Brooks-Partners Blog

BUYING PROPERTY SUBJECT TO A TENANCY (and being pressed to exchange contracts!)

2011-04-21T11:47:00.000+01:00

If you buy property with a tenant or tenants in occupation you will buy it subject to the existing tenancy – not with vacant possession. If you do not wish to take on the existing tenant you will have to ensure that they have been given Notice to Quit (and that this Notice is in the specified legal form).

It is always prudent to wait until a tenant has vacated a property before exchanging contracts. However, if the selling agents or the seller are pushing you for an exchange of contracts you may have to do so before the tenant leaves. In this event you should endeavour to ensure that the purchase contract makes provision for vacant possession on completion.

If the seller has served Notice to Quit on the tenant but they fail to leave on the due date, then the seller will be in breach of contract for failing to give vacant possession on completion. However, he/she might not want to risk such a scenario, and so although the agents or seller might be pushing for an exchange, they would be better waiting for the tenant to move out before exchanging contracts so that they are sure the vacant possession required can be given on completion.

The above situation can and will arise in many cases and it is vital that you obtain the correct legal advice. For more information please contact Simon Brooks on 01276 681217 or e-mail simon.brooks@brooks-partners.co.uk or Salesha Jackson on 01276 681217 or salesha.jackson@brooks-partners.co.uk .

LAW SOCIETY: “WILL WRITERS SHOULD BE QUALIFIED” by Shirah Real

2011-03-31T10:19:00.000+01:00

The Law Society has launched a campaign in an attempt to ensure Will writers undertake examinations and obtain recognised qualifications before being allowed to offer their services to consumers.

The campaign will include lobbying the Lord Chancellor and the Legal Services Board for support in order to warn the public about the potential risks, financial and otherwise, of using unqualified Will writers. The Law Society are also asking for a parliamentary Motion on this issue as well as providing online campaign tools to help solicitors and the public share their concerns with their Member of Parliament.

Linda Lee, the Law Society President, said: ‘The fact that most problems are detected after the individual has died is a strong argument for establishing a robust regulatory framework. Many of those calling themselves Will writers may have purchased a franchise to do so, and are free to prepare Wills without any training or insurance protection. Five years ago, the then government called for voluntary regulation of Will writers, but since then we have only seen more and more consumer detriment as a result of there being no regulation. The system must be changed to protect the public”.

Although many consumers and solicitors alike will agree with this sentiment they may also feel that it is “too little, too late”.

If you have had a Will prepared and would like a free of charge review please contact Shirah Real on 01276 681217 or e-mail: shirah.real@brooks-partners.co.uk or Jackie Stewart at jackie@brooks-partners.co.uk

Are you a Victim of Professional Negligence? by Deborah Prance

2011-03-02T12:55:00.000Z

This area of law covers disputes concerning the work of a professionally qualified person such as a surveyor or valuer, a doctor or surgeon, an accountant, financial adviser, barrister or lawyer, to name but a few examples.

The law of negligence exists to enable people to sue for damages in respect of their losses arising from an error or breach of an individual’s legal duty to take care for whatever reason. Professional people, in undertaking work or providing advice, are expected by law to show the average amount of competence of someone within that profession. If they fall short and this causes a loss to the person for whom they undertook the work, that person is entitled to sue for damages in respect of their loss.

The Civil Procedure Rules incorporate a Pre-action Protocol which needs to be followed in respect of any Professional Negligence Claim (except where it concerns an architect, engineer of quantity surveyor in which case the Pre-action Protocol in relation to Construction and Engineering disputes should be followed). The aim of this, as with all Pre-action Protocols, is to facilitate a settlement of the claim without the need for court proceedings. This provides for a detailed Letter of Claim setting out the facts on which the claim is based, the allegations of negligence and an estimate of the financial loss suffered. The letter requests that the matter is referred to the professional’s insurers. The professional/his insurers will then have three months to investigate the claim and indicate whether liability will be admitted. If liability is not admitted, consideration should be given to alternative dispute resolution.

Deborah Prance, head of our Dispute Resolution Department, has many years’ experience dealing with these matters and is able to provide expert advice in solving Professional Negligence claims. If you consider that you might have a claim against a professional, please contact Deborah Prance.

EMPLOYMENT LAW—YOU NEED TO KEEP UP TO DATE

2011-02-10T16:23:00.000Z

By Kate Middleton, Employment Solicitor

As an employer you need to keep up to date to ensure you are ready for the year ahead. Every new year brings new regulations and legislation that all employers have to be aware of. The six big ones this year are:

1. Abolition of the default retirement age

The DRA of 65 will be completely abolished on 1st October 2011 with transitional arrangements coming into force from 6 April 2011. There will be no such thing as a normal age of retirement after October so your contract may need to be amended.

2. Changes to maternity and paternity leave provisions

In April there will be changes to maternity and paternity leave provisions that will entitle some employees to take up to 6 months leave.

3. Right to request flexible working

The right to request flexible working will be extended to parents of children under the age of 18 on 6 April 2011. It currently applies to parents of children under the age of 17, or 18 if the child is disabled.

4. Equal treatment for agency workers

From 1 October 2011, agency workers will be entitled to equal treatment on basic employment conditions, such as pay and holidays after completing a 12 week qualifying period in any given job..

5. Equality Act 2010

From April 2011 employers will be able to treat individuals with a protected characteristic more favourably during recruitment and promotion processes when faced with two or more candidates of equal merit.

6. Bribery Act 2010: corporate offence introduced

In April 2011, a corporate offence of failing to prevent bribery by people working on behalf of the business will be introduced under the Bribery Act 2010.

Christmas Boxes for Children

2010-12-22T15:20:00.000Z

In the lead up to Christmas our Wills and Probate Solicitor, Shirah Real, asked if anyone would like to take part in providing shoe boxes for children for Christmas, something she has done many times before. Everyone was happy to make donations of one sort or another and Shirah, Carol, Stephanie and Vickie spent a number of very happy lunch hours preparing the boxes and shopping for items to fill them with.

The boxes are labelled for either a boy or girl and an indication of age group and are then distributed by the charity through Europe and Africa, wherever they are most needed.

The members of staff thoroughly enjoyed preparing and filling the boxes, we hope the children they are given to enjoy them as well!

Pre-Nuptial Agreements- a change in the law?

2010-10-29T17:15:00.000+01:00

Much has been made in the press of the long-awaited decision of the Supreme Court in the divorce case of Radmacher v Granatino which was delivered recently. The Supreme Court decided by a majority of 8 – 1 that the Pre-Nuptial Agreement made between a German multi-millionairess and her French husband prior to their marriage in 1998 should be upheld. The Agreement was expressed to be subject to German law but the parties were living in England by the time of their divorce, hence the divorce took place here. The parties separated in 2006. In England, unlike some other European states, only English law is ever applied. A couple lives within the jurisdiction of the English court and the court applies English law; not the law of the country in which the Agreement was made, nor the law of the parties’ nationalities.

It remains the case that Pre-Nuptial Agreements are not automatically binding in law in England and Wales. Such an Agreement is only one factor for the courts to take into account when considering the factors set out in section 25 of the Matrimonial Causes Act 1973 which govern the financial settlement that a court will order. The overall aim is to achieve fairness which, for most parties, means meeting the parties’ “reasonable needs”. If a Pre-Nuptial Agreement is considered fair by a court, given the circumstances of the parties on their divorce, it will be upheld. If it is not, and needs take precedence, then it may still be taken into account in determining the final outcome even if the arrangement is not fully applied.

In this divorce case, it was considered that it was fair to hold the couple to the Agreement even though Mr Granatino had not had independent legal advice, which we would always recommend. The court commented that Mr Granatino was extremely able and his own needs would in large measure be indirectly met from the generous relief given to cater for the needs of his two daughters until the younger reaches the age of 22. Fairness did not entitle him to a portion of his wife's wealth, received from her family independently of the marriage, when he had agreed he should not be so entitled when he married her.

It has to be remembered that this case is far from typical and in many cases, the court would not consider it fair for the parties to be bound by a Pre-Nuptial Agreement, particularly if their circumstances had substantially changed after, say, a long marriage with children. In more typical cases of this type, needs would dictate that one party should receive more generous financial provision than might provided by the Pre-Nuptial Agreement. The Law Commission is currently considering whether to make Pre-Nuptial Agreements automatically binding. The challenge will be to ensure that proper consideration is given to ensuring that less wealthy parties are not adversely affected by any change in the law.

For more information on this subject contact Deborah Prance.

D I Y Divorce - Who needs a solicitor?

2010-10-19T09:55:00.000+01:00

There is a plethora of guidance on the web on how to do your own divorce, including packages which provide the forms for a relatively low fee. The problem with these websites is that they are alright for couples who have had a very short marriage, have had no children and who have no assets. But these couples are in the relative minority. However, even these couples should give consideration, and in may cases seek advice on the impact of divorce on for, example, welfare benefits and immigration.

In most cases, a relationship breakdown can have profound consequences on the financial status of the parties which needs to be considered, preferably before concluding the divorce. By applying for decree absolute prematurely, the petitioner can terminate their entitlement to benefit under their spouse’s pension.

Consideration also needs to be given to what should happen to jointly owned property. It is rarely advantageous for the matrimonial home to continue to be held in joint names after the end of the marriage. Thought should also be given to making another Will.

As well as the above consequences, of which in some cases the parties may be wholly unaware, there are the more obvious issues such as the arrangements for any children including residence and contact. Unfortunately, whilst in many cases the parties are able to resolve these between themselves, in many others professional assistance is required whether from a mediator or a solicitor.

At Brooks & Partners, we have many years experience of dealing with all these issues. Just by taking advantage of our initial half hour free appointment many of them can be highlighted. We recommend that anyone reading this article who may be going through a relationship breakdown of any kind arranges an initial appointment with Deborah Prance by calling 01276 681217 or emailing her at deborah@brooks-partners.co.uk

Lasting Powers of Attorney

2010-10-06T15:48:00.000+01:00

Whilst the press often emphasise the importance of preparing Wills which determine where your assets pass when you die, relatively little is heard about Lasting Powers of Attorney, yet they are just as important as Wills.

Lasting Powers of Attorney enable you to determine who you would like to deal with your property and finances and also your health and welfare issues in the event that you become mentally incompetent or physically unable to manage your own affairs.

Lasting Powers of Attorney (LPA) replaced Enduring Powers of Attorney (EPA) in October 2007. This means that you can no longer create an EPA but people with EPAs prepared prior to October 2007 need not worry as their documents are still legally valid.

Whilst EPAs only give control over finances and property, LPAs go further in allowing your nominated attorney to take responsibility for your health and welfare decisions. Therefore whilst the LPA invites us to consider some uncomfortable choices, it gives us an opportunity to take control of our future in a way that has not been possible before.

