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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.

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Help for Domestic Abuse – Life in Lockdown

Answers by Sarah Perkins

Sometimes the more difficult something is to talk about, the more important it is that we do. At CJCH, we aim to be as accessible and supportive as we can be, and to assist our clients in their times of need.

Disturbingly, domestic abuse cases have increased over the coronavirus lockdown period, but the team at Women’s Aid said it best when referring to their recent survey  that “Covid-19 does not cause domestic abuse, only abusers are responsible for their actions.”  However, they found that 76.1% of survey takers said they were having to spend more time with their abusers, and a number of those already experiencing abuse reported that the abuse had become worse during this time (via Womanaid.org.uk).

Our head of Family and Matrimonial Law team, Sarah Perkins, recently participated in the Law Society’s twitter forum (Solicitor Chat) on Domestic Abuse. We wanted to share this information with everyone in the hopes that it could help more people. Before we outline the legal aspects to consider we wanted to remind you that if you or someone you know is in danger, or being abused, there are support organisations in place to assist you:

      • Emergency: 999 You are always able to contact the police for assistance
      • Refuge: 0808 2000 247 (The National Abuse helpline)
      • Women’s Aid (online support options)
      • Atal Y Fro: 01446 744755 (immediate help in Wales)

Q1: How can a solicitor help victims of domestic abuse during the Coronavirus pandemic?

Sarah’s Feedback: Although many offices may be closed during this pandemic, we as solicitors are still very much available and working to assist victims of domestic abuse.  We are offering virtual consultations by way of telephone or video calling applications and are contactable by email.  Depending on an individual’s situation, we can make applications to the Court for Non-Molestation Orders and Occupations Orders on an emergency basis.  We are also able to provide contact details for and assist in putting an individual in touch with Domestic Violence Agencies and other vital support services in their local area.

Q2. What are occupation orders and non-molestation orders and how can they help to protect someone suffering from domestic abuse?

Sarah’s Feedback: Both Orders are key in helping to protect victims of domestic violence, including individuals and any relevant children who are considered to be at risk. Relevant children are children under the age of 18 years who live with or are expected to live with either party or who are the subjects of any Family Court Proceedings linked to the application or any other child whose interests the Court deems relevant.

A Non-Molestation Order is a protective order and its aim is to clearly set out what a person must not do to another.  An Order can prohibit a person from using or threatening physical violence and from harassing, pestering or intimidating the Applicant.  Non-Molestation Orders can be very specific and prohibit a person from entering a certain area, for example, the street in which the Applicant lives or their place of work.  It can also specifically set out that a person must not contact the Applicant or encourage anyone else to do so on their behalf, either directly or indirectly via telephone, text message, email and other social media platforms.

The Court must be satisfied that the Applicant and any named relevant children would be at risk if an order were not made and that the health, safety and well-being of the Applicant and any relevant children require the making of an Order.

Non-Molestation Orders are made for a specified period of time, usually 6 months.  An application can be made to the Court towards the end of that term should further protection be required.

An Occupation Order allows the Court to decide who should live, or not live, in the home or any part of it. The Respondent could effectively be required to leave the home because of his/her violence or behaviour towards the Applicant or the effect that his/her presence is having on the children. When deciding whether or not to make an Occupation Order, the Court must consider all the circumstances, including:

      • The housing needs and housing resources of each of the parties and of any relevant child;
      • The financial resources of each of the parties;
      • The likely effect of any Order (or of any decision by the Court not to exercise its powers) on the health, safety or well-being of the parties and of any relevant child;
      • The conduct of the parties in relation to each other, and:
          • Whether the Applicant or any relevant child is likely to suffer significant harm attributable to the conduct of the Respondent, and;
          • Whether the harm likely to be suffered by the Respondent or any relevant child if the provision is included is as great or greater than the harm attributable to the conduct of the Respondent which is likely to be suffered by the Applicant or any relevant child if the provision is not included.

