Adams Harrison At Haverhill Show

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Adams Harrison were proud to be one of the sponsors for the Haverhill Show on Sunday 15th July 2018.

By sponsoring £250 for the event it meant that various activities could be made available for children at a significantly reduced cost.

We like to get involved in local events. It was lovely to be able to be based on the Recreation Ground all day. Jenny Carpenter (Managing Partner), Sue Lawton (Practice Manager) and Cathy Buck (Legal Executive) were able to meet and greet a number of people and assist with some legal enquiries. Children enjoyed our free lucky dip.

We look forward to being involved again next year.

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Bake Off Success For Adams Harrison Staff

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We are pleased to present confirmation of who won this years Adams Harrison bake off event. It was a closely run thing and the top three bakes received some great comments from the local Saffron Walden Estate agents judging panel:

“Better than sex” – Max Cutsforth, Associate @ Cheffins

“Considering none of us like Lemon drizzle cakes it was blooming lovely” – Arkwrights

“We need more and the recipe” – Nick Bush, Associate Director @ Mullucks Wells

Here we are, top three:

  • Shoshana Goldhill and her Banana breads in third place with an average score of 38/40
  • Debbie Dearman with her brownies in second place with 38.5/40
  • And this years winner is Emma Laidlaw and her lemon bundt cake with 38.8/40

We are counting up the monies still with some more coming in later today. Thank you again to everyone that took part and the winner will be receiving her prize shortly and will be able to decide which charity the monies raised will be sent to.

Thank you!!!

Jack Stewart

Solicitor

Equal Pay For Equal Work

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As long as 45 years ago measures were first introduced in the UK to address the difference in pay between men and women carrying out the same or similar work. It is considered, however that only limited progress has been made in bridging the gender pay gap.

Up until the end of September 2014 the framework for policing gender pay issues was contained in the Equality Act 2010 which draws together the protection from the previous Equal Pay Act 1970 and the Sex Discrimination Act 1975.
A scheme of voluntary reporting was put in place for employers to publicise their pay but this appears to have been insufficient in order to promote pay transparency and attempting to achieve equal pay for equal work regardless of gender.

Since October 2014 there has been a new sanction for employers in place that Employment Tribunals can order if employers are found to have breached equal pay legislation. This sanction requires employers to carry out an equal pay audit and to make public the results.

Average pay for men is greater than that for women. The Office for National Statistics revealed that in 2016 the gap was 9.4% for full time employees (the lowest since records began in 1997, when the gender pay gap was 27.5%). The gap for all employees was 18.1%. This is because a higher proportion of women work part-time (41%, compared to only 11% of men), and part-time workers (both men and women) earn less per hour on average than their full-time counterparts.

The General Pay Gap Regulations came into force on 6 April 2017 and apply to large private and voluntary sector employers. This is defined as employers with 250 or more employees on 5th April each year.

Employers must publish their gender pay gap information on their own website and retain it on line for at least 3 years. The information also has to be uploaded to a government website.

If you consider you are being paid less than a colleague of the opposite sex in your work place when you are undertaking equal work you may have a claim under the Equality Act 2010. The work, when being compared, must fall into at least one of the following three categories – “like work”, “work rated as equivalent” and “work of equal value”.

We can advise you as to whether you are likely to have a successful equal pay case. If you are successful the Tribunal or court can make a declaration of your rights and/or require arrears to be paid. A declaration forces your employer to pay the same as your opposite sex counter part. Arrears can be paid for a period up to six years before your claim.

The Civil Liability Bill – What It Means For You.

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Parliament announced on the 5th July 2018 that legislation intended to reform the personal injury small claims sector looks set to be halted until at least September 2018.

Part of the proposed bill which is now due to come into force in April 2019 makes significant changes to the personal injury compensation system by introducing fixed tariffs to apply to Road Traffic Accident whiplash injuries. The insurance industry argue that these changes will result in savings for consumers in respect of car insurance premiums.

