Monday, 16 April 2012
Why on earth would you wish to pay for a PPI claim?
Share | You dont have to. All you have to do is:-
1 Check with your bank, mortgage company and credit card company if you have paid for Payment Protection Insurance.
2 If you have and it doesn't apply to you then tell the relevant institution you wish to claim it back.
3 If the financial institution mess you about then complain in writing to them and to the FSA http://www.fsa.gov.uk/pages/consumerinformation/if_things_go_wrong/who_to_complain_to_1-2-3/index.shtml
The FSA gives guidance on use of CMCs (Claims Management Companies) here
1 Check with your bank, mortgage company and credit card company if you have paid for Payment Protection Insurance.
2 If you have and it doesn't apply to you then tell the relevant institution you wish to claim it back.
3 If the financial institution mess you about then complain in writing to them and to the FSA http://www.fsa.gov.uk/pages/consumerinformation/if_things_go_wrong/who_to_complain_to_1-2-3/index.shtml
The FSA gives guidance on use of CMCs (Claims Management Companies) here
“You are right. It is draconian.” POCA
Wise words uttered to me by a client who was embroiled in the final stages of the POCA process. He had been convicted of possession with intent to supply and at the end of his trial the Judge considered confiscation.
As my client had committed a lifestyle offence the Financial Investigator (usually either an accountant or former Police Officer specifically trained to be an FI) was entitled to ask for information about and to look into all transactions, accounts, dealings etc going back 6 years from the date of the offence.
A section 18 POCA 2002 had been ordered. That compelled my client to disclose full details in accordance with a Court Order about all bank accounts, all possessions, all cash that he had in his possession or control or had given to others. Failure to comply with this request can lead to an adverse inference being drawn when the Court considers how much has to be paid to the State and how much time you will do if you don’t pay up.
The FI then drafts a s16 POCA2002 Statement of Information which is in reality a huge fishing net. The FI’s role appears to be to seek out and find as much money as possible that can be confiscated. This then causes the Defendant to respond by way of a s17 POCA2002 Statement explaining the who, what, where, why, when and how about the money and possessions. This statement is a sworn statement and therefore if it contains deliberately lies can of itself result in a conviction for Perverting the Course of Justice.
There are certain aspects of the process thereafter which are patently unfair. Let’s imagine that you and your partner own a house together. Because you are a lovely man you have gifted 50% interest in that property to your partner. The FI and the Court are able to take the entire value of the property into account. Your partner is not a party to the proceedings. She can only intervene if there is a Restraining Order or if enforcement proceedings are to be taken through a Receiver. Receiver’s are rarely appointed as they are expensive. What can your partner do?
After some time the Court will then decide how much you should have to pay to the State. The Court will consider the Benefit you have had and the Recoverable Assets. If the RA figure is lower than the Benefit figure then that is how much you will be ordered to pay ie the lower figure.
One client recently thanked his lucky stars that he had not married his partner of 30 years and she owned their home in her sole name. He had no legal interest in that property. The value of that property was removed from the calculation and the State got about £900 instead of £90000. The FI had assumed they were married because she had adopted the client’s surname.
The Police and the Courts are very enthusiastic about POCA because the money recovered is used in part to fund the Police and the Courts. That’s why the FI is often characterised as a “dog with a bone”.
If you don’t pay up you get time added to your sentence and you still owe the money when you are released.
The most difficult thing for Defendants to get to grips with is the fact that the POCA proceedings are civil in nature (so the strict rules of evidence of a criminal trial do not apply) yet can be punished through custody and the Act places obligations upon the Defendant to be pro active and to provide information or suffer the consequences eg loss of home, car, cash and extra jail time.
POCA is draconian and either this year or next the National Crime Agency, when it comes into being, will take over the Serious Organised Crime Agency functions. POCA is a popular weapon in the armoury of those who pursue criminals because it is draconian and because it brings in money to the organisation. Recently SOCA on its website trumpeted a success in relation to a £35 million money laundering operation and the conviction of the two men accused of running it. Now the POCA process is to begin.
If you are likely to face a POCA process then you need to get advice as soon as possible.
Michael Robinson
Wednesday, 28 March 2012
What has your choice of Solicitor got to do with HSBC?
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You want to buy a house. You go and see your lender and arrange a mortgage. You go and choose a Solicitor. The lender tells the Solicitor that funds are available. You buy your house. Simple!!
Not quite. First of all did you know that your Solicitor is also acting for the lender. Your Solicitor has obligations and duties owed to the lender in relation to the amount of money borrowed and the security that the property offers.
Many lenders operate a panel system which involves allowing only certain firms to undertake work on behalf of the borrower and the bank-or the borrower pays twice-for the bank's solicitors and for their own.
