Category Archive: Latest News

1. Buying and Selling Agricultural Property at Auction

   June 30, 2020 2:10 pm Leave a Comment

   Buying Agricultural Property at Auction

   The purchase of agricultural property at auction is often a swift process. However, the auction process is one that should also be met with caution. If your bid is successful, you will be required to sign the contract and pay deposit of 10% of the purchase price at the auction. You will then be contractually bound to complete your purchase on a fixed completion date, which is generally 28 days following the auction.

   What should I do prior to the auction?

   If you have identified a property that you wish to bid on at auction, researching this property is important. The seller will have prepared a legal pack for the property, containing the title documents, often conveyancing searches and any special conditions of sale. This pack should be reviewed in detail. Tinsdills can review this pack prior to the auction, to advise you of any potential legal issues or further enquiries and investigations that may be appropriate.
   
   Following the review of the legal pack, if you decide that you wish to bid on the property, you should ensure that you have the appropriate finance arrangements in place, both to pay the deposit at auction and in readiness to pay the remaining balance on the completion date.

   At the auction

   At the auction, in addition to having available funds to pay the deposit immediately, you should be prepared to provide evidence of your identification, particularly if your bid is successful.
   
   I was successful with my purchase at auction, what should I do now?
   
   If you purchased a property at auction, you will then need to formally instruct a solicitor to act for you in order to complete your purchase. Tinsdills’ highly experienced agricultural property team are happy to act for you in the completion of your auction purchase.
   
   Tinsdills will take your purchase through to completion and deal with the registration of the property at Land Registry on your behalf.
   

   Selling Agricultural Property at Auction

   The sale of agricultural property at auction is a popular choice for sellers. If your property sells at auction, the overall process is swift, with the buyer paying a deposit of 10% of the purchase price at the auction and being contractually bound to complete their purchase of the property on the fixed completion date, usually 28 days following the auction.
   
   What should I do prior to the auction?
   
   If you wish to sell agricultural property at auction, you will firstly need to instruct an auctioneer. The auctioneer will generally agree a guide price with you, advertise the property and enter the property into auction.
   
   You should then instruct a solicitor to prepare an auction legal pack. This pack will be made available to interested buyers, allowing them to review key information about the property, such as title deeds, conveyancing searches and any special conditions of sale. Interested buyers may raise enquiries on the documents contained within the legal pack, which your instructed solicitor will answer.
   
   Your solicitor will also arrange for you to sign a copy of the sale contract prior to the auction date.
   
   Tinsdills’ agricultural property team are experienced in auction sales and are happy to act on your behalf for a sale at auction, from preparing the auction legal pack through to completion of a sale of the property.
   
   What happens at the auction?
   
   A member of Tinsdills will be present at the auction. If the sale of your property is successful, the buyer will pay the deposit of 10% of the purchase price, which will then be held by your solicitor until completion takes place. Contracts will be exchanged in readiness for completion to take place on the fixed completion date.
   
   I was successful with my sale at auction, what happens now?
   
   Tinsdills will contact the solicitors instructed to act for the buyer and provide them with a copy of the legal pack. Tinsdills will then undertake all work required to complete the sale.

   
   Contact us
   If you would like to discuss the sale or purchase of an auction property, please do not hesitate to contact Tinsdills’ highly experienced Agricultural Property department who will be happy to assist you.

2. What are Enquiries During a House Purchase?

   June 17, 2020 11:56 am Leave a Comment

   During the process of buying a property, your solicitor will raise enquiries with the seller’s solicitor. This is a standard part of the buying process and is done to ensure that any potential issues are dealt with prior to Contract Exchange. Enquiries will usually be raised at two stages, dependent on the timeline of the transaction.

   

   
   Once we have received the Contract, together with a copy of the deeds and the Property Information Form and Fittings and Contents Form from the seller’s solicitor, these will be checked and we will raise any enquiries necessary at this stage. These will be based on the documents received so far.
   
