COVID-19: Lord Chancellor’s Speech On Recovery Plans For Justice System

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On 4 June 2021, the Lord Chancellor, Robert Buckland QC MP, spoke at the Law Society, where he reflected on the justice system’s response to the pandemic and outlined the Ministry of Justice’s post-pandemic recovery plans for the justice system.

In his speech he spoke, in particular about:-

  • The pandemic “cementing” the need for remote hearings to be made available. Going forward, the MoJ wants the effective use of audio and video technology to remain an “integral part” of the justice system.
  • The use of remote hearings can increase court capacity, make the process “less intimidating” for vulnerable people, reduce the time spent travelling to a hearing and improve transparency in the justice system.
  • Judges should have the choice and flexibility in how they use audio and video technology, where appropriate. Changes will need to be carefully considered and discussed with the Lord Chief Justice and Rule Committees.
  • The nature of dispute resolution should be redefined, and courts should be used as a last resort.
  • A “fresh look” needs to be taken at how justice works, by looking at how the court experience can be improved for all users and building on what has been learned over the last 15 months, as to how new technology and “radical new methods” could improve the justice system of tomorrow.

Haverhill Show 2021

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Haverhill Show 2021

We are delighted to be a sponsor of this year’s Haverhill Show, being held on Sunday 4th July, at the Recreation Ground.

The show is Haverhill’s biggest community event and we are pleased to be able to contribute towards it raising money for local charities and good causes, who do important and valued work in the town.

We will be present at the show, making people and businesses in the local community aware of our services. Come and visit us at our gazebo on the day. We will be pleased to see you and talk with you.

Divorce And Making Your Will

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What happens to your Will if you get divorced or end your civil partnership?

When you divorce or end your civil partnership your former spouse/civil partner is treated as having died before you. Your former spouse/civil partner will not inherit anything from your estate unless your Will specifically stated that divorce or dissolution of a civil partnership would not affect the gift that was detailed in the Will.

In addition, if you had named your former spouse or civil partner as an executor in your Will (ie the person who collects in all your assets, pays off your debts and distributes your estate) they will not be able to act as your executor once you are divorced or after you have ended your civil partnership. If you had appointed your ex as your sole Executor, without any provision for a replacement, this would have to be rectified upon your death, which could cause delays and unnecessary costs.

Making a new Will

Unless there is good reason to the contrary the best time to make a new will is after decree absolute and after all outstanding financial issues have been settled. That is so that any future claim of an ex spouse can be properly quantified

It is especially important to make a will to ensure that your children are properly provided for.

Divorce also affects guardian appointments in a will. If the couple getting divorced have children together, and not from previous marriages, then the remaining parent shall continue to have responsibility for those children as that parent also has parental responsibility for those children. If there were children from a previous partner, and the wife, for example, had appointed the now former spouse as guardian in her will, this appointment would fail. The former spouse was not the biological parent of the child and therefore does not have parental responsibility for the child. He (or she) cannot be automatically empowered to continue to parent the child; he has to be chosen by the mother in her will. When this couple divorce, this appointment fails. If no other person is appointed, it shall be for Social Services to assess who is the appropriate adult to parent the child.

Next steps

For further information about making a Will, please contact a member of our Private Client department for expert and professional advice.

Hayley Ford – Partner/Solicitor – Private Client Department.

Thank You From The Laughter Specialists

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The Laughter Specialists LogoWe are delighted to have supported The Laughter Specialists, a Saffron Walden based charity that connects and interacts, through fun and laughter, with vulnerable children and young people in need:

“We are extremely grateful for your kind donation, and will be putting it towards spreading as much light, joy and laughter to the vulnerable children and their families, especially at the moment when Covid has made life all the more difficult for a lot of these families.

We really appreciate your support, thank you so much.”

Our generous donation was made by our Partners, following a nomination from our staff. It represents one of several made to local charities who provide services in the Saffron Walden, Haverhill and Sawston areas. Donations were made in lieu of sending company Christmas cards.