HSBC operates a panel of 43 throughout Great Britain. The panel is orgainised by Countrywide-a firm of licensed conveyancers.
The lie told by HSBC to customers who query when offered a loan why they cant use their own Solicitor is to be told that they can and that things should move along a lot easier as HSBC's legal advisers will be doing most of the work anyway. This is not true. It is not true that most of the work is done by HSBC's legal advisers and it is not true that HSBC's insistence on this process doesn't cause delay.
Stories about this have appeared in the Guardian and Which?, The Consumer Group havs also raised concerns.
The Law Society Gazette has covered the story but the truth is HSBC don't really give a damn about the lender. The only public comment was the press release about the launch.
Campaigning against this unnecessary restriction on choice is the Bold Group which has started an epetition.
Why does it matter? If you wish to call in to see your Solicitor you will have to travel a fair distance to see them. You will only be able to meet face-to-face if you happen to live near one of HSBC's panel firms or you are willing to travel. Otheriwse its the telepehone or email or maybe an internet portal so you can review the progress. If this method of working suits you then fine. But many people prefer to be able to call in and see their Solicitor and HSBC's system takes away that choice.
There are plenty of alternatives to HSBC if you wish to take out a mortgage to buy a property.
You want to buy a house. You go and see your lender and arrange a mortgage. You go and choose a Solicitor. The lender tells the Solicitor that funds are available. You buy your house. Simple!!
Not quite. First of all did you know that your Solicitor is also acting for the lender. Your Solicitor has obligations and duties owed to the lender in relation to the amount of money borrowed and the security that the property offers.
Many lenders operate a panel system which involves allowing only certain firms to undertake work on behalf of the borrower and the bank-or the borrower pays twice-for the bank's solicitors and for their own.
HSBC operates a panel of 43 throughout Great Britain. The panel is orgainised by Countrywide-a firm of licensed conveyancers.
The lie told by HSBC to customers who query when offered a loan why they cant use their own Solicitor is to be told that they can and that things should move along a lot easier as HSBC's legal advisers will be doing most of the work anyway. This is not true. It is not true that most of the work is done by HSBC's legal advisers and it is not true that HSBC's insistence on this process doesn't cause delay.
Stories about this have appeared in the Guardian and Which?, The Consumer Group havs also raised concerns.
The Law Society Gazette has covered the story but the truth is HSBC don't really give a damn about the lender. The only public comment was the press release about the launch.
Campaigning against this unnecessary restriction on choice is the Bold Group which has started an epetition.
Why does it matter? If you wish to call in to see your Solicitor you will have to travel a fair distance to see them. You will only be able to meet face-to-face if you happen to live near one of HSBC's panel firms or you are willing to travel. Otheriwse its the telepehone or email or maybe an internet portal so you can review the progress. If this method of working suits you then fine. But many people prefer to be able to call in and see their Solicitor and HSBC's system takes away that choice.
There are plenty of alternatives to HSBC if you wish to take out a mortgage to buy a property.
Tuesday, 17 January 2012
Of course the house is insured...what could go wrong!!
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Jacqueline Emmerson, Senior Partner at Emmersons delivers a timely warning for Executors of a will-and to others with responsibility for someone else's property.
Jacqueline Emmerson, Senior Partner at Emmersons delivers a timely warning for Executors of a will-and to others with responsibility for someone else's property.
As a solicitor dealing with Probate and Lasting Powers of Attorney I have noticed that
Increasingly properties are not insured. This can of course lead to disastrous consequences.
In one case recently, a man had died and his son asked me to deal with the probate in respect of
the estate. As part of my usual enquiries I wanted to know with whom the deceased’s house
was insured. After searching through mountains of paperwork my client came to the conclusion
that the property was uninsured.
He decided that as it was in a fairly safe area and that as the contents of the property were
of little value it was pointless paying for expensive insurance. Unfortunately there was
then a leak from the property which caused considerable damage to
the neighbouring house.
Of course the first thing that the neighbour wanted to know was who
was insuring the empty property because he wanted to make a claim.
In another case, a client was managing a property on behalf of an elderly relative who was living
in a care home. The property needed tidying up before it was placed on the market for sale. We
did discuss the issue of insurance. However, as empty property insurance is quite expensive and
as this property was to be placed on the market within a month my client decided not to insure
the same. The day before the property went to auction vandals started a fire and the roof and
walls suffered serious damage!
If you are managing a property on behalf of an elderly relative, especially if you are their
Attorney, then you must manage it with all due diligence. In the two cases above consideration
was given to insuring the properties. The clients in question made their decisions having weighed
up all relevant factors. Neither had foreseen the consequences that ensued.
