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Author: CJCH Media Office

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CJCH Solicitor and Department Ranked in 2024 Partners and Chambers Guide

The CJCH Leadership team is excited to announce that one of our Solicitors, Amy Roberts-Rees, who is a Partner in charge of our Mental Health and Court of Protection Law departments, has been ranked in the 2024 Chambers and Partners Guide. This has been announced today along with the ranking of our Court of Protection department as a whole.

Chambers & Partners recognises the top law firms and lawyers globally. For the firm to be ranked for the first time is a prestigious accolade and really puts us on the map.  

Some quotes from clients and referees include:

“Amy is always entirely on the ball and knows what is going on.” “She is always available to her clients and has a broad knowledge of the law.”

“The team are very responsive.” “The firm’s lawyers are able to navigate complex matters with skill and pragmatism.”

This is a fantastic achievement and we are incredibly proud of the team!

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Our Blackwood office closed this week for continuous improvement works

Dear Valued Clients,
CJCH Blackwood Offices Closed – Week of 9 October 2023
As part of our continuous improvement initiatives, we recently began a full refurbishment project in our Blackwood office to improve and modernise the workspace and enhance your experience with us.
As a result, we will be closing the offices this week while critical work is taking place, for the safety of our staff and you, our clients.
Our team will be taking meetings at our other office (Cardiff, Barry, and Bridgend), as well as via video calls (please arrange directly with the individual you are in contact with).
We will continue to be contactable via email and phone.
For any queries, please call us on 0333 231 6405 or visit our contact page.
We will continue to provide updates as the refurbishment progresses.
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Renting Homes (Wales) Act 2016 – Rent increases.

By Danielle Pinocci-Hall

Renting a home is a crucial aspect of many individuals’ lives and changes in the law can have a significant impact on both tenants and landlords.

The Renting Homes (Wales) Act 2016’s most notable provision is the introduction of Occupation Contracts. From 1st December 2022, everyone who rents a home in Wales will have an Occupation Contract and be known as a Contract Holder, rather than a Tenant. Private Landlords in Wales can no longer use tenancy agreements when they let their properties and must use Standard Occupation Contracts instead.

The Renting Homes (Wales) Act 2016 has brought consequential changes to rent increase regulations in Wales. This landmark legislation aims to redefine the Welsh rental laws by emphasising Tenant protection, but also acknowledging a landlord’s interest.

At CJCH Solicitors we have recently assisted Money Saving Expert.com in their analysis of Rent Increases in Wales and provided legal insight into the ramifications of the new law. The article written by MoneySavingExpert.com can be found here:

https://www.moneysavingexpert.com/mortgages/rent-increase-tenant-rights-wales/

As you can see from the article, your rights as a tenant vary significantly depending on which Occupation Contract you have in place. We recognise at CJCH Solicitors that navigating the complexities of the new Renting Homes (Wales) Act can be a daunting task for both tenants and landlords alike.

We understand the challenges posed by this evolving law and we remain committed to providing a nuanced legal analysis of the Renting Homes (Wales) Act 2016. By acknowledging the complexities and sensitivities surrounding rent increase regulations, evictions, and notices, we strive to shed light on the intricate balance between tenant protection and landlord interests. As the Welsh rental market continues to evolve under the influence of this groundbreaking legislation, CJCH Solicitors and its dedicated team stand ready to provide invaluable legal insights and guidance for both tenants and landlords.

For support with Landlord and Tenant matters, speak to our team. Contacts here. 

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Understanding No-Fault Divorce in the UK Legal System

Divorce is an emotional and challenging process, and historically, it required couples in the UK to assign blame or prove wrongdoing by one party to obtain a divorce. However, significant changes were made to the legal landscape with the introduction of no-fault divorce. In this blog post, we will explore what no-fault divorce means in the UK legal system and the impact it has on separating couples.

No-Fault Divorce Explained

No-fault divorce refers to a legal process that allows couples to dissolve their marriage without assigning blame or establishing misconduct on the part of either spouse. It recognises that an irretrievable breakdown of a marriage can occur without attributing fault to one party, thereby shifting the focus from conflict to cooperation and resolution.

The Divorce, Dissolution and Separation Act 2020

To reform the outdated divorce laws, the Divorce, Dissolution and Separation Act 2020 came into effect in England and Wales on 6th April 2022. This Act introduces a no-fault divorce system, making the process smoother and less acrimonious.

Under the new law, instead of having to provide evidence of adultery, unreasonable behaviour, desertion, or separation for a specific period, couples can simply state that their marriage has irretrievably broken down. This is achieved by submitting a statement of irretrievable breakdown, either individually or jointly.

The Process

Once a statement of irretrievable breakdown is submitted, there will be a minimum timeframe of six months before the divorce can be finalised. This cooling-off period allows couples to reflect on their decision and explore the possibility of reconciliation.

During this period, couples will also have the option to file a joint application for divorce, promoting a cooperative approach. Additionally, it will be possible for one party to initiate the divorce process without the consent of the other, although this may impact the overall dynamics of the separation.