   We will then order the searches to be undertaken on the property. Once we have received the results for these, we will review them and, again, send any enquiries necessary to the seller’s solicitors.

   

   
   What happens after enquiries when buying a house?

   Once we have received satisfactory responses to all enquiries raised, we will then progress your transaction towards Contract Exchange and Completion. 
   
   For more information about the property buying process, you can view our step by step guide to buying a property here.
   
   If you would like some more information regarding our transparent costing for purchasing a home then please contact our Client Service Advisors for a quote.

3. A Guide To: First Registrations & Voluntary First Registrations

   June 2, 2020 7:57 am Leave a Comment

   First Registrations

   First Registration is the process by which property that is not registered with HM Land Registry (“the Land Registry”) becomes registered. When registered, the Land Registry assigns a specific ‘title number’ to the property, prepares a plan of the property and then maintains a record of future ownership changes, overages, mortgages, easements, or leases. 

   When must property be registered?

   All unregistered property must be registered with the Land Registry in the following circumstances:-

   • A purchase of property;
   • Property being transferred by way of a gift or inheritance;
   • Property being exchanged for other property;
   • Leasehold property being transferred (that generally has more than 7 years left on the term of the leasehold at the time of the transfer);
   • On the grant of a new leasehold (generally where the term is for more than 7 years from the date of grant); and
   • The creation of a first legal mortgage (one that ranks in priority ahead of any other mortgages affecting the same property).

   Tinsdills will deal with any compulsory registrations if they are part of a matter that we are instructed to act in.

   Voluntary First Registration

   If unregistered property is in your ownership, you can choose to register such property with the Land Registry voluntarily, even if you are not selling, transferring, or otherwise having dealings with the property. Tinsdills can review the deeds to the property that you wish to register with the Land Registry and apply for voluntary first registration on your behalf. 

   Benefits of voluntary first registration:-

   • Registration will provide you with documented proof of ownership of the property, with a plan displaying your registered property boundaries. 
   • The title plan provides clarity in the extent of your property and may reduce the chance of any ambiguity or future boundary disputes;
   • The Land Registry will assign a class of title to the property, which is guaranteed by the government;
   • Selling or transferring property is generally a more straight forward process when the property is registered. This is because registered land is usually less time consuming to deal with, as opposed to original title deeds, which are generally rather lengthy and require a thorough review;
   • Registration can protect your property against fraud. Once the property is registered, you will be able to set up a Land Registry Property Alert, which would notify you should someone try to alter the register to your property, such as if someone tried to fraudulently register a mortgage against or transfer your property;
   • Once registered, there will be no need to safely and securely store the unregistered title deeds and documents as the Land Registry will take and retain copies;
   • Copies of title deeds and documents can be requested from the Land Registry easily and at very little cost.  Most deeds and documents can be requested and sent electronically;
   • The Land Registry offer a discounted fee for voluntary first registration applications.

   What is required to register property?

   Tinsdills property team are experienced in registering unregistered property and we will deal with the process on your behalf from start to finish. 

   We will require all of the title deeds that you hold for the property, allowing us to conduct a thorough review of these deeds prior to registration with the Land Registry. We will also require a scale plan of the property to be registered, if one is not contained within the title deeds. 

   We will then make the necessary enquiries with the Land Registry and submit the application for registration. Once the property is registered, we will review the registered title to ensure all necessary rights, easements or otherwise are recorded on the registered title accurately and then provide you with the title documents provided by the Land Registry for your records. 

   What if the Title Deeds have been lost or destroyed?

   You can still apply to the Land Registry for voluntary first registration of a property if the title deeds have been lost or destroyed. The Land Registry will require a Statement of Truth from the person claiming ownership of the property, giving a full account of the events that led to the loss or destruction of the title deeds, along with any other documents relating to the title of the property that you may have. Other parties who may have had possession of the deeds, such as a conveyancer or bank/building society can also prepare corresponding Statements of Truth, to be used as further evidence when submitting your application to the Land Registry.