"You should deal with house insurance on an urgent basis if you are dealing with a probate or if the owner has had to go into a home."
Many insurance companies will extend existing insurance for a number of months as long as the
property is inspected on a regular basis and all water supplies are switched off. It can be more
difficult to obtain insurance when there has been none. Some companies insist on window locks
being fitted to all downstairs windows and five lever mortice locks on doors. Many well-known
insurers will not deal with empty property insurance. We have managed to find some specialist
brokers who will offer this service though for some reason will not deal with our clients
directly. Instead they ask us to deal with them on behalf of our clients.
If you have insurance please make sure that you print off your policy and keep it with your copy
will. It is often difficult to find out which policies a deceased person, or someone with a mental
incapacity has if they bought them online. If you are helping an elderly relative please make sure
that their property is insured.
A related topic is the matter of door keys. If someone has recently died or had to go into a
home you should consider changing the locks to their property as a matter of urgency. If you
are an executor of an estate or an Attorney for someone then you have a responsibility either to
the beneficiaries or the owner of the property to protect their interest.
Friday, 30 December 2011
The end of 2011
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Change is never easy. Sometimes when we reach the end of a year all we have to think about is what has gone wrong in that year. maybe a loved one has died, or personal circumstances have changed or work has suddenly become more pressurised. Growing older causes one to think about where one has reached on life's journey.
Really what we all need to do is look at what we have. Consider the good that has happened. Think about the joy one has given to others. Appreciate one's gifts and treasures.
If one measures success in terms of material acquisitions then satisfaction is never guaranteed. There is always more that one "wants", more that one "needs".
If one however seeks contentment - as opposed to happiness - and recognises that life is the experience one is having as opposed to a dream or fantasy world somewhere else, then true happiness will follow.
We have had many changes at Emmersons this year. We have been disappointed and elated. We have welcomed 5 new members to the team and seen some colleagues depart.
There are many challenges through Government policy eg the cutting of legal aid, but we are content, we are positive. The world is changing - not ending, and we are fully prepared and able to meet the challenges of 2012.
We wish you all a Happy and Prosperous New Year-and we hope you achieve contentment.
Change is never easy. Sometimes when we reach the end of a year all we have to think about is what has gone wrong in that year. maybe a loved one has died, or personal circumstances have changed or work has suddenly become more pressurised. Growing older causes one to think about where one has reached on life's journey.
Really what we all need to do is look at what we have. Consider the good that has happened. Think about the joy one has given to others. Appreciate one's gifts and treasures.
If one measures success in terms of material acquisitions then satisfaction is never guaranteed. There is always more that one "wants", more that one "needs".
If one however seeks contentment - as opposed to happiness - and recognises that life is the experience one is having as opposed to a dream or fantasy world somewhere else, then true happiness will follow.
We have had many changes at Emmersons this year. We have been disappointed and elated. We have welcomed 5 new members to the team and seen some colleagues depart.
There are many challenges through Government policy eg the cutting of legal aid, but we are content, we are positive. The world is changing - not ending, and we are fully prepared and able to meet the challenges of 2012.
We wish you all a Happy and Prosperous New Year-and we hope you achieve contentment.
Tuesday, 15 November 2011
Richard Twyford joins Emmersons Solicitors
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Emmersons Solicitors has welcomed a new recruit to its property law department, further strengthening the depth and breadth of its services, as North East Times reports.
Richard Twyford has recently been appointed at Emmersons Solicitors, and brings a wealth of experience in both Residential and Commercial property law to his new role.
Having originally practiced in the North East, before moving to the south of the country, Richard has returned to his roots and is thrilled to be joining Emmersons Newcastle and Sunderland offices.
He comments: “Emmersons was too good an opportunity to pass up and I am looking forward to it; I have a lot to get my teeth into and I want to make the most of it. The business has grown a lot over the last couple of years and it’s great to be coming in at this stage to try to take it on to the next level.”
As part of his training, Richard worked with his father, who is also a property lawyer and once worked for Linklaters, one of London’s most prestigious law firms. Since qualifying, Richard has dealt in all areas of Residential and Commercial property, such as the creation and renewal of leases for commercial property, planning law and the purchase and sale of businesses, ranging from pubs and shops to factories and niche companies – “all of which bring their own slightly unique challenges,” he says.
In addition, he has personal experience to draw upon when it comes to anticipating clients’ requirements as his wife owns her own business, which Richard helps out with.
He explains: “I understand what it takes to run a business from day to day so I can understand what our commercial clients need and what their priorities are.”
