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Five Things to Know About Being Named an Executor of a Will

Five Things to Know About Being Named an Executor of a Will

Being appointed as an Executor of a Will for a loved one can be daunting. The responsibilities are time consuming and can cause stress – especially if this is your first time as an Executor.

It is important to be aware you may be liable for any mistakes made when carrying out duties as an Executor, even if those mistakes were innocently made.

Fortunately, our experienced Solicitor and Head of Private Client Services Lauren Phillips, is here to tell you the five things you need to know about being named as an Executor of a Will.

What are the key things to think about if you have been asked to be an Executor of someone’s Will?
Firstly, are you prepared to take on the responsibility of carrying out the deceased’s wishes under their Will? You need to ensure you carry out the wishes of the deceased as they would have wanted. Be aware that issues can arise if there are family disputes between members over assets, or if they feel excluded.

What are the main responsibilities of an Executor?
You need to ensure that all the assets of the deceased are cashed, any taxes or debts paid, and distribute the assets in accordance with the Will.

Does the person making the Will need your permission to name you Executor?
There is no formal requirement for the Executor to give consent – though it is sensible to ask permission before appointing them.

Who can be an Executor and does being one mean you can’t be a beneficiary?
Anyone is able to be an Executor providing they are over 18 years old and have adequate mental capacity to do so. It is not uncommon to appoint professional executors such as solicitors or financial advisers. Furthermore, it is a common misconception that you are unable to be a beneficiary and an Executor – however this is not the case.

Can you change your mind about being an Executor?
Yes, it is possible to change your mind. If at the time the person passes away, you do not want or are unable to be the Executor then it is possible to stand down. In this instance, either the appointed replacement or another appropriate person would stand in.

For more advice about updating or creating your Will, contact our Wills & Probate Team today who will be happy to provide professional, friendly advice.

Email: privateclients@cjch.co.uk Telephone: 0333 231 6405

To learn more about Wills, Lasting Powers of Attorney & Estate Planning services click here. 

At CJCH Solicitors, our experienced team help clients across Cardiff, Barry, Bridgend, Blackwood, and Caerphilly . With our 4.8-star Trustpilot rating and decades of experience, we combine technical legal excellence with compassionate client care.

 

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School attendance in the heat – Our childcare team provide insight

By Sally Perrett – Solicitor | Head of Childcare Law

The UK is bracing for sweltering heat this week as the first-ever red warning for extreme heat is implemented today with temperatures expected to hit 107 (41c) in some parts of the country. It is likely to be the hottest day ever. The temperatures are not expected to be quite so high in Wales but nevertheless, an amber warning remains in place.

As with the pandemic, health chiefs fear the NHS could be overwhelmed by heat-related casualties if temperatures rise to the levels predicted.

There has been some discussion as to whether schools should remain open under the circumstances.

Schools follow the same regulations as workplaces. Under the workplace (Health and Safety Welfare) Regulations 1992, Employers have a legal obligation to ensure that the temperature in the workplace is “reasonable”. Despite the guidance under law, the government has not specified a specific temperature in the workplace which would mean employers, or in this case, pupils are sent home.

Ultimately it is up to the headteacher to decide whether the temperature in the school is suitable for teachers and pupils.

Some schools across the UK have given parents the option to keep children at home or to collect their children early, particularly on Monday. Most have chosen to remain open following practical and sensible advice. Public Health Wales has issued guidance on looking after children in extreme hot weather.

Schools are having to balance this tricky decision between the welfare of their staff and pupils, the issue of many parents, particularly key workers still having to attend work during the heatwave and the supervision of more vulnerable children during these unprecedented temperatures.

There is no hard and fast rule regarding keeping children home in these circumstances, it is ultimately down to the individual school and to the parent if they are concerned about how their child might cope with the temperature.

 

For childcare legal matters, contact our team here: https://cjchsolicitors.co.uk/personal-law/family-and-childcare-law/

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24 March 2020 – Update on Corona Virus status

As we posted recently the CJCH team will continue to support our clients where possible to do so, however, we have now closed our offices as per the guidelines regarding the Covid-19 (coronavirus) outbreak. Even though our offices are shut for the time being, for your health and safety and ours, we will continue to provide our services as far as possible if needed.

Our telephone lines are still open, and you can reach us at:

  1. Cardiff: 02920 483 181
  2. Barry: 01446 420 043
  3. Bridgend: 01656 457 466
  4. Blackwood: 01495 227 128

Our emergency 24-hour line: 07967 305 949

 

And you can reach our direct departments via our email contacts:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

The CJCH team will continue to help all our clients across childcare, family, mental health, court of protection, deprivation of liberties, wills and estates, property, commercial, criminal defence, and intellectual property matters wherever physically possible to do so. Please don’t hesitate to contact us.

Stay safe all – CJCH Team

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International Women’s Day & The Equality Act

As International Women’s Day approaches, it is a time to reflect and celebrate the amazing accomplishments of women around the world and how far we have come in advancing the rights of women.

However, it is also a time to refocus on what needs to be done in order to achieve gender equality here in the United Kingdom and around the world.

With this in mind, CJCH’s Charlotte Bardet, (updated) qualified solicitor and software piracy client account lead, examines gender equality in the workplace in relation to the Equality Act 2010. In addition to how the legal profession can improve its record on the pay gap, hiring practices and work/life balance to help reach full gender equality.

What is The Equality Act 2010 and how does it impact the workplace?

The Equality Act 2010 is an Act of Parliament that consolidated and updated over 116 pieces of prior legislation relating to anti-discrimination law in Great Britain (Act does not apply to Northern Ireland) into one single Act.

Prior Acts included: Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976 and Disability Discrimination Act 1995

The Act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

What is classed as gender discrimination? What are the differences between direct and indirect discrimination?

Under the Equality Act 2010, you must not be discriminated against because:

  • you are (or are not) a particular sex;
  • someone thinks you are the opposite sex (discrimination by perception);
  • you are connected to someone of a particular sex (discrimination by association).

Sex can mean either male or female, or a group of people like men or boys, or women or girls. This can be a one-off action or caused by a rule/policy. Importantly, it does not have to be intentional – someone may discriminate without realising it or meaning to.

There are four main types of gender/sex discrimination:

  • Direct discrimination – treating someone less favourably because of their sex than someone of the opposite sex would be treated in the same circumstances.
  • Indirect discrimination – when an organisation has a rule, policy or practice which applies in the same way to both sexes but which places someone of a particular sex at a disadvantage to the opposite sex.
  • Harassment
  • Victimisation

There are some exceptions that allow employers or organisations to discriminate because of your sex, including if it is an occupational requirement or if the organisation is taking positive action.

If you believe you’ve been discriminated against in your workplace because of your gender, what can you do

Firstly, complain/speak directly to your employer first to try and sort out the problem informally. Secondly, if the matter cannot be settled informally, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or a trade union representative.

Use mediation or alternative dispute resolution to try and settle the matter out of court. Finally, seek legal advice and potentially take a claim to the Employment Tribunal for discrimination.

 What are the main things employers can do to build a gender-equal workplace?

  • Train staff, and team managers in particular, how to identify discrimination when it takes place, how to deal with it and how to prevent it from happening again.
  • Ensure that both genders are treated fairly and equally in recruitment, training, hiring and promotion
  • Reassess job specifications for senior management positions and identify what barriers have been constructed which prevents either sex from filling them.
  • Remove the gender pay gap and be transparent about pay. Each position should have a pay bracket that outlines the salary for that role.
  • Prioritise a work-life balance and allow for flexible work arrangements.

Finish the sentence: We know we’ve achieved gender equality within the legal profession when…

My top three would be:

  • Legal letters no longer start with ‘Dear Sirs’
  • It is no longer known as a profession dominated by men in suits.
  • There are as many female partners as there are male partners (CJCH is proud to have gender equality on our board of directors)

Get in touch :

We know that discrimination in the workplace is a sensitive issue and difficult to talk about. That’s why our specialist team can assist you in getting a fair and quick solution. Get in touch with a member of our team today:

Email: employment@cjch.co.uk

Telephone: 0333 231 6405

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How to Leave Your Business in Your Will

According to the Institute for Family Business, there are 4.8 million family businesses in the UK, making up 85% of all businesses and generating over 25% of the country’s GDP.

Tax receipts from family businesses generate more than the entire budget for the NHS! They are vital for the British economy and for families. This makes it even more vital to ensure your business is taken care of when you are no longer around.

Whether you are a 2nd or 3rd generation family business owner or spent your life starting your business from scratch, it is important to get your affairs in order ahead of time.

There are high risks to your business with not adequately planning to pass on your business to your loved ones. Alexis Thomas, experienced Chartered Legal Executive at CJCH Solicitors explores how you can leave your business in your Will. It is never too early or too late to start thinking about your future and the future of those left behind when you are no longer around.

What, if any, impact would your business or shares have if you died without including them in your will?

If your business or shares are not included in your Will, they could end up being sold, broken up or pass as part of the residue of your estate. They may end up with someone who is not able to run the business because of a lack of knowledge and experience. A minor will experience difficulties continuing the business if shares are left to them.

How can a solicitor help you leave a business or shares to someone in your will?

A Solicitor can ensure you direct who the business or shares will end up with. Furthermore, they advise you on who is best to control your business. They can decide the best structure for the Will, such as leaving the business or shares in a discretionary trust. This will give your family the benefit without direct involvement in the business.

Solicitors advise on other options for your business, such as shareholder agreements and life assurance policies. These options protect yours and your business partner’s interests.

Getting proper advice ensures you can continue to control what happens to your business assets and shares once you have passed away.

Do other shareholders have to accept a new shareholder if you leave shares in your will?

