properties, and generally when a seller is keen to secure an exchange of contracts in a situation where their property is actually generating quite a level of interest and it is a way of testing who…

The risks which conveyancing solicitors face. Wow! Who knew?!

May 2, 2013

Compare the fees of conveyancing solicitors with those of estate agents, surveyors, mortgage advisers, mortgage lenders and removal companies. Conveyancing solicitors will usually come out cheapest. And we do not mean the Google brigade of hidden charging conveyancers who claim to charge £150 etc.

Grandparents legal rights

May 1, 2013

Grandparents often provide support and childcare for their grandchildren, particularly in situations where both parents are working.  For many children their grandparents house is like a second home to them. 

Conveyancing solicitors and those who overlook ‘conditional’ planning consents

May 1, 2013

Planning permission or planning consent is the written permission of the relevant Local Authority that is required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. It will either be an outright consent (subject to implanting it within 3 years), or it will have conditions attached.

Why do conveyancing solicitors not advertise their charges?

May 1, 2013

Because that would be to equate what conveyancing solicitors do to the simple sale of ‘goods’ such as a can of Heinz baked beans, or a loaf of Warburtons bread. Where there is no difference in quality between legal firms, and where one size can fit all.

The best conveyancing solicitor in England & Wales

May 1, 2013

Sadly for the public, there is a huge disparity of quality between the various legal businesses who handle the legal work necessary when buying and selling houses. This makes it incredibly difficult to set about securing the best conveyancing solicitor.

Can solicitor firms act for both seller and buyer in a residential property transaction? Effectively, no.

April 30, 2013

A conveyancing solicitor can only act for both a buyer and seller in rare circumstances.

Caravans, white vans and conveyancing solicitors

April 30, 2013

When buying a house, your conveyancing solicitor will inform you whether the property deeds contain any restrictions in them, dictating what you can and cannot do on the land. It is not at all true that a man’s home is their castle. Only if your deeds have nothing in them!

Have you tried a house buying agent?

April 29, 2013

Most people appreciate that the estate agent simply acts for their paying client, the seller. But what about the buyer? You are on your own. Or it can feel that way. When selling your house, you have your estate agent to keep you informed, to chase the buyer for progress, to chase all the parties along the chain, to negotiate with a buyer who tries a last minute price reduction. But what about…

Colossal cake sale at Trethowans raises £190 for Tedworth House

April 26, 2013

Each month, Trethowans holds a Cake Bake Friday when staff bake a selection of cakes which are then snapped up by staff for a donation to one of the firms two nominated charities.

What deposit do I pay my conveyancing solicitor?

April 26, 2013

There are two types of ‘deposit’ involved in a property transaction and the answer to the question depends on which form of deposit you are referring to.

“I don’t need a mortgage offer as I am porting my current one over”

April 25, 2013

Unfortunately, this sentence is a contradiction. ‘Porting a mortgage over’ still means you are getting a mortgage.

How quickly will my conveyancing solicitor send out contracts on my house sale?

April 24, 2013

Typically, it can take some conveyancing solicitors a week to ten days. And that is completely lost time.

Who actually instructs my conveyancing solicitor to handle my house move?

April 23, 2013

You do. That is if you are the owner and looking to sell or buy, as you are the client of the conveyancing solicitor and they must only take instructions from you.

Frightening statistics for motorcycle accidents

April 22, 2013

Road traffic accidents involving motorcyclists sadly often result in serious, catastrophic or even fatal injuries. Whilst motorcyclists themselves can be experienced and extremely safety-conscious riders, there remains the inherent danger that they will suffer injury due to the negligence of other motorists.

Father loses parental responsibility

April 22, 2013

Whilst a mother automatically has parental responsibility on the birth of her child, a father can only share parental responsibility with her in certain circumstances. 

Will you price match your conveyancing charges?

April 22, 2013

Having received a conveyancing quote, a bit like car insurance, you might be tempted to obtain a second and maybe third one. Unfortunately, unlike the insurance market, conveyancing is not ‘much of a muchness’. Insurance is more akin to a ‘product’, like a tin of Branston baked beans, whereas conveyancing is well and truly a ‘service’. And as with all services,…

10 advantages of using an estate agent

April 19, 2013

1.  You save time and avoid safety issue – once you instruct an estate agent, their job is to sell your house. By having an estate agent handle viewings and take responsibility for introducing strangers to your property this immediately removes any threat to your safety.

‘Best value’ conveyancing quotes

April 17, 2013

Setting out to simply find the cheapest conveyancing quote ignores so many crucial factors which can end up meaning you pay a fortune where just a little preparation could have saved you.

The honest conveyancer – why are some conveyancers so hard to get hold of?

April 16, 2013

In an ideal world, the conveyancing client should expect that their conveyancing solicitor is sat at their desk simply working on that client’s sale or purchase, and doing nothing else; to be available to take all the client’s telephone calls, and to reply immediately to their emails. After all, the client is paying the conveyancer. Indeed, we all become frustrated in our daily lives…

Selling your own house: save a fortune, or cost you thousands?

April 15, 2013

In a recent article by BBC financial reporter Brian Milligan, the pros and cons of DIY house selling were set out.

5 top tips to prevent a stressful home move

April 12, 2013

Virtually every website selling conveyancing services will mention how stressful a home move can be. But there are ways you can help yourself:

The quality conveyancer

April 11, 2013

For most people, buying a house is the most substantial financial investment they will ever make – and probably one of the most complex (not to mention stressful) processes. That is why it pays to do things properly and avoid poorly trained conveyancers and those who are junior, but instead, engage a conveyancing solicitor or other qualified conveyancer (e.g. chartered legal executive) who…

Communicating with a conveyancer

April 10, 2013

Will it be easy to contact my conveyancing solicitor?It can often depend how low a level of legal fee you decided upon when selecting a conveyancer. To make the legal work still profitable, conveyancers will have to save resources somewhere, and avoiding customer telephone calls may be one of them.

New negative equity trap – how short is the lease of your property?

April 10, 2013

As a proportion of housing stock in England & Wales, ‘leasehold’ represents just over 10%, but following a recent warning by one of the country’s leading chartered surveyors businesses, there are upwards of 1.4million leasehold owners who are at risk of a reducing length of lease which can costs many £000s to pay to the Landlord to have it extended.

