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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!

Getting to know Court of Protection Law – a discussion with CJCH Solicitor, Connor Hegarty

As our Court of Protection team has been nominated for the Wales Legal Awards 2022 which will take place next week.  We had a chat with Connor Hegarty, Solicitor in our Court of Protection department

What is the Court of Protection and who does it help?

The Court of Protection deals with cases concerning people who have been assessed as lacking capacity to make a specific decision.  Where a person lacks capacity, the Court can make a best interest’s decision on the individual’s behalf. These can include the most serious and life-changing decisions including where someone lives, to how they interact with wider society, to considering withdrawal of life-sustaining medical treatment or nutrition/hydration. As well as dealing with cases concerning a person’s welfare, the Court also hears challenges to an individual’s deprivation of liberty pursuant to Article 5 ECHR.

As well as resolving disputes as to what might be in someone’s best interests, the Court also deals with the appointment of Deputies and Attorneys under Lasting Powers of Attorney.

What circumstances would lead to someone being considered as ‘lacking mental capacity’?

A person is considered to lack mental capacity for a specific decision if they met the legal test set out in the MCA 2005. Put simply, this is where a person has a cognitive impairment, and due to that impairment, cannot understand relevant information for a decision, use/weigh up that information, retain it, or communicate a decision on the specific subject. Examples of a cognitive impairment could be a brain injury, dementia or related conditions, or more severe learning disabilities. Although it is a legal test, assessments for capacity are often carried out by a health or social care professional.

It is always important to remember that lacking mental capacity is always decision specific.

What are some examples of decisions made in the Court of Protection? 

The Court can make a best interests decision concerning a wide variety of areas affecting a person’s life, where there is evidence to suggest they lack the capacity to make the decision themselves, including:

  • Conducting legal proceedings
  • Where they live
  • The care they receive
  • How their property and finances are managed
  • Who they have contact with, or how contact is regulated
  • How they access the internet and social media
  • Whether they can consume alcohol or smoke
  • The medical treatment they receive, including serious medical treatment, and decisions about vaccinations
  • Management of specific or long-term health conditions, such as diabetes
  • The appointment of a Deputy or Attorney for health/welfare or property/financial affairs

What does a solicitor who specialises in Court of Protection do and when should you speak to one? 

As specialists acting in the Court of Protection, the team of solicitors at CJCH can advise you on any areas that affect capacity law or best interests. We can advise on any disputes arising on whether a person has capacity for a specific decision, how a person’s personal welfare is being managed and challenges to a deprivation of liberty. We also have extensive experience advising on capacity and best interests concerning medical treatment, including the most serious cases before the High Court.

What is a Deputy?

A Deputy is a court-appointed individual to act in a person’s place to make decisions in their best interests, where the individual has been assessed as lacking capacity. Deputies can act in two areas, for health/welfare (less common) or property/financial affairs (more common). To be appointed a Deputy, the person seeking to act in this role must make an application to the Court.

Who can become a Deputy? Are there any rules surrounding this?

A Deputy must be over the age of 18. A Deputy is typically a relative or close friend of the individual concerned, but not always. Some Local Authorities will act as a Deputy for individuals in their area. There are also “professional” Deputies who act for a fee. There can be more than one Deputy appointed.

Deputies will be bound by obligations placed on their actions by the Mental Capacity Act 2005. They must also prepare an annual report detailing how they have acted in the individual’s best interest.

What is a Lasting Power of Attorney (LPA)? 

An LPA is a legal document that lets a person provide authority to another to assist them in making decisions about their health/welfare or property/financial affairs.

A crucial distinction between Attorneys and Deputies is that the Attorney must be appointed by the individual concerned when they have capacity to do so. If a person is assessed as lacking capacity, they cannot lawfully appoint an Attorney.

Who can become an Attorney? Are there any rules surrounding this? 

Similar to Deputies, an Attorney must be over the age of 18, and is typically a relative or close friend of the individual concerned, but not always. There are also “professional” Attorneys who act for a fee. There can be more than one Attorney appointed, who can act together or separately. For example, a parent may appoint more than two children to act as Attorneys to assist with decisions on finances.

What is the Office of the Public Guardian?