Impact and Benefits

No-fault divorce is expected to have several positive impacts on the UK legal system and separating couples. By removing the need to blame one another, it aims to reduce conflict, minimise emotional distress, and create a more amicable environment for negotiation on financial matters and child arrangements.

The new law also recognises that children often suffer the most in contentious divorce proceedings. By encouraging cooperation and constructive dialogue, no-fault divorce aims to shield children from unnecessary emotional harm and help parents focus on their well-being.

No-fault divorce marks a significant step forward in the UK legal system, offering couples a less confrontational and more constructive approach to separation. By shifting the emphasis from assigning blame to promoting cooperation, it is hoped that the process will become less adversarial, reduce emotional strain, and facilitate a more positive transition for all parties involved.

If you are looking for representation on a family or matrimonial law matter, reach out to our Family law team!

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Knowledge Sharing – Embracing Legal Technology for High-Street law firms

Luke Heydenrych – Director of Operations

As the world continues to move into an ever-evolving digital age, the integration of technology is a vital aspect of all industries, including the legal sector. Embracing new technology can be a daunting task. These are some learnings that may be of interest to others in the industry, specifically smaller, high-street firms which may be looking to integrate new technology into their business for the first time.

  1. Identify Your Firm’s Needs: Before diving into the world of legal tech, take the time to identify your firm’s specific pain points and requirements. Consider areas where technology can streamline processes, improve efficiency, and enhance client services. Is your firm struggling with document management, case management, or client communication? Understanding your needs will help you narrow down the options and make informed decisions.
  2. Research and Evaluate: Once you’ve identified your firm’s needs, conduct thorough research to explore the available legal tech solutions. Consider factors such as functionality, ease of use, compatibility with existing systems, and vendor reputation. Read reviews, seek recommendations from trusted sources, and attend legal technology conferences or seminars to stay updated on the latest trends and advancements. Remember, one size does not fit all.
  3. Start with Small Steps: When integrating new technology, it’s essential to start with small, manageable steps. Implementing a complete overhaul of your systems can be overwhelming and may disrupt day-to-day operations. Begin with a pilot project or select one area of your firm where technology can make an immediate impact. Gradual integration allows for a smoother transition and reduces resistance from staff members.
  4. Training and Education: Introducing new technology requires proper training and education for your team. Ensure that all staff members are familiar with the chosen technology and understand its benefits. Offer training sessions, workshops, or even online tutorials to help employees adapt to the new tools. Encourage open communication and address any concerns or questions raised by staff members.
  5. Data Security and Compliance: As the legal industry handles sensitive client information, data security and compliance are of paramount importance. Before implementing any technology, thoroughly assess its security features and data protection protocols. Ensure that the chosen solution complies with industry regulations, such as GDPR,  depending on your jurisdiction. Regularly update security measures and monitor potential vulnerabilities to safeguard client data.
  6. Measure Success and Adapt: After integrating legal technology, monitor its impact on your firm’s efficiency, productivity, and client satisfaction. Set specific metrics and key performance indicators (KPIs) to evaluate the effectiveness of the technology. Seek feedback from staff members and clients to gain insights into areas of improvement. If necessary, be willing to adapt and make changes to maximise the benefits of the technology.

High-street law firms can no longer afford to overlook the potential benefits of legal technology. By understanding their specific needs, conducting thorough research, starting small, providing proper training, ensuring data security, and measuring success, these firms can successfully integrate new technology into their business operations. Embracing legal tech not only enhances efficiency but also empowers firms to provide improved client services in an increasingly competitive landscape. It’s an ongoing process, so don’t think of it as a project with a start or an end, but more of a continuous part of how we do things now.

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New Land Transaction Tax changes from 10 October 2022 – what you need to know

By Natalie Summers – Head of CJCH Solicitors Conveyancing

SDLT

Stamp Duty Land Tax (“SDLT”) is a tax imposed by the government on the purchase of land and properties with values over a certain threshold in England. The amount of SDLT payable is calculated on a % of the purchase price paid. The changes announced to Stamp Duty in the September 2022 mini-budget amend the threshold at which SDLT becomes payable. The new rates are:

House Value   Stamp Duty
£0 – £250,000 0%
£250,001 – £925,000 5%
£925,001 to £1.5m 10%
Over £1.5m 12%

This means that if you are purchasing a property for £250,000 or less then you will not pay any SDLT.

First Time Buyer

Provided you, and anyone you are buying with, are a First-Time Buyer, you will additionally benefit from 0% SDTL on the first £425,000 value of the property, under the condition that the purchase price is less than £625,000.

You will pay 5% SDLT on the portion from £425,001 to £625,000. If the purchase price is over £625,000 you cannot claim the relief.

Additional Properties

You will have to pay 3% on top of the SDLT rates if when buying a new property, following completion you will own more than one property.

You will not pay the extra 3% SDLT if the property you are buying is replacing your main residence which has already been sold.