Transaction levels for house sales in the UK has reached a three-year high

April 10, 2013

Following a subdued start to the year, conveyancing solicitors are now experiencing greater volumes of house sale transactions, to the delight of home owners and estate agents, as the RICS reports that transaction levels for house sales in the UK has reached a three-year high with chartered surveyors reportedly selling an average of 17.4 homes over the previous three months, the highest number…

Lack of Building Regulation consent – why legal indemnity policies may NOT be the cure

April 9, 2013

It is quite common for conveyancing solicitors to spot within conveyancing transactions that a property has had building works carried out without the necessary Building Control consent having been obtained, for whatever reason (e.g. ignorance of the law, cost cutting or a builder poorly advising the customer of the requirement).

What searches does my conveyancer do?

April 8, 2013

It is almost universal (and therefore the test as to whether a conveyancing solicitor has been negligent) that conveyancers carry out a minimum of 4 searches on any house purchase, to protect both the buyer and also any mortgage lender who may be lending.

A day in the life of a conveyancing solicitor

April 5, 2013

Being a conveyancing solicitor can often be mildly depressing, as you continuously empathise with the emotions of your clients, their highs and lows of the moving process, their frustrations with slow conveyancers, with mortgage offers that are promised but seemingly take ages to arrive, and the worry that someone in the moving chain might get cold feet, or simply fail to realise they are part of…

Abortive house sales. What can you do?

April 4, 2013

Twelve months ago, the fall through rate for house sales was just over 30 per cent (in March 2012), double the rate at which house sales fell through in 2006 showing how difficult it had become to retain a buyer until completion.

“No win, no fee” continues

April 3, 2013

With the introduction of the Legal Aid, Sentencing & Punishment of Offenders Act (LASPO) on 1 April 2013, some reports in the media have wrongly commented on the death of 'no win, no fee' funding arrangements for personal injury claims.

Top 10 ways the legal process between conveyancers can be quickened

April 3, 2013

1. Choose a good conveyancer – one with Law Society accreditations – Lexcel and CQS (Google these accreditations) and one who is actually qualified (e.g a solicitor, chartered legal executive) as few people realise they do not even have an actual solicitor acting for them. The better the conveyancer, the quicker they are at making decisions (without having to speak to someone…

Welcome to a conveyancing chain

April 2, 2013

Every seller and buyer has their own agenda on how fast they are prepared to complete their sale or purchase. As do their seller's own seller or their buyer's own buyer. And even their seller’s seller and their  buyer’s buyer. And so on.

Changed your name since buying your house?

March 28, 2013

If you change your name, your Land Registry property deed is not automatically updated. This can cause identification issue when you come to sell your property or at any time when you need to prove your ownership of the property.

Your mortgage on a property sale and purchase

March 28, 2013

Whether you are buying or selling a property, it is likely that there will be a mortgage lender involved in the transaction. It is vital that your conveyancing solicitor ensures the availability of your mortgage monies on time (and the repayment of any mortgage on time).

Do you know what your conveyancer is doing behind the scenes for you?

March 27, 2013

Buying or selling a property can be a stressful experience, but an efficient conveyancing solicitor who makes the process smooth and effortless is worth their weight in gold. The following checklists will help you know what they are and should be doing. The legal work need not be a secret from you:

Empty homes and a new Council Tax bite – no April fools joke

March 27, 2013

A not so welcome Easter gift, and certainly no April fools joke. As a result of the Local Government Finance Act 2012 Local Authorities have been given flexibility to vary some Council Tax exemptions and discounts in order to help Councils meet their budgetary challenges, as well as discourage long-term empty homes.

House moving and holiday booking – what you need to think about before you go

March 27, 2013

Never an ideal situation to face; you have an offer on your house typically in the window you thought you could sneak away on holiday. However, with an efficient conveyancing solicitor, you can juggle both quiet easily.

Miserable March – The importance of house insurance and the looming gap

March 26, 2013

The continuing rain and snow is a stark reminder both of the importance of maintaining buildings and contents insurance of you property, particularly if you are in the process of selling,  but also of the urgency of seeking out a buildings insurance quote at a very early stage when looking to purchase a property.

Snow and the conveyancer

March 26, 2013

With continuing widespread snowfalls, and the Met Office’s weather alert to last until Good Friday, it is all the more time to be prepared for absent conveyancing solicitors due to possible commuting difficulties to their office.

The need “to get our housing market moving”. But do all conveyancers help with this?

March 26, 2013

In last week’s Budget, George Osborne made it quite clear for the need “to get our housing market moving”. But how true is this of conveyancers when handling the legal work and what can be done to improve things?

House buying? Why have a survey?

March 25, 2013

The media is awash with coverage of recent flooding, and the suggestions that insurance companies may no longer offer flood cover. Consequently, signs and chances of flooding have become a widespread concern for home movers.

Where are the property deeds for your house?

March 25, 2013

“My lawyer says there are no such things as property deeds anymore as it is now all computerised by the Land Registry.”

Chris Whiteley appointed Deputy District Judge by the Lord Chancellor

March 25, 2013

Chris Whiteley, Senior Partner at Salisbury and Southampton based Trethowans Solicitors, has been appointed as a Deputy District Judge by the Lord Chancellor, following a rigorous selection process.

Enquiries after enquiries: a conveyancing solicitor’s nightmare

March 22, 2013

How many conveyancers will raise their hands to say that they face deal breaking delay over excessive enquiries raised by over cautious conveyancers? Or those who have been sued and so are covering themselves, or who simply throw out standard enquiry forms because that is what they have always done? Or just those whose training in conveyancing leaves a lot to be desired?

Budget 2013: Government support for the housing market

March 21, 2013

Representing a significant extension of what the Chancellor calls ‘Help to Buy’, a scheme previously only available to first-time buyers with family incomes of under £60,000, George Osborne said in yesterday’s budget "The deposits demanded for the mortgage these days put home ownership beyond the great majority".

Another stamp duty blow after 6 April 2013: Disadvantaged areas relief

March 19, 2013

Around 30,000 purchasers a year of residential property in areas designated as 'disadvantaged', where the purchase price does not exceed £150,000 are to lose the current disadvantaged areas relief from stamp duty. To see if a property is in such an area, a postcode checking service is available.

Do not waste your time and money on some conveyancers

March 19, 2013

The introduction of the Law Society’s conveyancing quality scheme (CQS)  promotes a solicitor firms  good practice management standard and adherence to prudent and efficient conveyancing procedures.

Law Society’s Conveyancing Quality Scheme (CQS) may quicken house moves by ‘solicitor’ conveyancers

March 18, 2013

Hundreds of solicitor firms continue to apply for the Law Society quality standard the Conveyancing Quality Scheme (CQS) which promotes their good practice management standards and adherence to prudent and efficient conveyancing procedures. The scheme has a documented set of requirements and rules (called the ‘protocol’) intended to regularise relationships between the buyer and seller’s…

Locating Jack and Jill

March 13, 2013

Janet and John had been married for about 6 years and had 2 children, Jack who was aged 4 and Jill who was aged 2.