The Testator cannot force other shareholders to accept a new shareholder if leaving shares in their Will. Any share transfers in a Will will be governed by shareholder agreements or partnership agreements etc. In this scenario, the likely option is to sell the shares and gift the value, rather than the shares themselves.

What disputes can arise when leaving a business or shares to someone in your will?

The business may face disputes between shareholders if the business position is not effectively considered. If the shareholders cannot reach an agreement, neither shareholder will have control of the company.

Generally, problems will arise in the event the business is left to a minor with no partnership agreement in place. If the decision-making process becomes paralysed, it could end the business, which has serious tax consequences.

What inheritance tax issues should someone leaving a business in their will be aware of?

If someone owns a business, creating their Will in the most tax-efficient way will help minimise Inheritance Tax (IHT). Passing a business in their Will can lead to a large IHT bill.

As a result, the Executors may have to sell the business to pay the IHT bill. Qualification for Business Property Relief (BPR) will allow a person to pass on a part of the business free of tax. However, not all businesses qualify for BPR.

Therefore, the solicitor needs to know everything about the business to advise if BPR applies. Solicitors can advise clients to leave assets that qualify for BPR to other family members such as children so that they are not passed to spouses who are eligible for a different IHT relief.

How we can help:

It is never too early or too late to start thinking about your future, and the future of those left behind when you are no longer around. The team at CJCH has extensive experience in Wills & Probate; Tax & Estate Planning. Get in touch with a member of our team today:

CJCH Solicitors are based in Cardiff, Barry, Bridgend, Blackwood and Caerphilly, we are committed to supporting families through every step of this process. Rated as ‘Excellent’ on Trustpilot and Google.

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Valentines Day & The Rights of Cohabiting Couples

With Valentine’s day upon us and romance in the air, many couples will be considering the next stage of their relationship and consider moving in with each other.

Cohabiting couples are the fastest growing family type in the UK, doubling in 20 years to 3.4 million couples. With many cohabiting couples having children, just how much do you know about your rights in a cohabiting partnership?

Sarah Perkins, Family Law Solicitor at CJCH Solicitors, discusses the differences in the rights between married and unmarried couples. Also, how unmarried couples can protect their assets and their children in the event of a relationship breakdown.

What does “common law marriage” mean and is it legally valid?

Common-law marriage in the UK is a myth. The term refers to unmarried couples who are cohabiting.  Worryingly, many people in the UK believe that “common law marriage” exists and that unmarried couples enjoy the same legal rights as married couples. However, this is not the case.

How do the rights of married and unmarried couples differ?

There are significant differences between the rights of married and unmarried couples. This applies throughout the marriage, death and divorce. For example, if an unmarried partner dies without leaving a will, the surviving partner will not inherit anything (unless they jointly own property). Whereas a married partner would automatically inherit under the rules on intestacy.

Additionally, regardless of how long the couple has lived together, an unmarried partner who stayed at home to care for children to the detriment of their earning capacity cannot make claims for property, maintenance or pension.

What is a cohabitation agreement and what are the benefits of unmarried couples having one?

A cohabitation agreement is a written document which sets out the parties’ intentions regarding their assets. If the relationship ends, the agreement provides certainty regarding the division of property. An agreement can include the following:

  • Who is responsible for the payment of rent/mortgage and household bills
  • Ownership of personal belongings
  • Ownership and shares of jointly owned property

A cohabiting agreement works like a contract and provided it is drawn up correctly, will be enforceable.

How can unmarried cohabiting couples make sure their children are protected?

A cohabiting agreement can lay out contact/living arrangements and maintenance for any children from the relationship. Consult a solicitor who will draft an agreement that best protects children in the event of a relationship breakdown

How else can a solicitor advise cohabiting couples on protecting their assets and each other?

If properties are purchased jointly but with unequal contributions & payments to the mortgage & other expenses, the property should be held as Tenants in Common & a Deed of Trust drawn up upon purchase reflecting the arrangement.

Finally, it is vital couples cohabiting have up to date wills. The wills will reflect who should inherit their shared assets and belongings in the event one of the partners passes away

How can we help?

CJCH has extensive experience dealing with family matters in a nurturing and compassionate way. For more information, get in touch with a member of our team today:

Email: family@cjch.co.uk

Telephone: 0333 231 6405

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Getting Married Abroad – Everything You Need To Know

If you dream of getting married abroad on a sunny beach with pristine white sand, you are not alone. The number of Brits saying ‘I do’ abroad continues to rise.

But it’s not just sorting out the dress and worrying about a wedding speech – you will need the correct documentation, which can cost money and take time.

Fortunately, Sally Perrett, family solicitor at CJCH, outlines everything you need to know about tying the knot abroad.

What conditions must be met for a marriage or civil partnership which has taken place abroad to be valid in the UK?

Firstly, the marriage has recognition as a legal marriage in the country in which it took place. Secondly, the parties have complied with the procedures in the country of marriage. In addition, each party must have the capacity to marry under the laws of the relevant country. Capacity covers issues such as age, consent and mental capacity. Finally, any previous marriage (if relevant) must have ended before marrying again.

What paperwork do you need to take with you when marrying or entering into a civil partnership abroad?

The full legal requirements will vary from country to country, but every country will require the bride and groom to have the following documents:

  • Valid 10-year passport with at least six months remaining on it
  • Full birth certificates
  • Deed poll proof of any name change
  • Decree absolute, if married
  • Marriage and death certificates of a deceased spouse, if widowed
  • Adoption certificate, if adopted
  • If marrying in a non-English speaking country, translation of documents may be required and given an apostille (additional certification of authenticity) to validate the document abroad. The Foreign Office carries out this service.

Other documents required:

Certificate of No Impediment (CNI) – Each party will need one to prove there is no reason they cannot marry. This document is obtainable from a local registry office or embassy. They take around a month to issue, cost £30 and last for 6 months from the date of issue. They are required in Aruba, Cyprus, Greece, Italy, Malta and Turkey

Single Status Statutory Declaration – similar to the CNI, it proves the couple are free to marry. They must be stamped and certified by a solicitor in the UK. Countries that require this are Antigua, the Bahamas, The Dominican Republic, Kenya, Seychelles and Sri Lanka.

What are the main issues people run into when marrying or entering into a civil partnership abroad?

Generally, not leaving enough time to ensure correct documentation. Indeed, this may be the most complicated part of the wedding preparations! Ensure you leave enough time as certifying a document through the foreign office can take up to 6 weeks.

Are there any countries that have special requirements for getting married abroad?

Each country will have its own specific requirements. Make sure you do your research and check the rules beforehand. Some countries, such as Mexico and Turkey will require medical/blood tests so check before. Consult a solicitor with experience on these matters prior to the wedding.

What top tips would you give to someone looking to get married or enter into a civil partnership abroad?

Cost and time! Remember to factor the cost of obtaining documents into the wedding budget and the time to obtain documents. Be sure to speak to a solicitor if you are unclear about the documentation you may require.

How can we help:

CJCH has extensive knowledge and experience in family & matrimonial matters. With excellent ratings on Trustpilot based on over 140 client reviews. Get in touch with a qualified member of our team today in one of our offices based in Cardiff, Caerphilly, Barry, Bridgend or Blackwood.

Email: family@cjch.co.uk

Telephone:  0333 231 6405

 

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Travelling Abroad with a Package Holiday – Know Your Consumer Rights!

Deb SpeddingThe number of Brits seeking winter sun in the new year continues to rise. 29% of people plan to take a break this winter, which represents a 16% increase over the year before. But just how aware of your rights as a consumer are you? Debra Spedding, a commercial solicitor at CJCH, takes a look at your rights if your package holiday is cancelled or your provider goes bust.

What rights do you have with a package holiday that you don’t have with independent holiday bookings?

Package holidays are usually all in one deals, and this applies to the level of protection that you get. Package holidays sold through UK travel companies have a requirement to protect the consumer through the government-backed ATOL scheme. There is no such protection for independent holiday bookings so the consumer will have to rely on any travel insurance purchased.

What does “ATOL Protected” mean and why is it important?

The Air Travel Organisers Licensing scheme (ATOL) is a financial protection scheme run by the civil aviation authority which protects package holidays sold by UK businesses. Its importance comes from the need to protect consumers if their travel provider goes bust either before or during their holiday. If you are unsure whether your holiday provider is an ATOL holder, use their website to check so that your rights as a consumer are protected.

If your travel provider goes bust, what rights do you have when it comes to compensation?

Provided that your booking is ATOL protected, you may be entitled to a full or partial refund. Ensure you check your ATOL certificate and your travel insurance documents.

What rights do you have if your travel provider goes bust while you are abroad?

Again, provided that your booking is ATOL protected, you will be able to finish your holiday and fly home. If not, you will, unfortunately, have to travel home by your own means.

What can you do if you feel that your consumer rights have been breached while on holiday abroad?

Make sure you speak to a solicitor with experience in these matters! You should raise a complaint in writing, ensure that you keep all relevant travel documentation and check your insurance.

How can we help?

If you need to speak to a solicitor about a matter regarding your consumer rights, get in touch with a member of our team today.

Email: commercial@cjch.co.uk
Telephone: 0333 231 6405

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New Year, Making a Will?

The New Year is often a time for reflection for many. This is especially true as we start a new decade. And whilst many may have chosen their new years resolutions, one we should all make is to make or update our will.

Shockingly, over 50% of Brits don’t have a will, which can cause distress and financial hardships for your loved ones left behind.

So as we leave one decade behind and look to the future, our specialist solicitor, John Moore answers how a solicitor helps you write or update your will, and why the New Year is a great time to do it

Talk us through the process of making a will and how a solicitor can help.