   The Land Registry will review the application and decide whether to grant ownership of title based on the Statements and documents presented to them. 

   Tinsdills can review individual cases where title deeds have been lost or destroyed and prepare the Statement of Truth and application on your behalf. We will then submit the application for registration to the Land Registry and correspond with the Land Registry until the application is decided. 

   Contact us

   If you would like to discuss the registration of unregistered property, please do not hesitate to contact Tinsdills highly experienced Property department who will be happy to assist you.

4. A Guide To: Help to Buy Loans

   May 15, 2020 2:55 pm Leave a Comment

   If you are looking to purchase a new build property, you may be eligible for the Help to Buy Equity Loan Scheme run by the Government. 

   The scheme provides you with a loan of up to 20% of the cost of your newly built home (or up to 40% in London). You won’t be charged loan fees for the first five years of owning your home. After this, you will be charged interest at a rate of 1.75% for the first year and then this will increase each year in line with inflation. 

   Some conditions to being able to use the scheme are that:

   • You must not own any other property at the time of purchasing your new property using the Loan. 
   • The property that you are purchasing must be worth £600,000 or less.
   • You must be able to provide a 5% deposit for the property.

   Example 

   Let’s say you want to buy a new-build home worth £300,000. Using the Help to Buy scheme, you could put down a 5% deposit (£15,000), apply for an equity loan worth 20% (£60,000), meaning you would only need to get a 75% mortgage (£225,000). 

   Paying off your Loan 

   You must pay off your loan either after 25 years or when you sell your home. You will have to repay the Government 20% of the value of the property, even if the property has increased in value. For example if you purchased a property in 2015 for £200,000 and then sold the property in 2020 for £250,000, you will have to pay back the Government £50,000 when you initially borrowed only £40,000. This may be something to consider when deciding whether a Help to Buy Loan is appropriate for you. 

   You can also elect to pay back the loan early. If you can afford to do so before 5 years, then this will mean you avoid paying interest on the Loan. 

   Changes to Help to Buy Equity Loans from 1st April 2021

   • The scheme will only be available for first time buyers; those who haven’t previously owned or purchased property.
   • The scheme will introduce regional property price caps based on local markets. These will set the maximum price of a new build home that can be bought with Help to Buy in each region.

   If you wish to take advantage of the current scheme then the purchase of your home must have reached legal completion by 31 March 2021.

   It is also worth noting that the Help to Buy scheme will be coming to an end altogether on 31 March 2023. 

   Tinsdills Residential Property Team are highly experienced in both purchasing homes for clients using the scheme and assisting in redeeming the equity loan from Government. If you would like some more information regarding any of the above then please do not hesitate to contact the Team. 

   If you would like some more information regarding our transparent costing for purchasing a home using the Help to Buy scheme then please contact our Client Service Advisors for a quote. 

5. The Five Stages of Divorce

   May 1, 2020 11:30 am Leave a Comment

   Stage 1 – The Petition

   Stage 2 – The Response

   Stage 3 – Applying for a Conditional Order

   Stage 4 – Conditional Order

   Stage 5 – Pronouncement of Final Order

   The process of getting a divorce can be understandably difficult, and it comes with many concerns – from the emotional to the financial and practical. This guide aims to ease that load for anyone looking to get a divorce, by breaking down the process into five easy-to-understand steps. Read on to discover the five stages of divorce, along with detail on each step and what you will need to do.

   The Petition

   In order to initiate divorce proceedings, the applying party, known as the Applicant, will need to send to the court a Divorce Petition. The only ground for a divorce is irretrievable breakdown of the marriage.

   In England and Wales, as of 6 April 2022, the Petition will be issued on a “no fault” basis, meaning that a marriage has broken down with no “blame” placed on either party.

   The Response

   Once the Petition has been lodged, the court will send a copy to your spouse, who known as the Respondent, alongside an Acknowledgement of Service form which they should complete and send back to the court to allow the divorce to proceed.

