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Supporting SMEs with Legal Issues

Running a business is in equal parts exciting and daunting. It involves complex legal issues which are overwhelming without the proper legal advice. CJCH’s commercial solicitor, Gareth Thompson, discusses the most common issues faced by SMEs and the value a commercial solicitor brings to a business.

How do you support businesses that are just getting started?

It is important to ensure incipient businesses have all the relevant documents in place to begin trading. This will vary from business to business but will usually include employment contracts, insurance, due diligence and risk assessment. Finally, it is crucial that the business takes steps to protect its intellectual property, which may not be at the forefront of the owner’s mind.

How can a business solicitor help an SME choose the right business structure?

This will depend on the needs of the business owner. Each business structure has its own strength, seeking legal advice will help you choose the right one. The most commonly chosen business structures are as follows:

  • Sole Trader
  • Partnership
  • Limited Liability Partnership (LLP)
  • Limited Liability Company (Ltd)

What are the most common legal issues SMEs face and how can solicitors help business owners avoid them?

The initial issues faced by SMEs usually revolve around setting up employment contracts and drafting articles of association. Whilst it might be attractive to business owners to use standard templates for these documents, there is a real risk that they do not suitably protect your business interests. This might lead to costs for the business later. Consulting a solicitor in the first instance mitigates this risk.

How can SMEs ensure that they are GDPR compliant? Why is this important?

Ensure that staff are appropriately trained and appoint someone as GDPR liaison within the company. Compliance is crucial as the Information Commissioners Office can issue large fines for companies in breach.

What are your top tips for someone looking to start their own business?

Get contracts written! Get insurance! Protect your Intellectual Property! Continue to seek legal advice from a commercial solicitor as the business matures.

How can we help?

The CJCH commercial team’s services span the full spectrum of corporate and commercial requirements. From startups to SMEs & large organisations, we provide legal support and advice to leverage opportunities and minimise risks to your business.

Get in touch via:

Telephone: 0333 231 6405

Email: commercial@cjch.co.uk

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Supporting Clients Through Expert Legal Advice

Let’s face it. Legal issues are complicated and confusing. Unfortunately, whether you are buying or selling property, making a Will or trying to set up a business these complicated issues follow us around. Facing these issues can feel daunting.

Fortunately, solicitors are experts in their field and can effectively support their clients through sound legal advice. Ultimately, this helps reduce the stress the client will face throughout the process. Our trainee solicitor, Amy Palin lays out how she supports clients, providing them peace of mind that their matter is being dealt with promptly, professionally and with the client at the forefront.

As a solicitor, explain to us how you help your clients on a day-to-day basis.

Solicitors provide a service based on instructions received.  And it is important to remain alert to issues surrounding the primary reason a client is coming to you for advice. There may be wider considerations, or other services we can offer, of which the client may not have been aware. It is also important to provide a high level of client care, particularly if there are complex legal issues involved, to ensure the client fully understands their matter.

How do you work to build trust with your clients? Why is this important?

It is vital to be open with clients from the outset! Especially in relation to timescale, costs and the practical issues surrounding their matter. Maintaining good communication is the most effective way to build trust. Sometimes there may be an unforeseen issue or delay beyond immediate control. However, I usually find that as long as I communicate the issue promptly or assure the client I am still actively working on their matter, this maintains a positive relationship with the client.

In terms of solving legal issues, how do you support your clients throughout the process?

As above, communication is key! It is important to cut out legal jargon and explain legal issues in plain language. I always encourage questions, as this is the best way to not only make sure the clients understand everything, but also to help me improve the way I serve clients in future.

Do you ever find yourself providing support and advice on wider issues related to your client’s case?

All of the time! Asking open questions is a great way to get a fuller understanding of the client’s needs. There are other matters that arise once a client finishes a case. For example, if a client is purchasing a property, they might benefit from creating or updating their will to reflect this. Of course, this might not be something at the forefront of their minds. It’s the solicitor’s responsibility to be proactive in providing advice in these situations.

What do you enjoy most about working with and supporting your clients?

The opportunity to work closely with people and develop relationships with them is incredibly rewarding. Especially in the moments when the work itself is a grind. Additionally, I find their experiences can often provide me with context to the issues on which I am advising. It can be easy to focus only on the legal rules and principles, so real examples of these in practice can remind me of the practical benefits and importance of the advice we provide, as well as help me to help clients more effectively in future.