Firstly, making a will can be quite straightforward if using a solicitor! The solicitor will talk to you about your circumstances and ask you how you wish to distribute your money, property and possessions.

The solicitor will then prepare a draft for you to check you are happy with before arranging to sign it. Importantly, a solicitor ensures the will is drafted correctly, signed and witnessed properly to ensure its validity

What could happen to your estate if you die without a valid will in place?

If you die without a will the ‘rules of intestacy’ apply. Crucially, this may mean that your estate could go to someone you may not want it to. Alternatively, someone you intend to leave a portion of your estate to could lose out.

What are the risks of using a DIY wills kit or an unregulated service?

With DIY kits it is easy to make a mistake that makes your will unclear, or worse, completely invalid! Therefore, having a solicitor experienced in will writing provides peace of mind that your affairs will be taken care of.

Why is it important for everyone, no matter their age, to consider making or updating their will?

The unexpected can happen to all of us at any time so you are never too young to make a will. Our lives constantly change with new relationships, children or acquiring different assets.

Therefore, not only is it a good idea to have a will in the first place but to update it periodically based on these changes.

Why is the New Year a good time to make or update your will?

The New Year is often a time for reflection for many and a fresh start for the new year. It’s a good time to get a will ticked off your list of things to do!

How can we help?

The team at CJCH has over 35 years experience in wills drafting, tax and estate planning. Get in touch with a member of our team today.

CJCH Solicitors provides comprehensive Will writing services across our offices in Cardiff, Barry, Bridgend, Blackwood, and Caerphilly. Our experienced team combines technical legal excellence with compassionate client care. 

With excellent ratings on Trustpilot based on over 140 client reviews, CJCH Solicitors has established a reputation for delivering high-quality Will writing services. 

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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The Biggest Challenges SMEs Face – & How to Overcome Them

Business Law

Saturday 30th November marked Small Business Saturday, which celebrates small business across the United Kingdom. SMEs face several challenges in an uncertain market, from maintaining profitability, attracting new customers and retaining valuable employees.

Gareth Thompson

Gareth Thompson, Commercial Solicitor at CJCH, discusses the common challenges faced by SMEs and how advice from a specialist solicitor provides value to a small business.

What are the most common legal issues SMEs face?

Most common legal issues arise from failing to adequately have in place contracts between employees & suppliers. Additionally, poor management with cashflow or credit control causes issues for SMEs.

What are the different business structures?

Whether it’s a sole trader, partnership, private limited company or limited liability company. Solicitors advise on the different features of business structures. Each has its own advantages and disadvantages. Whilst you can change the structure down the line, it is better to get it right from the outset. Importantly, seek legal advice to choose the correct structure for your business.

How can a solicitor help owners protect their business from copycats?

It is vital that SMEs protect their Intellectual Property! Especially for new businesses – incorporate to get the trade name registered, registering trademarks or patents. Moreover, ensure the service and employment contracts have valid non-compete clauses.

How can small businesses prepare for Brexit?

The dreaded B-word! The UK government published tailored advice to prepare your business – reading that is the best place to start. The link is found here: https://www.gov.uk/business-uk-leaving-eu

Furthermore, if your SME is supplied or exports to the EU, it is imperative to ensure contracts are in place ahead of Brexit. Engage with your partners to asses their own readiness – it’s not just your own business, after all.

What top tips would you give to someone running a small business?

A common issue for SMEs, particularly new enterprises, is maintaining cash flow to sustain growth. It is important to know your outgoings, bundle products & services and encourage repeat business.

Above all, the three golden rules are – have appropriate contracts in place! Protect your IP! Ask for help/legal advice! The last point is especially important, seeking legal advice can save your SME costs down the line.

How can we help

CJCH’s commercial services span the full spectrum of corporate and commercial requirements. From start-ups, medium-sized and large organisations, we provide legal support and advice to leverage opportunities and minimize risk to your business.

Get in touch with a member of our commercial team today.

Telephone: 0333 231 6405

Email: commercial@cjch.co.uk

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Breaking Down Misconceptions of Speaking to a Solicitor

Ask someone to name the first things that come to mind when they think of lawyers, they probably think: stuffy, unapproachable, and too expensive. Whilst we are not all like that (I promise!), it is understandably daunting to speak to a solicitor. Especially if it is the first time you need to.

The legal profession has made strides in recent years to shed this image of the stuffy Oxbridge-type lawyer. However, misconceptions remain. Rebecca May, Solicitor at CJCH breaks down these common misconceptions. If you have a legal matter or need legal advice, speak to a solicitor. We are experts in our field, will always try to get the best outcome for our client and we don’t bite – well, most of us don’t!

What are the main misconceptions you think clients have about speaking to a solicitor?

Many clients are understandably intimidated when approaching a solicitor. Usually for fear of not understanding the legal jargon that is often used.

Historically Solicitors were portrayed as unapproachable and pompous. Furthermore, it was often thought that their only intention was to charge extortionate fees for their works.

How do you make sure clients find you approachable?

Speaking to clients in plain English is key! I explain legal terminology as simplistically as possible. This helps ensure that the client understands the legal principles most pertinent to their matter.

Our friendly approach makes our client feel at ease and able to ask anything that they may otherwise think is a “stupid” question. To reinforce this point – there is no such thing as a stupid question!

What advice would you give to a client who wanted to pursue a case which you didn’t think they needed to?

The best advice is to think with your head and not with your heart to establish what the desired outcome is. Unfortunately, it is easy to let your emotions cloud your judgement.

The client will always receive an honest assessment of the viability of the case. Additionally, the client will receive a realistic indication of the cost and timescale so they can make a rational decision.

How does specialist advice from a solicitor provide value for money?

Paying for something intangible oftentimes seems difficult to understand. Important to remember, when paying a solicitor, you pay for the time and professional advice that is provided to you.

We endeavour to keep our charges as competitive as possible whilst ensuring that the best service is given to the client.

Many people think they can deal with their legal issues alone, what pitfalls can clients fall into without professional legal advice?

While it can seem attractive to carry out the work yourself this is inadvisable. Overlooked legal intricacies by someone unqualified can cause unnecessary costs down the line. For example, you would see a dentist if you had a toothache and would rely on their professional knowledge & expertise – the same standard applies to legal matters, too.

Moreover, many people increasingly look to the internet to answer legal questions. Whilst that is helpful to get a preliminary understanding of an issue, it is not an adequate substitution for any professional service you may require.

How we can help:

CJCH is an award-winning firm with over 35 years’ experience in personal and business legal matters. For more information, get in touch with a qualified member of our team today.

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

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Purchasing a Property at Auction – The Process Explained

Joanne LerwillPurchasing a property at auction is not something that just exists on ‘Homes under the Hammer’ – it’s an exciting process to buy property! Whether purchasing a buy-to-let or as a project to do-up, it’s important to be aware of the issues that can arise in this process.

Joanne Lerwill, an experienced Licenced Conveyancer at CJCH, discusses five areas of importance when considering purchasing a property at auction.

Know the process for purchasing a property at auction

The process of purchasing a property at auction is different from the usual process of buying a property. It is vital that you do your research beforehand and arrange a viewing to inspect the property.

It is important to understand the difference between the guide and the reserve price. The guide price is the starting price at which the bid will commence. Whereas the reserve price is the minimum figure the buyer will accept. The reserve price is not disclosed to the bidders but is usually 10% higher than the guide price.

If successful in your bid, you are bound by the terms and conditions when the gavel falls! You must sign the contract and pay the deposit on the spot, so make sure your finances are in place.

The main difference from purchasing a property at auction and buying through an agent is timescale. An auction works on a fixed timescale for exchange and completion. It provides speed and certainty for the buyer and seller. Whereas purchasing through an agent has no fixed timescale for exchange or completion.

Understanding the legal pack

A legal pack is the set of documents prepared by the seller’s solicitor/licenced conveyancer. Fortunately, a copy is available in the auction room and will be available to download via the property details page. The pack includes:

  • Official copies of Title held at the Land Registry
  • A local search/any other searches
  • Special conditions of sale
  • Property information form
  • Management information, leases and tenancy agreements if the property is a leasehold

The purchaser should look through the pack and seek advice from a solicitor that specialises in auction properties. Especially important if there is anything onerous in the pack for the buyer.

Key issues that arise when purchasing a property at auction

The most common issue is a short window of time to arrange a survey for your solicitor to check the legal pack. Worryingly, it is easy to get carried away ad go over budget! Make sure all of your financial arrangements are in order. No turning back after the gavel falls!

Top tips for purchasing a property at auction

Imperative you research the property, arrange viewings, ask questions and obtain a copy of the auction particulars.

Just be prepared! Stick to your budget! Check the small print!

Importance of seeking legal advice

Taking a DIY approach might seem attractive to cut costs – but don’t be fooled! Without knowing the process, you could incur costs down the line. A solicitor or licenced conveyancer will use their legal training and study the conditions of the legal pack. Do not take the risk!

How can we help

The CJCH conveyancing team has 35 years’ experience in property matters. Our reasonable fees, friendly service and expert advice gives you peace of mind. So you don’t have to worry. Why not get in touch with a member of our team today?

Get in touch:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Mental Health in the Workplace – Supporting Employees

The government’s Department of Health estimates that one in four will experience mental ill-health at some point in our lives. Importantly, awareness surrounding this issue has increased in the last few years.

Therefore, it is important to make sure that employers support those experiencing mental ill-health whilst promoting positive mental health.

Max Wootton, employment solicitor at CJCH examines the law around mental health discrimination in the workplace. Additionally, he takes a look at how employers can make sure they are acting within the law.

What rights do employees have in the workplace when it comes to their mental health?

Employees have a right not to be discriminated against or dismissed due to a disability. The mental health may be covered as a disability under the Equality Act 2010. Employees that fall under this category are entitled to make reasonable adjustments at work that may assist them.