   In cases where the Respondent refuses to return the Acknowledgement of Service form, the Applicant can arrange for a process server to personally serve the Petition on the Respondent. The process server will charge a fee for this and will provide a statement of service which can be used in lieu of the signed Acknowledgement of Service to progress the divorce.

   Applying for a Conditional Order

   Once the Petition has been appropriately acknowledged, the Applicant will need to apply for a Conditional Order, which is the first decree in divorce proceedings. The Conditional Order cannot be applied for until 20 weeks have passed from the date that the Petition was issued by the Court.

   This is done by submitting an application form alongside a statement in support which confirms that the contents of the application are true. Upon these being lodged with the court, and the court considering the documentation and being satisfied that the Applicant is entitled to a divorce, the Court will issue a Certificate of Entitlement to a Conditional Order which will list the date for the pronouncement of the Conditional Order.

   Conditional Order

   Both parties will receive a Court Order stating that the Conditional Order has been pronounced.

   The divorce is not complete until the Final Order is pronounced, and this can only be applied for after at least 6 weeks have passed since the pronouncement of the Conditional Order. After the prescribed time, the Applicant is entitled to lodge a Notice of Application for Conditional Order to be made Final.

   Pronouncement of Final Order

   The final step in the divorce is the pronouncement of the Final Order which will be made on the court receiving the Notice of Application for Conditional Order to be made Final.  The first date that the Applicant can make such application is 6 weeks after the pronouncement of the Conditional Order. Once the Final Order has been granted, you will be legally divorced.

   It should be noted that obtaining a Final Order does not prevent your spouse from having a claim on your income and /or assets and /or any future inheritance you may receive. In order to be protected from any future claims, a clean break Consent Order is required. It is often recommended that the Applicant refrain from applying for the Final Order until financial matters are resolved. It is possible for the Respondent to make such application for the Final Order, should the Applicant fail/refuse to do so. However, this is more complication and requires an application being made to the court and a hearing where the Judge will decide.

   For more information on how our experienced Family Solicitors can help with your divorce, whether the Petitioner or Respondent please contact our client service advisors.

6. A Guide To: First Time Buying

   April 20, 2020 11:28 am Leave a Comment

   Buying your first home can be a long and complicated process. We aim to be a helping hand for you throughout the first time buying process, from clarifying the procedure to carrying out actions that will lead to you turning the key to your very first home.

   We’ve collated a handy timeline of the process to clarify every step that will lead you to owning your own home from Help to Buy ISAs to HM Land Registry.

   The first step that most people take when looking to purchase a property is saving. If you’re using a Help to Buy ISA to save for your first home then the Government will boost your savings by 25%. This means that for every £200 you save the Government will give you £50 extra towards your savings.

   The maximum Government bonus that you can receive is £3,000. Note that the deadline for opening a Help to Buy ISA has now closed so you’ll need a pre-existing account to receive this Government bonus.

   Once you’ve considered how you’ll fund your deposit the process is usually as follows:

   • You’ll need to visit a mortgage advisor/lender to get a mortgage offer in principle.
     
     
   • Once your offer has been accepted on a property, contact Tinsdills to obtain a quote for conveyancing services.
     
     
   • Provide the estate agents with your Solicitor’s details.
     
     
   • Once the memorandum of sale has been produced by the estate agents your Solicitor will forward a ‘client care pack’ to you including their terms of business and outlining the next steps in the conveyancing process.
     
     
   • If you are having a mortgage a survey will be required which you will arrange with your mortgage provider. You can choose from a basic survey or something more in-depth like a Homebuyer’s Survey. 
     
     
   • Following the results of your survey, if you are happy to proceed with the purchase, then you can complete and return the client care pack to your Solicitor. You will also need to produce your ID and make payment of money on account of searches. 
     
     
   • The four standard searches that will usually be required for lending purposes will be a Local Authority Search, Environmental Search, Drainage Search and a Mining Search although this will depend on the location of the property.
       