How can we help

CJCH has experienced professionals offering advice in wide areas of personal and business law. We provide bespoke legal service and high-quality advice. Get in touch with a member of our team today.

Get in touch via:

Email: admin@cjch.co.uk

Telephone: +44 (0) 29 2048 3181

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Cohabiting Couples & the Law – Protect Your Rights!

The number of cohabiting couples continues to rise to over 6 million in 2018. This coincides with a decline in marriage rates, which have fallen since their peak in the early 1970s. With this in mind, what does it mean for couples that are choosing to forgo tying the knot?

It is often overlooked that unmarried couples do not enjoy the same rights as married couples. It is therefore important that married couples are aware of this difference so that their rights are protected. Our solicitor in Family Law, Sarah Perkins, discusses the rights of married and unmarried couples and dispels some myths surrounding ‘common law marriage’.

What does ‘common law marriage’ mean when people refer to cohabiting couples? Is it a myth?

Common law marriage in the UK is a myth.  The term refers to couples who choose to live together unmarried.  Worryingly, many people in the UK believe “common law marriage” exists and that unmarried couples enjoy the same legal rights as married couples.  This is not the case.

How do the rights of married and unmarried couples differ?

The rights of married and unmarried couples differ in several ways. For example, when an unmarried partner dies without leaving a will, the surviving partner will not inherit anything.  Unless, however, the couple jointly owns property and assets. A married partner would automatically inherit all or some of the estate under the rules of intestacy.

Additionally, cohabiting partners cannot access their partner’s bank account if they die. Whereas married couples may be allowed to withdraw the balance providing the amount is small. Cohabiting partners are not legally considered to be next of kin.

Following separation, an unmarried partner who has stayed at home during the relationship to care for children cannot make any claims in their own right for property, maintenance or pension sharing. It is irrelevant if the decision to care for children was to the detriment of the person’s earning capacity and regardless of how long they lived together.

There is no legal obligation on unmarried couples to support each other financially. Whereas married partners have a legal duty to support each other.

Furthermore, if an unmarried couple lives in rented accommodation and the tenancy is in only one partner’s name, the other has no legal right to stay in and occupy the accommodation.  When married, each partner has the right to live in the matrimonial home.

What legal considerations do you think unmarried parents should be aware of?

An unmarried father does not have automatic parental responsibility for a child. Parental Responsibility is acquired by an unmarried Father when named on the Birth Certificate or an Order of the Court.

If an unmarried parent dies without leaving a will, the other parent will not inherit anything unless it is jointly owned.  If the child is the deceased parents’ next of kin, then the child will inherit all or part of the estate. The estate If the child is a minor, the estate will be held on trust. It is therefore of utmost importance that unmarried parents have up to date wills reflecting their wishes.

Tell us what a cohabitation agreement is and how it could help unmarried couples.

A Cohabitation Agreement is a written document which sets out the parties’ intentions concerning property and other assets. It provides certainty regarding property division in the event of a relationship breakdown.  Agreements can include the following information:

  • who will be responsible for payment of rent or mortgage and various household bills;
  • ownership of personal belongings and furniture;
  • ownership and shares of jointly owned property;
  • detail the living and contact arrangements for children following the breakdown of the relationship.

Provided the agreement is drafted correctly it is legally enforceable.

Are there any other measures cohabiting couples can put in place to protect themselves if they split up or one of them dies?

If properties are purchased jointly but with unequal contributions to the purchase price, unequal contributions to mortgage payments and other expenses related to the property, the property should be held as Tenants in Common and a Deed of Trust drawn up upon purchase reflecting the arrangement.

Cohabiting couples should ensure that they have up to date Wills reflecting ho should inherit their assets and belongings in the event of death.

How can we help:

Get in touch with an experienced member of our team today. Contact us via:

Telephone: 0333 231 6405

Email: family@cjch.co.uk

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Solicitors and the Conveyancing Process

Whether you are buying or selling property, the experience can be a stressful time. Property law is complicated, convoluted and confusing. It is important to ensure that the conveyancing process is handled effectively. This ensures that the property transaction is legally sound and protects you financially.