What counts as discrimination? Is this impacted by employment status?

All employees, workers and self-employed persons have the right not to be discriminated against. Furthermore, the Equality Act 2010 explicitly states that it is against the law to treat any person unfairly or less favourably than someone else because of a protected characteristic.

Discrimination is defined in several different forms under the Equality Act; direct or indirect, failure to make reasonable adjustments, harassment, victimisation & discrimination arising from a disability.

What can you do if you feel you’ve been discriminated against because of a mental health issue?

Firstly, you can talk to or confide in a fellow employee for support to discuss your situation. If that is not satisfactory, you can raise a formal grievance regarding the discrimination (important to check the staff handbook for your company’s policies & procedures, first).

Act as swiftly as possible, given there is usually a 3month time limit to bring an Employment claim, from the date of the last act of discrimination.

However, if you are unable to raise the issue with your employer, you can contact ACAS, Citizens Advice, or bring a claim in an employment tribunal.

Can employers ask about a potential employee’s mental health before employing them?

Employers can ask about this but proceed with caution. However, if the mental health turns out to be a disability and the employer does not employ the employee due to the disability, it will be discrimination. The employer will only be able to ask questions in the context of finding out how they can take actions to assist the employee.

What can employers do to ensure they’re acting responsibly and within the law when it comes to mental health?

Firstly, employers should ensure that employees are provided with a forum where they can be open and transparent about any issues they face.

Secondly, the staff handbook should contain policies where staff can confide in their employers and share their problems. If necessary, the employer should make reasonable adjustments for employees who have a mental health disability.

Finally, provide training for employers to ensure they are aware of what constitutes discrimination towards fellow employees.

How can we help?

Our qualified team of solicitors is here to assist with your employment problems. If you would like to discuss an employment problem or questions over your employment contract, then contact a member of our team today.

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

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Supporting Clients Through A Relationship Breakdown

A relationship breakdown is an emotional and worrying time for a family. For a solicitor, it is not only important to understand the legal issues a client faces, but also take the time to understand the client’s wider situation. Sally Perrett, Family & Childcare solicitor at CJCH, discusses how she supports clients experiencing a relationship breakdown.

As a solicitor how do you ease stress for clients throughout a relationship breakdown?

The end of a relationship is an extremely difficult situation. Personal trauma and financial issues can cause stress & there needs to be a focus on protecting children from the impact of the relationship breakdown.

With so many stressful issues, it is important the client receives practical advice that reassures them about the factors to consider. This will hopefully alleviate the pressure felt by the client, knowing their matter is handled sensitively

Why is it important to build trust with clients facing a relationship breakdown?

Often, when a client is facing a breakup, they are emotional, feel let down and very worried about what the future holds. A client needs reassurance and generally someone they can rely on to approach their case with sensitivity and discretion.

Do you find that there’s an element of providing emotional support as well as legal advice when it comes to family law matters?

Of course, there will be an element of emotional support required during such a traumatic time in a person’s life. Often clients find it difficult to separate practical matters from personal issues. Therefore, these need to be dealt with empathetically

What advice would you give to someone facing a relationship breakdown?

We would advise the client to take their time & not make big decisions too quickly under stress. Take a measured approach towards practical matters & the implications of the relationship breakdown.

Importantly, no two cases are the same, one client may want to protect their assets whilst another seeks the most favourable arrangements with respect to their children. It is important clients make measured decisions based on the practical advice they receive

How do you feel your advice brings value to clients during a relationship breakdown?

It is vital that a client feels they can rely on their solicitor for a realistic, sensible approach. The client should feel in ‘safe hands’ at their vulnerable time. Finally, it is imperative solicitor’s advice alleviates pressure the client is facing.

How we can help:

Our team has extensive experience in supporting clients in what can be a difficult and confusing time. The breakdown of a relationship brings with it distressing repercussions and our team is here to help you in a compassionate and nurturing way. Get in touch with a member of our team today.

Telephone: 0333 231 6405

Email: family@cjch.co.uk

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Supporting SMEs with Legal Issues

Running a business is in equal parts exciting and daunting. It involves complex legal issues which are overwhelming without the proper legal advice. CJCH’s commercial solicitor, Gareth Thompson, discusses the most common issues faced by SMEs and the value a commercial solicitor brings to a business.

How do you support businesses that are just getting started?

It is important to ensure incipient businesses have all the relevant documents in place to begin trading. This will vary from business to business but will usually include employment contracts, insurance, due diligence and risk assessment. Finally, it is crucial that the business takes steps to protect its intellectual property, which may not be at the forefront of the owner’s mind.

How can a business solicitor help an SME choose the right business structure?

This will depend on the needs of the business owner. Each business structure has its own strength, seeking legal advice will help you choose the right one. The most commonly chosen business structures are as follows:

  • Sole Trader
  • Partnership
  • Limited Liability Partnership (LLP)
  • Limited Liability Company (Ltd)

What are the most common legal issues SMEs face and how can solicitors help business owners avoid them?

The initial issues faced by SMEs usually revolve around setting up employment contracts and drafting articles of association. Whilst it might be attractive to business owners to use standard templates for these documents, there is a real risk that they do not suitably protect your business interests. This might lead to costs for the business later. Consulting a solicitor in the first instance mitigates this risk.

How can SMEs ensure that they are GDPR compliant? Why is this important?

Ensure that staff are appropriately trained and appoint someone as GDPR liaison within the company. Compliance is crucial as the Information Commissioners Office can issue large fines for companies in breach.

What are your top tips for someone looking to start their own business?

Get contracts written! Get insurance! Protect your Intellectual Property! Continue to seek legal advice from a commercial solicitor as the business matures.

How can we help?

The CJCH commercial team’s services span the full spectrum of corporate and commercial requirements. From startups to SMEs & large organisations, we provide legal support and advice to leverage opportunities and minimise risks to your business.

Get in touch via:

Telephone: 0333 231 6405

Email: commercial@cjch.co.uk

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Leaving a Gift to a Charity in Your Will

 

Today is International Charity Day. It is an opportunity to reflect and contribute to the incredible work that charities do around the world. Leaving a gift to a charity in your will is a great way to leave a legacy that benefits the most vulnerable in society. In addition, it benefits the beneficiaries of your will.

Alexis Thomas, a Chartered Legal Executive in CJCH’s Wills & Probate team, outlines the benefits of leaving a gift to a charity in your will, how to ensure the gift is not legally challenged and how to ensure the gift you leave is used in a way that aligns with your wishes.

Benefits of leaving a gift to a charity

Leaving a gift to a charity in your will is an excellent way of supporting a cause dear to you. Most charities will rely on donations to carry out their work so this is a great way of contributing to your charity’s long-term vitality. In addition, a gift in your will to a charity will not count towards the total value of the estate and the gift will pass tax-free. If the value of the gift is 10%, or more, of the total taxable estate, this gift will also reduce the amount of IHT payable from 40% to 36%.

The different types of gift you can leave

You can leave any type of gift to a charity. This ranges from a specific sum of money, items of personal value such as jewellery or even a % of your estate. You do not have to contact the charity in your lifetime, your executor will inform the charity that you have left them a gift in your will.

Specifying how the charity uses the gift

You can express in a wish how you expect the money to be used. However, the testator should discuss their wishes with the charity first, as the charity may refuse the gift if it cannot comply with the testator’s wishes. The wish is not binding, but charities will usually seek to carry out the specified request.

If your gift is challenged and how to avoid it

Firstly, always seek legal advice! This is so important. The courts place more weight on a moral obligation to a family, which outweighs any commitment to charities. If the gift is successfully challenged, then the gift could fail. Regular communication from the solicitor goes a long way in ensuring that this does not happen.

Donating outside of the UK

Donations outside of the UK are different than domestic donations. Exemptions from inheritance tax only apply to gifts to charities in the UK, EU member states (plus Norway, Lichtenstein, Iceland). Of course, this may change due to the uncertainty surrounding Brexit. Furthermore, donations outside of the UK do not benefit from Gift Aid as Gift Aid enables the charities to reclaim an extra 25% in tax on each donation made by a UK taxpayer.

How can a solicitor help you leave a gift to a charity in your will?

A solicitor ensures your Will is written correctly. This gives you the peace of mind the gift will succeed. The full details of the charity (charity number etc) are included so that the charity receives the gift. Incorrect information may cause the gift to fail.

How can we help:

It is never too late or too early to start thinking about your future. For more information on writing your will and leaving a gift to charity, speak to an experienced member of our team today.

Contact us:

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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Supporting Clients Through Expert Legal Advice

Let’s face it. Legal issues are complicated and confusing. Unfortunately, whether you are buying or selling property, making a Will or trying to set up a business these complicated issues follow us around. Facing these issues can feel daunting.

Fortunately, solicitors are experts in their field and can effectively support their clients through sound legal advice. Ultimately, this helps reduce the stress the client will face throughout the process. Our trainee solicitor, Amy Palin lays out how she supports clients, providing them peace of mind that their matter is being dealt with promptly, professionally and with the client at the forefront.

As a solicitor, explain to us how you help your clients on a day-to-day basis.

Solicitors provide a service based on instructions received.  And it is important to remain alert to issues surrounding the primary reason a client is coming to you for advice. There may be wider considerations, or other services we can offer, of which the client may not have been aware. It is also important to provide a high level of client care, particularly if there are complex legal issues involved, to ensure the client fully understands their matter.

How do you work to build trust with your clients? Why is this important?

It is vital to be open with clients from the outset! Especially in relation to timescale, costs and the practical issues surrounding their matter. Maintaining good communication is the most effective way to build trust. Sometimes there may be an unforeseen issue or delay beyond immediate control. However, I usually find that as long as I communicate the issue promptly or assure the client I am still actively working on their matter, this maintains a positive relationship with the client.