   • If you are having a gifted deposit, details will need to be provided of the person gifting funds together with ID and proof of where the funds are coming from (e.g. bank account/savings passbook). Your Solicitor will explain their requirements to you.
     
     
   • Your mortgage lender will issue a formal mortgage offer to you when they have completed their checks. The mortgage lender will issue a separate copy of the mortgage offer together with details of their instructions in relation to your purchase to your Solicitor.
     
     
   • Your Solicitor will obtain and check the contract pack from the Seller’s Solicitor, request the appropriate searches and raise enquiries on the title.
     
     
   • Your Solicitor will then review the replies to the enquiries raised, review the search results and deal with any legal requirements on your mortgage offer and survey.
     
     
   • When your Solicitor has concluded their investigations they will report to you on the title and their findings in relation to the property. You will then be asked to make an appointment to come in to see your Solicitor to discuss your purchase in more detail and sign the necessary paperwork. At the meeting your Solicitor will discuss a completion date with you and once this date has been agreed with the Seller’s Solicitor your Solicitor will request the deposit from you.
     
     
   • If you are using a Help to Buy ISA your Solicitor will explain the bonus drawdown process to you and provide you with a declaration to sign confirming that you are a first time buyer. You will need to close your Help to Buy ISA account near to the completion date and provide your closing statement to your Solicitor.
     
     
   • Your Solicitor will use this declaration, together with the closing balance statement, to apply for your HTB bonus from the Government Help to Buy portal. The bonus money will be held on your client account until we are ready to complete your purchase.
     
   • You should note the bonus cannot be used as part of your deposit but can be used as the final contribution towards the purchase price on completion. Further details can be found at the following link; https://www.helptobuy.gov.uk/help-to-buy-isa/how-does-it-work/
     
     
   • When a completion date has been agreed your Solicitor will submit the Certificate of Title to your mortgage lender confirming that the legal requirements have been satisfied. Your Solicitor will request the mortgage advance to be released in readiness for completion. You will be asked to pay any balance funds due including your legal fees and Stamp Duty Land Tax (if applicable) prior to completion.
     
     
   • When all parties are ready Contracts are exchanged, your deposit is paid and the agreed completion date then becomes fixed. You will be asked to arrange buildings insurance for the property from the date of exchange of Contracts.
     
     
   • The mortgage advance will be sent from your mortgage lender to your Solicitor in readiness for completion.
     
     
   • Your Solicitor will undertake the pre-completion searches and completion will then take place on the arranged date. You will be informed when the keys are ready for you to collect from the estate agents.
     
     
   • On your behalf your Solicitor will then make payment of the Stamp Duty Land Tax (if applicable) to the Inland Revenue. Your Solicitor will then register you as the new owners of the property at H M Land Registry. This can take up to 6 months due to H M Land Registry timescales.
     
     
   • Once the registration is completed a copy of the updated title will be forwarded to you showing you as the registered owner of the property. You will have successfully purchased your first property.

   

   Throughout the whole first time buying process you’ll have your dedicated team at Tinsdills on hand for clarification and assistance. Our aim is always to deliver clarity and confidence while you take life’s biggest steps. Feel free to contact us today by calling 01782 652300, or dropping us an email at lawyers@tinsdills.co.uk.

7. Email Scams & Phishing in the Age of Coronavirus

   April 7, 2020 12:51 pm Leave a Comment

   Photo: Phishing red text between blue binary data on screen by Marco Verch under Creative Commons 2.0

   Email scams are nothing new. Since the boom of the Internet and the emergence of electronic mail, cybercriminals have sought to exploit people in order to make a profit – by whatever means necessary. These can come in many guises, affecting both individuals and businesses. They often lead to a person handing over precious information (such as bank details), or the infection of a device by malware or ransomware. The latter can lead to your computer or device (or indeed multiple devices) becoming locked, as well as having information stolen.

