CJCH History Month: The Story of Colin Jones Solicitors (CJS)

By Danny McNeill

Colin Jones

In 1992, the fabric of Barry society was changed forever with the opening of a new law firm by local boy, Colin Jones. After studying law at Aberystywth University, Colin Jones joined Mallia and Co., another Barry institution, where he qualified as a solicitor after completing his articles alongside current CJCH Senior Partner Jacqui Seal (in 1982). Jacqui would go on to join the CPS, while later Colin left Mallia in 1992 to found his own Criminal Defence practice in the heart of Barry. Despite the firm’s humble beginnings in Colin’s back garden, his charisma and reputation for intelligence, integrity and honesty allowed him to begin growing the practice, which soon opened its first office on Barry’s Holton Road, before later relocating to where we still have offices today on Thompson Street.

Colin’s first hire was Traci Doyle as a Legal Secretary, who along with subsequent hires, John Moyle (Criminal Law), Chris Lacey (Criminal Law) and Tracy Higgins (Legal Secretary) are all still with CJCH to this day. The secret to this longevity, according to both Traci and John Moyle, was the trust, mutual respect and loyalty that Colin fostered. As the firm grew, so did its practice areas and by the early 2000s the firm was one of the largest Criminal Law practices in the Vale of Glamorgan, having established a reputation for high quality work and expanding into Family/Child Care law.

In 2010, Colin welcomed Jacqui Seal into the practice as a consultant once she retired from the CPS. Sadly, in that same year, Colin lost his life in a tragic accident. This was a loss, not only to the firm both professionally and personally with Colin described as the heart of the practice, but to the greater community and profession as well.

However, the respect and loyalty Colin had shown those he had encountered and brought together over the years laid the foundations for the firm’s continuation.

CJS Office 17 Thompson Street, Barry

Colin’s fiancé, and now CJCH Partner, Jodi Winter believes it was in part this dedication and loyalty that he showed, not only to his staff but the wider local community, of which he was an integral part, that has allowed his legacy to carry on to this day.

It was during this difficult time when the firm was dealing with the personal loss of Colin and changes to the distribution of legal aid contracts, that Jacqui, in collaboration with her husband Nick stepped in to lead the firm. Both Jodi and John Moyle agree that it was the hard work and leadership shown by both Jacqui and Nick that helped get the firm through this difficult time. John was surprised by the staggering amount of time and energy Nick, previously a Director at Deloitte, was able to put into the firm. Jodi also noted that for Jacqui this was a labour of love and that neither Jacqui nor Nick would allow the firm to close.

It was under their stewardship that, as Tracy Higgins said, the firm began to ‘’explode’’. With Nick’s background in financial strategy, mergers and acquisitions, he brought a different perspective to the legal market and began growing the firm over the following years. In May 2011, the firm acquired Garth James Solicitors, followed shortly by the recruitment of Garry Newberry to establish a foothold in Bridgend. Later, in September, the firm acquired Jeff Lloyd Solicitors expanding the expertise of the practice into Private Client work, into which Colin Jones Solicitors had not previously ventured. In March 2012, the Criminal Defence practice of Hurlows led by Lydia Harper in Cardiff was acquired, giving the firm a presence in the Capital.

Mallia & Co Office

Coming full circle, in July 2013 Mallia and Co., where both Colin and Jacqui had trained, was acquired bringing with it a fantastic mental health department led by CJCH Partner Amy Roberts-Rees and Keith James. Finally, in September 2013 Colin Jones merged with Clarke and Hartland and CJCH Solicitors emerged as it is known today – a thriving and dynamic South Wales based law firm with client service delivery at heart and a global reach of services and customers. Though the size, practice areas, and number of office has changed over the years, the core principles of loyalty and hard work have remained coded into the firm’s DNA, and John Moyle sincerely believes Colin would be proud to have his name attached to the firm it has become.

Fluctuating capacity and how to address future uncertainties of care planning in a section 21A appeal

By Emma Sutton (instructed on behalf of MB) and Rebecca Evan-Williams (CJCH Solicitors). Re-post of article from No5 Barristers Chambers.

31 January 2018

Background

The court had before it an application brought on behalf of MB pursuant to section 21A of the Mental Capacity Act 2005 (‘the Act’) by his RPR, Mrs Claire Reid, to challenge a standard authorisation made in accordance with schedule A1 of that Act; the primary challenges being whether the mental capacity and best interests qualifying requirements were met. So far, so good.