The draft order of the Civil Liability Bill sets outs the fixed tariffs for compensation for pain, suffering and loss of amenity payable for injuries lasting less than three months will be restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months. The maximum fixed tariff for a whiplash injury, applying where victims have suffered for up to 24 months, is only £3,725.

The draft order defines ‘whiplash injury’ very wide as a sprain, strain, tear or rupture of one or more of the muscles, tendons or ligaments in the neck or back. The effects may include, but are not limited to, pain in the neck, back, shoulders or arms, reduced mobility in the neck, back or shoulders, headaches, muscle spasms, or a swelling in the neck. Compensation can be awarded only where the claimant can produce evidence of the injury in a fixed cost medical report from an accredited medical expert.

Although not included in the bill, as it does not require primary legislation, is a rise in the small claims limits for personal injury cases. The government intends to raise the small claims limit for RTA cases from £1,000 to £5,000 and other personal injury cases, public or employer’s liability, from £1,000 to £2,000. This change can be made by secondary legislation and will be timed to coincide with introduction of the Civil Liability Bill. As a result of the fixed tariffs the vast majority of whiplash claims are likely to fall within the new £5,000 limit. These changes will result in claimant’s either dealing with the claim themselves, which the government think people can handle, or pay for a lawyer, if they want one from their limited damages.

We believe that changes need to be made to the Civil Liability Bill to stop injured people suffering the biggest hit to their rights in recent years. For now we will have to wait a bit longer to see whether or not the Bill will pass through Parliament. In the meantime we continue to support the campaigns against the changes proposed.

If you require assistance or advice regarding a personal injury claim then please contact Anton Bilinski.

Intestacy. What Happens If You Die Without Making A Will?

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It is incredibly important to make a Will to ensure that your estate passes as you intend.

In England and Wales, there is a statutory set of rules which apply if you die without leaving a Will (Intestate) when your estate will be divided according to this set of rules, irrespective of your wishes. Your spouse/civil partner may not automatically receive all of your estate.

If you have children, grandchildren or great grandchildren

Your spouse/civil partner will receive all your personal possession, the first £250,000 of your estate in your sole name and a half share of the remainder of your estate in your sole name over this value.

The other half of your estate over this limit will pass directly to your children.

All children are treated equally including adopted children but step children will not be included.

They will receive their inheritance when they reach the age of 17 or if they marry or enter into a civil partnership before they are 18.

If your estate is worth £250,000 or less, your children will receive nothing.

If you are not married/in a civil partnership, or you have divorced or ended your civil partnership, your children will inherit the whole of your estate.

If you have separated but are still married/in a civil partnership, your spouse/civil partner may inherit, even though you no longer live together.

If you have no children, grandchildren or great grandchildren

Your spouse/civil partner will receive all your personal possession and the remainder of your estate.

Any assets your hold jointly will pass automatically to the surviving joint owner and will not be subject to the Intestacy Rules.

Congratulations to Hayley Ford

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Congratulations to Hayley Ford on passing the Trust Exam that she took in May this year as part of her Society of Trust and Estates Practitioners accreditation.

The Importance of Identification

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Buying and selling property can be an exciting time and as soon as you have found a buyer or a property to purchase, you will want your solicitor or conveyancer to review the legal paperwork and proceed with property checks as quickly as possible. But before your solicitor or conveyancer begins working on your behalf, they will request various forms of original identification from you. Such forms of identification might include passports, driving licences, utility or bank statements received recently by post. They may also undertake identity checks and searches on you and, as a result, request further identification. This procedure is more than a formality or for record’s sake, it is a preventative against fraud.

The recent cases of P&P Property Ltd v Owen White & Catlin LLP (2018) and Dreamvar (UK) Ltd v Mishcon de Reya and another (2018) both involved fraudsters posing as property owners in selling vacant properties. In both cases the purchase money paid by the buyers to the fraudsters could not be recovered. You will appreciate, therefore that it is in all parties’ interests to make sure proper ID checks are carried out so that fraud can be avoided wherever possible.