The Office of the Public Guardian is the body that oversees Deputies and Attorneys in England & Wales and investigates any complaints or concerns on how they may be acting.

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

Breaking Down Misconceptions of Speaking to a Solicitor

Ask someone to name the first things that come to mind when they think of lawyers, they probably think: stuffy, unapproachable, and too expensive. Whilst we are not all like that (I promise!), it is understandably daunting to speak to a solicitor. Especially if it is the first time you need to.

The legal profession has made strides in recent years to shed this image of the stuffy Oxbridge-type lawyer. However, misconceptions remain. Rebecca May, Solicitor at CJCH breaks down these common misconceptions. If you have a legal matter or need legal advice, speak to a solicitor. We are experts in our field, will always try to get the best outcome for our client and we don’t bite – well, most of us don’t!

What are the main misconceptions you think clients have about speaking to a solicitor?

Many clients are understandably intimidated when approaching a solicitor. Usually for fear of not understanding the legal jargon that is often used.

Historically Solicitors were portrayed as unapproachable and pompous. Furthermore, it was often thought that their only intention was to charge extortionate fees for their works.

How do you make sure clients find you approachable?

Speaking to clients in plain English is key! I explain legal terminology as simplistically as possible. This helps ensure that the client understands the legal principles most pertinent to their matter.

Our friendly approach makes our client feel at ease and able to ask anything that they may otherwise think is a “stupid” question. To reinforce this point – there is no such thing as a stupid question!

What advice would you give to a client who wanted to pursue a case which you didn’t think they needed to?

The best advice is to think with your head and not with your heart to establish what the desired outcome is. Unfortunately, it is easy to let your emotions cloud your judgement.

The client will always receive an honest assessment of the viability of the case. Additionally, the client will receive a realistic indication of the cost and timescale so they can make a rational decision.

How does specialist advice from a solicitor provide value for money?

Paying for something intangible oftentimes seems difficult to understand. Important to remember, when paying a solicitor, you pay for the time and professional advice that is provided to you.

We endeavour to keep our charges as competitive as possible whilst ensuring that the best service is given to the client.

Many people think they can deal with their legal issues alone, what pitfalls can clients fall into without professional legal advice?

While it can seem attractive to carry out the work yourself this is inadvisable. Overlooked legal intricacies by someone unqualified can cause unnecessary costs down the line. For example, you would see a dentist if you had a toothache and would rely on their professional knowledge & expertise – the same standard applies to legal matters, too.

Moreover, many people increasingly look to the internet to answer legal questions. Whilst that is helpful to get a preliminary understanding of an issue, it is not an adequate substitution for any professional service you may require.

How we can help:

CJCH is an award-winning firm with over 35 years’ experience in personal and business legal matters. For more information, get in touch with a qualified member of our team today.

Telephone: 0333 231 6405

Email: admin@cjch.co.uk

CJCH wins at Cardiff Life Awards

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.

CJCH Solicitors – Cardiff Life Awards Finalists

We are proud to announce that for a second year in a row CJCH Solicitors has once again named a finalist in the prestigious Cardiff Life Awards. Our firm is honoured to server our community and delighted to be in the Legal and Financial category.

We are also excited to see the caliber of our fellow nominees, as we are sharing the spotlight with some phenomenal local and national brands that make up the 2019 Cardiff Life Awards finalist list.

We look forward to celebrating with all the guests at the gala event at Cardiff City Hall in March.

CJCH Solicitors – Finalist for Cardiff Life Awards

The Cardiff Life Awards committee made the announcement this afternoon of their finalists across the 18 categories in their award lineup. CJCH Solicitors is proudly nominated as a finalist in the category of Legal and Financial, which is sponsored by FOR Cardiff.

It is an honour to be nominated, and we wish all of the nominees the best of luck for the ceremony on the 15th of March.

 

More information on the event from the Cardiff Life Awards team here.

Black Friday-Cyber Monday A threat to cyber security for individuals and businesses!

Black Friday-Cyber Monday

 
 

A threat to Cyber Security for individuals and businesses!