Speaking of her decision to appoint Richard, Jacqueline Emmerson, partner in Emmersons Solicitors, comments: “Richard has integrity, technical knowledge, extensive commercial property experience and the ability to communicate easily with clients.
“You don’t often get the breadth of Richard’s experience on the High Street. It means we can offer everything the bigger firms are offering but with a more personal service and at reasonable prices.”This item first appeared in the November issue of ACCENT magazine
Will you make plans this Christmas?
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As the year draws to a close and another one beckons, now is the perfect time to start looking to the future and ensuring your financial affairs are in order. For help, advice and reassurance, look no further than the Wills and Probate team at Emmersons Solicitors.
No one likes to dwell too much on death, old age and incapacity, but it’s not something that can be ignored completely – and far better to make provisions while you’re still mentally and physically able than to discount what the future may hold and suffer the consequences later.
The Wills and Probate team at Emmersons Solicitors is perfectly placed to lend a helping hand when it comes to organising either your own affairs or those of loved ones who are not longer capable.
Jacqueline Emmerson heads up the team with Helen Taylor, who is also a member of Solicitors for the Elderly, a specialist organisation for lawyers who provide legal advice to older and vulnerable people, their families and carers.
As well as wills and probate, the department covers legal matters such as Lasting Powers of Attorney, Court of Protection, care home planning, challenging NHS decisions on funding, and conveyancing for people who are forced to move home as a result of their situation.
Aside from being able to offer clients her extensive knowledge and experience, Helen also provides a sympathetic service and is conscious that clients may feel out of the depth when dealing with such legal matters.
She explains: “We often deal with people who are starting to lose mental capacity, as well as their families, and we take a very sympathetic approach. Normally clients know what a will is and what it’s used for, but often they don’t understand exactly what they can do with it and how flexible it can be. Many people want some guidance, and to have things explained to them in a way they can understand.”
Jacqueline Emmerson adds: “People always assume that their will will be easy to draft. However, matters are often more complicated than they think.
“We keep detailed questionnaires and notes on file which we don’t throw out and on several occasions we’ve been able to prevent challenges to estates as a result.
“The value added to our service is that we don’t ever just do what clients ask if we’re able to suggest a better way.”
The team regularly undertakes training from some of the leading experts in the field and the firm deals with both individuals and commercial clients.Betrayal of the family!
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This was a recent Daily Mail headline in response to
the conclusions reached in the Family Justice Review.
There had been an indication earlier in the year
that the law may be changed in relation to contact
between children and their absent parents.
Groups representing such parents had hoped that
there would now be a presumption in favour of
shared care. However, the report concluded that
this was seen as unnecessary. Each case should be
dealt with on its own merits. Many specialist family
lawyers agree with this outcome. However, I am
not so sure. Time and time again I have witnessed
one parent assuming that they can control when the
other parent can see the children and under what
circumsatnces.
Clients often say, “I have asked and asked to have the
kids overnight but she/he won’t let me”. Or “I would
love to take the kids on holiday but he/she won’t
agree to it” Has anyone stopped to think what the
impact of all of this is upon the children? If there
was a presumption in favour of shared care, attitudes
such as these would surely have to change. It would
be for the resident parent to come up with valid
reasons as to why there shouldn’t be shared care. A
judge would still be able to make an order that was
suitable for the needs of the particular child.
This might get us away from situations like the
following:
Mr and Mrs Smith had a little girl aged 5. Mrs Smith
worked shifts and Mr Smith was able to drop Amy
off at school half of the week as he had organised
this with his employers. When neither parent was
available, Mr Smith’s mother would step in. She
and Amy loved their time together. Mr Smith was
a hands on father, he cooked, washed, ironed and he
took Amy to all of her swimming lessons.
However, Mrs Smith started to have an affair. She
told Mr Smith that he would have to leave their home
and that she had hired a child-minder to drop Amy
off at school. Mr Smith would now have to negotiate
with Mrs Smith as to when he could see Amy!
Whilst the judge made sure that Mr Smith would see
Amy for half of the Christmas and Easter holidays his
attitude towards daily contact made we wonder why
I do this job. He said, “Mr Smith will have to adhere to
the industry standard which is contact once a week
during the week for tea and every other weekend
from Friday to Sunday”. He then helpfully went on
to say that grandmother should not be involved in
the daily care of Amy as there was a perfectly good
child-minder available for this purpose.
There was no good reason for the judge to say this
other than a complete lack of imagination. How
insulting for Amy to be referred to as an industry
standard. A friend of mine whose parents were
divorced said that her journey to school with her
dad on a morning, even when she was fifteen, was
was one of the best bits of her day. It’s when they
did most of their chatting.