If you haven’t prepared either an EPA or an LPA and you become mentally incapable, then your next of kin does not have an automatic right to manage your affairs for you. To be given such a right your next of kin must apply to the Court of Protection to become your “Deputy.” A Deputyship application can be can be a longwinded, costly and stressful process so it is advisable not to wait until you are beginning to lose the ability to manage your affairs before you consider making an LPA.

Do not to leave your affairs to chance – call or e-mail for professional and friendly advice.

Shirah Real

Tel: 01276 681217

Email: Shirah.real@brooks–partners.co.uk

A Glutton for Punishment - The Commando Challenge, Again!

2010-09-21T15:55:00.000+01:00

Some of you may remember that last year our Office Manager, Vickie Lennard, took the plunge and went in for the Commando Challenge which is held on the Royal Marines Endurance Course each year in Lympstone, Devon. This year she is doing it again and as a Princess! Last year the team undertook the challenge as mums and girlfriends of Royal Marines and were therefore dressed accordingly in camouflage. This year it is all about the GIRLS!! Hence the team name of "Primark Princesses" and therefore they will be undertaking the Commando Challenge in dresses and tiaras! The team is made up of Vickie, her niece Bryony (who is 17) and a friend of her son, Corinne who is 21. Vickie says that she needs all the encouragement she can get just to try and keep up with the “youngsters”.

We have seen the photographs taken last year and can’t wait to find out what the team are going to look like at the end of the course this year!!

The Challenge is in aid of The Royal Marines Benevolent Fund and Devon Air Ambulance - both very worthwhile charities - so, if you are able to donate please visit:

http://www.justgiving.com/Primark-Princesses

RECESSION BLAMED AS WORK TRIBUNAL CASES SOAR BY 50%

2010-09-08T11:04:00.002+01:00

by Steve Doughty, Social Affairs Correspondent, Daily Mail.

Employment tribunal cases soared by more than 50 per cent last year as recession-hit workers tried to claw compensation from their bosses!

The industrial courts granted an estimated £1billion in payouts to those who claimed they had been wrongly dismissed or suffered discrimination. In all 236,100 workers brought claims to the tribunals in the financial year that ended in March, up from 151,000 in the previous year and three times the numbers of the late 1990’s.

Some workers claimed they had been wronged in more than one way, meaning the total number of claims reached 392,800. The pressure of compensation claims on tribunals is such that some have adopted an “open all hours” policy, running sessions during evenings and on Saturdays to meet the demand.

Kevin Sadler, chief executive of the Tribunals Service said yesterday that there was a “steeply growing workload” and added “There is no doubt that economic conditions have contributed to an increase in the number of cases received”.

The greatest jump came in claims under European legislation. Number of cases involving the European Working Time Directive – which limits the working week to 48 hours – almost quadrupled in a year from 24,000 to 95,200. The directive, written into British law by Tony Blair’s government in 1998 is already reckoned to be costing the NHS nearly £4billion a year because it restricts the hours of junior doctors. Brussels is currently threatening to end the opt-out system that allows workers in this county the right to choose to work longer.

There were also a growing number of multiple claims in which large numbers of staff took out tribunal actions against a single employer. The collapse of Woolworths brought multiple unfair dismissal claims; the rush of equal pay cases against local councils by groups of workers encouraged by unions has continued; and there have been multiple claims connected to the BA cabin crew dispute.

Numbers of race discrimination claims have gone up by nearly 40 per cent in two years to reach 5,700 last year. There were also big increases in claims over alleged discrimination on grounds of disability, religion, sexual orientation and age. Some claimants left their tribunal with compensation awards on the scale of a lottery win. The biggest payout was £729,347 in a disability discrimination case.

For sex discrimination to the top awarded was £442,366 and the most successful race discrimination claimant won £374,922. Amounts handed out to those who showed they had suffered poor treatment because of their age were lower with the biggest award being £48,710. More than four out of ten cases settled last year ended with compensation awards, either ordered by tribunals or negotiated by the conciliation service ACAS. The average payment was more than £9,000 in unfair dismissal cases and over £50,000 for those who suffered disability discrimination.

There are no records of what happened in the third of cases that were withdrawn before they came to a tribunal. In many of these employers will have settled out of court.

MAD MOPED MARATHON FOR HELP FOR HEROES

2010-09-08T10:46:00.000+01:00

Two young men recently decided to do something a little strange for their summer holiday this year. Instead of going off on their big motorbikes and touring the country (or even the continent) they have decided to try to complete a charity marathon for Help for Heroes.

Brooks & Partners are very pleased to have given sponsorship to Lorry Lennard (who is the son of our office manager) and Tom Linsell who are setting off on the 21st August to travel from Lands End to John ‘O Groates by means of “moped power”, but with a difference. The distance involved is 874 miles and in this day and age it is easy to cover this by car or large capacity bike, therefore they set themselves a “top gear” type challenge and introduced rules and criteria to make it more interesting and a lot more difficult.

One of Lorry and Tom’s best friends is a Royal Marine as is Lorry’s younger brother (who worked at Brooks & Partners for three years) and both lads are keen to do their bit to help British Forces. When asked why they were undertaking this incredible journey Tom said “If someone risked their life to save your way of life or even your life itself you would be very grateful. That is exactly what these guys do day in and day out.” Lorry added “The people who will benefit from all the donations that are made have already put their life on the line for all of us and continue to do so; we just want to do something to help”.

If you are able to give a donation please go to: http://www.justgiving.co.uk/mopedmarathon and keep up to date on their progress via http://blog.madmopedmarathon.co.uk

MAD MOPED MARATHON FOR HELP FOR HEROES

2010-08-20T14:51:00.002+01:00

Brooks & Partners are very pleased to have given sponsorship to Lorry Lennard (the son of our office manager) and Tom Linsell who are setting off on the 21st August to travel from Lands End to John ‘O Groates by means of motorcycle, but with a difference. The distance involved is 874 miles and in this day and age it is easy to cover this by car or large capacity bike, therefore they set themselves a “top gear” type challenge and introduced rules and criteria to make it more interesting and a lot more difficult.

One of Lorry and Tom’s best friends is a Royal Marine as is Lorry’s younger brother (who worked at Brooks & Partners for three years) and both lads are keen to do their bit to help British Forces. When asked why they were undertaking this incredible journey Tom said “If someone risked their life to save your way of life or even your life itself you would be very grateful. That is exactly what these guys do day in and day out.” Lorry added “The people who will benefit from all the donations that are made have already put their life on the line for all of us and continue to do so; we just want to do something to help”.

If you are able to give a donation please go to: http://www.justgiving.co.uk/mopedmarathon and keep up to date on their progress via http://blog.madmopedmarathon.co.uk

Husband to pay wife lump sum 29 years ‘after’ divorce

2010-08-11T17:12:00.000+01:00

For those who enjoy the blessing of a happy second marriage, there may still be ongoing financial obligations to their first wife (or indeed husband) which, by virtue of the second marriage are not necessarily terminable. Commonly, it is the husband who is accountable to his ex wife for indefinite periodical payments. Whether one considers this fair or not, it becomes problematic if the husband decides to re-marry. His new family will naturally bring fresh financial demands and consequently, he will often apply to the court for an order to vary the periodical payments to his first wife under the Matrimonial Causes Act (1973). The question is whether the ‘second wife impact’ should influence the judge regarding either the termination of periodical payments to the first wife or substitute the payments with a capital lump sum?

The recent case of Vaughan v Vaughan (2010) brought this issue to light. Mr Vaughan QC and his first wife, Mrs Vaughan, separated in 1981 after 13 years of marriage and subsequently divorced. Since the separation Mr Vaughan paid Mrs Vaughan £636,325 in maintenance payments (£12,000 per year) from 1981 to 1991. Thereafter, he paid her £27,175 per annum to include a periodical payment order made in 1989 of £15,175. The couple had no children.

Mr Vaughan remarried, has two grown up children and lives in a £4.3million property in London with his second wife. Mrs Vaughan lives in a £1million townhouse in London and has no children.

In 2009, Mr Vaughan applied to court to terminate the periodical payments order made in 1989. Mrs Vaughan cross-applied for a capitalised lump sum payment of £560,000 but then dropped her demand to £341,000. Mr Vaughan won and the periodical payments order was terminated.

Mrs Vaughan then appealed and Mr Vaughan, who is worth approximately £5million, was ordered by the Court of Appeal to pay her a lump sum of £215,000 in lieu of periodical payments together with her £400,000 legal bill. It was held the previous court was “plainly wrong” in concluding that Mrs Vaughan could adjust without ‘undue hardship’ following the discontinuation of Mr Vaughan’s periodical payments.

The case of Vaughan unequivocally illustrates that court orders and indeed first wives, cannot be swept aside on a whim. For more information please contact Kate Brooks.

Shirah Real raising money for Christopher's Smile

2010-07-27T15:44:00.000+01:00

Shirah Real, Brooks & Partners Private Client Solicitor, undertook a Charity walk last weekend in aid of Christopher’s Smile. Shirah had to walk 11 miles along a coastal path and said that it was a great experience (if slightly exhausting) with wonderful views as well as an opportunity to make new friends!

Shirah e-mailed everyone at the firm “Thank you very much for your generosity to Christopher’s Smile – it is really appreciated. When I told them about the support from Brooks and Partners they were blown away!”

Christopher’s Smile was set up in October 2008 by Karen and Kevin Capel following the tragic death of their only son Christopher from medulloblastoma, an aggressive childhood brain tumour. Supporting UK research centres such as the Institute of Cancer Research, Christopher’s Smile aims to raise money to fund development of new drugs to treat medulloblastoma and other childhood cancers without devastating side effects. These drugs will provide an effective cure for all and save the lives of the 25% of children who currently do not survive their disease.

Brooks & Partners also work with the Institute of Cancer Research providing a free Wills service to the over 50’s where a donation is left to the discretion of the person preparing the Will.

Well done Shirah!!

Staff Update

2010-07-12T12:37:00.000+01:00

Nikki Miller, who has been working in the Litigation and Matrimonial Department covering maternity leave has now moved to our busy Private Client Department to assist Shirah Real. Up to now Shirah has been working closely with Trainee Solicitor Kate Brooks and PA Jackie Stewart in the Frimley office and has been supported by Mandy Gunner in the Farnham office, Nikki will now strengthen the team and assist at both offices.

Meanwhile the Litigation, Matrimonial and Employment Department benefit from the addition of Stephanie Stevenson who is an experienced PA/Secretary in this field. The Department will also be very pleased to welcome Andrea Tucker back from Maternity leave who will rejoin them in September on a part time basis.

A Cautionary tale to unmarried couples who live together but have not clarified the legal interest… beware! by Helen Habershon

2010-07-08T14:37:00.000+01:00

You may have seen reports recently of the case of Kernott v Jones in which a woman was ordered by the Court of Appeal to pay her former partner, who left her 17 years before, half the value of their house! This is because they had bought the house together and had not discussed whether there should be any adjustment in their shares where one of them was remaining in the property after their separation and paying the mortgage in its entirety. The court therefore ordered that they had continued to hold it in equal shares.