An Occupation Order can also include arrangements for payment of the mortgage and/or utilities relating to the property for a fixed period of time.

Q3: What happens if someone breaks the rules of an injunction or order?

Sarah’s Feedback: Breach of a Non-Molestation Order is a criminal offence and should be reported to the Police immediately.  The person in breach of the Order can be immediately arrested and if found guilty of the offence could face up to five years in prison.  Alternatively, an application could be made to the Family Court that made the order, to have the Respondent for contempt and arrested and / or punished.  If the Respondent is found to have breached the order they may be sent to prison, fined or be given a suspended sentence of imprisonment. The Family Court does not, however, have the range of sentencing powers that criminal courts have.

If a power of arrest has been included in an Occupation Order, Police can arrest.  Otherwise, breach of an Occupation Order is contempt of court and an application should be made to the Family Court that made the order, as set out above.

Q4: What is the application process for an injunction or order and how can a solicitor help?

Sarah’s Feedback: In order to apply for a non-molestation or occupation order you must be associated to the Respondent. You are associated if you and the Respondent:

      • are or were ever married or engaged to be married
      • are or were ever in a civil partnership or had agreed to form a civil partnership
      • are or were living together (this includes same-sex and opposite-sex couples)
      • live or have lived in the same household, for example as a flatshare (but not as a tenant, boarder, lodger or employee)
      • are relatives including parents, children, grandparents, grandchildren, siblings, uncles, aunts, nieces, nephews or first cousins (whether by blood, marriage, civil partnership or cohabitation)
      • have a child together or have or had parental responsibility for the same child
      • are parties to the same family proceedings for the same child
      • are or were in an intimate personal relationship of significant duration

There are two ways of obtaining a Non-Molestation Order, “without notice” and “on notice”.  “Without notice” applications are emergency applications in cases where the risk is imminent or there is a real risk that the Respondent will cause you further harm if he or she were to know that you were applying for an Order.  There is no Court Fee payable on application

A standard application form (FL401) must be completed together with a  witness statement giving details of your relationship, any relevant children, past history of violence and the events which led you to make the application. The statement should also set out what you want the order to do. The documents are filed at Court.  If the application is “without notice” then the first hearing will take place almost immediately without the Respondent’s knowledge and an interim Order can be made with arrangements for a return hearing usually within a week or so.  Both parties attend the return hearing which gives an opportunity for the Court to review the position and ascertain whether or not the Respondent wishes to challenge the Order.  The Order must be personally served upon the Respondent and will only be effective and enforceable once served.  In the event that the Respondent wishes to challenge then the Court will make various directions for further documentation and set the matter down for a Contested Final Hearing at which both parties will be expected to give evidence, following which Final Orders will be made.

If the application is not considered to be an emergency application then the same application form and statement is filed at Court but both parties are informed of the Hearing date and the Respondent is served with the application in advance of the hearing taking place.

Solicitors will be able to provide advice to ensure that you are entitled to make the application, advise upon your prospects of success, that the correct applications are being made following the correct procedures.  We will complete the Application and prepare the witness statement, file the application and Court and represent you at the hearing.  Where necessary, we would arrange service of the Orders.

Q5: What Legal Aid is available for domestic abuse victims?

Sarah’s Feedback: Legal Aid is available for domestic abuse victims however, subject to a means and merits test, criteria set by the legal aid agency.  An individual’s financial circumstances require assessment.

If you need help, or would just like to discuss your options, contact the CJCH Family and Matrimonial Law team, full contact details here.