Fortunately for Mr Smith, the judge at the final
hearing was persuaded that Amy would benefit far
more from time spent with her Dad rather than the
child-minder!
If you are having difficulty seeing your child or
grandchild seek help from a solicitor. Your child has
a right to see you now!
This was a recent Daily Mail headline in response to
the conclusions reached in the Family Justice Review.
There had been an indication earlier in the year
that the law may be changed in relation to contact
between children and their absent parents.
Groups representing such parents had hoped that
there would now be a presumption in favour of
shared care. However, the report concluded that
this was seen as unnecessary. Each case should be
dealt with on its own merits. Many specialist family
lawyers agree with this outcome. However, I am
not so sure. Time and time again I have witnessed
one parent assuming that they can control when the
other parent can see the children and under what
circumsatnces.
Clients often say, “I have asked and asked to have the
kids overnight but she/he won’t let me”. Or “I would
love to take the kids on holiday but he/she won’t
agree to it” Has anyone stopped to think what the
impact of all of this is upon the children? If there
was a presumption in favour of shared care, attitudes
such as these would surely have to change. It would
be for the resident parent to come up with valid
reasons as to why there shouldn’t be shared care. A
judge would still be able to make an order that was
suitable for the needs of the particular child.
This might get us away from situations like the
following:
Mr and Mrs Smith had a little girl aged 5. Mrs Smith
worked shifts and Mr Smith was able to drop Amy
off at school half of the week as he had organised
this with his employers. When neither parent was
available, Mr Smith’s mother would step in. She
and Amy loved their time together. Mr Smith was
a hands on father, he cooked, washed, ironed and he
took Amy to all of her swimming lessons.
However, Mrs Smith started to have an affair. She
told Mr Smith that he would have to leave their home
and that she had hired a child-minder to drop Amy
off at school. Mr Smith would now have to negotiate
with Mrs Smith as to when he could see Amy!
Whilst the judge made sure that Mr Smith would see
Amy for half of the Christmas and Easter holidays his
attitude towards daily contact made we wonder why
I do this job. He said, “Mr Smith will have to adhere to
the industry standard which is contact once a week
during the week for tea and every other weekend
from Friday to Sunday”. He then helpfully went on
to say that grandmother should not be involved in
the daily care of Amy as there was a perfectly good
child-minder available for this purpose.
There was no good reason for the judge to say this
other than a complete lack of imagination. How
insulting for Amy to be referred to as an industry
standard. A friend of mine whose parents were
divorced said that her journey to school with her
dad on a morning, even when she was fifteen, was
was one of the best bits of her day. It’s when they
did most of their chatting.
Fortunately for Mr Smith, the judge at the final
hearing was persuaded that Amy would benefit far
more from time spent with her Dad rather than the
child-minder!
If you are having difficulty seeing your child or
grandchild seek help from a solicitor. Your child has
a right to see you now!
Saturday, 5 November 2011
Excellence Awards
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We were Highly Commended at the recent Law Society Excellence Awards 2011 for Marketing and Business Development. We are to receive our award on 9 December 2011 from the Vice President of The Law Society at our offices in Sunderland.
This is recognition of all the hard work we have done to promote our IPP campaign. Heavily involved in that has been Lorna Elliott who is a barrister and a consultant to the firm who specialises in prison law.
However the rest of the team work just as hard to promote our services to potential clients. Indeed tomorrow some of the Private Client team are at Rainton Meadows Arena near Newbottle, Houghton le Spring to promote our private client services at the Bridal Gathering.
We were at a similar event last week at St James's Park, the home of football in Newcastle upon Tyne.
We were Highly Commended at the recent Law Society Excellence Awards 2011 for Marketing and Business Development. We are to receive our award on 9 December 2011 from the Vice President of The Law Society at our offices in Sunderland.
This is recognition of all the hard work we have done to promote our IPP campaign. Heavily involved in that has been Lorna Elliott who is a barrister and a consultant to the firm who specialises in prison law.
However the rest of the team work just as hard to promote our services to potential clients. Indeed tomorrow some of the Private Client team are at Rainton Meadows Arena near Newbottle, Houghton le Spring to promote our private client services at the Bridal Gathering.
We were at a similar event last week at St James's Park, the home of football in Newcastle upon Tyne.
Saturday, 29 October 2011
Licensing with Emmersons Solicitors
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Emmersons Solicitors has launched a new Licensing advice and representation service to its portfolio of expertise.
If you need advice or even if you have only a query please contact richard.twyford@emmersons-solicitors.co.uk.
We have offices in Newcastle and Sunderland and access to offices in Middlesbrough. We will make visits to your premises to assist you through the planning process.