Our specialist solicitor, Myles Thomas, looks at the conveyancing process and the benefits of a solicitor/conveyancer handling the matter for you, rather than a DIY approach.

For more information, get in touch with a member of our team today.

What is conveyancing and what is the process that is usually followed?

Conveyancing is the transfer of the legal title of a property from one person to another. As solicitors, we are responsible for ensuring our client has a good and marketable title to a property. We check the title, and if buying, request searches (Local Authority, Water & Drainage and Environmental), raise and respond to any pre-contract enquiries, arrange the signature of documents and deal with the transfer of funds upon exchange/completion.

Exchange is the point at which the contract becomes legally binding. Finally, completion is when you get the keys to your new home!

As a solicitor, what are your main responsibilities and duties during conveyancing?

Our obligation is to affect the completion of the sale or purchase for our client, ensuring they obtain a good title and their interests are protected throughout.

What value does a solicitor bring to the conveyancing process as opposed to an alternative service or a DIY approach?

Experience and qualified knowledge enable us to provide expert, proactive advice. This allows the matter to run smoothly. It is possible to do your own conveyancing, however, this is not a good idea as the process is complicated and time-consuming.

What issues can arise both in the short term and the long term if someone takes a DIY approach to conveyancing?

From our experience, the lack of professionalism caused by unqualified conveyancers almost always incurs cost on the client. When the matter is dealt with by professionals, the chain delays and additional expense is avoided.

Buying property is one of the most expensive purchases we make, so why leave anything to chance?

How do you support your clients through the conveyancing process?

Communication is key to what is traditionally a stressful and expensive time. We keep our clients proactively updated throughout the transaction and readily available to answer enquiries they may have to relieve stress and assure them that they are in safe hands.

How can we help?

CJCH is committed to providing high quality, friendly advice. Our team has over 35 years’ experience in dealing with these matters. Get in touch with a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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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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Supporting Employees & Gender Identity

The month of June marks Pride Month, celebrating the LGBT+ community worldwide.

CJCH joined a discussion looking at how employers can support employees when it comes to expressing their gender identity and how they can make the workplace a safe and understanding environment

It must be daunting for an employee to express to an employer, or their fellow colleagues, their gender identity. Unfortunately, discrimination in the workplace around individuals expressing their gender identity still exists. The biggest barrier to inclusion is a lack of knowledge amongst employers and employees. Therefore, raising awareness of these issues is vital to promote inclusion. Our solicitor, Myles Thomas, outlines how employers can best support their employees expressing their gender identity.

What is The Equality Act 2010 and The Gender Recognition Act 2004 and how do they protect employees?

The Gender Recognition Act 2004 allows people in the United Kingdom who have gender dysphoria, (which is the condition of feeling one’s emotional & psychological identity as male or female to be opposite of one’s biological sex), to change their legal gender.

The Equality Act 2010 protects individuals in Great Britain from (either direct or indirect) discrimination, harassment and victimisation. There are nine protected characteristics, which are:

  • Age
  • Race
  • Gender Reassignment
  • Pregnancy and Maternity
  • Disability
  • Religion or Belief
  • Marriage & Civil Partnership
  • Sex
  • Sexual Orientation
When it comes to employees who are transitioning, or who are expressing their gender identity, what is classed as discrimination?

You are entitled to protection from discrimination if you identify as transgender under the Equality Act 2010. Discrimination occurs under four categories:

  • Direct: When someone treats your worse than another person in a similar situation because you are transgender
  • Indirect: Where an organisation or employer has a policy or way of working that puts transgender people at a disadvantage
  • Victimisation: When you are adversely treated because you have raised the issue of gender reassignment discrimination under the Equality Act. You may also be victimised if you are connected to someone who has complained about gender reassignment discrimination.
  • Harassment: Where someone makes you feel humiliated, offended or degraded because you are transgender.
What are the consequences of discriminating against an employee because of their expressed gender identity?

The employee who is discriminated against could make a claim in the County Court or Employment Tribunal. The result is potentially a large financial penalty. For the individual in question, this may cause emotional distress and affect job performance.

How can employers make sure they are fully equipped to support an employee expressing their gender identity or transitioning?