 

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

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

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

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

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

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

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

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

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

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

CJCH Direct contact numbers:

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

CJCH Department direct contact emails:

  1. Residential property, Wills, and Estates: privateclients@cjch.co.uk
  2. Family, Matrimonial, Divorce, and Childcare: family@cjch.co.uk
  3. Mental Health Law, Deprivation of Liberties, and Court of Protection: mentalhealth@cjch.co.uk
  4. Criminal Defence Law: criminal@cjch.co.uk
  5. Commercial Property, Litigation, Employment, and Corporate Law: commercial@cjch.co.uk
  6. General Enquiries: admin@cjch.co.uk

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

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

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

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Purchasing a Property at Auction – The Process Explained

Joanne LerwillPurchasing a property at auction is not something that just exists on ‘Homes under the Hammer’ – it’s an exciting process to buy property! Whether purchasing a buy-to-let or as a project to do-up, it’s important to be aware of the issues that can arise in this process.

Joanne Lerwill, an experienced Licenced Conveyancer at CJCH, discusses five areas of importance when considering purchasing a property at auction.

Know the process for purchasing a property at auction

The process of purchasing a property at auction is different from the usual process of buying a property. It is vital that you do your research beforehand and arrange a viewing to inspect the property.

It is important to understand the difference between the guide and the reserve price. The guide price is the starting price at which the bid will commence. Whereas the reserve price is the minimum figure the buyer will accept. The reserve price is not disclosed to the bidders but is usually 10% higher than the guide price.

If successful in your bid, you are bound by the terms and conditions when the gavel falls! You must sign the contract and pay the deposit on the spot, so make sure your finances are in place.

The main difference from purchasing a property at auction and buying through an agent is timescale. An auction works on a fixed timescale for exchange and completion. It provides speed and certainty for the buyer and seller. Whereas purchasing through an agent has no fixed timescale for exchange or completion.

Understanding the legal pack

A legal pack is the set of documents prepared by the seller’s solicitor/licenced conveyancer. Fortunately, a copy is available in the auction room and will be available to download via the property details page. The pack includes:

  • Official copies of Title held at the Land Registry
  • A local search/any other searches
  • Special conditions of sale
  • Property information form
  • Management information, leases and tenancy agreements if the property is a leasehold

The purchaser should look through the pack and seek advice from a solicitor that specialises in auction properties. Especially important if there is anything onerous in the pack for the buyer.

Key issues that arise when purchasing a property at auction

The most common issue is a short window of time to arrange a survey for your solicitor to check the legal pack. Worryingly, it is easy to get carried away ad go over budget! Make sure all of your financial arrangements are in order. No turning back after the gavel falls!

Top tips for purchasing a property at auction

Imperative you research the property, arrange viewings, ask questions and obtain a copy of the auction particulars.

Just be prepared! Stick to your budget! Check the small print!

Importance of seeking legal advice

Taking a DIY approach might seem attractive to cut costs – but don’t be fooled! Without knowing the process, you could incur costs down the line. A solicitor or licenced conveyancer will use their legal training and study the conditions of the legal pack. Do not take the risk!

How can we help

The CJCH conveyancing team has 35 years’ experience in property matters. Our reasonable fees, friendly service and expert advice gives you peace of mind. So you don’t have to worry. Why not get in touch with a member of our team today?

Get in touch:

Telephone: 0333 231 6405

Email: privateclients@cjch.co.uk

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Tips for First Time Buyers: the Conveyancing Process Explained

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.

  • Step One: your offer is accepted

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.

  • Step Two: apply for a mortgage/funding your purchase

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.

  • Step Three: survey and searches

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.

  • Step Four: exchange of contracts

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.

  • Step Five: completion

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.

  • Stage six: post-completion

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.

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CJCH Solicitors partner named one of Wales’ 30 young lawyers to watch!

The senior partners of CJCH Solicitors are proud to congratulate Amy Roberts-Rees, our firm’s partner in charge of the Mental Health Law and Court of Protection practice, for being named one of the 30 young lawyers to watch in the Wales Online publication.

Amy joined CJCH in 2013 as a partner and has been instrumental in expanding the great work we do in Legal Aid to represent those in need of assistance with Mental Health Law. Amy has also developed and grown our Court of Protection practice, and built a high performing, client-centric department of dedicated specialists.