We have created a specific Facebook page.Which has all sorts of links on it and we hope that it will be come an active forum for those concerned about licensing.
Emmersons Solicitors has launched a new Licensing advice and representation service to its portfolio of expertise.
If you need advice or even if you have only a query please contact richard.twyford@emmersons-solicitors.co.uk.
We have offices in Newcastle and Sunderland and access to offices in Middlesbrough. We will make visits to your premises to assist you through the planning process.
We have created a specific Facebook page.Which has all sorts of links on it and we hope that it will be come an active forum for those concerned about licensing.
Tuesday, 11 October 2011
Working together for an amicable and just end
This article will appeare in Accent:
Jacqueline Emmerson, of Emmerson Solicitors, has been qualified for 22 years and is a member of the Law Society’s Family Law panel. Having been involved in countless divorce cases over the years, she has seen first-hand the benefits that Collaborative Law can bring to clients by allowing them to settle matters more amicably, while also giving them more of an input into the decisions which are reached.
“The idea is that people come away feeling that they’ve reached a compromise that’s workable for them,” says Jacqueline. “The added advantage is that they will also have legal advice throughout.”
Once both parties have appointed specialist Collaborative Lawyers, the process can begin. In the first instance, they would each sit down separately with their own solicitors to set out the issues they would like to discuss at their first four-way meeting. Jacqueline explains: “Often, the things that clients want to discuss at the first meeting are not what a solicitor would usually discuss, so the client is given more control straight away.”
The two solicitors would then meet alone to agree an agenda, which is sent to both parties before the first round-table meeting. At this point, clients must sign a contract which stipulates that if they are unable to agree on matters and decide to pursue the court route instead, they must each appoint a new solicitor. Not only does this act as an incentive for clients to persevere with the process when the going gets tough, but it also allows for a more open discussion, free from the fear that the information they share could be used against them at a later stage.
“With the Collaborative approach, clients generally come away feeling that they’ve had more of an influence over the process,” Jacqueline adds. “The outcome is governed by them rather than a judge.
“From a solicitor’s point of view Collaborative Law is a new experience; instead of us doing all the talking, we find ourselves listening more – my husband is delighted to hear it!” she laughs.
Thursday, 6 October 2011
Is Theresa May barking mad?
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The cat at the centre of an Immigration stormhighlights the problem that exists generally in this country which is that expressing an opinion is an inalienable right-even if one doesn't know what one is talking about.
The Immigration Judge in the initial hearing referred to the cat. This was done in a jocular way and was not the main reason for allowing the Bolivian to stay.
The decision of the Judge was appealed and the appeal was lost because the Home Office failed to apply its own rules properly. That is the real reason he was allowed to stay. The Home Office got it wrong.
Yesterday I hearda story of a young man who was arrested two days running for allegedly setting fire to cars. He was arrested the first time on the basis that the Police thought he was the man. They had no evidence. They had no forensic evidence ie DNA, no cctv evidence, no eye witness evidence and no corroborative evidence. He did not confess. He was released on bail and arrested again after further cars were burned out. The reason for the arrest the second time was that he had been arrested before. There was still no evidence of any type that he was involved in the offences. He stayed in custody overnight before being released.
The idea that we dont in the UK in 21st Century need the human rights act is misplaced. The idea that foreigners, gay people, travellers and other minority groups such as the disabled are treated well and equally and have nothing to fear is misplaced.
The Home Secretary has shown by her own words that she is willing to make new law and change existing law based upon her own prejudice and misinformation. Even when one of her own cabinet collegues points out that she has got it wrong she still wont admit that she has got it wrong.
What those who support reform of the Human Rights Act dont get is that often it is not the criminal's right to a family life which is being considered but the right of children, wife or partner to continue to have a family life which has most probably arisen during a long period of time when Government and its agencies have failed to do timeously what they had the power to do. The real scandal is the failure of Government to apply its own rules and to introduce systems that work.
An example of this is the legal aid spend on benefits appeals. If the DWP got it wrong more often there would be less appeals. If there are less appeals there is less need for money to be spent on legal aid and on Tribunal time to hear the appeals. The benefits system is too complicated. Government has done nothing about this. The benefits system is too complicated. the DWP continue to get their calculations wrong. The Government answer-cut legal aid.
The Justice Committee report (available here) into Access to Justice discloses genuine concerns about legal aid and access to justice and the Government response. Have a look at page 13 in particular.
The Conservatives dont believe in a lot of things. They appear to me to be angry, selfish, small-minded people willing to sound off about the injustice of something or other when in fact all they want is to pay less tax. paying less tax is a great idea so long as we retain a civilised society. Its all "Me, Me, Me" with the Conservatives and all "What? What? What?" with Labour and all "Em! Em! Em!" with Lib Dems.
