CJCH took part in the 2019 SRA Diversity Survey. We are committed to hiring and retaining a diverse workforce not limited by age, gender, sexuality or any other background.
Embracing diversity & equality has a positive affect our employees and on the wider community that CJCH is proud to serve.
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
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
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
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
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.
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
We are delighted to announce that, at the grand Cardiff Life Awards ceremony at Cardiff City Hall last night, CJCH took home the award for Legal and Financial business of the year for 2019.
Our team is thrilled to have received this accolade and for the recognition of being a leading business serving our community.
The notes from the judges were:
” A solicitor’s firm with a genuine difference. Strong demonstrable growth, innovative and forward-thinking use of technology, and an inspirational outreach programme for schools and charities.”
As always, we have our fantastic team to thank, who put in all the hard work and dedication to everything we do. We would also like to thank Emma and the team at Cardiff Life Magazine, the Judges, and all the wonderful sponsors like Jelf, Cardiff Airport, and FOR Cardiff.
Lauren Powell has joined the Residential Conveyancing and Private Client team here at CJCH and wanted to share these tips for first-time home buyers:
As a first time buyer, the legal process of purchasing a property (known as conveyancing) can be a confusing and stressful time.
At CJCH Solicitors, our dedicated team of solicitors are here to make the process as straight forward and stress-free as possible. We have created a brief guide to the steps of the conveyancing process and some of the terminology that is often used to give first-time buyers an initial understanding of the process.
For further information or for a competitive quote for our legal services, please contact a member of our team.
Congratulations! You have found your property and agreed on a purchase price with the seller.
It is at this stage that the estate agents, seller or developer (in the case of new build properties[1]) may ask for the details of the solicitor you have decided to instruct to act on your behalf.
At CJCH Solicitors, we pride ourselves on providing prompt service. We ensure that once we have provided a quote and agreed our fixed fee[2] with you, we send confirmation of our instruction to you as soon as possible. As this is likely to be the most important financial transaction of your life, it is vital to ensure you choose the right solicitor. A cheap service can often mean a poorer quality service!
Our quote will include information on whether any stamp duty land tax (which applies to properties in England) or land transaction tax (which from April 2018 applies to properties in Wales) is likely to be payable. The rules can be complex, so a chat with one of our team is advised to ensure you know upfront what the costs are likely to be.
At this stage, we also request the contract pack[3] from the seller’s solicitor.
If you require a mortgage to purchase the property and you have not already made arrangements, it is important to make an application for a mortgage to help fund the purchase and ensure you obtain your agreement in principle[4] as soon as possible.
For new build properties, a Help to Buy Equity Loan[5] in addition to your mortgage could also be a possibility for you. It is best to seek financial advice before agreeing to any mortgage or loan, to ensure you choose the best option for you.
Your lender will request the details of your solicitor. You should receive a copy of your mortgage offer and your solicitor will also be sent a copy by your lender. Your solicitor will normally also represent your lender during the process.
It is always advisable that you commission a survey to ensure a detailed physical inspection of the property is carried out by a professional surveyor to highlight any potential issues. Although this is an extra cost to you, it can save you discovering any nasty surprises in the future!
Please note that if you are purchasing with a mortgage, it will not be enough to rely on your lender’s valuation report as this is done to satisfy your lender that the property is sufficient security for their loan.
Your solicitor will also order search reports[6]. Searches are normally carried out with the local authority, water and drainage provider and an environmental search is usually done (some additional searches can be required depending on the property itself).
Your solicitor raises any enquiries they feel necessary with the seller’s solicitor based on the information provided in the contract pack at the beginning of the process, the search reports received your survey report and any questions you may have for the seller from your physical inspection of the property. When the seller answers the enquiries satisfactorily, it is the time to agree a completion date[7] with all parties involved.
Before the day of completion, a process known as ‘exchange of contracts’[8] will take place. The time in between exchange of contracts and the day of completion does vary depending on the circumstances of both the seller and the purchaser (and whether there is a chain[9] involved).
Exchange of contracts is a process that takes place over the phone between the seller’s solicitor and purchaser’s solicitor. Exchange of contracts is the point whereby you become legally bound to purchase and is designed to provide security that completion goes ahead on the agreed date. It is at this stage that you forward your deposit, normally 10% of the purchase price. If you withdrew from the purchase after the exchange of contracts, the deposit is forfeited to the seller. The seller can also face penalties if they withdrew from the sale after the exchange of contracts. Although, parties withdrawing after the exchange of contracts is very rare.