MB had resided in a care home since 2008 and had a diagnosis of moderate learning disability, autism spectrum disorder and complex epilepsy and as a consequence of his diagnoses, required close supervision of daily living and prompting from his carers.

Due to the complexities of MB’s presentation, a number of expert reports were necessary to assist the court to resolve the proceedings and a position was reached whereby the capacity evidence prepared by Dr Michael Layton (Consultant Psychiatrist) and Dr Lisa Rippon (Consultant Developmental Psychiatrist), and their jointly prepared statement, was accepted by the parties. The expert evidence unanimously concluded that MB had the capacity to make decisions regarding his residence and care needs, but lacked the capacity to conduct the proceedings.

By reason of the above, the court accepted that it had no jurisdiction to make best interest decisions regarding MB’s residence and care; notwithstanding his requests to leave his care home and move to alternative accommodation. The court determined (per section 21A(2)(a) and section 21A(3)(a) of the Act) that MB did not meet all of the necessary qualifying requirements in order for a standard authorisation to be in place (the mental capacity qualifying requirement not being met), and on such basis, the standard authorisaation was terminated with immediate effect.

Comment

Mrs Reid, as MB’s litigation friend, fully recognised that MB would (as a consequence of the expert evidence) effectively be removed from the procedural safeguards contained in schedule A1 of the Act. Her status as RPR would also end upon the termination of the standard authorisation.

Although his ‘appeal’ had been successful, careful consideration had to be given prior to the final hearing as to whether the case fell into the ambit where ‘contingent’ capacity decisions were appropriate. The Court of Protection Practice helpfully provides a template order [see pages 2362-2364 of the 2017 edition] for such circumstances and this was brought to the courts attention. However, on the facts of this particular case, it was accepted that there was no identifiable external trigger which would ‘cause’ a loss of capacity – for example, another person who unduly influences P, P resorting to alcohol use, capacity being dependent on a continuance of training/ advice etc.

Instead, MB’s fluctuation of capacity was intrinsically linked to his own inherent complex functioning and could not be put into a prescribed ‘box’ of when he would and wouldn’t have the ability to make capacitous decisions. In this regard, the experts said this:

Both Dr Rippon and Dr Leighton agreed that MB’s capacity could fluctuate during times of seizure activity but also when his level of anxiety rises and he becomes distressed because of environmental triggers. It was Dr Leighton’s view that these periods could last for several days and he gave the example of the time that MB had become angry with his RPR and had refused to see her for a week. However, what is less clear is whether his capacity was affected over the whole of this period. Therefore, although both doctors agreed that MB’s capacity had fluctuated, what is less certain is how long these periods could last(my emphasis)

As MB’s care plan had (for the past 10 years) met his complex needs, and due to the lack of specificity regarding whether and if so, for how long, seizure activity could potentially impact on his decision making, it was not considered appropriate for further exploration to be given to this issue – particularly as the ongoing nature of the proceedings was having an impact on MB.

A further point that required consideration was whether the appointment of an independent advocate (within the meaning of section 67 of the Care Act 2014) to represent and support MB for the purpose of any future needs assessment and the preparation of a care and support plan (etc) was necessary.

This was raised on behalf of MB which HHJ Parry addresses in her Judgment (with reference to the Care and Support (Independent Advocacy Support) (Number 2) Regulations 2014) and emphasised that the order would record ‘the Local Authority’s willingness and indeed, in my view, obligation to consider this ongoing additional support for MB in the decisions that he will now be making on his own behalf’.

Although set out in a recital (which is positive for reference as to the ‘reasonableness’ of future actions) this ultimately relates to a primary issue that the powers of the court do not extend to decisions compelling parties to provide services for P (N (Appellant) v ACCG and others (Respondents) [2017] UKSC 22, Baroness Hale, paragraph 29).

 

 

Emma Sutton was instructed by Rebecca Evan-Williams and Amy Rees-Roberts (Partner) of CJCH Solicitors (Cardiff) on behalf of MB

Claire Reid is a professional RPR and Project Lead for Training in Mind

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.

#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.

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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)

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Planning for tomorrow – Introduction to Lasting Power of Attorney

By John Moore, Solicitor

We live in a time of better healthcare and advances in science where we are able to enjoy life for longer than previous generations.  We never know what is around the corner, however, with many people experiencing challenges with their mental health in their later years or are incapacitated through accident, injury or illness.