Congratulations on a well-deserved accolade and recognition of your continuous growth.

Find the full Wales Online feature here.

 

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CJCH History Month: Wales’ oldest law firm, Gaskell and Walker, joins CJCH

By Myles Thomas

As Wales’ oldest law firm, the acquisition of Gaskell & Walker is a matter of pride for those working at CJCH Solicitors. Given the continued growth and success of the tech-centric Consulting side of CJCH’s business, it is also apparent that the firm still holds true to the values and ethos of a community based high street practice.

E.W. Miles Solicitor on record for a probate matter, 1921

The origins of Gaskell and Walker go back to Ebenezer William Miles, who practiced as E W Miles & Co. in Cowbridge. Ebenezer was born on 8th June 1852 to Thomas Miles of Cowbridge, where he was later educated and admitted as a Solicitor in 1878. He practiced alone from 1878 until 1932 and was succeeded by Mr Morgan, who was admitted in 1900 and died in 1934.

At this point, the practice was taken over by Francis (Frank) Gerald Walker who was born in 1881, admitted as a Solicitor in November 1929, and practised in partnership with John Clare Gaskell. At the end of the Second World War, Frank handed the practice on to John Thornley Taylor, who acted as a sole practitioner until he was joined in partnership by Ian Jewell, Ray Nicholson and Anthony.

Following the unfortunate demise of Mr Jewell, Gwyn Davies joined Ray and Anthony in partnership in 1988 and upon Ray’s retirement in 1999 they were joined by Mel Butler. Up until the point where CJCH acquired Gaskell and Walker, astonishingly, that had only been a total of nine partners in over one hundred and thirty years.

John Gaskell record of Admission, 1902

When CJCH took over Gaskell and Walker in late 2014/early 2015, the two firms practiced from their offices in Caroline Street and Park street, respectively. Speaking with current members of CJCH Solicitors in Bridgend (the majority of whom worked for Gaskell and Walker previously) at their relatively new office in Dunraven Place, they indicate the new premises are just one of the many welcome changes they have seen since joining the CJCH family.

Rebecca May, Solicitor at CJCH, originally began her training with Gaskell and Walker under Gwyn Davies, who, despite his retirement remains a mentor to her. Originally, she had trepidations of CJCH’s takeover as she was only four months into her training contract and was worried for her future. Her fears were calmed by Nick Wootton, CJCH’s Chief Financial Officer who informed her she would remain a trainee with the practice. A few years on, Rebecca has flourished with CJCH and says that the takeover benefited her greatly, allowing her more opportunity.

Original Gaskell & Walker letter head on a conveyancing matter, 1946

The rest of the team who also worked for Gaskell and Walker collectively have almost one hundred years of service between them. Nigel Daniel, now Head of Employment at CJCH commented that the team is built on “good old-fashioned loyalty” and they are “incredibly tight-knit”. It is apparent that this is true, with stalwarts Hollie Wood, Louise Watts, Cathy Leyden and a more recent appointment, Caroline Jones regaling and laughing over their experiences in the office together. They insist that they are friends before anything else, there are no secrets between them and they love coming to work every morning.

One of Gaskell and Walker’s main focuses was their client-centric approach, aiming to provide full transparency with ‘friendly, professional and approachable advisers’. Their historic advertisements speak of not being just a ‘faceless law firm’ which they would be proud to see is still apparent today. The Bridgend Office oozes friendliness, charm and personality whilst remaining successful, efficient and professional.

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Misconceptions we hear about Divorce

Much like politics, the topic of divorce is often widely discussed but not always fully understood. As specialists in family law, the CJCH team of expert solicitors are often faced with the many myths and misconceptions surrounding matters of relationship breakdown and divorce. Jodi Winter (Family Law Partner) and Sarah Perkins (Family Law Solicitor) address some of the common issues raised by new clients, who might have benefited from seeking assistance sooner, if they had the correct information.