The effectiveness of a ‘one size fits all’ approach is unlikely. The process is an ongoing one and every person expressing their gender identity is different. However, a good start for employers is open-mindedness to the needs of their employees. Moreover, take the time to understand their concerns. Additionally, awareness of potential health issues with gender reassignment. If an employee requires time off work, then these periods of time off should be treated the same as an employee needing time off for health-related issues.

How can employers make their workplace a safe and understanding environment for employees, no matter how they identify?

It is important to have a clear diversity policy, which is properly enforced & available to employees. Above all, the policy should state that employers will not tolerate any kinds of discrimination. There should be consideration for how to raise concerns and how to best protect individuals. Finally, regular training of employees and of HR employees will help create a culture of inclusivity and acceptance.

How can we help:

Seeking specialist employment law advice is essential to achieve the best outcome to a grievance, dispute or claim against a past, prospective or current employer. We recognise the importance of resolving sensitive employment difficulties. Speak to a member of our team today.

Get in touch via:

Telephone: 0333 231 6405

Email: employment@cjch.co.uk

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Communicating with Clients and Cutting through Legal Jargon

Communicating effectively with clients is essential for a productive client-solicitor relationship. Solicitors must take care to ensure that communication with clients is clear and tailored. It is important clients get the first-rate service they paid for. Our trainee solicitor, Amy Palin, sat down to discuss how she cuts through legal jargon and tailors advice so that both client and solicitor are always on the same page.

How do you help your clients understand their case when it comes to more complicated aspects and legal jargon?

I always try to simplify everything without patronising the client. It’s easy to get into the habit of using legal jargon with colleagues in the office, but when speaking to the client take care to explain the matter in plain language. I try to find examples that are more likely to stick in their mind, so that the client feels they know how their matter is being handled. Finally, I encourage the client to ask questions and create an environment where they feel comfortable doing so.

Every client is unique, how do you approach tailoring your advice to make sure their individual needs are met?

When taking instructions, I always start with an open discussion as to how the needs of the client can be met. This broadens the scope of the discussion and might reveal other concerns they may have. Ultimately, by getting to know the client and their concerns it means we can work out what the client needs. This is the best way to deliver a satisfactory conclusion to their matter.

Do you do anything aside from the usual emails and face to face meetings to communicate with clients?

At CJCH we try to accommodate our clients as best as we can. For our clients based overseas we can arrange Skype/conference calls. Furthermore, our diverse team speaks over 22 languages, which means we can usually deal with any translations for clients in-house rather than relying on an outside interpreter for communicating.

What are the benefits of clients feeling that they can ask a solicitor questions and then actually doing so?

When a client asks questions, they will have a better understanding of their matter. Additionally, it is good for the client-solicitor relationship if the client does not feel removed from the details & complexities of the process, they will likely be more satisfied with the service. Furthermore, clients asking questions forces me to challenge the way I respond and shows me areas where I might improve to provide clients a better service in future.

What tips would you give to clients when it comes to having open communication with a solicitor?

Ask questions! Always tell your solicitor if what they are saying does not make sense. Doing this at the outset will usually make the matter proceed more smoothly and efficiently. It is also the best way for law firms and solicitors to develop and make progress as to the best ways to meet clients’ needs.

How can we help:

CJCH is committed to providing expert, clear and tailored advice on a wide range of personal and business law matters. Speak to a qualified member of our team today. Get in touch via:

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

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Living with Dementia and Planning Future Care

A dementia diagnosis is undoubtedly devastating news for individuals and their families. Although it might be hard to discuss, it is important to plan for your future care and ensure your wishes are carried out.

John Moore

This week, CJCH took part in a discussion with the Law Society as part of their Dementia Action Week campaign. Our specialist solicitor, John Moore, joins the conversation, which aims to unite people through discussing living with dementia and planning for future care.

How can a solicitor help someone living with dementia plan for their future?

If a person still has mental capacity, a solicitor can put a Lasting Power of Attorney (LPA) in place to ensure that the person’s finances are managed in the future.

What are Lasting Powers of Attorney and what do they cover?

An LPA grants a trusted individual the power to make decisions on behalf of the donor, if the person is unable to make the decision themselves. There are two different types of LPA. They are for health & and welfare, and for property & financial affairs. It is possible to draw up one or both. Moreover, a different person can be appointed for each LPA, or both can be the same.