Along with the right to speak is the obligation to listen. Listening in silence usually produces decsions based upon contemplation.
Time to be quiet, Home Secretary.
The cat at the centre of an Immigration stormhighlights the problem that exists generally in this country which is that expressing an opinion is an inalienable right-even if one doesn't know what one is talking about.
The Immigration Judge in the initial hearing referred to the cat. This was done in a jocular way and was not the main reason for allowing the Bolivian to stay.
The decision of the Judge was appealed and the appeal was lost because the Home Office failed to apply its own rules properly. That is the real reason he was allowed to stay. The Home Office got it wrong.
Yesterday I hearda story of a young man who was arrested two days running for allegedly setting fire to cars. He was arrested the first time on the basis that the Police thought he was the man. They had no evidence. They had no forensic evidence ie DNA, no cctv evidence, no eye witness evidence and no corroborative evidence. He did not confess. He was released on bail and arrested again after further cars were burned out. The reason for the arrest the second time was that he had been arrested before. There was still no evidence of any type that he was involved in the offences. He stayed in custody overnight before being released.
The idea that we dont in the UK in 21st Century need the human rights act is misplaced. The idea that foreigners, gay people, travellers and other minority groups such as the disabled are treated well and equally and have nothing to fear is misplaced.
The Home Secretary has shown by her own words that she is willing to make new law and change existing law based upon her own prejudice and misinformation. Even when one of her own cabinet collegues points out that she has got it wrong she still wont admit that she has got it wrong.
What those who support reform of the Human Rights Act dont get is that often it is not the criminal's right to a family life which is being considered but the right of children, wife or partner to continue to have a family life which has most probably arisen during a long period of time when Government and its agencies have failed to do timeously what they had the power to do. The real scandal is the failure of Government to apply its own rules and to introduce systems that work.
An example of this is the legal aid spend on benefits appeals. If the DWP got it wrong more often there would be less appeals. If there are less appeals there is less need for money to be spent on legal aid and on Tribunal time to hear the appeals. The benefits system is too complicated. Government has done nothing about this. The benefits system is too complicated. the DWP continue to get their calculations wrong. The Government answer-cut legal aid.
The Justice Committee report (available here) into Access to Justice discloses genuine concerns about legal aid and access to justice and the Government response. Have a look at page 13 in particular.
The Conservatives dont believe in a lot of things. They appear to me to be angry, selfish, small-minded people willing to sound off about the injustice of something or other when in fact all they want is to pay less tax. paying less tax is a great idea so long as we retain a civilised society. Its all "Me, Me, Me" with the Conservatives and all "What? What? What?" with Labour and all "Em! Em! Em!" with Lib Dems.
Along with the right to speak is the obligation to listen. Listening in silence usually produces decsions based upon contemplation.
Time to be quiet, Home Secretary.
Friday, 23 September 2011
Now that the Summer is over...
Share | ....it's time to get blogging again.
There seemed little point trying to blog during the summer-apart from looking after 3 children, running a business and trying to fit holidays into the work schedule- as there wasn't really very much happening...
Apart that is from the deteriorating world economy, the war in Libya, the inability to tidy the garden due to the rain and other less important matters such as my 50th birthday.
My birthday falls on 11 September. Each year I experience the reminder of "9/11" when I am trying to enjoy the passing of another year.
This year 9/11 and the associated media hype annoyed me slightly. I have no problem with remembering those who have died in terrorist attacks or in war. Nor do I find it hard to empathise with the living victims and families of those harmed by terrorism or war. What I didn't like about "9/11" was the fact that that one incident attracted so much coverage and pomp and attention whereas other incidents appear to be forgotten. What about Madrid? What about Bali? What about those who have died or been injured in Pakistan or Afghanistan or Iraq? What about Birmingham or the Shankill Road fish shop bombing? What about Bloody Sunday (and every other bloody day)?
What about all the victims-when do we take time to remember them?
Apart from that there is a little bit of me that wonders at the USA and how it views itself and the rest of the world. I may have missed it but I cant recall the President of USA commenting on his countrymen's involvement with the funding of terrorism in the UK and Ireland. Plenty of condemnation of Gaddaffi-quite rightly-for all he has done. But did not Noraid fund IRA terrorism on the basis that it was a just cause? Explain that to the families of the Disappeared.
Emmersons Solicitors has been shortlisted for The Law Society's Excellence Awards in the Marketing and Business Development category. We can't afford to attend the expensive awards ceremony so we won't win the category, however it is very gratifying to be short-listed. We entered details of our IPP campaign led by Lorna Elliott who is a consultant to the firm and a qualified barrister.