Support For The Friends of Bellbird School, Sawston

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Friends Of Bellbird School

Friends Of Bellbird School Logo

We are delighted to have received a letter from The Friends of Bellbird School, Sawston ,thanking us for “our kind and generous donation” towards their Christmas Raffle. The school raised over £1,100 for its 377 appreciative children, staff and parents. This represents one of several annual donations that the Partners of Adams Harrison kindly give, in support of charities and other organisations in the Saffron Walden, Haverhill and Sawston communities.

When Making A Will; Letter Of Wishes

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When making a Will, it is also possible to add a separate letter of wishes which can expand on certain clauses within your Will.

Letters of wishes act as a guide to your executors on your wishes but are not legally binding.

A clause within your Will dealing with your funeral directions often simply states whether you wish to be buried or cremated and where. In a separate letter of wishes you can go into further detail about the type of service you would want, the music to be played and instructions on your headstone. This letter can then be amended as often as you wish without the need for your Will to be amended which would incur costs.

It is sometimes necessary to set up trusts within your Will for beneficiaries who, for whatever reason, are not to benefit absolutely from you. In a letter of wishes you can give instructions to your Executors (who become the trustees of your trust) on how you would like your trust to be administered. For instance, you could ask for an annual income to be paid to a beneficiary. You can also advise on when lump sums could be released such as for the purchase of a house, wedding etc. Trust clauses in Wills specify that the trust is administering by the Trustees and do not go into more detail, by preparing a letter of wishes you can expand on your instructions.

It is sometimes the case that you do not wish to include certain people in your Will. If this is challenged in the future the courts may require more information on your reasons. You can prepare a detailed statement giving your reasons which could then be used as evidence in court.

Where you are appointing guardians in your Will for children under 18, you may wish to set out your wishes to those guardians. You could give instructions on how you would wish your children to be raised and educated.

Rather than including lists of personal items in your Will and to whom they are to pass, these can instead be included in a letter of wishes. Again, this letter can be changed as often as you like without the need for your Will to be amended. As personal possessions increase and change over time, the letter can be easily changed to reflect this.

The use of these documents prevents your Will being overly complicated and lengthy. The Will itself relates to facts and the law behind it.

Joshua Tarrant Trust; Thank You

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Joshua Tarrant Trust Logo

We are pleased to receive this message of thanks from Denise, Co – Founder , of Joshua Tarrant Trust.

Each year our Partners generously donate to 3 local charities, nominated by our staff.

“It was a pleasure to speak to you on the phone a few weeks ago. We are delighted to inform you we have safely received the cheque, generously donated by the Partners in lieu of not sending corporate Christmas cards in 2020. Thank you all so much, we are so pleased to be nominated by your staff and look forward to future engagements with you”.

The Impact Of School Closures On Working Parents

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Lockdown III has resulted in the further closure of schools in the country with effect from 5th January 2021. Schools remain open for children of parents/carers with a job or career deemed to be “critical” in the Government’s guidance; or for some children that are vulnerable; or, most recently added is the category for those students unable to learn from home due to a lack of IT resource. The impact of school closures is huge on working families, in particular working mothers.

What can you do if you cannot work because your child(ren) are not at school?

1. There is no right to request, or to receive, furlough leave. However, the Government has confirmed that the Coronavirus Job Retention Scheme (CJRS), that contributes to the pay for furloughed employees/workers, can be used for caring responsibilities. It is the employer’s decision though. If it is offered by the employer it can only be implemented with the employee/worker’s consent. The employer is not obliged to make up the pay to a full 100% and therefore it means a reduction in pay to 80%. The CJRS has now been extended until the end of April and can be used flexibly so the employee/worker does not have to be on furlough leave for all of their contracted hours.

2. There is a statutory right to Parental Leave – up to 18 weeks leave per child can be taken by some working parents before the child is 18 years old. However, this is unpaid leave.