   Suffice it to say, email scams and ‘phishing’ often target those most vulnerable to such scams, but they can affect anyone. They can lead to businesses losing money or even people losing jobs, as well as significant distress for whoever is involved. As such, below you can find a breakdown of some common email scams to look out for. Being aware of these will put you in a stronger position next time it happens, as you will know when to report or simply ignore certain emails.

   Common Email & Phishing Scams

   False Identification – This one is quite common within businesses, or with businesses clients. Often, fraudsters use social media and company websites to find out information on key people within organisations. Staff members or clients may receive an email from someone within this business making a request, often involving financial details or a transfer of funds. These can catch people out, as on first glance they do appear to be an email from a person they are familiar with – either as a colleague or someone within a company whose services they have acquired. An easy way to spot these is an attention to detail. If you look closely, you will notice key differences. The email address will be extremely similar to the legitimate one, but it will be slightly different. Similarly, be sure to read the email a few times – as these scams are often littered with grammatical errors or spelling mistakes. As a rule of thumb, assume that any email asking for financial details or a transfer is a scam, as it is not standard practice for most businesses to do this. If you are still unsure, however, get in touch with the relevant parties and confirm with them whether or not such an email has legitimately been sent.

   A good question to ask yourself if you’re unsure about an email such as this is, ‘would this person or organisation ask me to do this normally?’ The example shown below is a scam email posing as HM Revenue & Customs. One of the many ways you can identify this as a scam is the fact that HMRC does not carry out such requests via email, and they never ask you to enter your details online through an email. The same rule applies to banks, building societies and so on.

   ---

   Dear Taxpayer,

   After the last annual calculations of your fiscal activity we have determined that you are eligible to receive a tax refund up to 254.85 GB.

   To submit your tax refund please click here. A refund can be delayed for a variety of reasons. For example, for submitting invalid records or applying over the deadline. Please submit a tax refund request and allow us 5-6 days in order to process it.

   Best regards,

   HM Revenue and Customs.

   ---

   Bitcoin – This one has become increasingly prevalent in recent years. Following the rapid rise in popularity and usage of cryptocurrency Bitcoin, there has been a dramatic upsurge in scams related to this phenomenon – email and otherwise. These types of scam amount to a get rich quick scheme, promising great reward to those who invest in a Bitcoin programme which, you guessed it, involves handing over sensitive financial information.

   The effectiveness of these scams is boosted by the name recognition of Bitcoin in the current climate, as well as several fake celebrity endorsements that often accompany them. Aside from email, this is popular elsewhere online too. It is not uncommon to come across fake webpages posing as respected news publications, telling a tale of a famous person endorsing the Bitcoin scheme – and once again pushing them for an investment further down the page. Once you are aware of these, they are fairly easy to identify.

   Coronavirus – If there’s one thing the people running these scams take advantage of, it is fear. Unfortunately, that means that the current situation we find ourselves in is ripe for exploitation. The Coronavirus pandemic has already seen many high profile scams seeking to profit from people’s worries. One incredibly common email scam are those claiming to provide ‘important updates’ on the Coronavirus, including a simple link to discover said updates.

   Following this link can once again lead to devices being infected with malware, leaving your information and data at risk. Another such attempt saw a series of emails posing as the World Health Organisation (WHO), the US Centre for Disease Control (CDC) and the setting up of Coronavirus websites looking to sell fake equipment to battle the virus. The CDC attempt even included Bitcoin transfers to help fund a (completely fake) vaccination. It is normal to be anxious in times such as these, and the desire for up-to-date information is shared amongst the majority of the population. However, we would stress the importance of not engaging with any emails such as those detailed above. It is always a safe bet to stick to the official government advice, which is regularly updated here.

   Glossary

   Here is a brief rundown of some of the key terms you might come across when reading up on email scams.

   Phishing
   The act of pretending to be someone trustworthy or known to a person to obtain sensitive information or data from them, often in the form of a fraudulent email.