This does not seem very fair does it? But who said anything about fairness? What the court considered here was the long established principle in trust law that a property is presumed to be owned equally by the parties where there is no Declaration of Trust stating anything to the contrary and no evidence of any intention to vary that equal ownership subsequently.

It is important, when couples live together in property owned by one party, or both parties jointly, that they record how they intend to hold the property legally and in what shares. This is particularly important where one person has, for example, paid the deposit or contributed entirely to the mortgage repayments.

In this case, Miss Jones contributed the £6,000 deposit when the property was purchased in 1985 and in essence paid for the mortgage for 17 years after it had ended in 1993, with no contribution from Mr Kernott. Furthermore, Mr Kernott had subsequently purchased a new property so that his housing needs were met. Miss Jones was not entitled to a share of his new house, as it was purchased after they separated. However, he was entitled to a share worth £109,000 of the property they jointly owned. Miss Jones will probably have to sell her house in order to pay Mr Kernott his share. This situation would have had an entirely different outcome either if the parties were married, or had legally recorded how the property should be held at the time of purchase and following their separation, in circumstances where the property was not going to be immediately sold. A cohabitation or separation agreement is strongly recommended to avoid such claims.

For further information and advice, contact Helen Habershon or Deborah Prance in our Family Team on 01276 681217 or e-mail:

Helen@brooks-partners.co.uk

What is in store for us next?

2010-06-09T16:00:00.000+01:00

Greece on the verge of Bankruptcy and its people rioting on the streets; the worst ever oil spillage in the Gulf of Mexico possibly leading to death of many seabirds and wildlife (and many polluted Gulf beaches); interruption to the world’s airlines as the result of an “ash cloud” leading to massive disruption to people’s lives and businesses; stock market crashes around the world.

With all of the above (and more) going on since the last edition of the Brief we might all ask “what is in store for us next” as well as wondering what we can do to make it better. Sadly, I do not have an answer and am yet to meet anyone who does!

So, I thought it would be worth reproducing the following:-

“It’s times like the ones you’re facing today that force us to try harder and dig deeper. Times like these move us to find the greatness we each have inside, and in doing so, rediscover the greatness that defines us as a nation.”

The above was a message recently given by President Barack Obama in the USA and perhaps we could do worse than take this message on board!

Special Offer

2010-06-03T08:16:00.003+01:00

Life and Death? It happens to us all

2010-05-05T13:05:00.000+01:00

Death comes to us all eventually and when it does there is always more than just the personal loss to deal with. Recently a member of staff lost her mother and ended up with a close up personal experience of the way Banks work.

As an experienced member of staff (and aware her mother’s estate was neither large nor complicated) she was able to deal with things but wanted (as a non Lawyer) to have firsthand experience from a layman’s perspective and so went into the local branch to report her mother’s death.

The advisor she spoke to said that she had to call their bereavement services department and the lady at the other end of the phone wanted to speak directly to our employee. She wasn’t interested in the needs of our staff member, or that she had suffered bereavement, but only really in selling their services. She proceeded to ask about the mother’s assets and said a Grant of Probate would be required (which is correct). However she then went into a fairly hard sell on using a company called ITC. Apart from saying how difficult it would be to deal with things personally she was told that ITC would visit her at home and their charges would be 1% of the estate’s value whereas a solicitor would charge between 4 and 6% of the estate as well as charging a fee of something in the region of £250 +VAT per hour. The lady was very persistent and, had she not known any better, our staff member may well have believed everything she was being told.

Unfortunately, having declined their services, she had to battle to get any information from the Bank for probate purposes after this and it even took them six to eight weeks to provide the probate valuations and just as long again to settle the funeral account (both were only dealt with after an official complaint had been filed). Was this the price for not instructing the bank? Possibly, but as they take just as long to provide the information when we write in a professional capacity, probably not. We have even had reason to complain to this particular bank on a professional level when, for the fifth time of asking, they failed to close an account and provide the funds to us for inclusion in the estate. They eventually apologised but, frankly, in the case of a bereaved individual we really do not think this is good enough.

Do not think you are being mercenary by asking both your Solicitor and your bank for a quote to deal with probate for you and do bear in mind that your Solicitor is the trained professional! Very often a Solicitor will be happy to help you with only parts of the process if that is what you require. Interesting!

Alternatives to Bankruptcy

2010-05-05T13:03:00.000+01:00

We have recently posted an item on our BLOG advising about alternatives to Bankruptcy and that Brooks & Partners work with a prominent Debt Management Company in this respect. That same company are able to help with obtaining what may be a substantial refund of premiums on Payment Protection Insurance (PPI) in the event this has been mis sold! Over the years PPI has been added to many Loan and Credit Card Agreements but incorrectly and there has been huge success in reclaiming in excess of £400,000 over the past 6 months for the debt management company clients. This has provided a welcome and unexpected wind fall for many of their clients.

A report carried out by the Citizens Advice Bureau has revealed that this kind of insurance can add 20% or more to the total amount to be repaid on a Credit Agreement.

With the mis selling practice wide spread isn’t it time you took a look at your Credit Card or Loan Agreements. You could be in line for a refund of premiums even if the Loan or Credit Card has been repaid in full within the last six years.

For further information and a review please contact Vickie Lennard or Michael Brooks on 01276 681217 or by e-mail: vickie@brooks-partners.co.uk or Michael@brooks-partners.co.uk

Sport Relief? No just relief it was all over!

2010-05-05T13:01:00.001+01:00

On 21st March, in aid of Sport Relief 2010, the “Brooks Babes” consisting of Shirah Real, Kate Brooks & Nikki Miller set out on a 6 mile journey, and when we say journey, we mean run!

The weather was uncharacteristically kind and turned out to be one of the warmest days of the year so far, which managed to cause a certain amount of “distress” during the third mile but, no doubt, was an enormous improvement on the hail that accompanied Race for Life 2009!

The girls all said how much they enjoyed the morning and that there was a wonderful atmosphere amongst all those taking part. One of our young ladies (being just a little competitive by nature) managed to clear the course in 45 minutes (well done Kate) with Nikki and Shirah coming in not long after at 50 and 57 minutes.

Given that between the three of them, there was a hamstring injury, sore calf muscles and an undiagnosed strain on the knee (all this before the race) the morning was a great success and the “Brooks Babes” thoroughly enjoyed taking part. Most importantly they raised £300 for Sport Relief, congratulations girls and well done!

Enhanced Consumer Protection on New Homes Purchases by Simon Brooks

2010-04-14T09:46:00.002+01:00

As from the 1st April 2010, a new consumer code was introduced which enhances consumer protection for those buying new properties from house builders.

Previously, buyers were somewhat at the mercy of developers in regard to the terms of the contract, the reservation fee payable and most importantly, when the new building would be complete and the contract completed. Some of the protective measures in the scheme include entitlement to an agreement which will set out the full terms of the transaction to include an ability to have the reservation fee refundable, reliable information and a realistic estimation of the completion date and in some cases, a fixed completion date as opposed to the rather frustrating ability of the builder to string out the construction and therefore the completion of the property.

Builders are also required to put in place a clear complaints handling procedure and if the buyer is not satisfied with any response to a complaint, the Home Warranty Body will intervene and decide whether the buyer has further cause for complaint to the Independent Dispute Resolution Scheme. In some cases, the builder will be required to remedy the defect and to compensate the buyer up to £15,000.00.

We feel this is a very positive step in what can sometimes be a rather uncertain process of buying a new build property and we are sure buyers can only benefit from this change in legislation.

Brooks Babes complete run for Sport Relief!

2010-04-01T15:34:00.003+01:00

On 21st March, in aid of Sport Relief 2010 and under the name of The Brooks Babes, Shirah Real, Kate Brooks & Nikki Miller set out on a 6 mile journey, and when we say journey, we mean run!

The weather was uncharacteristically kind and it turned out to be one of the warmest days of the year so far, which certainly caused some difficulties at the 3 mile marker, but certainly beat the hail that accompanied Race for Life 2009!

The "babes" said that the morning was very pleasant with an excellent atmosphere and one of them (with a well developed competitive streak) managed to clear the course in 45 minutes. The other two girls came in not long after at 50 and 57 minutes and we are, quite rightly, proud of them.

Given that, between the three of them, there was a hamstring injury, sore calf muscles and an undiagnosed strain on the knee (before the race started) the morning was a big success and the "babes" felt that taking part was thoroughly worthwhile and enjoyable. Congratulations to Shirah, Kate and Nikki for raising £300 for Sport Relief (and making it into the office the following day!).

This blog has moved

2010-03-09T17:09:00.001Z

This blog is now located at http://brookspartners.blogspot.com/.
You will be automatically redirected in 30 seconds, or you may click here.

For feed subscribers, please update your feed subscriptions to
http://brookspartners.blogspot.com/feeds/posts/default.

Brooks Babes Sport Relief Mile

2010-03-09T17:03:00.004Z

At Brooks and Partners there are some that are rising to the challenge to raise money for Sport Relief!

Nikki Miller, Shirah Real and Kate Brooks are taking part in the Sainsbury’s Sport Relief Mile in Guildford on Sunday 21st March 2010. They jokingly called themselves the "Brooks Babes" and we decided that this should be used! The girls will be running 6 miles!

If you are able to sponsor them by making a secure donation online - just click on the link below. All the money they raise goes to help people living really tough lives in the UK and across the world's poorest countries.

http://www.mysportrelief.com/TeamPage.aspx?teamID=45455&LangPref=en-CA

Thank you so much for all your support.

‘Fit Notes’ To Replace ‘Sick Notes’ From 6th April

2010-03-03T15:41:00.003Z

by June Hood

The Department for Work and Pensions has published its consultation response on ‘fit notes’ which are intended to be introduced on 6th April and save the taxpayer £240 million over 10 years.

The fit note will list common changes that employers could make to the working environment to facilitate an employee’s return and GP’s will be able to make their own alternative suggestions on the form.

The fit note enables a GP to advise an employee “you may be fit for work taking account of the following advice”. However, it will be the responsibility of employer and employee as to whether changes can be made to safely enable the employee’s return to work.

Fit notes will also only last for an initial maximum period of 3 months and not 6 months as previously and the Government aims to produce further guidance for healthcare professionals, individuals and employers prior to implementation of the new rules.

According to Lord McKenzie, Secretary of State for the DWP “The fit note will reduce the costs that employers often have to bear when people are off sick for a long time. We know work is good for people’s health. With the right support in place, employers and doctors can work with employees to help them get back to work sooner.”

For further information please contact June Hood on 01276 681217 or e-mail: june.hood@brooks-partners.co.uk

Metro Sports for the Visually Impaired

2010-02-25T09:45:00.000Z

Brooks & Partners are very pleased to once again be supporting Metro, the sports and social club for the Visually Impaired that enables many students to participate in sports and provide a new dimension to their lives. Brooks have made donations to the charity for a number of years now helping to provide a better quality of life and an exciting interest that the visually impaired may not be able to gain otherwise.