Here at CJCH, we regularly meet people of all ages who come to us for advice and who are concerned about safeguarding their personal affairs in the future.  Where appropriate, we try and assist by arranging a Lasting Power of Attorney for our clients in respect of their property and financial affairs.

A Lasting Power of Attorney is a legal document which allows individuals to appoint someone of their choosing to act on their behalf (as their attorney) if they are no longer able to manage things themselves for whatever reason. An attorney would be able to access a person’s property and finances to help pay bills, manage investments and pay care home fees. An attorney is legally under a duty, however, to act in the person’s best interest at all times.

Sadly, however, many people that we meet have loved ones who have not set up a Lasting Power of Attorney and no longer have the mental capacity, whether by illness or accident, to be able to do so.  We often find that family members hit a brick wall when dealing with banks and buildings societies who will of course only deal with the account holder themselves.  As there is no one legally able to act for the person it means that there are often situations where bills and care fees cannot be paid. This causes a great deal of stress for everyone involved because a person’s finances cannot be accessed or their property cannot be managed or sold.

In order to resolve this our team of experienced lawyers represent families in making applications to the Court of Protection so that family members can be appointed as Deputies to manage a person’s property and financial affairs.  Once the Court has approved an application the family members who have applied will be able to access a person’s finances and manage the sale of a property under a Court Order.  The Majority of applications to the Court are straightforward and dealt with on paper and do not require any attendance at Court.

If you would like to speak with us for a free consultation on better preparing for your future to ensure those things that are so important to you can be managed property should you no longer be able to do so yourself, you can contact Mr John Moore (solicitor) in our Private Clients department:

Telephone number0333 231 6405, or email privateclients@cjch.co.uk.

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Welsh Landlords face fines of up to £250 and loss of rental income if non-compliant

CJCH Solicitors on RENT SMART WALES – 23 November 2016

rentsmartwales-logoAn estimated 50% of private landlords in Wales have yet to apply to Rent Smart Wales leaving them exposed to potential fines and legal action for non-compliance. If you own a property which is rented out on your behalf, or you manage your own rental property then as of this morning, 23 November 2016, the Housing (Wales) Act 2014 is already in place for you. Here’s everything you need to know:
Rent Smart Wales registration came into effect as of midnight which requires all private landlords to be registered. If you manage the property yourself, there is a further requirement for you to be licenced to do so.
The aim is to improve the standards of management in the private rental sector. Failure to comply is officially an offence and from today the enforcement powers are now active. A potential penalty of either £150 or £250 fine is applicable, with further action including being prevented from managing your properties altogether.
If you have your properties managed by an agent then you are only required to register and do not require a Licence. It is the agent’s responsibility to apply for a Licence (But you are responsible for ensuring that your chosen agent is licensed).

  1. Registration only:
    The registration costs £33.50 if you apply for it on-line and if you want to make a paper application this route will cost £88.50.
  2. Registration and Licence required:
    For private landlords who manage their own properties, in addition to registering there is a course which needs to be taken to enable you to obtain a licence to manage a property. Courses are offered separately and you must obtain a minimum mark of 70% to qualify. Once completed, you then apply for a Licence for which Rent Smart Wales will charge £144.00 (online) or £186.00 (paper application).

If you have not already applied for registration or a Licence you should arrange this as quickly as possible.
As a Landlord the Licence lasts for 5 years, but you have to provide accurate information about yourself and your properties and by law must keep your information up to date. This includes adding any additional properties you may acquire, or indeed sell, or any changes in your personal details.
The Licence may be granted with conditions attached and if you break the conditions or are considered no longer `fit and proper` then the Licence can be revoked which means you will no longer be able to undertake any letting or management activities.
Do not ignore your obligations to register as it may cause you problems in the future when you try to rent your properties
In addition to the penalties mentioned above, Rent Smart Wales can apply for a Rent Stopping Order or a Rent Repayment order. This would mean that if you try to rent a property without being registered or by using an unlicensed agent your tenant would not be liable for rent (would not be legally required to pay you rent) and you would not be able to serve a section 21 Notice to obtain possession of a property as an unregistered /unlicensed landlord.
It is not too late to get compliant. We can assist if you need advice or support.

 

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(Disclaimer: Information in this article is referenced from the Rent Smart and Welsh government Websites, with the Rent Smart Logo provided for identification)