If you have not sold your main residence on the day of completion, you will have to pay the higher rate. This is because you will own two properties. You can apply for a refund of the extra SDLT if you sell your previous main residence within 36 months of completion of your new main residence purchase.

LTT

Land Transaction Tax (“LTT”) is a tax imposed by the government and is payable on the purchase of land and properties with values over a certain threshold in Wales . LTT replaced SDLT in Wales in 2018. The amount LTT payable is calculated on a % of the purchase price paid.

The Welsh Government have announced the new tax bands after 10 October 2022 which are as follows:

House Value Land Transaction Tax
£0 – £225,000 0%
£225,001 – £400,000 6%
£400,001 – £750,000 7.5%
£750,001 – £1.5m 10%
Over £1.5m 12%%

This means that if you are purchasing a property for £225,000 or less then you will not pay any LTT.

First Time Buyer

There is no additional First Time Buyer relief in Wales

Additional Properties

You will have to pay 3% on top of the LTT rates if when buying a new property, following completion you will own more than one property.

You will not pay the extra 3% LLT if the property you are buying is replacing your main residence and that has already been sold.

If you have not sold your main residence on the day of completion, you will have to pay the higher rate. This is because you will own two properties. You can apply for a refund of the extra LLT if you sell your previous main residence within 48 months of completion of your new main residence purchase.

 

For more information, speak to our experienced residential property and conveyancing team at CJCH Solicitors. With offices across South Wales, we are here to help you.

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Suicide Prevention Day – 10 September

Written by Rhian Bumford – Trainee Solicitor – Mental Health Law

 

The word ‘suicide‘ is usually a difficult one for people to talk about or sometimes even say. This is why it is all the more important that we do talk about it, in order to erase the stigma and shame around this sensitive subject and allow more conversation in the hope of prevention.

We live in a world where we are all so easily connected to one another, not only does this make our personal and work lives somewhat easier, but this can also present challenges to those that are struggling with their mental health. The connectivity can bring about unnecessary pressures and anxiety.

Someone who is struggling with these feelings may feel alone and that they have nowhere or no one to talk to. Often the victims are ashamed and do not want to burden anyone else with how they are feeling.

Within the Mental Health department at CJCH, we are exposed to the incredibly intricate world of mental health every day. No two clients are the same and every client is unique in their own way. Dealing with their own different thoughts and feelings, often something as simple as a conversation with a client who is battling with their mental health can make a huge difference to their day.

Samaritans provide various resources to support those who are struggling with these issues and have outlined some myths around suicide which are useful for all to read. Although suicide affects all, recent UK statistics have shown that there is a larger proportion of men prone to suicide, with the highest suicide rates being observed in the age groups of men between 45 and 49. Suicide not only affects the victim but the family and friends around, and it is important to remember that suicide does not discriminate.

If you are struggling, please speak up there is ALWAYS someone that will listen and help. A problem shared is a problem halved.

Please, remember it’s okay not to be okay!

Resources you can use for help:

Samaritans

Rethink

Mental Health UK

 

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School attendance in the heat – Our childcare team provide insight

By Sally Perrett – Solicitor | Head of Childcare Law

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

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

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

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

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

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

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

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

 

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

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UK heatwave and the work environment – Our employment law team weigh in

By Max Wootton – Senior Partner

As the heat wave continues to linger across the United Kingdom, many are asking what the potential impacts are on the working environment. The Health and Safety Executive (HSE) does not provide a recommendation on the maximum workplace temperature. This is because it is difficult to set any meaningful figure at the upper end of the scale due to the high temperatures found in, for example, factories or glass works.

Factors other than air temperature can also come into play in hot working environments, including radiant temperature, air velocity and humidity. That said, if the temperature at work is uncomfortably high because of hot processes, or even building design, the employer must still take all reasonable steps to ensure that workplace temperatures are at a comfortable level.

Employers have a statutory duty under the Health and Safety at Work etc Act 1974 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. This means that all employers are required by law to protect their employees from harm, including harm caused by excessive or uncomfortable workplace temperatures.

The Management of Health and Safety at Work Regulations 1999 require employers to undertake a risk assessment of the risks to the health and safety of their staff and take steps to control those risks where necessary. Under the 1999 regulations, an employer must:

  • identify the possibility of illness or injury from workplace temperatures
  • decide how likely it is that someone could be harmed in this way and how seriously
  • take action to eliminate the hazard, or if this isn’t possible, control the risk.

For most businesses exposed only to seasonal risks from hot or cold temperatures, the steps that need to be taken to control these risks are fairly straightforward. In most cases, this will be less about reducing the risk of illness or injury, and more about ensuring the thermal comfort of employees at work. Thermal comfort describes how acceptable a person considers their temperature, ie; whether they feel too hot or too cold.

 

For more information or assistance with employment law and HR service matters, speak with our team: https://www.cjchsolicitors.co.uk/business-law/employment-and-hr-services/

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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