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Tag: Wales

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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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Here for you – CJCH Solicitors to continue providing services for clients

The CJCH team are monitoring the COVID-19 (Coronavirus) situation closely and are adhering to the guidelines put in place by the government and public health authorities. The personal health and wellbeing of our staff, clients, and the communities in which we operate are of the utmost importance to us, and we will continue to do everything in our power to reduce risk where possible.

Currently, CJCH is operating as per usual, albeit with heightened protective measures. We wanted to provide an update of additional precautions we have put in place as part of our business continuity plan. 

We are asking staff and clients to minimise the needs for in-person meetings over this period and to use other options (outlined below) to correspond with clients where possible. We are also asking staff, clients, and visitors not to shakes hands or come into any form of personal contact with each other where avoidable.

Our staff will ensure they are fit and healthy when they come to work and perform their duties, and will self-isolate if they feel unwell prior to coming to work, as per the symptoms outlined by the Government and Department of Health.

We always promote a healthy work environment with high standards of hygiene, and to address the seriousness of this situation we have increased our hygiene precautions further. All four of our offices have anti-bacterial soap and other hygiene amenities required, and staff have been briefed to wash their hands regularly, reduce personal contact, and sanitise their work stations.

We understand that the services we provide can be critical to the wellbeing of our clients and their livelihoods, and we, therefore, commit to continue to provide these services in any format that is safe and reduces possible risk to all involved. As such, with immediate effect we are offering our clients the following options to replace in-person meetings:

  • Video conference meetings – our team have the facilities for Skype, FaceTime, Whereby Meetings, MS Teams, Google+ Hangouts, and Zoom. They will set up a video meeting with you and assist you with the details if you are not familiar with these services or try to accommodate another format you are more comfortable with.
  • As always, you have the option of conference call/telephone discussions with your solicitor. Please see a full list of our contact numbers at the end of this message.
  • Email support for your matters – please find the list of departmental contact details at the end of this message.

If we are required to close one, or all, of our offices for whatever reason, we will endeavour to continue to provide our services to our clients in any reasonable format, and to the professional standards, our clients are used to. We will monitor the operations of the courts, tribunals, and other related organisations to advise clients of any impacts or delays to their matters where possible.

For more information and advice on COVID-19, please follow this link from the NHS: https://www.nhs.uk/conditions/coronavirus-covid-19/

CJCH Direct contact numbers:

  1. Cardiff Head office: +44 (0) 29 2048 3181
  2. Barry Office +44 (0) 14 4642 0043
  3. Bridgend Office +44 (0) 16 5645 7466
  4. Blackwood office +44 (0) 1495 227 128
  5. 24 Hour emergency line : +44 (0) 7967 305949

CJCH Department direct contact emails:

  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

CJCH Solicitors will always operate with our staff and client’s best interests at heart, and we are positive we will be able to continue to support you during these uncertain times.

All work-related travel is put on hold for our staff, including locally to major cities such as London. We are also asking staff to reduce persona travel and to inform us of any personal travel they have planned to allow us to assess the impact.  

Please do everything possible to ensure your wellbeing and the wellbeing of those around you. 

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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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Top Tips for Purchasing a Buy-to-Let Property – the Process Explained

property law - handing over keys

Joanne LerwillPurchasing a buy-to-let property can seem like an attractive investment – with investors collecting rental income and relying upon steadily increasing property prices. Despite the slowdown in house price increases, the number of renters continues to climb. There are important considerations about purchasing a buy-to-let property and being a landlord – whether you have a portfolio of properties or are just starting out.

Our specialist solicitor, Joanne Lerwill, takes a look at the process of purchasing a buy-to-let mortgage and the recent changes that have come into force.

How can a solicitor help someone purchase a buy-to-let property?

A solicitor can give advice and guide you through the legal complexities of buying a property to rent out.

Are there any differences between the process of purchasing a residential property and a buy-to-let?