In terms of solving legal issues, how do you support your clients throughout the process?

As above, communication is key! It is important to cut out legal jargon and explain legal issues in plain language. I always encourage questions, as this is the best way to not only make sure the clients understand everything, but also to help me improve the way I serve clients in future.

Do you ever find yourself providing support and advice on wider issues related to your client’s case?

All of the time! Asking open questions is a great way to get a fuller understanding of the client’s needs. There are other matters that arise once a client finishes a case. For example, if a client is purchasing a property, they might benefit from creating or updating their will to reflect this. Of course, this might not be something at the forefront of their minds. It’s the solicitor’s responsibility to be proactive in providing advice in these situations.

What do you enjoy most about working with and supporting your clients?

The opportunity to work closely with people and develop relationships with them is incredibly rewarding. Especially in the moments when the work itself is a grind. Additionally, I find their experiences can often provide me with context to the issues on which I am advising. It can be easy to focus only on the legal rules and principles, so real examples of these in practice can remind me of the practical benefits and importance of the advice we provide, as well as help me to help clients more effectively in future.

How can we help

CJCH has experienced professionals offering advice in wide areas of personal and business law. We provide bespoke legal service and high-quality advice. Get in touch with a member of our team today.

Get in touch via:

Email: admin@cjch.co.uk

Telephone: +44 (0) 29 2048 3181

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Cohabiting Couples & the Law – Protect Your Rights!

The number of cohabiting couples continues to rise to over 6 million in 2018. This coincides with a decline in marriage rates, which have fallen since their peak in the early 1970s. With this in mind, what does it mean for couples that are choosing to forgo tying the knot?

It is often overlooked that unmarried couples do not enjoy the same rights as married couples. It is therefore important that married couples are aware of this difference so that their rights are protected. Our solicitor in Family Law, Sarah Perkins, discusses the rights of married and unmarried couples and dispels some myths surrounding ‘common law marriage’.

What does ‘common law marriage’ mean when people refer to cohabiting couples? Is it a myth?

Common law marriage in the UK is a myth.  The term refers to couples who choose to live together unmarried.  Worryingly, many people in the UK believe “common law marriage” exists and that unmarried couples enjoy the same legal rights as married couples.  This is not the case.

How do the rights of married and unmarried couples differ?

The rights of married and unmarried couples differ in several ways. For example, when an unmarried partner dies without leaving a will, the surviving partner will not inherit anything.  Unless, however, the couple jointly owns property and assets. A married partner would automatically inherit all or some of the estate under the rules of intestacy.

Additionally, cohabiting partners cannot access their partner’s bank account if they die. Whereas married couples may be allowed to withdraw the balance providing the amount is small. Cohabiting partners are not legally considered to be next of kin.

Following separation, an unmarried partner who has stayed at home during the relationship to care for children cannot make any claims in their own right for property, maintenance or pension sharing. It is irrelevant if the decision to care for children was to the detriment of the person’s earning capacity and regardless of how long they lived together.

There is no legal obligation on unmarried couples to support each other financially. Whereas married partners have a legal duty to support each other.

Furthermore, if an unmarried couple lives in rented accommodation and the tenancy is in only one partner’s name, the other has no legal right to stay in and occupy the accommodation.  When married, each partner has the right to live in the matrimonial home.

What legal considerations do you think unmarried parents should be aware of?

An unmarried father does not have automatic parental responsibility for a child. Parental Responsibility is acquired by an unmarried Father when named on the Birth Certificate or an Order of the Court.

If an unmarried parent dies without leaving a will, the other parent will not inherit anything unless it is jointly owned.  If the child is the deceased parents’ next of kin, then the child will inherit all or part of the estate. The estate If the child is a minor, the estate will be held on trust. It is therefore of utmost importance that unmarried parents have up to date wills reflecting their wishes.

Tell us what a cohabitation agreement is and how it could help unmarried couples.

A Cohabitation Agreement is a written document which sets out the parties’ intentions concerning property and other assets. It provides certainty regarding property division in the event of a relationship breakdown.  Agreements can include the following information:

  • who will be responsible for payment of rent or mortgage and various household bills;
  • ownership of personal belongings and furniture;
  • ownership and shares of jointly owned property;
  • detail the living and contact arrangements for children following the breakdown of the relationship.

Provided the agreement is drafted correctly it is legally enforceable.

Are there any other measures cohabiting couples can put in place to protect themselves if they split up or one of them dies?

If properties are purchased jointly but with unequal contributions to the purchase price, unequal contributions to mortgage payments and other expenses related to the property, the property should be held as Tenants in Common and a Deed of Trust drawn up upon purchase reflecting the arrangement.

Cohabiting couples should ensure that they have up to date Wills reflecting ho should inherit their assets and belongings in the event of death.

How can we help:

Get in touch with an experienced member of our team today. Contact us via:

Telephone: 0333 231 6405

Email: family@cjch.co.uk

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Solicitors and the Conveyancing Process

Whether you are buying or selling property, the experience can be a stressful time. Property law is complicated, convoluted and confusing. It is important to ensure that the conveyancing process is handled effectively. This ensures that the property transaction is legally sound and protects you financially.

Our specialist solicitor, Myles Thomas, looks at the conveyancing process and the benefits of a solicitor/conveyancer handling the matter for you, rather than a DIY approach.

For more information, get in touch with a member of our team today.

What is conveyancing and what is the process that is usually followed?

Conveyancing is the transfer of the legal title of a property from one person to another. As solicitors, we are responsible for ensuring our client has a good and marketable title to a property. We check the title, and if buying, request searches (Local Authority, Water & Drainage and Environmental), raise and respond to any pre-contract enquiries, arrange the signature of documents and deal with the transfer of funds upon exchange/completion.

Exchange is the point at which the contract becomes legally binding. Finally, completion is when you get the keys to your new home!

As a solicitor, what are your main responsibilities and duties during conveyancing?

Our obligation is to affect the completion of the sale or purchase for our client, ensuring they obtain a good title and their interests are protected throughout.

What value does a solicitor bring to the conveyancing process as opposed to an alternative service or a DIY approach?

Experience and qualified knowledge enable us to provide expert, proactive advice. This allows the matter to run smoothly. It is possible to do your own conveyancing, however, this is not a good idea as the process is complicated and time-consuming.

What issues can arise both in the short term and the long term if someone takes a DIY approach to conveyancing?

From our experience, the lack of professionalism caused by unqualified conveyancers almost always incurs cost on the client. When the matter is dealt with by professionals, the chain delays and additional expense is avoided.

Buying property is one of the most expensive purchases we make, so why leave anything to chance?

How do you support your clients through the conveyancing process?

Communication is key to what is traditionally a stressful and expensive time. We keep our clients proactively updated throughout the transaction and readily available to answer enquiries they may have to relieve stress and assure them that they are in safe hands.

How can we help?

CJCH is committed to providing high quality, friendly advice. Our team has over 35 years’ experience in dealing with these matters. Get in touch with a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Supporting Employees & Gender Identity

The month of June marks Pride Month, celebrating the LGBT+ community worldwide.

CJCH joined a discussion looking at how employers can support employees when it comes to expressing their gender identity and how they can make the workplace a safe and understanding environment

It must be daunting for an employee to express to an employer, or their fellow colleagues, their gender identity. Unfortunately, discrimination in the workplace around individuals expressing their gender identity still exists. The biggest barrier to inclusion is a lack of knowledge amongst employers and employees. Therefore, raising awareness of these issues is vital to promote inclusion. Our solicitor, Myles Thomas, outlines how employers can best support their employees expressing their gender identity.

What is The Equality Act 2010 and The Gender Recognition Act 2004 and how do they protect employees?

The Gender Recognition Act 2004 allows people in the United Kingdom who have gender dysphoria, (which is the condition of feeling one’s emotional & psychological identity as male or female to be opposite of one’s biological sex), to change their legal gender.

The Equality Act 2010 protects individuals in Great Britain from (either direct or indirect) discrimination, harassment and victimisation. There are nine protected characteristics, which are:

  • Age
  • Race
  • Gender Reassignment
  • Pregnancy and Maternity
  • Disability
  • Religion or Belief
  • Marriage & Civil Partnership
  • Sex
  • Sexual Orientation
When it comes to employees who are transitioning, or who are expressing their gender identity, what is classed as discrimination?

You are entitled to protection from discrimination if you identify as transgender under the Equality Act 2010. Discrimination occurs under four categories:

  • Direct: When someone treats your worse than another person in a similar situation because you are transgender
  • Indirect: Where an organisation or employer has a policy or way of working that puts transgender people at a disadvantage
  • Victimisation: When you are adversely treated because you have raised the issue of gender reassignment discrimination under the Equality Act. You may also be victimised if you are connected to someone who has complained about gender reassignment discrimination.
  • Harassment: Where someone makes you feel humiliated, offended or degraded because you are transgender.
What are the consequences of discriminating against an employee because of their expressed gender identity?

The employee who is discriminated against could make a claim in the County Court or Employment Tribunal. The result is potentially a large financial penalty. For the individual in question, this may cause emotional distress and affect job performance.

How can employers make sure they are fully equipped to support an employee expressing their gender identity or transitioning?

The effectiveness of a ‘one size fits all’ approach is unlikely. The process is an ongoing one and every person expressing their gender identity is different. However, a good start for employers is open-mindedness to the needs of their employees. Moreover, take the time to understand their concerns. Additionally, awareness of potential health issues with gender reassignment. If an employee requires time off work, then these periods of time off should be treated the same as an employee needing time off for health-related issues.