Before exchange of contracts can take place, you will normally meet with your solicitor to sign the necessary documents. You will also be given information on how to transfer the deposit funds to your solicitor, which your solicitor needs to receive before exchange of contracts. Your solicitor will also request your mortgage funds directly from your lender to ensure they arrive in time for the agreed completion date.
On the day of completion, the seller vacates the property (if they have not already done so).
Your solicitor will send the purchase funds to the seller’s solicitors and, on receipt of the funds, the seller’s solicitor will notify your solicitor that the keys can be collected.
The keys are normally collected from the acting estate agents’ office and completion usually takes place around lunchtime, though it will depend on when the funds are received by the seller’s solicitor.
Your solicitor will see to the filing of a stamp duty land tax return to HM Revenue and Customs (HMRC) or a land transaction tax return to the Welsh Revenue Authority (WRA) and the payment of any tax that is due on your behalf.[10]
Your solicitor will also register the property in your name with HM Land Registry[11]. When registration is completed, your solicitor will send you an updated version of the title to the property, showing you as the registered owner. If you are purchasing a leasehold property[12], the lease will be registered in your name.
This is often also an important time to consider whether you should make a Will to ensure your property, along with any other assets, would pass in accordance with your wishes. For more information on our Will drafting services and fees, please contact a member of our Private Client department.
Notes:
[1] New build properties are properties that are to be, are in the process of, or have just been built by a developer. The conveyancing process is slightly different when you are purchasing a new build property. Please contact our team for further information.
[2] At CJCH Solicitors, we offer a fixed fee service for conveyancing with no hidden costs. This means that the quote for our legal fees will be for a fixed amount and will not increase, provided no unforeseen work is required (if it is, we agree any further costs with you beforehand).
[3] This will include information on the title to the property, the sale agreement, and forms completed by the seller providing details about the property and its fixtures and fittings, together with supporting documents.
[4] An agreement by your lender to lend a certain amount to you based on the information you have supplied at that stage. A formal application will need to follow to the lender before they formally grant you the loan.
[5] This is a government scheme which could help fund up to 20% of your new build home, leaving you with a 5% deposit to pay (rather than a 10% deposit which is normally required) and a 75% mortgage. There are different rules that apply to properties in England and properties in Wales (Help to Buy and Help to Buy Wales are separate organisations). Please contact us for further information.
[6] Search reports are carried out through an independent search provider. The searches can provide essential information on issues such as the property’s highways, connections to the sewage and water drainage systems, flood/contamination/subsidence risks and planning permission and building regulation documents relating to the property, to name just a few.
[7] The completion date is the date that you finalise the purchase and are able to collect the keys to the property.
[8] You will need to ensure you have a buildings insurance policy in place for the property for this date.
[9] This is where there are a number of linked sales and purchases that are all reliant on one another to complete. Naturally, the longer the chain, the longer the conveyancing process tends to take.
[10] For most purchases, there is a duty to inform HMRC or the WRA of the purchase via a return, even if no tax is payable.
[11] An organisation that registers ownership of property and land in England and Wales.
[12] This is where you have an agreement with a landlord called a lease that, amongst other things, will state how long you will have ownership of a property. The landlord is often the person/organisation that owns the freehold title to the property. At the end of the lease, ownership returns back to the landlord. If you own a freehold title to a property, you basically own the property outright.
The team here at CJCH Solicitors were beaming recently when we learned of our firm being named a finalist in the Legal and Financial category of a leading local awards initiative. Our excitement has more than doubled when it was recently announced that our firm had also been listed as a finalist in the newly established Wales Legal Awards in the category of Corporate and Social Responsibility Programme of the year.
Our CSR initiative is lead by our senior partner, Jacqui Seal, together with a team of our staff. In 2018, our programme included on-going support for main charity, Y Bont school for children living with disabilities, who we partner with to support their events, conduct fundraising initiatives on their behalf and generally offer our support where we can.
Other initiatives we have taken on in 2018 have included:
We are proud to be representing this category of the awards, as the ethos of the CJCH legal practice is to always give back to the communities in which we provide services.
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.
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!
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.
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.