Whilst a buy-to-let mortgage is a lot like a residential mortgage, there are noticeable differences. Firstly, the fees tend to be much higher. Additionally, so too are the interest rates. Furthermore, the minimum deposit for a buy-to-let mortgage is usually 25% of the property’s value. Finally, you are liable for the higher rate Stamp Duty (in England), or the Land Transaction Tax (in Wales).

What are the rules around the letting fee ban which came into force in 2019?

The new law, taking effect from 1st April 2019, means tenants will no longer face fees for services, including viewings, credit checks, references and setting up a tenancy. However, it is entirely possible that these additional costs, once eliminated, will raise the tenant’s rent.

What are the other main considerations with buy-to-let properties?

The biggest consideration for anyone thinking about a buy-to-let mortgage is financial. Firstly, you will require a larger deposit to make the purchase. Secondly, the mortgage is generally based upon the rent, rather than your income. To cover the mortgage and expenses of running the property, in addition to making a profit, you need to charge high enough rent.

What top three tips would you give to someone purchasing their first buy-to-let property?

  • Number one – Research the market! This cannot be understated. Ask yourself, what do you know about the market? Are you sure this is an investment you want to commit to? It is important to consider the risks as well as the benefits.
  • Number two – Do not rush the process and look around for the best buy-to-let mortgage deal. It pays dividends to speak to a good independent broker and your bank. They will explain what deals are available and which one is right for
    you
  • Number three – Above all, think about your target tenant. Who are they and what do they want? Will you rent to students, young professionals or a family?

How can we help?

The CJCH conveyancing team has over 35 years’ experience in property matters. Your matter is expertly managed by qualified solicitors and conveyancers, ensuring you are in safe hands.

Get in touch via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

In the event that you encounter difficulties with your tenant/s any time after completion, get in touch with our Litigation Team on 029 20 483181 who have the necessary expertise to assist whatever the problem.

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

Business Law

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

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

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

What issues do you advise businesses on as a solicitor?

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

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

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

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

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

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

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

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

How can we help?

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

Get in touch via:

Telephone:  0333 231 6405

Email: commercial@cjch.co.uk

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The Importance of Protecting your Intellectual Property

Protecting Your Intellectual Property

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

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

What is Intellectual Property

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

Benefits of protecting IP

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

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

Different types of IP protection

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

Importance of seeking legal advice

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

How we can help

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

Telephone: 0333 231 6405

Email: consulting@cjch.co.uk

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

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

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

Fortunately, our experienced Solicitor, Rebecca May, is here to tell you the five things you need to know about being named as an Executor of a Will.

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

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

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

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

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

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

Email: privateclients@cjch.co.uk

Telephone: 0333 231 6405

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Social Media Usage and Employment Law

By Max Wootton

The rise of social media has undoubtedly revolutionised society. As more of our work and home affairs are conducted online, and with the ability to access data from work at any time, the line between personal and work is increasingly blurred.

This in turn presents different challenges for employees and employers. Employees may be confused regarding what is acceptable and not acceptable on social media. Whilst in this changing landscape, employers may need to take steps to protect their business.

Our employment team is available to provide some much needed guidance on this difficult issue for employers and employees.

Expressing Opinions Online

Expressing opinions online is an extremely grey area. An employee is allowed to say what they want, so long as they are not breaking the law when doing so. Its best to adopt an approach of not posting anything online that could possibly be construed as being detrimental to your employer or a fellow employee.

Posting Content Damaging to an Employer

It is possible under the law to be dismissed fairly for content posted on social media that can be construed as damaging. This is especially true if what has been posted is classed as defamation, where you could be subject to legal proceedings potentially resulting in a financial penalty.

Advice to Employees

The main advice to employees is to use a common-sense approach. Check your contract of employment or your employee handbook, which should contain policies pertaining to social media usage.

Freedom of Speech and Employee Rights

The Human Rights Act, 1998 affords individuals “the right to freedom of expression.” However, that can be qualified by “necessary” restrictions prescribed by law. Restrictions will be contained in an employment contract or a company handbook so make sure you are familiar with those sections.