How can employers make their workplace a safe and understanding environment for employees, no matter how they identify?

It is important to have a clear diversity policy, which is properly enforced & available to employees. Above all, the policy should state that employers will not tolerate any kinds of discrimination. There should be consideration for how to raise concerns and how to best protect individuals. Finally, regular training of employees and of HR employees will help create a culture of inclusivity and acceptance.

How can we help:

Seeking specialist employment law advice is essential to achieve the best outcome to a grievance, dispute or claim against a past, prospective or current employer. We recognise the importance of resolving sensitive employment difficulties. Speak to a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

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Communicating with Clients and Cutting through Legal Jargon

Communicating effectively with clients is essential for a productive client-solicitor relationship. Solicitors must take care to ensure that communication with clients is clear and tailored. It is important clients get the first-rate service they paid for. Our trainee solicitor, Amy Palin, sat down to discuss how she cuts through legal jargon and tailors advice so that both client and solicitor are always on the same page.

How do you help your clients understand their case when it comes to more complicated aspects and legal jargon?

I always try to simplify everything without patronising the client. It’s easy to get into the habit of using legal jargon with colleagues in the office, but when speaking to the client take care to explain the matter in plain language. I try to find examples that are more likely to stick in their mind, so that the client feels they know how their matter is being handled. Finally, I encourage the client to ask questions and create an environment where they feel comfortable doing so.

Every client is unique, how do you approach tailoring your advice to make sure their individual needs are met?

When taking instructions, I always start with an open discussion as to how the needs of the client can be met. This broadens the scope of the discussion and might reveal other concerns they may have. Ultimately, by getting to know the client and their concerns it means we can work out what the client needs. This is the best way to deliver a satisfactory conclusion to their matter.

Do you do anything aside from the usual emails and face to face meetings to communicate with clients?

At CJCH we try to accommodate our clients as best as we can. For our clients based overseas we can arrange Skype/conference calls. Furthermore, our diverse team speaks over 22 languages, which means we can usually deal with any translations for clients in-house rather than relying on an outside interpreter for communicating.

What are the benefits of clients feeling that they can ask a solicitor questions and then actually doing so?

When a client asks questions, they will have a better understanding of their matter. Additionally, it is good for the client-solicitor relationship if the client does not feel removed from the details & complexities of the process, they will likely be more satisfied with the service. Furthermore, clients asking questions forces me to challenge the way I respond and shows me areas where I might improve to provide clients a better service in future.

What tips would you give to clients when it comes to having open communication with a solicitor?

Ask questions! Always tell your solicitor if what they are saying does not make sense. Doing this at the outset will usually make the matter proceed more smoothly and efficiently. It is also the best way for law firms and solicitors to develop and make progress as to the best ways to meet clients’ needs.

How can we help:

CJCH is committed to providing expert, clear and tailored advice on a wide range of personal and business law matters. Speak to a qualified member of our team today. Get in touch via:

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

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Living with Dementia and Planning Future Care

A dementia diagnosis is undoubtedly devastating news for individuals and their families. Although it might be hard to discuss, it is important to plan for your future care and ensure your wishes are carried out.

John Moore

This week, CJCH took part in a discussion with the Law Society as part of their Dementia Action Week campaign. Our specialist solicitor, John Moore, joins the conversation, which aims to unite people through discussing living with dementia and planning for future care.

How can a solicitor help someone living with dementia plan for their future?

If a person still has mental capacity, a solicitor can put a Lasting Power of Attorney (LPA) in place to ensure that the person’s finances are managed in the future.

What are Lasting Powers of Attorney and what do they cover?

An LPA grants a trusted individual the power to make decisions on behalf of the donor, if the person is unable to make the decision themselves. There are two different types of LPA. They are for health & and welfare, and for property & financial affairs. It is possible to draw up one or both. Moreover, a different person can be appointed for each LPA, or both can be the same.

What is a deputy and how can you become one?

A deputy is someone appointed by the Court to manage someone’s affairs where they don’t have the mental capacity to make an LPA. A Court application is needed.

What is an advance statement and how can it help someone living with dementia?

An advance statement is a way to provide instructions about your wishes to assist people in making decisions about your health or social care in the future – especially if you lose the capacity to make decisions or communicate them.

What advice would you give someone living with dementia when it comes to planning for the future?

Undoubtedly a difficult topic to discuss, it is important to plan by making an LPA and clearly set out your wishes so that you are cared for properly and receive the assistance you need if your health were to deteriorate.

How can we help?

At CJCH, we use our combined expertise to help you plan for your future care. For more information, contact us via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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No Fault Divorce – 6 Things You Need to Know

The government plans to change the law surrounding divorce to remove the concept of fault.  According to the Justice Secretary, this proposed reform will come into force ‘as soon as parliamentary time allows.’ Our specialist Family & Matrimonial solicitor, Sarah Perkins sat down to discuss the proposed changes in the law. Here are 6 things you need to know about no fault divorce.

What is the current process for divorcing or ending a civil partnership in England and Wales?

Under the existing Matrimonial Causes Act 1973, an applicant must prove to the Court that their marriage has irretrievably broken down.  This is based on one of the following criteria, that the other party:

 

  1. Engaged in Unreasonable Behaviour
  2. Committed Adultery
  3. Deserted (one party has deserted for two years or more without explanation)
    Or:
  4. Two years separation with the consent of the other party
  5. Five years separation with no requirement of consent

Therefore, unless a couple has been separated for at least two years, one person must blame the other and prove fault either by way of examples of their unreasonable behaviour or adultery which must either be admitted by the other party or proved.

As a result, respondents to a divorce often contest proceedings which results in increased conflict and expense.

How is the law set to change regarding no-fault divorce?

No-fault divorce will remove the old five criteria set out above. They will be replaced with a requirement of notification to the court, a statement of irretrievable breakdown.

Furthermore, the government plans to:

  • Allow couples to give notice and apply jointly
  • Remove the ability for one party to contest the divorce
  • Introduce a minimum time frame of six months from Petition to Decree
  • Absolute to allow time to reflect on the decision to divorce and access any support such as counselling or mediation
  • Retain the ban on applications in the first year or marriage
How will the new law impact the family law landscape?

The aim of the new law is to remove the element of blame, reduce conflict and hostility between parties and simplify the process.  This enables parties to concentrate on the children and financial matters arising from divorce and protect any children of the family from ongoing parental conflict.

The new law could see a rise in the number of divorce applications as parties will no longer have to wait for a period of two years if they wish to divorce without blame being apportioned to one party.

Depending on the simplicity of the finalised process, there may be an increase of couples divorcing without guidance from Family Law practitioners. However, independent legal advice should still be sought in relation to children and financial matters which would not be affected by the new legislation.

How will the change in law affect clients and the process of divorce?

The proposed change in the law will allow clients to apply for a divorce without blaming one party, without having to wait for a period of two years or more. Consequently, it will allow couples to apply jointly and remove the ability for one person to contest a divorce.

The proposed plan is to introduce a minimum time frame of six months from petition to decree absolute.  This allows time for both parties to reflect on the application and access any support such as counselling or mediation.

Will people currently going through a divorce be impacted by the change in the law?

The law is not in force yet – it will only apply to divorces applied for after the date of the legislation

How can a solicitor help you know where you stand if your relationship breaks down?

A Solicitor can advise you of all your options following relationship breakdown including separation agreements, judicial separation or divorce and help you decide which is the right option for you.

Furthermore, solicitors can also advise and assist in making child arrangements and advise in relation to all financial issues arising from your separation including what to do with the family home, dividing any assets from the relationship, looking at income and pensions to ensure that you and any children of the family are fairly provided for.

How can we help?

Speak to a member of our dynamic team in Family, Matrimonial and Childcare Law who will use their extensive knowledge and experience to support you.

Get in touch via:

Telephone: 0333 231 6405

Emergency Telephone: 07967 305949

Email: family@cjch.co.uk

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CJCH 2019 Diversity Results

CJCH took part in the 2019 SRA Diversity Survey. We are committed to hiring and retaining a diverse workforce not limited by age, gender, sexuality or any other background.

Embracing diversity & equality has a positive affect our employees and on the wider community that CJCH is proud to serve.

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Your Business, Your Solicitor – Adding Value to your Business with Legal Advice.

Business Law

Last week we took part in Solicitors Chat with the Law Society as part of their ‘Your Business, Your Solicitor’ campaign. Gareth Thompson, Head of Commercial at CJCH sat down to talk about the various ways a commercial lawyer can use their business law expertise to facilitate properly informed decision making for their clients.

What are the benefits of consulting a solicitor for business law advice?

Solicitors can carry out proper due diligence and risk assessment. Consulting a commercial lawyer can add value to a business by promoting legally compliant and ethical business dealings.

What issues do you advise businesses on as a solicitor?

Commercial lawyers can give advice on a wide range of business matters. Everything from commercial acquisitions, employee relations, asset securities, business structuring and raising investment capital.

How do you work with your clients to make sure their needs are met?

The most important job of a commercial lawyer is to understand the business structure, aims and objectives of your client. Communicating constructively with your client and managing their expectations correctly to meet their needs.

Ultimately, a good commercial lawyer will act like a business partner, not just a service provider. Advice should always be relevant, and outcome focused.

As a solicitor, what value do you feel you can bring to a business?

Solicitors can add value to a business by being proactive at managing risk, protecting revenue, maintaining cash flow and maximising profits. Commercial lawyers can provide tailor made solutions to businesses of all sizes – from start-ups, medium size or large organisations.

What are the key things that make a positive solicitor/client relationship?

