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Tag: 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 – Celebrating the Women at CJCH

In support of International Women’s Day 2020, we interviewed Fuen, Allison, Sally and Rebecca from our Cardiff, Blackwood, Barry and Bridgend offices to talk about why it is important to celebrate International Women’s Day and how we can achieve gender equality in the legal profession.

Why is it important to celebrate International Women’s Day?

It is important to celebrate National Women’s Day to honour the achievements of women throughout history. We must celebrate the part they have played in minimising discrimination against women and increasing their access to rights enjoyed by men. But also to celebrate women of all backgrounds, ages and cultures coming together for one cause, to strengthen and empower women.

What woman inspires you the most?

A woman who inspired me was Princess Diana. Marrying into the Royal Family gave her a life of material luxury which she could have enjoyed without a care in the world. However, she took it upon herself to use her celebrity status to help as many people as possible. She raised awareness of humanitarian issues. She worked tired for charities and her selfless attitude can be summed up by one of her most famous quotes “Anywhere I see suffering, that is where I want to be doing what I can” She used her immense influence to shine a light on forgotten causes.

What can we do to achieve equality in the legal profession? 

Whilst we have undoubtedly made progress over the years, we are still not where we need to be. The three main things the legal profession should focus on is closing the gender pay gap, raising awareness of unconscious biases and making work more flexible around family obligations.

I think generally women need to support other women. Whilst this might be a cultural problem, employers definitely play their part. I’m glad that CJCH encourages a culture of female employees supporting and empowering each other.

Have you encountered any challenges as a woman in your career?

Yes, however, they are more than visible challenges. Most of them are not obvious and they have more to do with the way in which women are educated and the constrained expectations society has on us. For example, because of this subtle, often unnoticed sexism, women tend to second guess their own judgement, seek external validation or moderate their speech in professional settings. For example, saying “If I may…”, “maybe…”, “perhaps…” before interjecting in a conversation, which is observed less in male colleagues. On a personal note, I have reflected and worked on this, and I invite all women to not let this “invisible” sexism to undermine their true potential.

There are “visible” challenges society still must overcome in order to achieve real equality, one of the biggest being the impact of parenthood on women’s careers, compared to the small impact it usually has on men.

What does women’s empowerment mean to you?

To me, women’s empowerment means nonconformism with injustice and one’s capability to get rid of artificially imposed behaviours.

What do you think is the biggest issue today facing women in your profession?

Starting a family and striking a balance between children and work is challenging, although this is not limited to the legal profession.

There is pressure on returning to work to enable career progression. Although shared maternity/paternity is available, the perception is still that the mother should take the time off.

Ultimately, there is the added pressure that this will impact on career development and advancement.

On international women’s day, what is the most important message you want to send out to young women thinking about a career? (Or Career in Law)

I am fortunate enough to work in a firm where there is no gender bias, indeed we have an equal split of male and female senior partners, giving me the same opportunity to progress along with my male colleagues.

The historic misconception of gender imbalance has long since passed in most professions and regardless of your choice of profession, I would encourage women to pursue their chosen career and set aside any fears of being overlooked by men.

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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:

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

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, New 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.

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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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

Announcements

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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CJCH Solicitors appoints new Board member

Wales top 20 Law Firm and 2018 Financial and Professional Services Firm of the Year in the Cardiff Business Awards - CJCH Solicitors, has announced a major promotion in their leadership team welcoming Jodi Winter to their Board.

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Winner: Cardiff Business Awards 2018

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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