3. Annual leave can be used but most employers have a limit on the amount of annual leave that can be taken consecutively and it is always subject to the employer’s approval.

4. A change in shift pattern or working arrangement – an employer cannot force you to work on a different day or time. However, if you have caring responsibilities for a child (and you have worked for at least 26 weeks for your employer) you can make a flexible working request to change your contractual hours of work. An employer can only refuse this request for prescribed reasons as set out in section 80G(1)(b) of the Employment Rights Act 1996:

• The burden of additional costs
• Detrimental effect of ability to meet customer demand
• Inability to reorganize work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality
• Detrimental impact on performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

5. Termination of Employment – you can resign from your employment. Your employer can only dismiss you if it is for one of five permitted fair reasons as set out under the Employment Rights Act 1996 – incapability, misconduct, redundancy, illegality of some other substantial reason.

Questions have been raised in parliament this month suggesting that there should be a legal and enforceable right for parents to request paid, flexible furlough. This comes after a survey of 50,0000 women in the UK suggested that 71% of working mothers who asked to be furloughed for childcare reasons following the closure of schools this month had their requests refused. However, this change has not been implemented.

The above is a very brief summary of the employment law position arising as a result of school closures. Please seek our specific advice so that it is applicable to your own individual circumstances. Remote appointments by various means are available with our employment law specialist Jennifer Carpenter, solicitor and managing partner.

Please telephone the office on 01799 523441 or e-mail [email protected].

Hayley Ford; New Partner

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Hayley Ford Solicitor Wills Trusts and Probate 400

The partners of Adams Harrison are delighted to announce that Hayley Ford has joined the partnership. Since 1st January Hayley has become a partner in the business.

Hayley has been a solicitor in the private client department at Adams Harrison for over seven years. She obtained a Master’s degree from the University of Cambridge before completing her Graduate Diploma in Law at BPP Law School and the Legal Practice Course at the College of Law, London.

Hayley specialises in preparing Wills and Lasting Powers of Attorney, registering Enduring Powers of Attorney, Court of Protection work and administering estates. Hayley is based in our Saffron Walden office but is available to advise clients at our other offices.

Hayley is a qualified Trust and Estate Practitioner (TEP), holding a diploma in Trusts and Estates and a diploma in Advising Vulnerable Clients (which she passed with a distinction) from the Society of Trust and Estate Practitioners (STEP). TEPs are internationally recognised as experts in their field, with proven qualifications and experience.

The effect of COVID-19 on personal injury claims

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The COVID-19 crisis is of course creating significant challenges that are testing Claimants, potential Claimants and all those involved in the personal injury industry. For this reason many of those who have active personal injury claims and even those wondering if they might have a claim are asking what impact the pandemic will have on them.

Whilst it is impossible to say there will be no impact on the claims process, we have seen Claimants, Defendants and the Courts cooperate and work together to ensure that any delay is minimised or in most scenarios, avoided entirely.

At Adams Harrison we remain open for business and continue to manage existing claims or deal with new claims as normal. We offer client consultations by telephone or other remote means whether that be via Zoom, Face time or other platforms. If you wish to have a face to face appointment please telephone the office to ascertain if this can be arranged for you. In such circumstances you should acquaint yourself with our Covid-19 Policy so you know what to expect on your visit and so we can do our upmost to keep you safe during your visit https://www.adams-harrison.co.uk/covid-19-policy/

We have also prepared questionnaires for you to complete prior to any appointment to help deal with your claim remotely.

Making that initial step to call or email a solicitor about an accident claim is always a big decision. At Adams Harrison we offer you the opportunity to speak to a lawyer from the first call. That means you won’t need to speak to any call centres about your potential case and instead you can speak to a lawyer who will be able to answer your questions and put your mind at rest – whatever the advice might be.

If you would like to make a personal injury claim then please contact us – we are here to help you.
Anton Bilinski
Legal Executive
Litigation Department