   Malware
   Malicious software that, if running on a device, can lead to:

    The theft or deletion of data
    Encryption of data
    Taking control of a device and attacking other businesses
    Theft of information that gives others access to your systems or services
    The utilisation of other services that cost you money
    Your device becoming locked and (in some cases) completely unusable

   Ransomware
   This is a specific type of malware that causes a device (usually a computer) to become locked. As a result of this ransomware, data and information may be stolen, deleted or encrypted, so it cannot be accessed. There is also the potential for ransomware to spread across other devices on the same server/network. One particularly high profile case of Ransomware was the NHS cyber-attack in 2017.

   Bitcoin
   This is a cryptocurrency. It’s essentially a digital form of currency with no central bank, which can be transferred by user to user.

   Now that you’ve read the essentials, you are hopefully somewhat better equipped to identify these scams if and when you come across them. Aside from that, the best piece of advice we can give anyone is to be vigilant, not give out sensitive details via email or on the phone, and stay safe.

8. Tinsdills Solicitors Launch New Fixed Fee Advice Package

   March 31, 2020 3:12 pm Leave a Comment

   Leading law firm launches a brand new advice package in a bid to help local companies navigate the Government’s latest Job Retention Scheme.

   Tinsdills Solicitors announced today, 31^st March 2020, that it will now provide a brand new Fixed Fee Advice Package to help employers who need to implement furlough during the Coronavirus Pandemic.

   The Fixed Fee Furlough Advice Package will be available for any employer with fewer than 20 employees, looking for legal advice surrounding the furlough process.

   Priced at £150 plus VAT, the Fixed Fee Furlough Advice Package will include;

   • a review of applicable clauses within your employment contracts;
   • an appropriate template furlough agreement letter to be sent to employees;
   • general employment law advice on furloughing employees.

   Aiming to support local companies during this difficult time, the package will provide timely support, advice and guidance to allow employers to furlough affected employees seamlessly and confidently.

   David Morgan, Employment and Commercial Solicitor at Tinsdills Solicitors commented,

   “In these extraordinary times it is more important than ever that companies, especially start-ups and small businesses, feel there are support options available to them should they need to access them.

   “We recognise that this is a difficult time with a lot of uncertainty, which is why we want to provide a service that helps to make this process as smooth and straightforward as possible for all involved.”

   If you are an employer looking to start the furlough process, please do not hesitate to get in touch with David Morgan or Ryan Marr and book your Fixed Fee Furlough Advice Package today.

9. Coronavirus Co-parenting Guidance

   March 25, 2020 11:35 am Leave a Comment

   In these strange and uncertain times often the first question our clients are asking after “How do I keep my family safe?” is “What happens with regards to existing contact arrangements?”.
   
   At this stage, the Government have stepped up their plan in attempting to control the speed of the Coronavirus (Covid-19) spreading. During the Prime Minister’s address to the nation on Monday, 23rd March 2020, advice was given to the general public urging people to stay at home.
   
   Advising that we should:
   
   • only go outside when absolutely necessary for food, medicine, essential work or exercise;
   • to stay 2 metres away from other people, and;
   • to wash our hands as soon as we get home.
   
   But what does this mean for those families whose children spend time between two parents, either as a result of agreed contact arrangements or as a result of a Court Order?
   

   

   
   Whilst we are all learning how to adapt, Government guidance remains that children should not normally be moving between households, it is, however, recognised and accepted that this may be necessary where there are children who are under 18, and who need to move between separated parents. At this stage therefore, this travel is permitted.
   
   All parents know that children benefit from a routine, and it is clear that that routine will now look very different to how it was just one week ago. That routine includes maintaining contact with the separated parent in the usual way, assuming of course it is safe to do so. At present, unless there are justified medical/self-isolation issues, or further guidance is released from the Government, children should maintain their usual routine of spending time with each of their parents. Cafcass state that “all child arrangement orders should be complied with unless to do so would put your child, or others at risk”. Should it not be possible for this routine to be maintained, then as always, communication is key either directly with the co-parent, or through a third party if necessary.
   