Protecting Your Business as an Employer

There are three main ways an employer can best protect a business from damaging social media. The first is policies, employers must make it clear what online conduct is acceptable and what is not. This will be done through contracts of employment and other contractual policies. Employers must be clear when employees will be seen as representing the employer.

The second way is training, employers should ensure that their employees know what is acceptable and unacceptable on social media. Training can be conducted through webinars, sending employees on courses, or outsourcing to a private company.

Finally, employers should engage their employees and provide them channels to provide feedback anonymously. Research has shown these provisions allow employees to share their thoughts in a constructive way, rather than posting on social media harmful content about an employer’s business.

How we can help

If you would like some advice on this issue, either as an employer or an employee, contact our employment team directly via:

Telephone:  0333 231 6405

Email: employment@cjch.co.uk

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6 Things You Need to Know About Prenuptial Agreements

By Sarah Perkins

With Spring underway, the days are getting longer, the weather is getting warmer and wedding season begins!

Changes in society continue to affect people’s attitude towards marriage and particularly around prenuptial agreements.

The average age at first marriage continues to rise into the mid 30s. With people marrying later, they bring assets they have accumulated or inherited into the marriage that they may want to protect.

Women are prioritising their careers first and starting families later, which contributes towards the trend of putting these measures in place ahead of saying ‘I do.’

Discussing finances with a loved one can be a particularly sensitive issue and nobody plans for a marriage to end, but it is important to plan for any eventuality.

To help figure out if a prenuptial agreement is for you, below are six things you need to know about prenuptial agreements.

  1. What is a prenuptial agreement and is it a legally valid document in England and Wales?
    A prenuptial agreement consists of a formal written agreement which is entered into between the partners to the relationship ahead of the marriage. It outlines what each party is entitled to should the marriage end, as well as any other related conditions.
  2. Why should couples consider getting a prenuptial agreement?
    Both parties should consider a pre-nuptial agreement for the simple reason that it provides peace of mind going into the marriage that all aspects of their finances, assets and property are protected. It isn’t a matter of trusting each other, but rather a matter of being responsible and planning for your own future, for any eventuality. It can also protect one partner against the other’s debt, protect inherited assets or children’s inheritance, and ensure control over business assets.
  3. How can a solicitor help someone make a prenuptial agreement?
    A solicitor can ensure the prenuptial agreement is drafted properly. This makes it more likely the agreement will be upheld in a divorce. The agreement should be carried out at least 28 days ahead of the wedding to ensure that all matters are resolved by the ceremony. Allow as much time as possible to ensure all matters are thoroughly considered, negotiated and signed without any unnecessary pressure.
  4. What should someone do if they’re asked to sign a prenuptial agreement?
    Before signing, you should seek advice from a qualified solicitor. This doesn’t mean that you do not trust your partner, but it is important to protect your own interests as well as your collective interests. Ensure that the agreement takes your circumstances into consideration and is much for your own good as it is for your partner’s.
  5. What should be included in a prenuptial agreement?
    It is best to assess this on a case by case basis as it is largely related to the value of the item to the individual, both from a financial and sentimental perspective. There aren’t specific rules for what should not be included, but rather just as much is discussed and agreed as possible, and nothing is left to chance.
  6. What happens during a divorce if the couple has a prenuptial agreement?
    In the event of a breakdown in the marriage, couples will divide ownership of their belongings based on the prenuptial agreement.Generally, assets are divided 50/50 among both parties in the event of a divorce that doesn’t involve a prenuptial agreement. However, that may feel unfair to you if you have inherited assets, you own a business, or if your partner has outstanding debt.

How we can help:

For more information on prenuptial agreements, get in touch with our dynamic team in family, matrimonial and childcare law directly via:

Telephone: 0333 231 6405

Email: family@cjch.co.uk

Announcements

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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