What is a deputy and how can you become one?

A deputy is someone appointed by the Court to manage someone’s affairs where they don’t have the mental capacity to make an LPA. A Court application is needed.

What is an advance statement and how can it help someone living with dementia?

An advance statement is a way to provide instructions about your wishes to assist people in making decisions about your health or social care in the future – especially if you lose the capacity to make decisions or communicate them.

What advice would you give someone living with dementia when it comes to planning for the future?

Undoubtedly a difficult topic to discuss, it is important to plan by making an LPA and clearly set out your wishes so that you are cared for properly and receive the assistance you need if your health were to deteriorate.

How can we help?

At CJCH, we use our combined expertise to help you plan for your future care. For more information, contact us via:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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No Fault Divorce – 6 Things You Need to Know

The government plans to change the law surrounding divorce to remove the concept of fault.  According to the Justice Secretary, this proposed reform will come into force ‘as soon as parliamentary time allows.’ Our specialist Family & Matrimonial solicitor, Sarah Perkins sat down to discuss the proposed changes in the law. Here are 6 things you need to know about no fault divorce.

What is the current process for divorcing or ending a civil partnership in England and Wales?

Under the existing Matrimonial Causes Act 1973, an applicant must prove to the Court that their marriage has irretrievably broken down.  This is based on one of the following criteria, that the other party:

 

  1. Engaged in Unreasonable Behaviour
  2. Committed Adultery
  3. Deserted (one party has deserted for two years or more without explanation)
    Or:
  4. Two years separation with the consent of the other party
  5. Five years separation with no requirement of consent

Therefore, unless a couple has been separated for at least two years, one person must blame the other and prove fault either by way of examples of their unreasonable behaviour or adultery which must either be admitted by the other party or proved.

As a result, respondents to a divorce often contest proceedings which results in increased conflict and expense.

How is the law set to change regarding no-fault divorce?

No-fault divorce will remove the old five criteria set out above. They will be replaced with a requirement of notification to the court, a statement of irretrievable breakdown.

Furthermore, the government plans to:

  • Allow couples to give notice and apply jointly
  • Remove the ability for one party to contest the divorce
  • Introduce a minimum time frame of six months from Petition to Decree
  • Absolute to allow time to reflect on the decision to divorce and access any support such as counselling or mediation
  • Retain the ban on applications in the first year or marriage
How will the new law impact the family law landscape?

The aim of the new law is to remove the element of blame, reduce conflict and hostility between parties and simplify the process.  This enables parties to concentrate on the children and financial matters arising from divorce and protect any children of the family from ongoing parental conflict.

The new law could see a rise in the number of divorce applications as parties will no longer have to wait for a period of two years if they wish to divorce without blame being apportioned to one party.

Depending on the simplicity of the finalised process, there may be an increase of couples divorcing without guidance from Family Law practitioners. However, independent legal advice should still be sought in relation to children and financial matters which would not be affected by the new legislation.

How will the change in law affect clients and the process of divorce?

The proposed change in the law will allow clients to apply for a divorce without blaming one party, without having to wait for a period of two years or more. Consequently, it will allow couples to apply jointly and remove the ability for one person to contest a divorce.

The proposed plan is to introduce a minimum time frame of six months from petition to decree absolute.  This allows time for both parties to reflect on the application and access any support such as counselling or mediation.

Will people currently going through a divorce be impacted by the change in the law?

The law is not in force yet – it will only apply to divorces applied for after the date of the legislation

How can a solicitor help you know where you stand if your relationship breaks down?

A Solicitor can advise you of all your options following relationship breakdown including separation agreements, judicial separation or divorce and help you decide which is the right option for you.

Furthermore, solicitors can also advise and assist in making child arrangements and advise in relation to all financial issues arising from your separation including what to do with the family home, dividing any assets from the relationship, looking at income and pensions to ensure that you and any children of the family are fairly provided for.

How can we help?

Speak to a member of our dynamic team in Family, Matrimonial and Childcare Law who will use their extensive knowledge and experience to support you.

Get in touch via:

Telephone: 0333 231 6405

Emergency Telephone: 07967 305949

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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