   We understand that this is a particularly stressful time for parents, and a lot of questions remain unanswered. Rest assured, we are here to give you guidance when required, and all our dedicated Family team can be contacted as usual during these challenging times. We will also update this information where appropriate and in line with any further Government advice.

10. Solicitors Services Deemed Most Satisfying in Significant Survey

    March 10, 2020 3:48 pm Leave a Comment

    If you need an indication of just how vital solicitors are in helping people every day, look no further than this large survey by the Legal Services Board & the Law Society – the largest one of its kind.

    Overall, the survey shows that the service given by solicitors continues to be held in the highest regard. However, there are lessons to be learned too, and ways in which we can continue to reach out and help potential clients. The research shows that almost 1 in 3 people who come across an issue will either want further help, wait 2+ years for a resolution, or not look for help at all.

    This survey shows us the views of some 28,633 members of the public, having been based around YouGov data from February and March last year (2019). It is the first to utilise OECD guidance regarding how we conduct surveys on legal needs, segmenting people by income and the extent to which consumers are equipped to make decisions.

    Solicitors Come Out on Top

    Perhaps the most significant fact we can pull from this survey is that solicitors rank highest when it comes to people being truly satisfied with their service. 9 out of 10 indicated that they were satisfied with the service they were given by a solicitor, and 84% believed that they had received value for their money. People who sought out professional help were much more likely to get what they feel was a fair result – 66% of people who got the help of professionals were satisfied with the result.

    The worst ratings were reserved for providers that are unregulated. 1 in 5 said they were dissatisfied with the service they were given by these places.

    On the whole, 2 in 3 people had come across legal issues over the previous 4 years. A massive portion of these were deemed to be contentious. The breakdown for these is as follows: professional or faulty goods or services (26%), a neighbour’s anti-social behaviour (14%), buying and selling property (11%), employment issues (11%) and wills (11%).

    Of all the places and professions people sought advice from, solicitors were the most likely to be consulted by the public – with 30%, or even higher at 40% for issues considered contentious.

    

    Legal Stats for the Ages

    As tends to be the case, older people proved more likely to seek out a solicitor. 4 in 10 people at 65+ stated that a solicitor was their main source of advice, which fell dramatically amongst 30-49 year-olds at 26%, and further still with 18-29 year-olds at just 18%. This is due to young people choosing to seek out help outside of professional circles.

    The majority of people did not pay for the service of their advisor first hand. Most of these people (49%) got their advice for FREE, whilst another 7% got theirs through an insurance provider or family & friends.

    Just 1 in 5 people who were provided with professional advice looked around at alternative options.

    That being said, the majority of people who used a solicitor looked at two providers or more, at 57%. Meanwhile, 1 in 10 explored four or more.

    Of the few reasons given for any lack of satisfaction with the service given by a legal professional, none related to price but instead a sense that their designated adviser had not done enough (32%) or that they took too much time to do their job (31%).

    The Case for Legal Education

    The study also discovered a link between legal capability and the outcomes of cases – indicating once again a need for stronger education when it comes to legal practices. People with less legal knowhow and lower-income understood their individual rights far less, and thus were also less likely to look for professional help. In turn, this resulted in the majority feeling dissatisfied.

    9 in 10 adults believe that legal aid is good, but of the people earning £32,000 or less who were eligible for this aid, 85% mistakenly believed themselves to not be eligible. Further to this, those with more legal ‘confidence’ were more likely to know their rights than those with less.

    Another issue that proved to be somewhat common is a lack of understanding regarding regulation. 1 in 3 people were unsure of whether their adviser was regulated, or in some cases did not check at all. The majority just assumed they were regulated. Again, this is an issue that further legal education would look to fix going forward.

    If you are looking for expert legal advice, then look no further than Tinsdills Solicitors. Feel free to give us a call today on 01782 652300. Alternatively, you can drop us an email at enquiries@tinsdills.co.uk. We look forward to hearing from you.