Solicitors and conveyancers are now undertaking stringent identity checks on their clients, when clients are selling vacant properties, to ensure as best they can that the persons who have appointed them are legitimately who they say they are. This can sometimes take time and require the need for further identification to be provided. Rest assured, the checks are being undertaken for the benefit of all parties involved.

Lisa Thornhill, Conveyancing Solicitor, Adams Harrison

Adams Harrison At Haverhill Show Video

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Are You A Separated Parent And Thinking About Taking Your Children Abroad On Holiday?

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As the summer months approach us, many begin dreaming of taking a break from reality and jetting off abroad with the children for a holiday. However, if you are a separated parent you need to consider carefully whether you are legally entitled to carry out your plans.

1. There is a Residence Order or ‘lives with’ Child Arrangements Order in place

If there is a Residence Order or Child Arrangements Order in place, ordering that your children ‘live with’ you (formerly known as a Residence Order) then you are able to take your children abroad on holiday for up to 28 days. The order must stipulate that the children are to ‘live with’ or ‘reside’ with you after the words “it is ordered”. If you do have an Order of this nature and are travelling abroad with the children, then it is still courteous to inform the other parent of your intentions. The only way you would be unable to travel abroad on holiday with the children when there is a ‘lives with’ Order in place, would be if there was also a Prohibited Steps Order in place preventing you from doing so.

2. There is a Contact Order or ‘spends time with’ Child Arrangements Order in place

If the Child Arrangements Order does not legally record that the children are to ‘live with’ you as explained above, or you are the parent that ‘spends time with’ the children (previously known as a Contact Order) then you must obtain the consent from everyone who shares Parental Responsibility for the children, before you are able to take the children abroad on holiday.

3. There is no Court Order in place in relation to the children

Whether you are the children’s primary carer or not, you would need to obtain the consent from everyone who shares Parental Responsibility for the children, before you are able to take the children abroad on holiday.

4. Who shares Parental Responsibility?

A child’s mother will always have Parental Responsibility (unless a public law order has been made stipulating otherwise). A child’s father will share parental responsibility if he was married to the mother, he is named on the child’s birth certificate (only applicable to births registered after 01.12.2003), he and the mother have entered into a Parental Responsibility Agreement, or the Court has made a Parental Responsibility Order in the father’s favour. Other third parties, such as step parents, guardians or same sex parents may also share Parental Responsibility, by virtue of a Parental Responsibility Agreement or Parental Responsibility Order. A third party could also acquire Parental Responsibility if they have a Residence Order or ‘lives with’ order in their favour.

5. What happens if I cannot obtain the necessary consent?

For the avoidance of doubt, it is always recommended that consent from the necessary third parties is obtained in writing before a holiday is taken. If consent is not given or refused, then it would be necessary for you to make an application to the Court for a Specific Issue Order before your intended holiday. The Court are able to make an Order permitting a foreign holiday in the absence of consent from the necessary third parties. If the other parent or person with Parental Responsibility wants to prevent a foreign trip for a specific reason, then they could apply to the Court for a Prohibited Steps Order. If you travel abroad with the children without the appropriate consent or Order of the Court, then you could potentially be prosecuted for child abduction.

If you are unsure whether you are acting appropriately, or wish to receive further advice or assistance in this regard, then please do not hesitate to contact our Family Department.

Kerri Westlake

Graduate Legal Executive

Lexcel Report 2018

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Adams Harrison solicitors has undergone a vigorous annual maintenance visit in order to be audited for our Lexcel accreditation. I am pleased to report that we continue to hold the Legal Excellence Standard endorsed by the Law Society.

Please click on the image below to downlaod the summary report

Adams Harrison Lexcel Report 2018 Image