In a few cases the participation in local clubs has resulted in a few members representing Great Britain at the Paralympics games. The team had great success at the Beijing games and we need to encourage youngsters to take an active part in sport and carry on that success – just one of the reasons we are proud to be associated with Metro.

Wine Tasting Event with Phyllis Tuckwell Hospice

2010-02-17T12:54:00.005Z

When Michael Brooks was approached by Andrew Cox of Phyllis Tuckwell Hospice and asked if Brooks & Partners would sponsor an event he was delighted to do so, the culmination of this being a Wine Tasting evening at the Frimley Hall Hotel.

Guests were provided with champagne cocktails and canapés followed by a brief talk on New Zealand and Chilean wines by Andrew’s twin brothers. Everyone was then treated to a taste of no less than ten wines, five from each country and asked to provide scores. Although the Chilean wines won overall there was genuinely only half a point in it!

An excellent event enjoyed by everyone and over £1,500 raised for the Hospice!

Now is a good time to make a Will

2010-02-09T11:14:00.003Z

It is estimated that about 60% of people in the UK do not have a will. None of us want to think about death, but if you die without a will your loved-ones may not inherit your assets or be able to use them in the way you would want them to.

How to write a will

· You can go to a solicitor, use a will writer or even buy a do-it-yourself will kit. But if the will is not drawn up correctly it can lead to complications and even mean that the will is null and void.
· If you are co-habiting, have a young or a complicated family situation or if you want to make provisions for a dependant, it's a good idea to use a solicitor who will be regulated by the Law Society.
· Will writers tend to be cheaper but the industry isn't regulated by the Law Society and may not necessarily be fully trained or insured.

Information to prepare in order to make a will

· A list of everything you own, including property, savings, cars, jewellery, home contents, bank or building society accounts, any shares and insurance policies.
· A list of all you owe - mortgages, hire purchase agreements, loans or credit. Take these lists with you when you see a solicitor or will writer.
· Make a note of people or organisations who you want to benefit from your will.
· Decide who your executors will be - those responsible for sorting out the estate and carrying out your wishes. You can also appoint guardians for any children under 18.

The most important thing is that you do make a will. Many people think they do not have enough assets to warrant making a will but this is never the case, a will is about what you want to happen to any property you have and also about your wishes for your funeral and burial or cremation so that your relatives are aware of what you want at a time that is difficult enough for them.

Lasting Powers of Attorney

2010-02-02T15:56:00.003Z

Shirah Real comments on LPA's

A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone now (an Attorney) that you trust to make decisions on your behalf about your property and financial affairs or health and welfare at a time in the future when you no longer wish to make those decisions or perhaps lack the mental capacity to do so yourself.

An LPA is a very powerful document, so when choosing your Attorney or Attorneys you need to be completely confident that you have picked the right person to carry out the tasks involved. Bear in mind that if you do not have the mental capacity, you may not be able to monitor what they are doing on your behalf but if you have any doubts in this respect you can always appoint a legal professional to be your Attorney if you so wish.

It is important to remember that an LPA can only be used after it is registered with the Office of the Public Guardian and, on occasions, this may take some time.

Anyone aged 18 or over, providing they have the mental capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. Unlike the old Enduring Power of Attorney you cannot make an LPA jointly with another person; each person must make his or her own LPA.

An LPA is a very important document and you may want to seek advice before making a final decision in regard to preparing one and appointing Attorneys. Although there is always a choice as to whether to seek independent legal advice or not this is a document that provides wide and powerful rights and we would suggest this should not be taken lightly.

Government figures show that only 135,000 people registered a Lasting Power of Attorney in the last two years in England and Wales and, as recently demonstrated by an item on BBC 1’s One Show recently, not having a Lasting Power of Attorney can not only be a very expensive exercise but also a terrible emotional burden for your loved ones.

Haiti Disaster Donation

2010-01-22T15:09:00.002Z

For the past few years Brooks & Partners have sent Christmas and new year greetings via e-mail and have therefore been able to chose a charity to support through a donation. This year, with the dreadful news from Haiti it was decided to not only make a donation of the money not spent on Christmas cards, postage etc, but to add additional funds and to make the donation through Save the Children Fund. Head of Brooks & Partners in Frimley, Surrey, Michael Brooks now has four children and seven grandchildren and therefore a children’s charity was an obvious choice.

Many firms and individuals have suffered as a result of global recession but none have suffered as much as the children of Haiti. The thoughts of all the staff at Brooks & Partners are with them.

Is Bankruptcy an Option?

2010-01-20T11:27:00.005Z

With experts predicting a rise in bankruptcies during 2010 we take a look at whether this is an option worth considering.

Recent research by the Samaritans showed that almost half the population were concerned about money or debt throughout 2009. With personal debt now standing at a staggering £1.456bn the news really comes with little surprise.

Experts firmly believe that the next 18 months will see a steady increase in the number of personal and business bankruptcies, so is it really an option worth considering? Certainly the stigma that was attached to bankruptcy for many years appears to be lifting. Bankruptcy today has become a logical, legal and beneficial tool for many people to use to remedy a difficult and problematic bad debt situation. That said, it is not the easy option as there can be some major drawbacks. If you find yourself in dire financial straits however, then maybe bankruptcy is worth considering.

Certainly the need for proper advice is important if you are considering bankruptcy as there may be alternatives open to you. Brooks & Partners are able to advise and assist in these respects and work with a prominent debt management company whose consultants are available to discuss bankruptcy and other options with you. If this is relevant to you and/or you wish to obtain further information please contact Vickie Lennard or Michael Brooks on 01276 681219 or by e-mail: vickie.lennard@brooks-partners.co.uk or michael@brooks-partners.co.uk

Not Enough Properties for Sale!

2009-12-01T10:07:00.002Z

According to the Royal Institution of Chartered Surveyors there are not enough properties on the market for sale! Although it is different in some areas of the country, prices have been best so far in the South of England and the Survey shows that quality properties were now receiving competitive bids.

It is the first time since May 2007 that surveyors have reported property price increases rather than price falls and, predictably, London and the South-East of England are showing the largest increase although the Poll still shows price falls in Wales, as well as Yorkshire and Humberside.

Although enquiries from new buyers increased in September compared with August the level of new instructions from sellers decreased. Despite the problems first-time buyers continue to encounter in securing finance, the level of enquiries from potential purchasers is gradually rising. This imbalance between demand and supply may mean that house prices will increase rapidly in the short term which may not necessarily be good for the markets or the economy.

This latest Report supports a widespread opinion in the industry that house prices have been creeping up since the spring because relatively few people have been putting properties on the market.

· Halifax says house prices have risen by nearly 6% since April, adding £9,000 to the average price.
· Nationwide says prices have now risen for five months in a row, and are back to where they were a year ago.
· Sales show a modest improvement and are up on the same period last year.

So, the question is, have we yet turned the corner on the deepest recession since the 1930’s?

For advice on residential property matters contact Simon Brooks.

Workers Can Defer Sick Leave If Ill on Holiday

2009-11-25T10:11:00.004Z

In a judgement that will be of concern to many employers, the European Court of Justice has decided that those employees who become ill whilst taking their holiday entitlement under the Working Time Directive will be entitled to instead treat that holiday entitlement as sick leave and defer such holiday entitlement to a later date.

The ruling technically only applies to employees in the public sector at present although private sector employees will benefit in the same way if the UK Working Time Regulations are amended to comply with this latest European ruling as anticipated.

We can only watch and wait but the implications for employers could be serious.

‘Brooks’ Success for Cancer Research!

2009-11-05T10:05:00.002Z

The three members of staff taking part in the 10k on Sunday 25th October managed to complete it in good times with Kate achieving her best ever time for this distance. Although all share the surname Brooks, only Kate and Simon are related to Principal Michael Brooks! The event organisers must have been left wondering at the size of the Brooks family when Michael’s other son Dominic and his wife Susy also took part in the event.

Both Kate and Robyn returned to work on Monday morning very happy and satisfied even if they were a little stiff and suffering from the odd blister! Simon took the day off believing that a rest day might be needed – needless to say he was back the following day and happy with his efforts.

All of the “Brooks” runners would like to thank Michael Brooks for his generous donation to each of them as well as their other sponsors who have made a considerable contribution to Cancer Research UK.

Kate has now raised the bar and is looking to run a half marathon next year, we are waiting to hear if Simon and Robyn will follow suit!

Commando Challenge - or just wet, cold and muddy!

2009-10-29T17:04:00.002Z

A previous BLOG on this subject told of Vickie Lennard, our Office Manager, raising funds for Devon Air Ambulance and The Royal British Legion by undertaking the Commando Challenge with a team made up of Mum’s and Girlfriends of Royal Marine Recruits.

From the pictures shown you can see that it was not a soft option and Vickie and her team completed the 3 mile course (with three tunnels, two rivers a sheep dip and bog) in just over an hour. Vickie would like to thank Michael Brooks for a very generous donation and all those who sponsored her and the team – the final count is over £700.00 which is a sterling effort!

Having seen the photographs a colleague has suggested that next year we make up a team from Brooks & Partners, now that will be a whole new challenge!

Suddenly there are not enough properties for sale!

2009-10-14T10:12:00.001+01:00

Suddenly there are not enough properties on the market, according to the Royal Institution of Chartered Surveyors, although it is different in certain areas of the country. Prices have been best so far in the south of England and the Survey showed that quality properties were now receiving competitive bids.

It is the first time since May 2007 that surveyors have reported property price increases rather than price falls and, predictably, London and the south-east of England are showing the largest increase although the Poll still shows price falls in Wales, as well as Yorkshire and Humberside.

Although enquiries from new buyers increased in September compared with August the level of new instructions from sellers decreased. Despite the problems first-time buyers continue to encounter in securing finance, the level of enquiries from potential purchasers is gradually rising. This imbalance between demand and supply may mean that house prices will increase rapidly in the short term which may not necessarily be good for the markets or the economy.

This latest Report supports a widespread opinion in the industry that house prices have been creeping up since the spring because relatively few people have been putting properties on the market.

· Halifax says house prices have risen by nearly 6% since April, adding £9,000 to the average price.
· Nationwide says prices have now risen for five months in a row, and are back to where they were a year ago.
· Sales show a modest improvement and are up on the same period last year.

So, the question is, have we yet turned the corner on the deepest recession since the 1930’s? Let’s hope so.

If you have any questions on the above please call 01276 681217 and ask for Simon Brooks.

Commando Challenge - or just wet, cold and muddy!

2009-10-01T14:41:00.003+01:00

The firm’s office manager, Vickie Lennard, will be risking life and limb during October to take part in the Commando Challenge held in Lympstone, Devon in Aid of Devon Air Ambulance and the Royal British Legion.