High Court clarification on cross border cases

March 12, 2013

In the case of Wall v Mutuelle de Poitiers Assurances 2013 the High court has provided some useful clarification for those dealing with or involved in cross border cases.

Winter accidents – part 3 – highways claims

March 8, 2013

Many people who slip over and injure themselves on ice on a pavement believe they have no possible redress. Whilst this is sometimes the case, in some circumstances claims can successfully be pursued against local councils or highway authorities in respect of the state of the roads and pavements.

Proud to support Great British Beef Week

March 7, 2013

Great British Beef Week runs from 21st – 28th April 2013. The campaign encourages people to host a roast dinner for friends, family, clubs, societies, businesses or even schools and in turn people make a collection or offer donations from their takings to support the Royal Agricultural Benevolent Institution (R.A.B.I.). This is a means of supporting both the British farming industry in…

Winter accidents – part 2 – occupiers claims

March 6, 2013

With snow having again been prevalent, it is inevitable that accidents and injuries have occurred due to the adverse outdoor conditions. 

The benefits of appointing a professional to administer your estate

March 6, 2013

Executors are the individuals appointed under a Will who have the responsibility to deal with a person’s assets on their death.  The choice of executors is therefore very important.

Home, sweet second home

March 5, 2013

Franklin D Roosevelt once said “Real estate cannot be lost or stolen, nor can it be carried away.  Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the World”.

Winter accidents – part 1 – claims against employers

March 4, 2013

As another cold winter draws to a close, we are left to reflect on the consequences that the snow and ice have had upon those working in such conditions. Inevitably, the risk of accidents occurring has been significantly higher than usual over the past few months.

Injuries caused by animals

March 4, 2013

Personal injury claims can arise from many different types of accidents e.g. accidents at work, road traffic accidents, medical negligence, head injury and spinal injury cases. One more unusual type of case which our personal injury team deals with is claims for injuries caused by animals. Animals, and in particular large animals such as horses, can cause catastrophic injuries.

Who’s your daddy?

March 1, 2013

When a child is born to a married woman, her husband is automatically presumed to be the father unless it is proved otherwise.  The burden of proof falls on the person alleging that the husband is not the father and this is usually settled by way of a DNA test to establish paternity.

Cheap meat, cheap conveyancing – dare you risk them?

February 20, 2013

We all like a bargain, especially in these times of austerity. There is cheap, and then there is affordable. The continuing horse meat scandal currently reported in the media is a clear example of where ‘cheap’ can be hiding a horrible reality, namely, that you are not actually getting what you think you have bought.

Injured claimants urged to take action now as April 2013 and the Jackson Reforms approach

February 8, 2013

The government's much criticised civil justice reforms will come into force at the beginning of April 2013 and any injured claimants bringing personal injury claims are strongly advised to take urgent action before the changes take effect.

Concerns grow over Government proposals for asbestos cases

January 30, 2013

At the end of last year the government confirmed that a consultation would begin in Spring 2013 in relation to the reform of mesothelioma cases.

Hurley v Maruki highlights the importance of complying with the Consumer Regulations

January 28, 2013

When the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008 came into force on 1 October 2008 there was widespread concern among solicitors that a number of Conditional Fee Agreements could fall foul of these provisions, even though they were primarily aimed at protecting consumers against unscrupulous door to door salesmen. In brief, the Regulations…

Good news for first time buyers looking to get on the property ladder

January 23, 2013

The Council of Mortgage Lenders (CML) has declared that the property market is "improving". This has been prompted by an increase in the number of 90% mortgage loans being offered by mortgage lenders which, in turn, has resulted in an increase in the number of first time buyers.

The Green Deal: what you should know

January 23, 2013

The Green Deal (GD) commences on the 28th January and is the Government's way to pay for energy-saving home improvements designed to reduce carbon emissions. The GD helps people pay for energy efficiency improvements like insulations and new boilers, through an effective loan (with fixed interest) capped for the time being at £10,000 and repayment via a higher daily charge on their…

A lack of training and doctor migration gives cause for concern

January 4, 2013

Dr Ben Molyneux, recently appointed as chairman of the British Medical Association’s junior doctors committee, has warned that changes in the NHS and the financial pressures it is facing are having a significant impact upon the quality of training which was also leading to a significant loss of junior doctors abroad.

Plans to amend law to include presumption of shared parenting

January 3, 2013

Recognising concerns raised mostly by fathers that following separation or divorce they are marginalised by their children's mother and the Courts, the Government has announced that it proposes to make changes to the Children Act 1989 to provide for a presumption of shared parenting.

New Year, New Start

December 18, 2012

Couples often think of the New Year as a time to make a fresh start and sadly, can mean the ending of a relationship.

Concern as to Government’s attack on whiplash victims

December 18, 2012

Earlier this week Justice Secretary Chris Grayling outlined proposals for independent medical panels to diagnose whiplash injuries and proposals to raise the small claims limit from £1,000 to £5,000.

A stark warning by the Chief Legal Ombudsman about the of dangers from ‘conveyancing factories’

December 17, 2012

The Legal Ombudsman’s report – ‘Losing the Plot – residential conveyancing complaints and their causes’ published on 11th December 2012 says that in a market where conveyancing transactions are dramatically reduced, conveyancers should be doing everything they can to “preserve and enhance their reputations”; and providing a “quality service and reducing the causes of complaints should be an…

The truth behind unsolicited texts

December 13, 2012

A recent letter published in the Daily Mail entitled ‘Ambulance chasers’ highlighted the recent practice of unsolicited text messages encouraging recipients to make a personal injury claim for accidents they haven’t had. 

Christmas cheer at countryside quiz

December 11, 2012

On Tuesday Trethowans Solicitors once again hosted their popular annual Christmas countryside and agriculture quiz. Twelve teams from businesses across the Salisbury region gathered at Salisbury Guildhall to challenge for the much sought after prize of the 'Pig' trophy. The teams tackled eight rounds including topics on theme tunes, sporting films, the Olympics, and slightly trickier…

Getting married? Get prepared.

December 7, 2012

In this article, Suzanne Foster, a family lawyer at Trethowans Solicitors highlights two important considerations for couples planning to tie the knot. Firstly she explains the role a pre-nuptial agreement (pre-nup) plays and secondly, the importance of making or updating your Will when you get married.