 Man shopping online black Friday Cyber Monday iPAD deals protect yourself cyber security

It is fast approaching the busiest weekend of the year for online retail.  ‘Black Friday’ weekend culminating in ‘Cyber Monday’, a period in which online retailers advertise their most attractive deals for a limited period in the hope of gaining lucrative profits in the run up to Christmas.  As billions of people prepare to bag the best bargains online and simultaneously swerve the scrum that is high street shopping over the Christmas Period, cyber criminals too are preparing for their most profitable weekend of the year.

 

A report* on last years’ Black Friday Sales confirms that the most common time for victims to initially make contact with hacker was on 28 November-1 December (coinciding with last years ‘Black Friday-Cyber Monday’ weekend).  UK online sales on ‘Black Friday’ weekend have increased 36% year on year to £1.1 billion in 2015. During this time it is more important than ever to be vigilant online.

 

Scams and how to avoid them:

 

EMAILS

 

Email are a common way for a scammer to entice an online shopper into offering personal and/or bank details in the belief that they are providing this information to a trusted source.
These fraudulent emails can also trick people into opening malicious attachments, or clicking on links that take them to fraudulent websites which may steal details such as usernames, passwords, as well as other sensitive information.  They may also contain malware that can embed itself and then corrupt your smart phone, tablet or laptop.   Email ‘spoofers’, will often disguise their email address as a bank, a well-known company, or a friend or family member.

To avoid falling victim to this form of online cybercrime you should;

• Know how to spot the warning signs of a hoax email including;
-An unknown sender
-Contains misspellings designed to fool spam filters. (letters replaced by numbers i.e. 0ffer)
-Contains attachments, which could include .exe files.
• Do not reply to unsolicited emails from companies you don’t recognize.

 

Also to look out for over the season: e-cards.  eCards have become very popular over the past few years.  A legitimate-looking eCard may contain an invitation to click on a link to supposedly open your card, but is in fact phishing for personal or financial information.

 

MAKING PAYMENTS ONLINE
 Credit card fraud. Protect yourself online from hackers.
Cyber crime is up 20% since 2014 and is the fastest growing economic crime.
Figures from last Christmas show that individuals and businesses reported losing £16,426,989 to online fraudsters.
When purchasing online the following precautions should be taken;

 

• Research the site you’re buying from before purchasing anything.  Customer Reviews if available are also an indication of whether a company is reputable (Unless there are only very few reviews, in which case these too may be fraudulent)
• Don’t make payments on an unsecured Wi-Fi connection or an open server.
• Paying by credit card offers greater protection than with other methods in terms of fraud.
• There should be a padlock symbol in the browser window frame, which appears when you attempt to log in or register. Be sure that the padlock is not on the page itself-this will probably indicate a fraudulent site.
• The web address should begin with ‘https://’. The ‘s’ stands for ‘secure’.
• Some websites will redirect you to a third-party payment service (such as WorldPay). Ensure that these sites are secure before you make your payment.
• Remember, when you’re making a payment online you will be asked for your CVV (3 digit number on the back of your card.)  You will never be asked for your PIN or any internet banking passwords.
• Ensure you have effective and updated antivirus/antispyware software and firewall running before you go online.

Also beware mobile payments-always ensure that you install software app updates as soon as they’re available for your device.  Install anti-virus software on your devices and remember to keep it updated.  Some forms of malware can intercept and steal the payment details you enter into online shopping or banking sites.

 

SOCIAL MEDIA

 

The good news is £345m in online businesses and consumer detriment have been prevented in the past two years’.
Lord Toby Harris, Chair, National Trading Standards, said:

“Scams today can reach more people than ever before as criminals manipulate digital technology and online platforms to access a larger pool of potential victims.
To help tackle counterfeiting on social media, the National Trading Standards eCrime Team is working with partners in the National Markets Group and the Intellectual Property Office on a landmark operation to tackle piracy on social media. This has seen 129 investigations launched, nearly 10,000 images removed from social platforms and 309 warning notices issued.”

 

The trend of criminals selling fake products on social media platforms – where it is easier to conceal their identity and disguise contact details – is expected to grow. This often sees criminals disguising themselves as well-known brands, before luring users to their external sites with low prices.
So this ‘Black Friday’ weekend, remember to be cautious while shopping online-always think twice before making any payments or opening unknown links.

 

Information in this article was obtained from the following websites;

 

*Report carried out by South London Police Force