Vickie’s son Alex worked with Brooks & Partners for 18 months whilst improving his fitness and attending college to enable him to apply for the Royal Marine Commando’s and he is currently training in Lympstone. This prompted Vickie to work on her fitness and to join up with another recruit mum and two recruit girlfriends to take part in the Challenge.

Vickie explained that she and the other members of the team felt it was right to try and help institutions that are always called upon to help both recruits and the forces in general, “It’s good to be able to put a little thank you back in!”.

Vickie has said that she is very grateful for the support she has received from work colleagues and the firm and will make sure photograph’s are taken of the Challenge itself which takes place over the actual endurance course undertaken by the Royal Marine Recruits, mud, water, stones and all – of course she is looking forward to it!

If you would like to make a donation to Vickie’s sponsorship please visit:
http://www.justgiving.com/Vickie-Slightly-Panicing

10k for Cancer Research UK

2009-09-11T11:16:00.001+01:00

Three members of staff are taking part in the 10k run for Cancer Research UK this coming October and hope to raise in excess of £500.00.

From left to right pictured above are Kate, Simon and Robyn who are all keen to keep fit (although Kate admits that running has not been top of her agenda through the summer) and all three are now working hard to ensure they are fit for the challenge.

Brooks & Partners have had a long relationship with Cancer Research UK and take an active part in the Free Will scheme that they offer. They are an important institution leading the way in research and have saved countless lives in early detection and improved treatments.
If you are able to spare a little please do sponsor one or all of them!

http://www.run10ksponsorme.org/kateb
http://www.run10ksponsorme.org/robynbrooks
http://www.run10ksponsorme.org/simonbrooks3

We wish them all good luck and good weather!

Read the Small Print - Unauthorised Interview Was Not Gross Misconduct

2009-09-08T10:53:00.001+01:00

A chaplain at one of the Home Office’s immigration detention centres was unfairly dismissed despite giving an unauthorised interview to the media, contrary to the centre’s clear policy.

The Chaplain’s dismissal letter referred to the potential for information to be distributed to unauthorised parties which might, in turn, bring the organisation into disrepute. However, at the hearing it was found that the employer had neither heard, nor read a transcript, of the unauthorised interview!

The Tribunal therefore found that it was impossible for the employer to have formed a view as to the likelihood or seriousness of the potential disrepute.

The dismissal was not, therefore, within the range of reasonable responses open to the employer...... always read the small print!

If you have an employment problem do contact us for assistance.

Beware - Adultery abroad is not necessarily an option!

2009-07-31T14:19:00.006+01:00

Helen Habershon on adultery in Dubai!

A British woman was recently jailed for adultery in Dubai, a month after her husband told police in the emirate that she was having an affair.

Both the woman, and her lover were sentenced to two months in prison in Dubai. The woman’s husband, had attempted to withdraw his complaint about her adultery following her arrest but was told it was too late!

He has visited her in jail and their relationship has remained amicable. The couple were not estranged, neither were divorce proceedings afoot, but clearly the relationship she was having with her lover in Dubai was destroying their marriage.

The woman and her lover were ordered by the court in Dubai to be deported after being freed. As with criminal convictions in England, they will undoubtedly have served much less than the two months for which they were sentenced. Even so, be careful of the pitfuls of entering into relationships abroad where the laws may be different to those here.

Forced to work part-time? It just might be discrimination.

2009-07-21T11:47:00.007+01:00

According to the Office for National Statistics, close to a million people have taken part-time jobs because they cannot find full-time work. The figure is a third higher than a year ago and is the highest since 1992 when they started keeping records.

According to the TUC this represents a huge number of people not showing up in unemployment figures and whilst these workers do at least have a job it fails to demonstrate the severe economic problems many of them are inevitably facing. Many workers have also had to continue in the same job they once held full time although for much lower wages.

Quite a number of firms are asking staff to reduce their hours, and of course salary, as the recession continues. For instance British Airways has asked many of its staff to work part-time or take unpaid leave.

Although things are improving in certain sectors of business and industry there are still many people who have received a raw deal from unscrupulous employers during this recession and who have possibly been discriminated against in one way or another. If you think you are such a person, contact June Hood to see if she can help you.

Pre- nuptial Agreements, are they legal?

2009-07-17T13:47:00.006+01:00

Helen Habershon, Family Law specialists writes....

The heiress, Katrin Racmacher made history recently when a court backed her prenuptial agreement with husband of 10 years, Nicolas Granatino. On 2 July, three judges from the Court of Appeal ruled in a test case that one of Europe’s richest women should not have to pay millions to her former husband because of a contract they signed together before their wedding day.

When the couple separated in 2006, Katrin assumed her husband would stick to the terms of a deal signed before their 1998 marriage, in which they both agreed to waive their rights to claims against each other’s wealth in the case of divorce. Not so, in fact, last year, he won a £5.56 million share of her fortune in the High court in London. Last week, the ruling was overturned and her husband’s share was slashed to £700,000 plus housing and maintenance.

This case has effectively established a change in the law on prenuptial agreements, without the need for parliament to pass legislation. The court of appeal judges on hearing the case said that the courts should now take account of premarital deals on splitting a couples assets.

HIPS Pain

2009-06-15T13:21:00.001+01:00

Michael Brooks has recently read an item written by a partner in a small law practice, this on the subject of HIP pains!

The correspondent intimated that in the week prior to her writing the article, she and her partner had received four HIP packs all of which were incorrect and all of which had one other thing in common – they were all provided by online, low-cost HIP pack providers instructed directly by the Seller Client. We will not go into detail here but please, Clients and others, be warned! It is the Brooks & Partners view that although a HIP pack is of little practical use in selling a property and consumes both time and of course money, if, added to those considerations, the HIP pack is also incorrectly prepared it simply makes things worse.

Brooks & Partners are equipped to organise the preparation of a pack of good quality, inexpensive and which can be prepared very quickly. Any question on this should be directed to Simon Brooks or Vickie Lennard and all Sellers and prospective Sellers are strongly recommended to contact one of them.

CONSUMERS SCEPTICAL ABOUT “TESCO LAW”

2009-06-15T13:19:00.000+01:00

Brooks & Partners have previously questioned why the public would wish to buy legal services “off the shelf” from a supermarket and now a major opinion poll has made interesting reading. The poll indicates that consumers are “sceptical” about banks and supermarkets providing legal services because they have concerns about the quality of work which will be undertaken. A survey of public attitude towards Solicitors, commissioned by the Solicitors Regulation Authority and released very recently, found that 69% of respondents “agree they would be concerned about the quality of service offered by these organisations”. The Report said that “there is an overall view that banks and supermarkets cannot provide the same level of service as a firm of Solicitors”.

Should the above be greeted with surprise – perhaps not, simply put, the Brooks & Partners view is that banks are for banking (although no comment will be made over the recent course of events), supermarkets are for shopping and Solicitors are for legal services!

42% of grandparents lose contact after parental separation

2009-05-19T10:09:00.000+01:00

New research to be published this week by Families Need Fathers, The Grandparents Association and The Family Matters Institute has found that 42% of grandparents lose contact with their grandchildren after parental separation.

These three organisations will set out why they feel grandparents are so important to children and families in the 21st century. Even though grandparents can have extremely close bonds with their grandchildren and will often provide the majority of childcare whilst the children are young, these bonds can be shattered when the parents’ relationship breaks down. A grandparent will not have the automatic right to make an application to the court in the way that a parent can but they can seek permission to make an application, and the court will always put the best interests of the children first if they have to decide whether an order for contact with the child should be made.

Grandparents Association advice line (01279 444964); Grandparents Apart Self Help (0141 882 5658 or 01506 410 554)

Katie & Peter to Split? Or is this just more publicity?

2009-05-15T10:34:00.000+01:00

Katie Price (Jordan) and Peter Andre are said to be separating after three and a half years of marriage. The couple has two children, Junior three and Princess Tiaamii, nearly two. Katie Price also has another son, Harvey six, from her previous relationship with footballer Dwight Yorke. The couple have spent their married life very much in the spotlight having featured in their own fly-on-the-wall TV show following their relationship since 2007. However, they have now said they want the media to respect their privacy in regard to the breakdown of their marriage. It will be interesting to see whether this is a genuine split for the celebrity couple who married in 2005 or just another publicity stunt!

If they are to go down the divorce route, how will their fortune be divided and where and with whom will the children live? They both had successful and lucrative careers and so had substantial financial assets before they met. However, since they married, they have built up assets jointly which they have both contributed to and this will need to be recognised when deciding how to divide the couple’s fortune, while at the same time paying particular regard to the needs and welfare of their children.

Yawning with boredom?

2009-05-11T13:38:00.001+01:00

Currently the BBC news website says...

“UK house prices are continuing to fall sharply, according to the latest survey from the Halifax. The lender, now part of the Lloyds Banking Group, says prices fell by another 1.7% in April, pushing the annual decline from 17.5% to 17.7%. It means that the average UK property is now worth £154,716.00, £33,264.00 less than a year ago. The Halifax warned that house prices would probably continue falling in the coming months.”

Is anyone else just yawning with boredom on the subject? Well I am! I am trying hard not to be too optimistic but, frankly, the housing market is moving, not rapidly or providing so much work we don’t know what to do with ourselves but it is moving. Now we just have to get over the next barrier, no marketing of properties until a full home information pack is provided….thanks Mr Brown.

On The Up! Congratulations to Crookham Rovers

2009-04-21T15:50:00.003+01:00

Congratulations to the Crookham Rovers adults team who we have sponsored for a couple of years now. Not only have they finished as runners up in the Aldershot and District Sunday League (Division one) and are therefore promoted to the Premiership but they are also runners up in the League Cup which was held at Camberley Football Club last weekend.

Crookham Rovers team Captain, Paul Fairbrother, was voted man of the match by the four match officials because of his self discipline, control of the team and his sportsmanship.

Congratulations to all the team and to the manager Nigel Lennard.

So, in this economic downturn, should they make it harder to sell your home…

2009-04-07T15:26:00.003+01:00

This week the new rules have come into force and home owners must have a home information pack (Hip) in place before putting their property on the market. Previously a seller could order a Hip prior to marketing.

The “improved” Hip sets out extra details such as the council tax band, flood risk, structural alterations and parking arrangements and is welcomed by the government claiming this is all important information which should be taken into account before buyers are asked to make an offer. Many critics just claim they were an "expensive waste of time" before the new rules and are now even worse!

If a seller (or estate agent) markets a property without the mandatory Hip they can face fines of at least £200.

Many Solicitors and estate agents are, and will remain, highly critical of the Hips scheme as the information is outdated so quickly and buyers often have to commission new searches which means, in effect, that the cost is doubled. Many also believe the new rules will cause even more problems.

A spokesman for the National Association of Estate Agents (NAEA), claims the Hips scheme has been a costly failure and an unnecessary burden to sellers. "An expensive waste of time which has proved counterproductive at the best of times but, in a housing slump, Hips are downright damaging," adding that according to government figures 77% of home buyers paid no attention to Hips.