Sporting injury claims – injuries beyond the rules

December 7, 2012

This past summer the nation was gripped with “Olympic Fever” as London 2012 came and went with great acclaim and success and with Team GB winning a record number of medals for the modern era. As with many major sporting events, injuries do occur and the Olympics witnessed its fair share, from weightlifters dislocating their elbows to runners suffering knee and foot injuries, to…

Joint ownership – what language is your conveyancer talking?

December 5, 2012

Maybe you have received a conveyancing quote, or your conveyancing solicitor has sent you their Welcome Pack and both use odd words and phrases. You might be forgiven for thinking they are speaking a different language. However, the legal work involved in house buying and selling does indeed use some strange words and phrases. Thankfully, many lawyers provide explanations of what to expect when…

Optimism for 2013 housing market – so prepare now

December 4, 2012

Commenting recently on house prices, Nationwide's chief economist Robert Gardner has said "the predominant theme remains one of stability”.PAccording to the latest monthly report from Rightmove, UK residential property prices are up by 2% year on year, the highest annual rate of increase seen in the month of November since 2007.

Hidden conveyancing quote charges compound house price misery

December 3, 2012

With the figures released only days ago by the Council of Mortgage Lenders (CML) highlighting the impact of high house prices on a generation of young people, it is even more important that conveyancing solicitors and all other non-solicitor conveyancers are completely transparent about their charges so as not to add even more hardship on the very people they count on to stay in business.

Unregistered deeds – have you lost the plot?

November 30, 2012

Nearly 70 per cent of land in England and Wales belongs to people who have 'registered' their deeds with the Land Registry, and which have now been replaced by computerised records held centrally at the Land Registry, and whose records and the accuracy of which are guaranteed by the Government.

The Law Society stresses the need for quality conveyancing solicitors

November 29, 2012

The Law Society’s Conveyancing Quality Scheme (CQS) provides a quality standard for residential conveyancing solicitor firms. It recognises the integrity of the firm’s key conveyancing staff, their adherence to good management standards and their efficient conveyancing procedures through the scheme’s imposed standards that a conveyancer must follow.

Purchasing a potential flood prone property

November 28, 2012

You find your dream home, perfect location and within budget. But there is a catch – it has been previously prone to flooding. Do you carry on regardless or walk away?

New Criminal Injuries Compensation Scheme now in force

November 27, 2012

The new Criminal Injuries Compensation Scheme comes into force today (27 November).

PI insurers expect rise in claims against solicitors

October 16, 2012

It has emerged that professional indemnity insurers are expecting an increase in the number of claims made against solicitors arising from badly handled personal injury claims.

Telecoms and rural property owners

October 10, 2012

The advent of the 4G telecoms network, which promises significantly faster wireless broadband services than the current 3G network, is great news for those living in the most rural parts of the South West. Marcus Thorpe, Head of Agriculture and Rural Property at Trethowans LLP, explains why.

International child relocation

October 8, 2012

There were some powerfully emotional headlines and some extremely distressing footage this week as four girls, aged between 9 and 15, were dragged from their mother in Australia, kicking and screaming onto a plane to return to their father in Italy.

The new child maintenance service (CMS)

October 2, 2012

There are some important changes ahead to the way in which the State will operate child maintenance arrangements between separated parents.

Trethowans voted “Estate Agents Conveyancing Firm of the Year”

September 24, 2012

On Thursday night at a glittering awards ceremony in Coventry, Tim Higham, Partner and Head of Residential Property at Trethowans Solicitors was presented with the highly sought after award of “Estate Agents Conveyancing Firm of the Year” from Justin Urquhart Stewart, the well known TV and radio presenter.

Trethowans nominated for award to recognise conveyancing excellence

September 18, 2012

Trethowans, a premier law firm in the South with offices in Salisbury and Southampton, is delighted to have been nominated as a finalist in the category “Estate Agents Conveyancing Firm of the Year”, part of the national LFS Conveyancing Awards 2012.

10 year old decides her own religious faith against mother’s wishes

August 13, 2012

Judges are often asked to make the most difficult of decisions in cases where warring parents are unable to agree how their children are to be raised.

Trethowans gain Law Society’s new Conveyancing Quality Standard

August 6, 2012

Hot on the heels of being nominated for "The Estate Agents Conveyancing Firm of the Year", the Law Society have just awarded the Conveyancing Quality Scheme (CQS) accreditation to Trethowans, a premier law firm in the South.  This is an accreditation from the Law Society and is only awarded to residential conveyancing practices demonstrating extremely high standards of service.

How to help protect your home against property fraud

August 2, 2012

Media reports have identified how fraudsters may attempt to acquire ownership of a property either by using a forged document to transfer it into their own name, or by impersonating the registered owner. This is especially so where property is empty, whether for example through the owner being abroad, having rented it out or being in a care home.

Salisbury solicitor Rhiannon Daniel raises money for the Back Up Trust

August 2, 2012

Rhiannon Daniel, a specialist personal injury solicitor at Salisbury and Southampton based law firm Trethowans, has raised much needed funds for the Back Up Trust.

Where angels fear to tread … religion in parental disputes

July 10, 2012

I was in a coffee shop reading about the pending divorce between Tom Cruise and Katie Holmes recently. My first thought was "They really should resolve this using the collaborative process, rather than having their private life, and that of their daughter, made public".

Equine & animal claims update

June 29, 2012

In the case of Kara Goldsmith v Robert Bradley Patchcott 2012 the Court of Appeal clarified the operation of the Volenti defence provided by the Animals Act 1971 in a helpful decision for defendants.

If you go down to the woods today, make sure you don’t get a big tax surprise

June 28, 2012

Most farms have some form of small wood or coppice on their land. Yet with the resident property market stagnating, a general mistrust of banks, poor returns on traditional financial products and an increased interest in sustainability (especially as oil and gas prices continue to rise), the value of woodland has seen a twenty per cent rise over the last eighteen months and this trend is set to…

Piggy in the middle – farms in divorce

June 27, 2012

To mangle a phrase of Tolstoy’s, all divorces are tough but farming divorces are tough in a particular way.

Estate Agents invited to vote for their favourite conveyancing firm

June 26, 2012

Which law firm do estate agents think offers conveyancing worthy of an award? Whether a big national firm or a small local practice, estate agents now have the chance to nominate their favourite conveyancing firm to receive recognition.