Social media is a very important tool. We have embraced the technology and use every effort to promote our firm, our services and campaigns with which we agree. That is why we promote SSAFA Forces Help amongst others.
Unfortunately social media couldn't stop the killing of Troy Davis despite the lack of evidence. Is Georgia the sort of people we really need to be friends with? How about we spend some time thinking about those people all around the World who have been executed who are or may be innocent? Maybe we should set a special day aside for that. What about September 11 2012?
There seemed little point trying to blog during the summer-apart from looking after 3 children, running a business and trying to fit holidays into the work schedule- as there wasn't really very much happening...
Apart that is from the deteriorating world economy, the war in Libya, the inability to tidy the garden due to the rain and other less important matters such as my 50th birthday.
My birthday falls on 11 September. Each year I experience the reminder of "9/11" when I am trying to enjoy the passing of another year.
This year 9/11 and the associated media hype annoyed me slightly. I have no problem with remembering those who have died in terrorist attacks or in war. Nor do I find it hard to empathise with the living victims and families of those harmed by terrorism or war. What I didn't like about "9/11" was the fact that that one incident attracted so much coverage and pomp and attention whereas other incidents appear to be forgotten. What about Madrid? What about Bali? What about those who have died or been injured in Pakistan or Afghanistan or Iraq? What about Birmingham or the Shankill Road fish shop bombing? What about Bloody Sunday (and every other bloody day)?
What about all the victims-when do we take time to remember them?
Apart from that there is a little bit of me that wonders at the USA and how it views itself and the rest of the world. I may have missed it but I cant recall the President of USA commenting on his countrymen's involvement with the funding of terrorism in the UK and Ireland. Plenty of condemnation of Gaddaffi-quite rightly-for all he has done. But did not Noraid fund IRA terrorism on the basis that it was a just cause? Explain that to the families of the Disappeared.
Emmersons Solicitors has been shortlisted for The Law Society's Excellence Awards in the Marketing and Business Development category. We can't afford to attend the expensive awards ceremony so we won't win the category, however it is very gratifying to be short-listed. We entered details of our IPP campaign led by Lorna Elliott who is a consultant to the firm and a qualified barrister.
Social media is a very important tool. We have embraced the technology and use every effort to promote our firm, our services and campaigns with which we agree. That is why we promote SSAFA Forces Help amongst others.
Unfortunately social media couldn't stop the killing of Troy Davis despite the lack of evidence. Is Georgia the sort of people we really need to be friends with? How about we spend some time thinking about those people all around the World who have been executed who are or may be innocent? Maybe we should set a special day aside for that. What about September 11 2012?
Tuesday, 9 August 2011
U.K. Riot Wombles hit the streets for clean up - BlogPost - The Washington Post
U.K. Riot Wombles hit the streets for clean up - BlogPost - The Washington Post
Share|
In the midst of the mayhem, the excuses, the intellectualisation of human conduct, the death of one man and injuries to countless others there has been good.
The Riot Wombles have taken to the streets-reclaimed the streets-and started to clean up. Has any such reaction to wanton destruction ever been seen before?
What should happen tonight?
Parents should keep their children indoors.
People should not go on the streets to spectate.
People should not spread rumour via social networking media.
Keep Calm and Carry On.
The Police should stop looters-not stand by and let it happen.
There should be a curfew.
The Police should use baton rounds (rubber bullets).
Our politicians have let us down. They have been on holiday and then done very little. No wonder Boris and Nick got such a poor reception in London.
What about Cameron? He says the Police will be tough (he too has just returned from holiday) and recalled Parliament.
Why has this happened?
Is it disaffected Youth or just plain, unadulterated wickedness?
Even if the rioters are caught, the Court system is in chaos.
Stay Safe!
In the midst of the mayhem, the excuses, the intellectualisation of human conduct, the death of one man and injuries to countless others there has been good.
The Riot Wombles have taken to the streets-reclaimed the streets-and started to clean up. Has any such reaction to wanton destruction ever been seen before?
What should happen tonight?
Parents should keep their children indoors.
People should not go on the streets to spectate.
People should not spread rumour via social networking media.
Keep Calm and Carry On.
The Police should stop looters-not stand by and let it happen.
There should be a curfew.
The Police should use baton rounds (rubber bullets).
Our politicians have let us down. They have been on holiday and then done very little. No wonder Boris and Nick got such a poor reception in London.
What about Cameron? He says the Police will be tough (he too has just returned from holiday) and recalled Parliament.
Why has this happened?
Is it disaffected Youth or just plain, unadulterated wickedness?
Even if the rioters are caught, the Court system is in chaos.
Stay Safe!
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