Nationwide say house prices are up!

2009-04-02T16:35:00.000+01:00

The building society claims property prices have increased by 0.9% in March compared to February which, they claim, is a “surprise bounce” and should not be confused with saying that the market has turned. Whilst they welcome the price rise they feel it is too soon to confirm the market is once again on its way up and that we have come through the “trough”.

Part of the problem with making predictions on the recovery of the economy is that house prices dropped so sharply last year that monthly fluctuations are bound to happen and whilst house prices might appear to be steadying, the price of flats and apartments is still very up and down.

What is interesting is the Bank of England report that mortgages for house purchases in Britain have risen more in February than was expected and this does suggest that lending is, albeit slowly, once again on the increase.

Even Barclays bank are indicating that the housing market may be stabilising although still predicting it will be six months before the effect will be seen.

For the first three months of 2009 Northern (and Southern) Ireland have experienced the largest annual rate of house price decrease in their recorded history and Scotland had the slowest annual fall in house prices. Wales has seen nearly 20% wiped off its property prices during this period which is far more than other areas of the United Kingdom.

So, having exhausted the facts and figures, we have seen an increase in business over the past month and, very quietly, long may it continue.....

Will the Rent push businesses under?

2009-03-31T15:47:00.006+01:00

Experts have warned that more retail businesses could be under threat as quarterly rent bills fall due.

Retailers who are struggling with falling sales because of the recession are now facing the moment when they will be asked to pay the rent for the next three months' and this could easily push some over the edge and into oblivion. Fears that many businesses could sink without trace has encouraged the British Retail Consortium to call for Landlords to allow rents to be paid on a monthly basis and help relieve the cashflow difficulties that most retailers are facing.

And it is not only the retailers; many other businesses are also suffering cashflow difficulties especially when the quarterly rent bill arrives.

The Retail Consortium believe that following a disappointing Christmas and New Year this quarter's rent payments would prove to be the toughest since the late 1980’s and some landlords have indicated they are prepared to be flexible and are willing to spread payments and renegotiate service charges.

The importance of retailers' ability to pay their rent cannot be underestimated; when photography specialist Jessops announced it would be able to pay its rent the share prices jumped 85%.

Smile! Its only money!

2009-03-24T12:26:00.001Z

London’s top divorce solicitor, Raymond Tooth (sometimes known as Jaws) has a mean reputation for achieving enormous settlements for ex-wives and is constantly being sought out by unhappy ladies. With a credit crunch in progress it might not be the best time (some would say) to be attempting to wrestle those large assets from your husband however, even Mr Tooth seems to have outdone himself as, with the downturn in the economy, he has managed to achieve 105% of the ex-husbands assets for one very happy lady in pink, albeit the original decision by the Court only awarded her 43% last February!

Needless to say the ex-husband (would you believe a fund-manager in the financial sector) has gone to the Court of Appeal claiming it is unfair as the deal was struck last February before the share price of his company plummeted. It will be very dangerous for the Court to alter the capital settlement as it would mean that anyone was able to reopen a settlement – if a husband gambles on the future price of shares whilst giving liquid assets to his ex-wife (because he thinks the shares will be worth more) why should the Court review the settlement when the husband made the wrong choice? There are a few ex-husbands and wives doing sums and awaiting the outcome.....

Although some will be delighted in another financier getting his comeuppance realistically he would have to borrow half a million to make up the outstanding payment – do we feel sorry for him? Probably not but let’s face facts, which bank will he be able to borrow the money from?

Mr Tooth made his name in the 60’s picking up Clients through Tramps and other nightclubs and is now probably the country’s leading authority on obtaining maximum settlements. His Client base is 60% women and 40% men and at 68 must still be enjoying the chase. After all there is great financial reward available when you are pulling in the right settlement.

Although twice divorced Mr Tooth believes it may be wise for the ladies to “hedge their bets” his opinion is that the gentlemen will win with divorce settlements whilst the credit crunch is on. Experts predict the divorce rate will rise as couples split due to pressured finances. Suggestions people will “hedge their bets” appear to be unfounded, our family department is thriving.

Top of the League!

2009-03-19T16:40:00.001Z

Crookham Rovers, sponsored by Brooks & Partners, are now top of the Aldershot and Sunday football league, division one, and intending to stay there. During the season the team have worked incredibly hard to achieve the results they have, weathering the storms of cancelled games (literally) and losing valuable team members to long term injury as well as a couple moving away from the area.

Not only are they top of their league but this week will see them take on local rivals in the semi-final of the league cup and we wish them luck on Sunday in the top of the table clash.

Still Got a Pension? It's good news...

2009-03-17T09:11:00.001Z

Following research by Prudential we are told that more than 2 million people now have to postpone their retirement because of the fall in value of their pension funds. That is, people in the private sector who do not have the benefit of public sector final salary pension scheme (no further comment needed here except perhaps for a sigh).

That having been said many annuity rates have actually achieved more than anticipated in view of the current economy and some pensions are allowing workers to make changes in the pension arrangements so that they still provide very good value.

Many workers had anticipated being able to fund part of their retirement from the interest earned on deposit accounts but, with rates still dropping (now 0.5%), it does not look as it this will be feasible for a little while yet.

If we journey back in time to the last recession there were a couple of pension/insurance companies that went spectacularly to the wall losing millions and leaving many people with no pension at all. Hopefully this indicates that, in reality, many people are better off today in that they still have a pension rather than having nothing at all.

The Housing Market: One Good, One Bad....

2009-03-11T13:27:00.000Z

Bad: Property sales between December and February were at their lowest in the last 31 years.

Good: We have had four consecutive months of rising enquiries from new buyers.

Bad: The National Housing Federation predicts 50% less new homes built in the next year

Good: Prompted by sharp cuts in interest rates buying is becoming more affordable

Bad: Buyers are still in difficulties with lenders demanding high deposits

Good: Family homes remain in high demand

Bad: Difficulties in obtaining mortgages even at the current low interest rates and with a full deposit

Good: Property prices are down

Although things have definitely improved during February nobody involved with the housing market is yet out of the woods. It is time the government stepped in and put funds into new social homes which would assist not only those looking to buy a house but also house builders who are very busy “mothballing” many of their developments.

The government got it wrong when they fiddled about with lowering the VAT rate – now is the time to make a very serious dent in stamp duty, let’s say 0% up to £250,000.00 and 1% between this and £500,000.00. That should help get the market moving again!

Got any equity? Go on – release some and live a bit!

2009-03-09T12:22:00.001Z

Equity release schemes go in and out of fashion and have good and bad reputations depending on markets, availability, eligibility and lenders. So, let’s look at some facts:

· You and your partner continue to live in the property for the rest of your lives;
· You draw a tax-free cash lump sum or take an income;
· The money is borrowed from the equity you have in your property with interest rolling up year on year;
· The debt is cleared either when you go into care or you die;
· Your age, health and the value of your property are taken into consideration;
· Members of the Industry body, Safe Home Income Plan, protect people with a “no negative equity guarantee” meaning you can never owe more than your property is worth.

There is a misconception about the amount people borrow and, in most cases, this is not a high proportion of what they actually can, most only want enough to be comfortable. People can borrow a percentage of the property value and initially only take a small drawdown and take more later on – you only pay interest on the amount you have taken.

The current economic climate can, in some ways, be helpful. Although property prices are not as high as a year ago interest rates are now very low – house prices may fall a bit more over the next year or two but, if you take an equity release now, it is taken at the value of the property today. The equity release package is intended to last for much longer than two years and so the property price is very likely to recover before repayment is required. This should then have the effect of the property achieving a higher sale figure and, hopefully, providing inheritance to dependents. There are even equity release schemes that allow you to earmark a percentage of the property value for inheritance purposes.

Vickie Sturman, who works in our Residential Conveyancing Department, is our expert on this subject and would be happy to advise further on the subject.

It's Still Rock & Roll to me!

2009-02-24T10:00:00.000Z

And so the Government has confirmed that Northern Rock will increase mortgage lending by up to £14 billion over the next two years. Evidently a strategy has been agreed so that £5 billion of new mortgage lending will be available for 2009 and three to nine billion pounds from 2010 on. That is if, of course, there is a market demand for it.

We are told that the new lending will be on good commercial terms to ensure it represents good value for money (for the taxpayer one hopes) and will allow Northern Rock to get back into the mortgage market with a variety of products on offer. We are also told that the mortgage side of the business will be managed separately following restructuring.

The Government has further said that it “wants to see a well functioning mortgage market where lenders lend responsibly and borrowers have access to a wide range of mortgages that they can afford to repay” (don’t we all).

In certain respects, well done to the Government. But does this also mean that we, the taxpayers, as the owners of Northern Rock and therefore the employer, have the right to ensure that there are no contract clauses which will make it necessary to pay out bonuses (huge or otherwise) to anyone unless they really deserve it? Probably not. Who else believes that once this current crisis/recession/dip – call it what you like – is over, the Government and the bankers will just go back to the greedy self serving individuals they were before? It is very often amazing what is NOT learned from hindsight!

Don’t cry over spilt milk…it’s breaking the bottle that becomes expensive!

2009-02-18T10:13:00.001Z

Recently a mother went into one of her local shops with her child who accidentally ran into a display of glass jars knocking over and braking quite a few. The lady in question was asking for advice because the store in question had asked her to pay £90.00 to cover the cost of the damage.

The law is not hard and fast on this and consumers are expected to take reasonable care when shopping, including supervision of any children they have with them. A shop can and probably will ask you to pay for the broken or damaged items however payment of the cost price only should be requested and paid, not the retail price. Very often stores will only request payments if they believe you have been careless or negligent.

On the other hand shops can be guilty of negligence as well, for example, if items are badly stacked, in the wrong position or if a slippery floor has not been correctly cleaned. If any of these have contributed to an accident, you can refuse to pay, or even sue if you're injured.
In practice, the larger shops will probably not ask for reimbursement if it was a genuine mistake, but often smaller ones can’t afford to absorb the loss and will therefore ask for payment. If you are asked to pay, only do so if you think you're responsible and only pay the cost price.

If you refuse to pay, the shop's only recourse is to sue you for the money through the Civil Courts. Remember this is a civil matter, not a criminal one; do not be intimidated by threats to call the police!

Hello Scotland, and Welcome to our World!

2009-02-11T12:42:00.002Z

A recent survey carried out by the BBC has found that, following the introduction of Home Reports on 1st December 2008 the Scottish housing market is suffering reduced activity. The survey was aimed at solicitors throughout Scotland to find out how much the new Home Reports had affected the market. Those of us involved in the industry in England and Wales could have told them the outcome of the introduction of Home Reports long before the actual date and probably could have provided accurate survey responses as well. According to the BBC home owners rushed to put their houses up for sale before the date of the introduction of the compulsory Home Reports and, we are told, few houses have been placed on the market for sale since.