CAP Reform – direct payment proposals and negotiating land deals

June 26, 2012

The European Commission has now published its proposals for reform of the Common Agricultural Policy in 2014. Although there will be many more negotiations between member states before these proposals become law, it is anticipated that an agreement will be reached by January 2014.One key proposal is the intended introduction of a new system of Direct Payment to replace the Single Payment…

Succession planning steps for farming families

June 25, 2012

Historically the farming industry has not been great at succession planning. By this, I mean, the process by which the business and the ownership of the farm moves from one generation to another is discussed, planned and implemented often whilst managing external forces such as divorce and capital taxation. A failure to plan can have a powerful influence of the development of a business. Studies…

UK economy under threat due to lack of succession planning by UK farmers

June 21, 2012

A recent survey undertaken by Barclays Bank of almost 400 arable and dairy farmers has shown that nearly half (44%) of UK farmers had no formal succession planning in place for when they retire which potentially could jeopardise the future success of their business. 

Government seeks consultation on change in parenting laws

June 19, 2012

In February 2012, the Government issued its response to the Family Justice Review’s recommendations with reference to the review of the family justice system.  That response confirmed that the Government intended to implement many of the recommendations made by the Review and that it intended to concentrate on assisting parents to reach agreement between themselves as to the…

What happens if I don’t make a Will?

May 15, 2012

Most people incorrectly think that in the event they die without making a Will, their estate will pass to their spouse.

A new look for a premier firm

May 9, 2012

Trethowans, a premier law firm in the South, has unveiled a new look in the form of a brand refresh and a new website. 

Optical negligence claims – out of sight, out of mind?

May 4, 2012

The range of different optical treatment and procedures has dramatically increased over the last decade, from laser surgery including PRK, LASIK and LASEK to lens surgery such as IOL to oculoplastic surgery to vitreo-retinal surgery. In particular the growth in laser eye surgery has become an increasingly common presence on television in the form of adverts for various high street services.

Involved in a road traffic accident with an uninsured motorist?

May 3, 2012

There appears to be some confusion about whether you can make a claim against an uninsured driver. The answer is – yes you can!

New mesothelioma statistics make tough reading

April 27, 2012

New statistics which show the mortality rates for England and Wales from 2006 to the end of 2010 have recently been released by the Office of National Statistics.

Sex attack victims take injury claims to High Court

April 26, 2012

Sex attack victims of a London taxi driver have begun a High Court bid for damages against him and the insurers of his vehicle.

What is contributory negligence?

April 24, 2012

Contributory negligence refers to situations where the injured person is partially at fault for (or has contributed to) the accident which caused their injuries. This is an issue that must be considered at the beginning of any personal injury claim. As long as primary liability can be established against the Defendant, the Claimant will be entitled to compensation.

Wiltshire’s Moving Home Show 2012 – announced for 28 April 2012

April 6, 2012

The Salisbury Journal has recently announced this year’s Moving Home Show which will take place between 10am and 4pm on Saturday 28 April 2012. The venue will be in the beautiful Guildhall, in central Salisbury. Free admission for all.

The Bishop, the Vase and a Will

February 14, 2012

Anyone who watches TV shows such as Antiques Roadshow, Cash in the attic or Flog-It will realise that every now and then a person’s dusty vase in the attic, inherited from granny is actually worth a small fortune. Often people have no idea what an item is actually worth and it takes a expert valuer to point out how special a particular item is.

Tougher EPC rules come into force on 6th April

February 14, 2012

The legal rules governing Energy Performance Certificates ("EPCs”) are set to change on 6 April this year.

Family Justice Review: Welfare of child the paramount consideration

February 7, 2012

The Government has published its response to the Family Justice Review and, on the whole, has confirmed that it accepts the recommendations made.

It’s about the children, not the parents

February 6, 2012

Friday’s headlines would have you believe that the press have finally cottoned on to the fact that an ongoing relationship with both parents following their separation is the right of the child. However, on closer inspection, it would seem that they are just regurgitating the articles previously printed in recent months with a more ‘appropriate’ title.

Choose your lawyer carefully when moving home

February 4, 2012

Mortgage Lenders such as Santander/Abbey have recently made it clear that they are acutely aware of poor conveyancing practices out in the market place, when people move home. 

Optimism at a new high in new housing market research

February 4, 2012

After endless dour headlines on the state of the housing market optimism is on the rise according to new research.

The Guardian: consumers are cold about going to a big brand to help them move home

January 19, 2012

Reporting today on Guardian.co.uk a recent poll (understood to be a YouGov survey) of 1,959 consumers for legal indemnity provider First Title Insurance found that " people are generally happy with high street conveyancers yet by contrast very cool about the idea of going to a big brand to help them move house."

Act now to avoid Stamp Duty

January 19, 2012

March 24th is the last day for the suspension of stamp duty for first-time buyers purchasing property priced between £125,000 and £250,000. A saving of up to £2,500.

A Man Walks into a Bar – Ouch! Accidents in Restaurants, Pubs, Clubs and Bars

January 16, 2012

A recent study suggested that four times as many slips and trips are suffered in the food and drink industry than in other industries, with wet floors accounting for a staggering 90% of such accidents. Often such slips and trips have significant consequences with 95% of those incidents reported causing broken or dislocated bones.

Fenton the dog and accidents involving animals

January 13, 2012

A short YouTube clip featuring a man and his tearaway dog has rapidly become an internet sensation. The clip shows Fenton, an unruly pooch, escaping from his owner in Richmond Park and making a beeline towards a large herd of deer. We watch the owner in frantic pursuit of the hound, hurling expletives and becoming increasingly incensed. The deer, closely followed by Fenton, begin to stampede…

HS2: £33bn high speed rail

January 12, 2012

On Tuesday this week, Government Minister and Secretary of State for Transport Justine  Greening, announced the Government's decision to proceed with plans for a  £33billion High Speed 2 line from London to Birmingham and, eventually, Manchester and Leeds — despite massive public opposition,  Tory warnings that it will prove a costly 'white elephant', and…

Free legal clinics to support military personnel – as heard on radio

January 12, 2012

Trethowans have set-up a series of legal clinics to give free legal advice to members of the Armed Forces and their families.  The clinics, being held at Tidworth Leisure Centre, launched on Wednesday 30th November 2011, and will continue this year on the last Wednesday of every month from 1pm.

HSBC

January 9, 2012

Currently the majority of Mortgage Lenders are quite happy to have the Borrower's lawyer act for it when having the Borrower enter into one of its home buying mortgages. This makes the paperwork faster, and with one set of lawyers it is cheaper for the Borrower. After all, both Lender and Borrower will be scrutinising the same legal paperwork, and who better than the Borrower's lawyer to…

Divorced Parents’ Rights

January 6, 2012

Following on from their reports in November 2011 that the Family Justice Review had failed to recognise father's rights to maintain a ‘meaningful relationship' with their families following divorce, the Daily Telegraph's headline today is that the Government are now considering amendments to The Children Act 1989 such that divorced parents will be given "legal…

A no-court approach to divorce & children matters may be right for you

January 5, 2012

Have you taken out insurance for your ski trip?