Jodi Winter: People sometimes assume that what they see on TV or in the news is how things actually work. It is important to note that media representations are often dramatised. For example, there is no such thing as a “quickie” separation or divorce. In non-contentious divorces, the judge’s ruling and the Court process might be concluded quickly, but there is a requirement for specific criteria and processes to be satisfied and completed before it gets to that point. On the other hand, some people assume a divorce will take years and be ridiculously expensive so are put off starting the process. A divorce could be processed in as little as 4 months, but it will often take far longer to negotiate, agree and conclude the financial settlements. You need to consider a divorce from two perspectives, the first being the legal attachment to one another, and the second being the financial attachment.

 

Sarah Perkins: Aside from the timeline, there are other questions raised which can be misunderstood. Who gets the house? Who gets the kids? What if my spouse won’t agree to a divorce? Can’t we just list irreconcilable difference as our reason? The short answer to these questions are that they are case specific. The best way to ensure you have the correct information is to seek advice at the earliest opportunity and give your solicitor all the information they need.  You will then receive expert advice on your own particular circumstances.  The notion of irreconcilable differences (i.e. no-fault) is not currently a part of the law in England and Wales. You would need to show that your relationships have irretrievably broken down, with specific facts of proving such.

 

Jodi Winter: The financial aspects of the matter are what often take the most time to negotiate, which is often why it is best to get advice on a pre-nuptial agreement before you get married. Again, pre-nuptial agreements can be misconstrued but they provide a fair and considered starting point which is often upheld by the court if constructed properly. The same goes for agreeing child contact once the divorce is underway. Address the matter as early as possible and come to an agreement that you are both happy with, otherwise the court will decide for you.

The CJCH Solicitors Family Law team specialise in supporting and navigating the difficult situations that arise at the end of a relationship. You’re not alone, Jodi and Sarah are here for you. For more information and contact, please see here.

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Need to recover debt from an individual or sole trader? New protocol in place from October 2017.

By Nerys Thomas – Solicitor (Head of Litigation and Dispute Resolution)

From 1st October 2017 a new Pre-Action Protocol will be introduced which sets out the steps needed to be taken when looking to pursue a debt claim (The Pre-Action Protocol for Debt Claims). 

All businesses (including public bodies and sole traders) seeking to recover a debt from an individual will need to comply with the Protocol.   

The Protocol will not apply to business-to-business debts unless the Potential Defendant/debtor is a sole trader. 

As is the case with all Protocols, the intention is for the procedure to provide a way of filtering through potential claims, possibly facilitating a resolution where possible, or if the matter could not be resolved the parties will hopefully be in a position where the issues have been narrowed and/or a clearer understanding of the issues in dispute will be known.    

It is the intention that the Protocol will complement any regulatory regime to which the Potential Claimant/creditor is subject and should any conflict arise between the regulatory obligation and the Protocol, the former will take precedence.   

The likely impact upon the Potential Claimant/creditor in complying with the Protocol is the cost of preparing the required correspondence and responding to queries, should any be raised. 

Furthermore, the Protocol specifies deadlines, of mostly 30 days, which become relevant at various stages of the procedure, hindering the Potential Claimant/creditor from being able to issue the claim at their own discretion.

From a Potential Defendant/debtor’s perspective, a Letter of Claim requires a Reply Form being completed and possibly, depending upon the response being given in the Reply Form, a Standard Financial Statement which requests a great deal of personal information surrounding the person’s/sole trader’s finances, something a great deal of people/sole traders are likely to be uncomfortable with due to the imbalance this presents between parties.  

As with all Protocols, unless there is a justified reason for not using it, there may be cost consequences for failing to comply with the process.

Should you have any queries in relation to the above or any other dispute matters, please contact Nerys Thomas and the rest of the Commercial Law team on commercial@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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