Many of the solicitors consulted by the survey believe the cost of supplying the Home Reports is prohibitive and the scheme should be reviewed. There has, however, been criticism of the survey report by the Royal Institute of Chartered Surveyors who believe Home Reports will benefit the market in the long term. It has also been pointed out that economic factors may be having a negative effect on the housing market as well. They don’t say!
Sorry Scotland but.....welcome to the property market we have been suffering with in England and Wales for quite a while now.

Attic Like Apartment a "Snip" at $53.5 million

2009-02-04T16:17:00.000Z

So, the New York penthouse apartment atop the famed Plaza Hotel is back on the market at an absolute steal at $53.5 million following a private settlement in the case of Vavilov –v- Stribling and El-Ad Properties.

Last year Russian financier Andrei Vavilov paid a deposit of $10.7 on the apartment and then discovered how much he disliked it saying it was "attic-like" with oppressive ceilings and a terrible view of Central Park.

The real estate website StreetEasy.com shows the apartment (made up of two separate penthouses built on top of the Plaza) is still on the market with representatives for developer El-Ad Properties and broker Stribling & Associates “not available for comment”.

Andrei complained the apartment was "attic-like" with small windows, low ceilings, obstructed views and ugly drainage grates and demanded the return of his $10.7 million deposit and $30 million in damages. A counter suit, issued by El-Ad accused him of libel and demanded $36 million in damages.

The Plaza, opened in 1907, has been owned by moguls such as Conrad Hilton and Donald Trump and, following a $400 million renovation, reopened last March as a mixture of hotel rooms and condominiums. The penthouses for sale were advertised as magnificent "one of a kind" properties.

Wish Mr Vavilov was our Client……

Professional Indemnity Insurance

2009-01-29T11:53:00.000Z

With professional indemnity insurance renewal a little way behind us now it does seem correct to stop and take stock. At the time there were many reports in the press, legal magazines and Law Society Gazette confirming the feeling of many firms that it had been a difficult year for the renewal and a great deal of dissatisfaction with the renewal premiums. There is always an opposite position and there were a number of firms who felt that stable rates and sensible terms had been forced upon insurers and were going to be a benefit for the profession in general.

It is 10 years (almost) since the beginning of the end of the Solicitors Indemnity Fund and the market rate is still lower than the SIF in its final year! In a nutshell the revenue of the profession has grown, the limit of indemnity increased (as have claims and defence costs) but the premiums are still lower so, what is all the moaning and groaning about? Well, at the time renewal was occurring insurers were adjusting their rates and trying to protect themselves which had quite an effect on the small and medium sized firms, especially those with a property base.

So, is this year’s renewal going to be better or worse? Some press are saying that the sensible option for insurers is to not offer cover next year and wait for the good times to come again but the top end insurers who do actually take their business seriously say they are not going to let their customers down. They do however advise that the profession should be considering their options early.

In reality insurance is a necessity – the profession buy it and the insurance companies sell it and we need to work together to make it work.

Individual Fines for MLRO's

2009-01-23T16:49:00.003Z

There is now a risk that a law firms MLRO (Money Laundering Reporting Officer) will be personally fined if they do not insist on having adequate procedures in place so that anything (or anyone) suspect will be reported to them by colleagues although currently this is only applies to firms who are regulated by the FSA as well as the Law Society.

The FSA (Financial Services Authority) have handed down its first fine under the new rules and although they do not expect to be making prosecutions as a matter of course they have been empowered to make professionals take this matter very seriously and face up to the responsibilities involved.

Last week Sindicatum Holdings were fined £49,000 and their Money Laundering Reporting Officer was fined £17,500 personally for not having adequate procedures for controlling money laundering risks even though no evidence of actual money laundering was found.

Although this has started with the financial institutions it is a big wake up call to all law firms. I am just off to check our procedures now.......

Health and Safety - Getting it Right

2009-01-15T10:20:00.002Z

Health and Safety is an essential part of everyday working and does need to be taken seriously. Providing that you put the right policy in place and take the matter seriously then the process is often not as much hard work as employers initially believe.

The Health and Safety Executive (HSE) have published a ‘ten point plan’ for businesses to ensure they protect the health and safety of their employees as well as people visitng offices and businesses in general.

Their key recommendations are that:

1. All new businesses register with the appropriate authority ie the HSE or the local authority;
2. You take out adequate employers’ liability insurance and display the certificate where everyone can see it (this is actually a legal requirement);
3. Make sure you have someone capable to help you comply with health and safety regulations;
4. Decide on and prepare a health and safety policy which should help you manage health and safety issues;
5. Carry out an assessment of risk (potential dangers and appropriate precautions) and act on the findings;
6. Provide basic welfare facilities ie washing and toilet facilities, remember, different business may require different facilities;
7. Provide appropriate health and safety training for employees;
8. Consult your employees or worker force on health and safety matters, afterall, health and safety is everyones responsiblity;
9. Display the required health and safety law poster and give employees a leaflet covering the basic information;
10. Report as required any work-related accidents, diseases or dangerous incidents as soon as possible.

The HSE has many useful leaflets accessible online at http://www.hse.gov.uk/pubns/

Asset Valuation - a pain in the probate!

2008-12-23T16:17:00.003Z

There are occasions when executors dealing with a deceased estate need a valuation of assets in the form of the chattels ie the everyday items of furniture and possessions. Unlike a property or investment a valuation can not only be difficult to obtain but also wildly inaccurate.

One problem is that a high valuation of chattels on an estate that is well below the inheritance tax threshold (£312,000 for 2008/9) will not make a significant difference however, where inheritance tax must be paid a realistic open market value must be used. Following a rise in living standards it is now quite normal for people to have a chattels of a substantial value (on this subject the value for contents insurance is very often well below the actual replacement value!).

Generally speaking the appropriate valuation is the ‘open market value’ ie the value for which they could be sold. It is essential that all specialist items such as works of art, stamps, china, book and coin collections etc should be valued by a professional, cars (unless vintage) can be valued by reference to a trade guides although any boats or yachts should be valued by a broker.

Items specifically mentioned in the will should be valued individually if it is believed they are worth more than £500 although Items which are normally traded on the open market (such as musical instruments) can, in some cases, be valued by reference to prices on Internet auctions. Another problem that is becoming more common occurs when there are a number of chattels, some of which may be valuable and some of which are not, and the relative value of each is not easy for the executors to know.

Where the executor is likely to have the contents of the house cleared, it is possible for quite valuable chattels to be disposed of for little value or even thrown out. When chattels are being distributed (say where there are three children, each entitled to a third of the chattels), it is also important for values to be known, because the distributions made will need to be equal unless agreed otherwise by the beneficiaries. Since many assets are in the form of sets (china and furniture for example), some horse-trading may need to be done and having an idea of the values of the different chattels will prove helpful.

Age is relative, but we are all getting older......

2008-12-05T09:30:00.009Z

Currently there are more than 20 million people aged 50 and over in the UK and it is expected to be 27 million by 2030. The Employment Equality (Age) Regulations came into effect in October 2006 and make it unlawful to discriminate on the grounds of age (unless this can be objectively justified).

The Regulations have introduced a national default retirement age of 65, removed the upper age limit for unfair dismissal and redundancy and given the employer a duty to consider requests to continue working beyond 65; this legislation also provided a requirement for employers to give written notification to employees (at least six months in advance) of their intended date of retirement and notify them of their right to request to continue working.

Employers have also been made responsible for the actions of their employees and therefore firms should ensure policies and procedures expressly prohibit all forms of discrimination on the grounds of age (as well as everything else).

Be warned - there is no upper limit to the compensation payable if an employer is found guilty of age discrimination and we would advise every employer who has not yet done so to draw up an age equality policy. It is sensible to consult with your staff or their union representative if appropriate and then made certain all staff are aware of the policy.

If you need any help with this, you know where to come.

It's Called Recycling!

2008-11-14T13:13:00.003Z

"I'll tell you what's wrong with it. It's dead, that's what's wrong with it."

For those who believe the ancient Greeks came up with most things first, proof has been found in a 4th century AD joke book that they were right! Obviously written by a relative of the Monty Python crowd the Dead Parrot sketch, where a man returns a parrot to a shop complaining it is dead, was originally written about a slave.

The 1,600 year-old joke book "Philogelos: The Laugh Addict," is one of the world's oldest joke books - it features the gag where a man complains that a slave he has only recently bought has died. "By the gods," replies the slave seller, "when he was with me, he never did any such thing!"

Is this the root of one of the funniest ever Monty Python sketches - "The Dead Parrot"? which contains the immortal and hysterical lines "It's not dead, it's pining for the fjords."

The joke book has been published in English and will appeal to all of us who swear that the old ones are the best - this could well be a "top 10" Christmas present. The jokes, so we are informed, are all about sex, dimwits, nagging wives and flatulence - obviously these subjects have been making us laugh since the dawn of time.

My husband's old football team in Bristol always had a number of students and were referred to as the "dolt student family" and they were always the butt of the joke. This was obviously not an original idea as many of the jokes feature a slow-witted boy known as the "student dunce" who is the one made fun of. In one, the boy goes to the city as a friend has asked him to buy two 15-year-old slaves: "No problem,' he responds. "If I don't find two 15-year-olds, I'll get one 30-year-old.'

Evidently the original book is attributed to Hierocles and Philagrius. Very little is known about them but it is amazing to note that they are still appreciated today as comedian Jim Bowen is reviving their lines in front of a 21-century audience.

Jim said "One or two of them are jokes I've seen in peoples' acts recently, slightly updated: they put in a motor car instead of a chariot."

There's nothing like the good old days!

Chicken For Christmas

2008-11-11T16:31:00.001Z

Japan is heading for recession, their economy hit first by a jump in oil prices and now by the global financial crisis. Retailers have been hit hard by as the middle classes cut back on spending so they are trying to woo the super-rich with ever more extravagant offers.

For those in Japan willing to splurge this Christmas a department store is offering truffle-stuffed roast chickens for 84,000 yen (£540) each. Takashimaya Co have started taking orders for the 12 capons being flown in from France in time for Christmas Eve, filled with black truffles, foie gras, white sausage and chestnuts. "People may think it's expensive, but it would be perfect for a party as it feeds six to eight people," said a representative of Takashimaya.
Only one has been ordered so far.

Having chicken for Christmas is evidently popular in Japan, there is an existing Japanese tradition dating to the 1970s: head to the nearest Kentucky Fried Chicken where a meal of roast chicken, cake, salad and a commemorative plate sells for 5,300 yen (£32).

I'm very happy to be home with my turkey and stuffing thank you!

A different take on the Presidential elections...

2008-11-07T12:09:00.001Z

So it is the long farewell to good old George W Bush and hello to Barack Obama – the problem with George W going is that he always gave us a good giggle by making one or two “gaffs”.

It is therefore good news that we still have Italian Prime Minister Silvio Berlusconi who gave a somewhat unconventional welcome to Barack on Thursday when he was visiting Moscow.