December 28, 2011

Despite the recent press coverage of the number of skiers and snowboarders taking to the slopes without the appropriate insurance or even no insurance at all, three out of five skiers are continuing to take the unnecessary risk.

Why you should buy your ski pass in the UK

December 22, 2011

Whether there is going to be any snow or how deep it will be should not be your only concern before you hit the slopes this winter. Where you book your ski pass could be a big problem if things go wrong.

Eastenders storyline highlights some interesting issues about parental rights

December 22, 2011

EastEnders fans are currently gripped by the storyline developing between Yusef, Zainab and Masood. In recent episodes, Yusef has attempted to persuade Zainab to leave the Country, together with Kamil, her and Masood's son, to set up home in Karachi, Pakistan.

Conveyancing / property movers Q&As

December 21, 2011

Q I just repaid my mortgage, but haven't received the title deeds to my house. Where are they likely to be?

Never been a better time for first-time buyers to get on the property ladder

December 21, 2011

Reporting in the Daily Mirror "there's never been a better time for first-time buyers to make their move and get a foot on the property ladder."

Santa liable for ‘elf and safety’ failure

December 20, 2011

A grandmother fractured her thigh after slipping on a plastic icicle which should have been cleared away by Father Christmas and his elf at Selfridges' grotto, the Court of Appeal has recently ruled.

Will single fathers have to sign birth certificates?

December 20, 2011

Recent press articles have reported that the Government is considering amending current legislation to place an obligation on single fathers to sign the child's birth certificate; the effect being to "bolster the role of the father" and ensure that he accepts legal responsibility for his child.

Severe weather increases the risk of injuries

December 16, 2011

As high winds bombarded Scotland and the North of England this week many people have been left to deal with the damage which has been caused to their property. These conditions also increase the risk of people being injured. It may be possible to bring claims in respect of such injuries, if others have not taken reasonable steps to ensure property, land and roads are safe.

Can you trust that your money will be safe?

December 15, 2011

Clinical negligence victim backs campaign against justice reforms

December 5, 2011

Personal Injury Claims Turn on Medical Evidence

December 1, 2011

Medical Evidence is key when determining the value of any personal injury claim. It is imperative that the right medical expert is asked to report on your injuries.

Crazy Claims make headlines

November 30, 2011

Reading recent articles on the so-called "compensation culture" the public may be forgiven for thinking that big awards are paid out for ridiculously trivial accidents and injuries.

First-time buyers face

November 30, 2011

The chancellor George Osborne announced in his Autumn Statement today that the government will not be extending the stamp duty holiday beyond next March.

Winter weather brings increased risks

November 29, 2011

As the winter approaches and the weather gets colder, the presence of snow and ice can lead to increased risk of injury. Tripping and slipping accidents become more commonplace. If an accident occurs on commercial premises then the occupiers of the premises may be held liable.

Family justice review recommends change for children

November 22, 2011

More than 22 years after the inception of the Children Act 1989, when describing the arrangements for the children of separated or divorced parents, the public and media continue to use the terms "custody" and "access" which were abolished by the Act. Those terms conveyed the message of "ownership" of a child and gave the impression of greater control to the person…

DIY probate could cost you more

November 22, 2011

It is possible for someone to apply for probate and deal with a persons' affairs after they have died without seeing a lawyer, however this does introduce some risks.

The importance of including Digital Assets in your Will

November 22, 2011

A poll of 2000 adults found 25% had more than £200 worth of films, video and music stored online.

Wealth Warning! Co-owning Cohabitees beware

November 11, 2011

A Supreme Court judgment on the tricky issue of cohabitants' property rights is due to be released on 9 November.

Daily press sensationalises family justice review

November 3, 2011

The Family Justice Review Final Report has now been published and immediately received much criticism in the daily press.

The House of Lords calls for more checks for EU clinicians working in the UK

November 2, 2011

The House of Lords has recently published a report highlighting that EU rules could be putting patients at risk.

Shop around for your professional services

October 31, 2011

On Thursday 6 October 2011 the Legal Services Act 2007 came into force. This Act will have significant impact on the provision of legal services in England and Wales.

Eastenders storyline poses common problem for divorced or separated couples introducing children to a new partner

October 21, 2011

An interesting storyline is currently developing in Eastenders where Syed has just discovered that his estranged wife, Amira gave birth to a daughter following their separation. Having returned to the Square, Amira is keen for Syed to have contact with their daughter, but is not prepared to allow Syed's gay partner, Christian to be involved.'

Geoffrey Boycott –

October 17, 2011

Whilst decided on several grounds, the case highlights the importance of fully understanding the implications of owning property jointly with another, particularly in the event of the death of one party or the breakdown of the relationship.

Residential property news in the last 7 days

October 10, 2011

Today – Reported on Mortgages.co.ukCheap fixed-rate deals 'to go within weeks'

Slips trips and falls dominate accidents at work

October 3, 2011

A recent survey jointly conducted by the Institute of Occupational Safety and Health and the Health and Safety Executive has found that one third of all major injuries in the workplace are caused by slips, trips and falls.

CICA victim of government cuts

September 29, 2011

The Criminal Injuries Compensation Authority (CICA) has been a victim of the recent Government cuts. The CICA's budget has been reduced by £10M this year, a cut of around 5%.

Removing clinical negligence claims from the scope of public funding – will the neediest victims be denied justice?

September 28, 2011

Government Challenged In Battle For Legal Aid For Clinical Negligence

September 23, 2011

The Ministry of Justice faces a legal challenge over its plan to abolish legal aid for victims of clinical negligence. The charity Action against Medical Accidents (AvMA) has issued legal proceedings for a judicial review of the decision.

Dowler Family Urge Government To Stop ‘No Win, No Fee’ Reforms

September 23, 2011

The family of murdered schoolgirl Milly Dowler have written to David Cameron urging him to block 'unjust and unfair' civil justice reforms.

Mortgage lending hits highest levels in 2 years

September 21, 2011

Total lending was £13.4bn in August, up 6 per cent from July and 10 per cent from a year earlier.

Removals companies want to know why they are given little notice of completion and why the money takes so long to arrive and for keys to be released?

September 20, 2011

It is easy to overlook how many people and businesses are in fact caught up in the house moving process – the buyer, seller, their conveyancers, surveyors, mortgage advisers, and of course removals. Indeed, conveyancers are often informed by their clients that ‘the removal company is waiting outside’.

