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26th November 2014
Road Safety Week (ending 23 November) provides a good opportunity for us all to focus on looking out for each other so that lives can be saved and catastrophic injuries avoided. Whether we are a cyclist, pedestrian, driver or motorcyclist (or perhaps all of these), we can probably all think of recent examples of incidents or "near misses" that could have been avoided by a…
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20th November 2014
One key difference between being married and unmarried is that on separation, you can potentially claim maintenance. The principles relating to child maintenance follow a formulaic approach guided by the child maintenance service. While this has many shortcomings, it at least has the advantage of clarity. Maintenance between spouses is less clear cut. It is regulated by the legal principles under the relevant legislation, guided…
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14th November 2014
For many years England and Wales were able to boast one of the most comprehensive systems of Legal Aid in the world. It provided top class representation to people with genuine problems that required the involvement of the Courts.  However, this system has been eroded over the years for reasons of affordability. In April 2013 the Legal Aid, Sentencing and Punishment of Offenders Act 2012…
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14th November 2014
Christmas is presented as the quintessential family event each year. A time when people far and wide are drawn together for an annual love in. In November the adverts start and the season of good will is upon us. However, for many this is nothing but an illusion and Christmas places serious pressures on many families, increasing tensions which have existed for some time. Each…
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05th November 2014
Did you know that you may be able to extend the term of your lease which may make it easier to sell? Almost all flats in England and Wales are leasehold and as a leaseholder (i.e. a Tenant under a long lease) you have purchased a “diminishing asset” as the lease will have been granted for a fixed term. The most common are terms granted…
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31st October 2014
Multinational insurance firm AXA has been successful in its private prosecution of a man who claimed £100,000 for an ‘injury’ he alleged he sustained while working for a haulage company. Paul Gustar had originally issued county court proceedings against his employer after damaging his back, although medical records revealed that the back injury he was suffering from had existed previously and occurred after he had…
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31st October 2014
If I had a pound for every client, who came to me and said, “Nick, I have a nice easy purchase I wish to act on; it’s a new build property...”, then I would be a very rich man. From a property solicitor’s point a view new build properties are fraught with danger and require careful consideration of the paper.  Here is a list of…
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22nd October 2014
We have all heard someone say “it wasn’t my fault, the road was wet/icy/slippery/the sun was low”. Where does the law stand in poor or challenging weather conditions and to what extent can accidents be “acts of God”? An Act of God might best be described as “an event that directly and exclusively results from the occurrence of natural causes that could not have been…
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20th October 2014
From 22nd October, a Court will now presume that both parents should be involved in the life of a child. This new provision amends the Children Act and was previously viewed with some concern by many professionals. What it does not mean is that a parent has a “right” to a 50/50 division of a child’s time, but instead the Ministry of Justice states that…
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17th October 2014
Most people realise that Pre-Nuptial Agreements may now have significant consequences should a marriage breakdown. Less well known is the effect of a Separation Agreement. Separation Agreements differ from Pre-Nuptial Agreements as they obviously require the parties to have concluded that the marriage has come to an end and make provisions for what should happen next. Many people find that the prospect of dealing with…
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