At a news conference with Russian President Dmitry Medvedev, 72-year-old Berlusconi said Obama's election to the White House was "hailed by world public opinion as the arrival of a messiah." And then added "I will try to help relations between Russia and the United States where a new generation has come to power, and I don't see problems for Medvedev to establish good relations with Obama who is also handsome, young and suntanned."

Berlusconi, who always has a year-round tan, is known in diplomatic circles for making the odd inappropriate remark.

On his first meeting with the Danish Prime Minister in 2002, Berlusconi complimented him with the words: "Rasmussen is not only a great colleague, he's also the best-looking prime minister in Europe." But added "He's so good looking, I'm even thinking of introducing him to my wife."

He caused a rather interesting diplomatic incident in 2005 by suggesting he had charmed Finnish President Tarja Halonen to make sure he had her backing to host the European Food Safety Authority summit, reportedly saying "I had to use all my playboy tactics, even if they have not been used for some time," Helsinki promptly called in the Italian ambassador to explain the comments.

Long live Berlusconi…..

Italy calling.....

2008-11-04T15:02:00.003Z

Late in September the two Vickie’s (Sturman and Lennard) visited the Italian Lake District on a weekend “cultural tour” and (unbelievably) actually took in a great deal of culture, alongside the excellent food and wine!

Vickie Sturman, who is a member of our Residential Conveyancing team, is a very keen photographer and had recently obtained a new camera. It turns out that not only is Vickie an outstanding Lawyer she is also an outstanding photographer with a wonderful “eye” for attention to detail!

A few of her photographs are attached and I think you will see what I mean – drink in the views!

Celebrating 20 years at Brooks & Partners

2008-10-27T10:52:00.002Z

On the 10th of October this year Ian Temple suddenly announced that he had been with the firm for 20 years and produced a few bottles of bubbly with which to celebrate. Unbeknown to Ian, planning for a surprise party the following week with everyone from the office as well as a few family members had been underway for weeks.
Those at the firm who have known Ian over a long period know it is very rare to catch him out so it was a wonderful moment to see the look on his face when the surprise was sprung! Grateful thanks must go to everyone who had managed to keep this secret for so long, and especially Yvonne, Ian’s wife.
Needless to say an extremely good time was had by all before Ian was wisked off for dinner at WE Restaurant in Fleet.
Congratulations Ian, we are all very proud of you!

Could it be big news

2008-10-22T16:03:00.001+01:00

Today I was going to do something on the US Presidential elections but, frankly, bored myself before I got to the second paragraph.
Then I thought about perhaps doing more on the economy but we are all drowning in a media frenzy of gloom on that subject.
So I was left ruminating on what to BLOG….
Did You Know …
If you yelled for 8 years, 7 months and 6 days you would have produced
enough sound energy to heat one cup of coffee.
(I would have expired from lack of caffeine by this time.)
The human heart creates enough pressure when it pumps round the body to
squirt blood 30 feet.
(As I have low blood pressure would mine not go so far?)
A cockroach will live nine days without its head before it starves to
death.
(I know some people like that.)
Banging your head against a wall uses 150 calories an hour.
(I know some people like that too.)
Butterflies taste with their feet.
(Something I always wanted to know – I hate feet.)
Right-handed people live, on average, nine years longer than left-handed
people.
(If you’re ambidextrous, do you split the difference?)
Elephants are the only animals that cannot jump.
(and that’s a good thing……………….)
An ostrich’s eye is bigger than its brain.
(I know even more people like that.)
And in case you are wondering, no, I am not a complete idiot – some bits are missing!

Sharing the Business?

2008-10-14T12:56:00.007+01:00

Michael Brooks recently wrote to the President of the Law Society in regard to "pack" material that was being handed to Registrars by an organisation called Probate Bereavement Advice so that when relatives came to register the death of a friend or family member the packs were passed on. Although the packs themselves included some useful information the basic purpose, it seemed to us, was to enable a company called ITC Legal Services to obtain Probate instructions!

The response Michael received from the Law Society was as follows ....

"I have heard of ITC and the Probate Bereavement Advice service although my knowledge of them is limited. Having spoken to colleagues here, I understand that the Probate Bereavement Advice is a not-for-profit organisation. ITC has existed for some years and now provides estate administration services mainly be telephone. It is staffed by solicitors as well as others. I think they are able to offer a cheaper service than some solicitors as they operate mainly via a telephone service. Some time ago a Law Society policy adviser called them as a "mystery shopper" to check what they were saying to customers and they did advise her to go to a solicitor if she wanted face-to-face service.

Personally, I do not think that Government departments should be parading advertising opportunities in this way. In our discussion with the Government over HIPS we did manage to ensure that the HIP regulation specifically excluded this type of activity".

The above was an interesting response from the Law Society but the question must be posed of course - do we really think ITC/Probate Bereavement Advice is a not-for-profit organisation or is that just sceptical?

On The Up!

2008-10-08T12:13:00.004+01:00

Last season Brooks sponsored local football team Crookham Rovers, purchasing a new kit and some wet weather gear. Although they had an uncertain start to last season they very quickly pulled things together and were still involved in three cups and racing up the league on the run up to Christmas. Disaster then struck! Awful weather meant that they did not play for thirteen weeks and when eventually the team got back into the good football in March it was all a little late.

Following a summer where the whole team continued to train all the way through, as well as some interesting new signings, this season has started well with three wins and a draw out of four games as well as coming through the first round of the Hampshire Cup.

They have two tough games coming up and we wish them well.

Free Lunch? Not Likely!

2008-10-02T10:30:00.002+01:00

Solicitors for the Elderly

ONLINE WILLS – THE PUBLIC BEWARE!

As a long standing and well regarded law firm in this area, Brooks and Partners Solicitors feel it our duty to draw people’s attention to the pitfalls and potential disasters of using an online Will service. Deciding to make a Will is an important step and needs to be carried out with an expert who can understand your circumstances, what you want to accomplish from your Will and can guide you through the law so that this can be achieved.

Solicitors are governed by the Solicitors Act and regulated by The Solicitors Regulation Authority, and will have undergone many years of training to qualify. The lawyer will want to see a client face to face to ensure that the client understands what they want to do and that they have the mental capacity to sign a Will. An identity check is carried out to ensure the person is whom they claim to be. The lawyer will also check that they are not being forced or bullied into doing it. Commonly, the lawyer will read a client’s body language to assist in forming this view. They will provide advice ranging from tax considerations to preserving assets from care fees to ensure that what is proposed is the best way of achieving the desired outcome.

Solicitors for the Elderly (SFE), a national association of lawyers who specialise in acting for older and vulnerable adults, increasingly are hearing of problems concerning cheap or free Wills services, automated online. Some of these services make money by charging high sums for the storage of the Will, whereas solicitors generally never charge. A recent business model claims that the on line Will, will be checked by a solicitor; something SFE and its members are concerned about.

Local SFE member, Louisa Herrington-Green of Brooks and Partners Solicitors said,
“Remembering the old adage that there is no such thing as a free lunch, solicitors are being asked to check these Wills free of charge, yet we have never met the client and so can’t ascertain the person’s identity, their mental capacity, any conflicts, pressures or undue influences. Also, I understand that many online systems do not ask for financial details so they can’t check the Inheritance Tax and other legal implications. Whilst a free or cheap Will may seem attractive, it is fraught with danger and the worst thing is that, no matter how bad the Will is, the Will maker is likely to think they received a great deal because the problems will not manifest themselves until after death.”

Press contact: for further info please contact Louisa Herrington-Green, email: louisa@brooks-partners.co.uk or tel: 01276 681217For further information about making a Will please contact Louisa Herrington-Green.

London Bridges Walk

2008-09-26T11:38:00.006+01:00

LONDON BRIDGES WALK IN AID OF CHASE CHILDREN’S HOSPICE

The forecast for Sunday 17th August was awful but thankfully wrong and, consequently, Vickie Sturman, Carol Mapp, Vickie Lennard and Nicola Sparkes (together with three friends) thoroughly enjoyed taking part in the sponsored seven mile walk across 9 of the London Bridges for CHASE children’s hospice.

Starting out at Tower Bridge and finishing at the Oval to watch Hampshire v Surrey the day was a great success and the girls from Brooks & Partners raised money for a charity they feel deserves as much support as possible. The game of cricket was an education for some who had never understood it in the first place. How can you have a "game" that goes on for five days but can still end in a draw!

“Last year the firm’s chosen charity was Phyllis Tuckwell and this year the staff have spread efforts further” said Michael Brooks “Ten of our female members of staff took part in the Race for Life and now four have completed the London Bridges Walk. I am very proud of the effort put in by members of staff for Charity events. I am also delighted to say that Brooks will be taking part in the upcoming "Dare to Wear it Pink" event in aid of Breast Cancer, though I have no idea yet what I will wear!".

Crunch Tackle for Football Clubs

2008-09-17T11:22:00.006+01:00

Has the credit crunch produced a new indicator for firms that may be in trouble? The football shirt sponsorship killer deal?

AIG have just hit the headlines and been "rescued" but when Manchester United signed up with AIG two years ago, could they have foreseen that the US insurance company would soon be hanging onto the cliff by its finger tips?

There are interesting parallels through this uncertain economic time. Newcastle United will probably forever be linked with the biggest banking failure Britain has seen, Northern Rock.

The bank's name is still displayed on the shirts - we assume because Newcastle cannot afford to change them or are unable to attract a new sponsor

West Ham are now without a sponsor, following the XL Travel "crash" last week stranding thousands of tourists but immediately dropped the XL logo, we assume because they are no longer happy with the association.

Really, does the above mean that we should be watching to see who is sponsoring which football team as an indication of what will happen next on the Footsie 100 - I am just smiling slightly as my favourite team have Carlsberg printed all over them and most people will still want a nice cool beer at some point!

New Consultants at Brooks & Partners

2008-04-02T13:39:00.002+01:00

Recognising the need to strengthen its HR team, Brooks and Partners has now been joined by Bernard Eden, a professional Human Resources Consultant.

Bernard is a chartered member of the Chartered Institute of Personnel and Development and has over 20 years of experience in all aspects of Human Resources Management. He specialises in employment law, terms and conditions and employee relations, and regularly appears representing clients at Employment Tribunals throughout the country.

With an original background in the finance sector and operations management for a national retail chain, he has a sound understanding of business as well as specialist HR knowledge and experience.

Also joining the fold as a specialist commercial consultant is Ian Park. Ian has dual British and Australian nationality and trained in the City of London, assisting a senior partner in a large City Law firm.

Ian’s particular areas of expertise are in company, commercial and construction law. He has a vast range of experience in specific industries, including oil and gas and pharmaceutical and has also done work on infrastructures, intellectual property, competition law and dispute resolution.

Welcome to the Brooks & Partners Blog

2008-04-02T10:48:00.005+01:00

From time to time, we will bring you news and views from the legal world.

Please check back shortly when we will begin publishing.