‘There is no case for maintaining stamp duty

September 16, 2011

Will personal injury claimants end up with less money as a result of Government plans?

September 15, 2011

The Government is planning a raft of changes which will affect the way that personal injury litigation is conducted.  Last week the Government announced that it was going to ban referral fees in personal injury claims.  The Government sees this as an addition to the other reforms which they are in the process of introducing.

Danger that individuals with clinical negligence and medical negligence injuries will not receive compensation

September 14, 2011

Last week the Legal Aid Sentencing and Punishment of Offenders Bill was considered again in parliamentary committee as it makes it way through the various stages before becoming law.  There is growing opposition to some of the provisions in it which affect the civil costs system in personal injury and clinical negligence cases. 

De-Mystified – The Role of a Conveyancer

September 13, 2011

The quality of a Conveyancer varies wildly throughout England and Wales. How efficient and prompt they are will depend largely on how qualified they are, and what price is paid for the service. But the following are the steps any seller and buyer should expect from their conveyancer:

The end is nigh for Carver

September 13, 2011

Market Availability of £1m+ Properties On the Increase

September 12, 2011

 

Protecting an Estate’s Mineral Rights

September 10, 2011

The tenure of land has taken several forms over the centuries and has been the subject of many statutes. Manorial land is land that was originally part of the landholdings of the lordship of the manor and which has not been separately transferred from the lordship title. Manorial rights are rights which an Estate may possess by virtue of owning the lordship of a manor.  Examples of such…

Don’t Count on Capital Gains from your Proeprty, warns Minister

September 8, 2011

Housing Minister Grant Shapps is reported as warning that as the pace of price gains slows, homeowners should not count on making money from their property. “Gone are the days where you buy a house for capital appreciation…..House prices can still go up, but they need to go up in line with or less than increases in average earnings for the long term.”

Are you aware of the Riot (Damages) Act 1886?

August 11, 2011

Unless you have recently been on holiday on the moon you won’t have failed to hear all about the damage and loss caused by the events in London and other cities over recent days.

Marriage and Divorce: The Effect on Wills

August 10, 2011

Many people do not realise that a Will is normally automatically revoked by marriage. This is the result of an old law which originally goes back to 1837 when married women had very few rights, and was designed to ensure that a new wife was not left destitute if her husband died.

Call For Urgent Regulation of Will Writing

August 3, 2011

Solicitors for the Elderly fears thousands of people are putting themselves at risk of being cheated by unscrupulous salesmen who offer to write their wills but who are not adequately qualified, trained or insured.

What Price Certainty?

August 3, 2011

Trethowans Partner, Elizabeth Webbe, warns of the dangers of scrimping on professional advice when making a Will.

Looking after your children in your Will

July 26, 2011

No-one likes to think about the possibility of premature death but unfortunately accidents happen and parents die while their children are still dependant. It is vital that thought is given to provision for the children in such tragic circumstances.

Abortive home moves and the quality of your conveyancer

July 25, 2011

One of the largest conveyancing firms in the UK shows a 29% fall through in property transactions in the first half of the year – up from just 21% three years ago.

Road Traffic Accident: Car Accident

July 13, 2011

Mr B was involved in a car accident in October 2010 when he was stationary in a queue of traffic and his car was hit from behind.  The insurers for the other driver admitted liability for the accident. 

Sky News Interviews Trethowans Solicitor James Humphery: Too Late For Tougher Control Of Immigration?

July 1, 2011

A legal expert has warned controlling the flow of immigration is not as simple as the Government might have us believe. The warning comes as Work and Pensions Secretary Iain Duncan Smith issues a plea to businesses to recruit unemployed British workers, rather than immigrants, as new figures suggest more than half of new jobs are being taken by foreigners.

The Jackson Proposals take a Further Step towards Becoming Law

July 1, 2011

Key elements of the Jackson Report have now been formally embodied in the Legal Aid, Sentencing and Punishment of Offenders Bill 2010-11, which received its second reading in Parliament yesterday (only one week after its publication and first reading).

Cameron Slates Single Dads

June 24, 2011

Prime Minster, David Cameron chose Father’s Day to slate single fathers who “abandon their families” and in his newspaper article published on Sunday 19 June 2011 stated that “fathers have a duty to support their children financially and emotionally – spending time with them at weekends, attending nativity plays and taking an interest in their education”.

Tips on Motor Insurance for Young Drivers

June 14, 2011

In recent years young drivers have seen the cost of car insurance increase with some annual premiums being more expensive than the price of the vehicle itself. From 20 June 2011 every vehicle must have a valid insurance policy even if it is not being used, unless a Statutory Off Road Notice has been obtained.

Insurance Law Reforms

May 26, 2011

The current laws on insurance contracts are archaic and onerous, and can frequently result in consumers discovering that they are not in fact covered by their policy as they failed to provide their insurer with all the facts when the policy was purchased.

Road Traffic Accident: Car Accident

May 20, 2011

Mr W was involved in a road traffic accident in January 2009 when his car was hit from behind by another car. The insurers for the other driver admitted liability for the accident.

Should you accept an offer from the insurance company directly?

May 18, 2011

If you have been injured in an accident that was not your fault, you are entitled to compensation and the legal costs associated with the claim. Without a medical report and specialist legal advice, it is impossible to say how much your injury is worth and what financial losses and expenses you can claim for.

New Sewage Regulations to Protect Human Health and the Environment

May 17, 2011

Until recently, property owners who had a sewage treatment plant or septic tank that discharged to either ground or a watercourse, needed to have a Consent to Discharge from the Environment Agency under the Water Resources Act 1991. On the 6th April 2010 these rules changed.

Whiplash: Minor Accidents – Major Injuries

May 9, 2011

Whiplash injuries are one of the most common injuries arising out of Road Traffic Accidents, yet some people may often be dismissive of the effects that such an injury can have on injured people's lives.

Are you eligible for compensation?

May 9, 2011

The British Bankers' Association has today confirmed that it does not intend to appeal the recent High Court decision regarding Payment Protection Insurance meaning that several million people could be eligible for compensation.

Wealth Warning! Co-owning Cohabitees Beware

May 5, 2011

An appeal hearing in the case of Jones v Kernott has commenced this month in the Supreme Court which may affect you if you own property with your partner but are unmarried.

Claims for Road Traffic Accidents – Is compensation being paid any quicker?

May 4, 2011

One year on from the introduction of the new low value road traffic accident claims process, it is likely that the Ministry of Justice will soon report on the progress of the scheme to date.