There needs to be understanding of the client and solicitor’s roles, needs, objectives and goals. It is important to be honest about your intentions, expectations and the ability to deliver. You must be transparent about time, costs priorities and resource management. Ultimately, for a positive relationship there needs to be trust – in expertise best intentions and commitment to outcomes

How can we help?

If you have an inquiry about your business, CJCH’s commercial services span the full spectrum of corporate and commercial requirements. Talk to a qualified member of our commercial team today.

Get in touch via:

Telephone:  0333 231 6405

Email: commercial@cjch.co.uk

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The Importance of Protecting your Intellectual Property

Protecting Your Intellectual Property

According to the World Intellectual Property Organisation, one third of the value of the products we buy comes from intangibles like Intellectual Property. Intellectual Property spurs innovation and drives growth in the economy.

Our specialist Solicitor, Ana Kocmut-Saunders, is on hand to explain the importance of Intellectual Property protection for your business and your brand.

What is Intellectual Property

Intellectual Property (IP) is a category of property resulting from human creativity. It is divided into two classifications. The first is Industrial Property, which includes patents, trademarks and geographical indications. The second is Copyright, which encompasses works of literature, films, drawings etc.

Benefits of protecting IP

IP rights allow creators & owners to benefit from their own work and investment. This gives owners a legal right to stop others from using their property without their permission. Through IP rights, holders set their business apart from their competitors by being recognised as a reputable supplier of goods and services.

The main goal of any business is to make a profit and IP rights, if protected and maintained properly, provides business with a revenue stream. Therefore, the risks of not protecting your IP can result in damage to your business and your brand.

Different types of IP protection

There are different types of protection depending on what was created. Under UK Law, some types of IP protection are automatic, whilst others you must apply for. Copyright is an example of automatic IP protection after the creation of music, literature or some other artistry and lasts for 70 years after the author’s death. Whilst Trademarks must be applied for and confer protection for 10 years.

Importance of seeking legal advice

Only through seeking legal advice can you ensure your business is fully protected from unfair competition and counterfeiters. Small businesses often make the mistake of not seeking legal advice on protecting their IP to save money. However, not protecting your IP can leave your business vulnerable, which can mean significantly higher legal costs down the line.

How we can help

For more advice on protecting your Intellectual Property, contact a member of our IP, Anti-Piracy & Compliance Team for dynamic, professional advice.

Telephone: 0333 231 6405

Email: consulting@cjch.co.uk

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CJCH Solicitors – Wales Legal Awards Finalist for Corporate and Social Responsibility segment

The team here at CJCH Solicitors were beaming recently when we learned of our firm being named a finalist in the Legal and Financial category of a leading local awards initiative. Our excitement has more than doubled when it was recently announced that our firm had also been listed as a finalist in the newly established Wales Legal Awards in the category of Corporate and Social Responsibility Programme of the year.

Our CSR initiative is lead by our senior partner, Jacqui Seal, together with a team of our staff. In 2018, our programme included on-going support for main charity, Y Bont school for children living with disabilities, who we partner with to support their events, conduct fundraising initiatives on their behalf and generally offer our support where we can.

Other initiatives we have taken on in 2018 have included:

  • Developing a campaign to raise £3000 to donate to Huggard centre for the homeless.
  • Exceeding our 2017 milestone by raising over £2000 on behalf of Will Aid charity when our private client solicitor team donated their time to provide Will drafting services to the public in exchange for donations to the charity.
  • Donating time and support to the Recovery Cymru initiative. 
  • We also worked with family and lifestyle blogger, Cardiff Mummy Says, to provide legal insights and awareness for various family-related matters over the last year.

We are proud to be representing this category of the awards, as the ethos of the CJCH legal practice is to always give back to the communities in which we provide services.

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Expert speaks out on everything you need to know about a Blue Monday job crisis

Blue Monday is considered to be one of the most depressing days of the year for every-day working people.

It’s a day that often leads to self reflection, and encourages many to question life and relationship decisions, but more commonly work-related choices.

With that in mind employees across Wales could be contemplating handing in their notice of resignation this January 21. And CJCH Solicitors’ employment law expert Nigel Daniel revealed that the firm does traditionally experience an upturn in employment queries throughout January.

But where do employees stand legally if they make a snap decision to leave their job? Where do employers stand in this situation? And what happens next?

Here, Mr Daniel answers all the questions that discontented employees, and their employers, may have this Blue Monday.

Do you see an upturn in queries to the Employment Team on Blue Monday/ or during January?

It is usually the position as far as this firm is concerned, that we see an upturn in relation to Employment Law in the month of January, however this year there has actually been a decline at CJCH.

What sort of issues is the employment team contacted about? 

At this time of year, there are the inevitable enquiries about incidents arising out of Christmas Parties.  From the employer’s perspective, we have instructions regarding the implementation of disciplinary procedures, enquiries from new start-ups and unfortunately in this present uncertain economic climate, queries regarding redundancies and procedures that have to be followed.

Regarding the issue of Blue Monday and employees it may very well be the position, that if and when an employee decides to leave, we may have enquiries both from the employer and the employee regarding the possible impact of post-employment agreements.

What is the most common problem people contact your team regarding?

The Employment Team in CJCH, undertakes a broad spectrum of work involving both contentious and non-contentious Employment Law matters.  We are frequently instructed to prepare company handbooks, advice on disciplinary and grievance procedures and all aspects of family friendly policies.

On the contentious side of matters, the introduction of Section 111(a) Protected Conversations, means that we are frequently asked to try and negotiate exit packages for employees by both the employee and the employer.  In addition, of course, we are always instructed to act on matters involving unfair dismissals, wrongful dismissal and areas of discrimination.

The increasing awareness of the Me Too campaign has led to an increase of enquiries from female employees who have suffered the indignity of unwarranted attention of a sexual nature. 

What are the options for someone who wanted to leave a job with immediate effect and not give notice?

Most responsible employers will have in place contracts of employments for their employees which will give a clear indication of what notice the employee is entitled to, whether or not it is contractual or statutory.  In addition, most contracts of employment will give a clear indication of what period of notice an employee is required to give the employer.

It is the position, that even when there is no formal contract of employment, the employer is under a statutory obligation to provide an employee with a written statement of the main terms and conditions of his/her employment within two calendar months of starting work.  This should also include the notice provisions.

If therefore, there is no contract of employment or for that matter a Section 1 Statement of Terms and Conditions, the Employment Rights Act lays down the minimum period of notice required from an employee, that is one week.

It may very well be the position, that an employee who wishes to leave a job with immediate effect can agree with his employer to waive the notice period.

If however the employee leaves his job without giving notice, and without the agreement of the employer, a number of situations may arise.

  • It may very well be the position, that post-termination restrictive covenants are in place and the employer may very well seek injunctive relief to prevent the employee starting employment with a new employer if, there is a risk that the post-termination restrictive covenants would be breached.
  • It may also be the position that the employer is concerned about the breach and can refuse to accept the employee’s repudiation and request that he/she sits out the notice period at home.
  • It is also possible for an employer to seek damages against an employee who leaves in breach of notice provisions if it can be shown a financial loss has arisen.  However, circumstances such as these are very rare, as quantifying loss is difficult.

Can someone leave during a probationary period and what would they need to consider?

Leaving during a probationary period, has very similar consequences as above.

The main difference of course, is that an employee who wishes to leave during a probationary period is usually in the position of finding out, that he is not suited or does not like the post he has taken.

There are very rarely any circumstances, where an employer would seek to take action in such circumstances, other than possibly where the employer has paid for the employee to attend training courses prior to commencement of his employment and/or during the probationary period.

In those circumstances, there may be a recoupment provision.  In addition, notwithstanding the fact that an employee is in a probationary period, he may have gained confidential information which again may be subject to post-termination restrictive covenants.

What if a staff member is on Maternity Leave? What would they need to do to change jobs?

If a member of staff is on Maternity Leave, and wishes to change jobs, then the Maternity and Parental Leave Regulations provide that the female employee is bound by the contractual obligation to give notice to terminate her employment.

So a woman on Maternity Leave who decides not to return to work must advise her employer before the end of her leave period, either by a notice period which is contained in a Contract of Employment, or by the Statutory Minimum of one week under Section 86 of the ERA.

What industries do you generally get the most queries of this nature from? 

Most enquiries at this time of the year are generated from the care industry, retail, health care and security industries.

What is your top tip to anyone who might be spurred on to change jobs from Blue Monday?

Any Employee who is minded to change jobs under the Blue Monday syndrome, should consider a number of issues.

Firstly, it may very well be the position that they have more than two years continuity of service.  To leave therefore, would mean starting again and losing all employment rights that have been gained through having two years continuity of service.

In addition, any employee minded to leave and change jobs must also be acutely aware of any contractual provisions relating to the dissemination of confidential information, and of course post-termination restrictive covenants.

If the situation has arisen where the employee for some reason has become dissatisfied with his/her role, then possibly speaking to the HR Department or a line manager to discuss areas of dissatisfaction may resolve a problem.

CJCH Solicitors’ employment team is highly experienced and skilled in all aspects of employment law and the provision of HR legal services.

It supports a wide range of employers from SMEs to household name companies, universities and public sector organisations.

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CJCH History Month: The Story of Patchell Davies Solicitors

By Amy Palin

In April 2017 CJCH Solicitors welcomed its newest addition to the firm, with the incorporation of, Blackwood based, Patchell Davies Solicitors.

The story of Patchell Davies begins in 1977, when a new face arrived on the legal scene in Blackwood, Howard Patchell. After working less than a year as an Assistant Solicitor in a local firm, he became a partner, but it would only be four years before Howard decided to go it alone and open his own practice. Howard Patchell & Co opened its doors on Pentwyn Road, Blackwood in January 1982.

The firm grew from strength to strength, and in 1985 was joined by Graeme Davies. This marked the beginnings of the team that, despite changes over the years, would remain at the core of the firm throughout.