Financial Ombudsman Service provide clarification on ash-cloud cases

May 2, 2011

It is now over a year since the Icelandic volcano Eyjafjallajokall erupted causing travel chaos for thousands.  An onslaught of claims to travel insurers ensued, causing insurers and policy holders alike to closely scrutinise the wording of their policies.

The Royal Wedding, The Dress, the Cake, the Church…the Pre-Nuptial Agreement?

April 28, 2011

Cash for Crash fraudsters sentenced in motor insurance crackdown

April 28, 2011

After a five year insurance fraud investigation, three members of a gang involved in a “cash for crash” insurance scam have today been sentenced.  Convicted of conspiracy to defraud, the trio have been jailed for terms of 18 months, four and a half years and five years.

FSA Wins Round One of Payment Protection Insurance Battle

April 20, 2011

The High Court has today given a ruling which will have major implications for the financial services industry, adding more woes to an already beleaguered sector.

Mother calls for review of Out of Hours Service after inquest into death of her twelve year old son Sam.

April 19, 2011

On Tuesday 19 April 2011, Mr Keith Wiseman, HM Coroner for Southampton and New Forest at Southampton Coroner’s Court recorded a verdict of Natural Causes at the Inquest into the death of Sam John Richard Darren Cutler. 

Save Expense, Obtain Advice

April 19, 2011

The Ministry of Justice has recently reviewed the Family Proceedings Rules making it “easier” for lay people to pursue applications in the Court without having the benefit of qualified or experienced legal representation.

Conveyancers & Work Referrers

April 18, 2011

My favourite question to ask an estate agent on first introduction is ‘what are your pet hates about a conveyancer?’ The answers are always the same. Calls not returned, lack of solutions to problems, ‘conveyor belt’ of case handlers, inexperienced staff, doesn’t use email, ‘sorry he’s on another call, can you please call…

Personal Injury Trusts

April 15, 2011

A Personal Injury Trust is a facility that can be used for any damages received from a Personal Injury claim.

Professional Executors

April 13, 2011

Executors are the individuals appointed under a Will who have the responsibility to deal with a person’s assets on their death. The choice of executors is, therefore, very important. There are two possible alternatives as to who to appoint as your executor: (1) either a close friend or family member; or (2) an independent or professional executor such as the partners in Trethowans. You can…

Household name retailer, M&S, prosecuted for Asbestos breaches

April 13, 2011

In January 2010 the Health and Safety Executive (HSE) initiated criminal proceedings against Marks and Spencer plc for asbestos-related breaches at shops in Bournemouth, Plymouth and Reading. Amidst a flurry of media interest, the high profile Trial has now commenced.

Could personal injury settlements be more in the future?

April 8, 2011

The Lord Chancellor is reviewing the discount rate that is applied to personal injury compensation claims.

Pay £100 for child support?

April 7, 2011

 

5 top tips to prevent a stressful house move

April 2, 2011

TIP 1 – Show your house to potential viewers in the best possible light. Maximise both its kerb appeal and attend to the interior – do those jobs you have been putting off. A lick of neutral paint to those scuffs and marks, remove garish wallpapers and clean the carpets. All good examples of where a small bit of effort can pay dividends.

Beware – does the lease of your flat have less than 80 years left?

April 2, 2011

Leases of flats are generally between 99 and 125 years, but once the lease starts, the duration gets less and less, and over time the flat will prove unattractive to a buyer, and to a Lender.

Sewers & drains on your property – Who is responsible? You are, but not for much longer!

March 29, 2011

It is a common misconception amongst owners that responsibility for the drains and sewers serving their Property is a fairly simple matter. Whilst readily acknowledging responsibility for the grids, gullies and drains next to their house, they often believe that the Council are responsible for everything else.

Travellers urged to look carefully at Insurance Policies

March 29, 2011

Travellers in Japan may well be finding themselves reading the small print of their travel insurance policies. Frequently, polices do not provide cover for “acts of God” – events arising out of natural causes with no human intervention which could not have been prevented by reasonable care or foresight. Where does that leave travellers stranded in countries affected by natural…

Case forces cyclists to consider insurance options

March 23, 2011

A Commons Bill is to be heard in the House of Commons in a fight to change the criminal laws relating to cyclists. Rhiannon Bennet, 17, was walking on a footpath when she was hit by a cyclist. Shortly before hitting her the cyclist had shouted at Rhiannon to “move because I’m not stopping” before crashing into her. Rhiannon died of head injuries six days later.

Trethowans is moving in Southampton

March 22, 2011

Due to the growth of the firm and the resulting need for more space, Trethowans Solicitors is planning to move to larger offices in Southampton.  Negotiations are still continuing with all relevant parties and further details will be confirmed in due course.

Cheap Conveyancing

March 18, 2011

 

Award made to Hampshire coma girl Sophie Wilkinson

March 16, 2011

Earlier this month, Sophie Wilkinson was awarded a significant interim payment at the Royal Courts of Justice.

Can my home really be stolen?

March 16, 2011

Apparently the fraud is achieved by the property owner being impersonated (by a change of name or a fake ID) , and the fraudster then perhaps also uses that ID to then change the registered title deed correspondence address to that of the fraudster. In either case they then sell or even mortgage the property, yet the true owner is unaware. If the Buyer or Lender acts in ‘good…

SDLT going up in April

March 14, 2011

But what if a sale contract has already exchanged before that date, can the lower rate of 4% still be claimed?

Chancel Repair deadline looms

March 10, 2011

If you are buying property, your conveyance will more than likely carry out a property search to discover whether your property is affected by an obligation to contribute to the repair of the chancel of the local parish church.

UK housing market shows signs of improvement

March 1, 2011

The National Association of Estate Agents (NAEA) reports that house-hunters demand figures reached a six-month high in January.

National housebuilder rejects doom and gloom

February 24, 2011

Reported by Telegraph.co.uk recently, Redrow founder and chairman Steve Morgan rejects gloom and considers that the housing market has “started encouragingly” in 2011 following the house-builder’s return to profit in the second half of 2010.

Who IS your conveyancer?

February 23, 2011

Welfare Reform Bill – the far reaching impact

February 21, 2011

Last week the government announced further details about the Welfare Reform Bill.  On Friday we reported on some of the far reaching consequences this will have for employers. 

First-time buyers – a new mortgage-free option?

February 7, 2011

First-time buyers would then “co-buy” a property with the investment fund, with the aim of buying the fund out within five to seven years.

5% stamp duty looms – but little impact on prices expected

January 31, 2011

This was announced by the Chancellor in the 2010 budget so as to fund a temporary scrappage of the tax for first-time buyers.