Graeme’s arrival at the firm allowed for the expansion of its expertise, in family law and litigation, areas in which he specialises.

With an expanding team and growing demand, the firm moved to bigger offices at its current location on Blackwood High Street in 1987.

It was in 1992 the firm officially became established as Patchell Davies, the name by which it has been known for nearly three decades, and under which it became a well-known and respected face on the High Street, offering clients a wide range of services.

Howard Patchell specialises in Wills, Probate, Conveyancing, and Commercial work. Graeme Davies is accredited as a Senior Litigator by the Association of Personal Injury Lawyers and is a member of the Family association Resolution. David James, who has been with the firm for eight years, and the firm’s newest addition, Joanne Lerwill, specialise in Conveyancing.

The firm today takes pride in its reputation and loyalty from clients. This can be attributed to the quality of service, and also to the relationships developed with longstanding members of staff, who give clients the confidence that they will always receive a professional service with a personal touch.

Now an integrated part of CJCH Solicitors, the team from Patchell Davies continues to deliver their impeccable work ethic and client service standards.

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Mental Health law: Support, resources, and insights.

We have come a long way in terms of awareness and support, but Mental Health matters continue to have a stigma and an air of uncertainty overshadowing them. For example, a 2016 survey by Time to Change Wales revealed that 1 in 10 people believe that people with mental health illnesses can never fully recover, and 1 in 7 believed that people with mental health problems should not be allowed to hold public office. People still have reservations about speaking openly and honestly about their personal mental health experiences and challenges.

In a bid to raise awareness, the CJCH Solicitors mental health department have shared insight into some of the information we believe people should be aware of when it comes to mental health law.

We asked Craig Mills, a solicitor in the mental health law department to answer a few important questions:

What the aim of mental health law is?

The Mental Health Act protects the rights of people with mental health challenges, not only when someone is detained in hospital but also when someone is being treated for their ailments within the community under the Act. People should only be admitted to hospital against their wishes when it is essential to their health and safety or the protection of others.

What should people be aware of when it comes to matters relating to mental health?

Personal rights are an important thing for people to be aware of. There has been a lot of mental health advocacy recently and people need to be aware that it can affect individuals in a number of different ways  (Read a recent article in BBC News on South Wales Police wanting mental health lessons for youths). It can sometimes be difficult to identify when/if people are suffering from mental health problems, but it is important that everyone is aware that help is available. There are a number of mental health charities that can provide support.

Here are some links to assist with finding the right support for you or your loved ones:

For an example of how these matters are impacting people in Wales, you can read this recent article about three people’s personal struggle with mental illness which was shared for World Mental Health day.

For more information or assistance with a mental health legal issue, contact our team via email: mentalhealth@cjch.co.uk ; to telephone: 0333 231 6405.

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#SortYourLifeOut – A mantra of taking control

At CJCH Solicitors, we aim to put our clients first and to support the communities in which we operate. With four offices spanning across South Wales, and two satellite offices in England, we have the ability, expertise and resources to offer our clients a wide range of services in several locations.

Our Family, Matrimonial and Children Law and Private Client departments recently launched a new ad campaign to reach out to people who may have questions and need support in difficult times. We hope to help guide them and ease the stress associated with situations such as planning a will, dealing with the probate of an estate, or considering all elements involved in a separation or divorce. There are many instances when people could benefit from the advice and guidance of an experienced and approachable solicitor, and we at CJCH have made it our mission to improve access to legal support and deliver personalised service.

Our new campaign is called #SortYourLifeOut, which is positioned as a helpful and uplifting slogan rather than the joking and judgemental tone it is often said with.

Take charge of your life. Put your plans in place. Be the victor, not a victim. Sort your life out.

Our campaign focuses on the fact that in every situation we face in life, no matter how testing or difficult, the choice to proactively plan, react and prosper is our choice to make. No one enters a marriage with the dream of it ending, and no one has children with their partner with the plan to raise them in separation, but should these things happen, our team is here to help you take the right steps towards making the most out of it and planning for a positive outcome.

#SortYourLifeOut is an uplifting mantra, of possibility, opportunity and silver linings.

At CJCH, we can help you #SortYourLifeOut.

To get in touch with us and see how we can assist you, click here for our contact details.

Follow up on Facebook, Twitter and LinkedIn.

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CJCH Solicitors acquires Blackwood based, Patchell Davis

Cardiff based CJCH Solicitors has attained considerable media and industry coverage recently due to our rapid expansion strategy, dedication to client services, thought leadership in global anti-piracy, and commitment to supporting the Welsh community. We continue that trend for service excellence and geographical reach with the recent acquisition of Blackwood based solicitor firm, Patchell Davies.

Patchell Davies Solicitors opened its doors in Blackwood over 30 years ago and has been dedicated to supporting the legal services needs of the local and neighbouring communities ever since.

As of May 2017, Patchell Davies Solicitors was officially incorporated into CJCH Solicitors expanding the practice, already servicing clients around the globe, to six offices across the United Kingdom.

“CJCH is constantly looking to see how it can make the Welsh legal industry a more integrated and customer-centric one. We have achieved levels of working efficiencies and client service excellence that allow us to complete in local markets where pricing is under pressure. Growth has always been our strategy and we are delighted to acquire Patchell Davies who complement our teams of advisors” Nick Wootton, CJCH Chief Financial Officer and Merger & Acquisition Specialist.

 

 

 “We pride ourselves in offering dedicated, personalised and results-orientated legal services to the Welsh community, and now we are proud to have become part of a practice which aligns to our core values and strives for excellence and innovation on a global scale.” Howard Patchell, Director of Patchell Davies Solicitors.  

CJCH has a global Intellectual Property and Technology with a Global Anti-Piracy and Cyber Protection development program, these skills are being rolled out across the firm in pursuit of our goals of establishing Wales and a central hub for Cyber Security thought leadership. The acquisition of Patchell Davies Solicitors will further promote our rollout plan, as we will be identifying and up-skills selected team members within the new Blackwood office to ensure the capability is present in all CJCH offices, and for all CJCH clients.

“The acquisition of Patchell Davies sees us broaden our services into a new geographical area. Our journey to a true customer focused legal practice, with local Welsh values and International capabilities is a continuous and evolutionary one. We see the incorporation of Patchell Davis into the CJCH Group as a step in the right direction towards achieving this goal, and bringing world-class legal support to Wales.” Tim Hartland, Managing Partner – CJCH Solicitors.

CJCH Solicitors contact information: admin@cjch.co.uk; 0333 231 6405

For further information on CJCH Solicitors please visit our website at www.cjchsolicitors.co.uk.

 

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Reflection on Mental Health Awareness Week with a look to the future.

By Keith James, Solicitor/Partner

Last week, 8 to 14 May 2017, marked UK Mental Health Awareness week for 2017. The purpose of this annual event is to ‘prompt a national conversation about what we can do as communities, schools, families and individuals ‘to move from surviving to thriving’ (The Mental health foundation).

There is little doubt that in recent months awareness of the wide variety of mental health conditions and of the impact of mental health problems has grown and now appears to be rising up the political agenda.

High profile individuals who have experienced the impact of issues such as depression, including prominent figures in the football world, have helped to shine a light on how mental health problems can impact on the lives of everyday people – Mental Health issues do not discriminate.

Also in the news have been many stories from prominent individuals of how bereavement can impact on families and how help can be provided to families to talk through these issues.

Of particular current interest is how the result of the general election will impact on Mental Health Law and the provision of Mental Health Services. Already suggestions have been made of manifesto commitments to increase provision of community mental health staff and services but also a suggestion that the Mental Health Act should be replaced. This perhaps is the most intriguing suggestion.

The Mental Health Charity, Mind, has called for a review of the Mental health Act but there is a suggestion this could go further to avoid ‘unnecessary detentions’. It will certainly be interesting, during the General Election campaign, to see if this forms part of a manifesto commitment. Of particular interest will be what alternative proposals are suggested.

There is little doubt that Mental Health issues have risen up the political agenda, and for CJCH will continue to be an important part of our focus and drive to support our community.

For any questions or queries, please do not hesitate to contact our Mental Health and Mental Capacity Law team at mentalhealth@cjch.co.uk or call on +44 333 231 6405 (24 hour emergency line: +44 7967 305949)

Engage with us on Facebook, twitter or LinkedIn.

Announcements

CJCH are Lexcel accredited

We are pleased to confirm that CJCH are Lexcel accredited recognised by the Law Society of England and Wales.

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CJCH Solicitors have become a limited company

As of Monday October 14th, 2024, CJCH Solicitors have become a limited company.

CJCH Solicitors is now the trading name of CJCH Legal Ltd, a company registered in England and Wales under company number 15452031. The registered office is Williams House, 11-15 Columbus Walk, Cardiff CF10 4BY.

CJCH Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA Number 8009371). Please note there is no change to our bank account number and sort code.

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Winner: Public Law Team of the Year 2022 – Wales Legal Awards

We are proud to announce that the CJCH Court of Protection team was named the Public Law Team of the Year in the 2022 Wales Legal Awards. Recognising the work they do with individuals who lack the capacity to act in their own best interests.

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Winner: Cardiff Life Awards 2019

With a dedicated focus on service excellence, and a passion for innovation the CJCH team was the proud winner of the best Legal and Financial Business of the Year in Cardiff for 2019!

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Winner: Cardiff Business Awards 2018

CJCH Solicitors: Award-Winning Growth and Success

CJCH Solicitors has experienced unprecedented growth and achieved important milestones over the last few years, all of which have culminated in the first half of 2018 being a prosperous year for us at the Firm and winning the Financial and Professional Services of the Year award.

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