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February 2019Office News
November 2018Special Update
Update for all Clients on Cyber Security
To reiterate: please note that from now on any bank details apparently or purportedly sent from us by email should not be acted upon. Check details with us first. Be Cyber Safe.
Please also see our new leaflet: Our Procedures For Holding Your Money In Client Account.
June 2018Office News
Cake sale to raise funds for CHYP
May 2018Legal News
Our own Privacy Notice, showing how Alison Fielden & Co comply with the law to protect personal data which we hold, can be accessed via the link at the bottom of each page of this website, or here.
February 2018Office News
December 2017Office News
Photographs by Elliot Dyer
November 2017Legal News
Concessions for first time buyers
November 2017Office News
October 2017Legal News
Marriage law reform will have to wait, Justice Minister Dominic Raab says
In December 2014 the government asked the commission to review the law governing how and where people can marry in England and Wales. The commission published a scoping paper a year later, which concluded that the current law is 'outdated, uncertain and needlessly complex'.
However justice minister Dominic Raab told Professor Nick Hopkins, a law commissioner, that 'now is not the right time to undertake further work on such fundamental reform'. Raab, in his letter dated in September, said the family justice system 'is under significant pressure at present from a sustained increase in public and private law cases', which the government is trying to alleviate.
'Accordingly, we need to focus on reforms in this area of the system in order to meet the unprecedented increases in demand. Any opportunities for primary legislation will need to support that aim,' he added.
'I realise that this decision may be disappointing, but I am not ruling out the option of further work in this area in a future programme of work, and I am happy to keep this under review.'
Responding to Raab's letter, Hopkins said this week that the pressure to change marriage law, or at least comprehensively review legislation, 'is unlikely to diminish'.
Hopkins highlighted high-profile campaigns by humanist groups, who have successfully challenged weddings legislation in Northern Ireland, and those concerned about religious-only marriage, which is being considered by the sharia law review, set up by Theresa May when she was home secretary.
He added: 'This is a complex area of the law with a need for wide consultation, so any law reform options would take time to formulate.
'Allowing the commission to undertake work would help to identify the issues and have solutions ready for implementation in the medium term, if government agreed at that stage that reform was warranted. Our work could be structured to give government options for reform, including more limited reform that could be implemented via the special parliamentary procedure for Law Commission bills.'
October 2017Legal News
Figures show rise in divorce for opposite-sex couples
The figures show that there were 106,959 divorces of opposite-sex couples in 2016 and that the divorce rate for opposite-sex couples was highest among men aged 45 to 49 and women in their thirties (ages 30 to 39). There were 112 divorces of same-sex couples in 2016; of these 78% were among female couples.
October 2017Legal News
Supreme Court find local authority vicariously liable for abuse committed by foster carers
Armes was placed in the care of Nottinghamshire County Council between the ages of seven to 18. The council placed her into foster care with two families:
Armes was physically and emotionally abused by Mrs A, and sexually abused by Mr B. In both cases the abuse took place in the foster home in the course of day-to-day care.
The High Court and the Court of Appeal dismissed claims that Nottinghamshire County Council was vicariously liable or in breach of a non-delegable duty.
Supreme Court decision
The Supreme Court had been asked to rule on whether Nottinghamshire County Council was liable for the abuse suffered by Armes, on the basis of being in breach of a non-delegable duty, or whether it was vicariously liable for the wrongdoing of the foster parents.
The judgment considered the threshold to be passed to establish a non-delegable duty of care. The council was found not to have reached the threshold for a non-delegable duty to ensure that reasonable care is taken for the safety of children in care while they are in the care and control of foster parents. The court deemed this to be 'too broad, and fixes local authorities with too demanding a responsibility'.
However, following principles established in Cox v Ministry of Justice [2016] UKSC 10, [2016] All ER (D) 25 (Mar), the court found the council vicariously liable for the acts of the foster parents. This was for reasons including, among others:
Vicarious liability is only of practical relevance in situations where:
As most foster parents have insufficient means to meet a substantial award of damages, 'the local authorities which engage them can more easily compensate the victims of injuries which are often serious and long-lasting'.
July 2017Office News
Alison Fielden & Co victorious in the UK Supreme Court
Alison Fielden & Co acted on behalf of the wife in an Appeal against a decision that the Court had no power to make such an Order. Stephen Hockman QC and Jane Campbell, instructed by Alison Fielden & Co, succeeded in persuading the country's highest Court to reverse the decision of the Courts below, a District Judge, a Circuit Judge and the Court of Appeal, that there was no power to hear the Wife's Application.
The case will now return to the Circuit Judge for further consideration.
For further details of the Courts decision click here.
April 2017Office News
New Solicitor joins Alison Fielden & Co
Jude qualified as a solicitor in 2011 and has Higher Court advocacy rights in civil cases. She specialises in Employment Law and Litigation, General Litigation and Debt Recovery. She can be contacted on 01285 653261 or by email at jude@alisonfielden.co.uk.
April 2017Legal News
Background
The facts of this case are well known, Mr Platt's successes being headline news since the day he managed to convince the Isle of Wight Magistrates Court that he had no case to answer and evaded conviction and payment of the Fixed Penalty Notice issued upon him.
Mr Platt and his former wife both applied to their daughter's school for authorisation to take her out of school for holidays. Coincidentally, they both applied on the same day, both were refused permission to go and both went anyway. As a result, both parents were issued with Fixed Penalty Notices by the Local Authority. The mother paid, but Mr Platt refused and was prosecuted under s.444(1) of the Education Act 1996 for failing to secure the regular attendance of his daughter at school between 13 and 21 April 2015.
Argument
Mr Platt argued that the whole of his daughter's attendance record should be taken into account. On that basis, he argued, her attendance - even after the holiday - was 90.3%. The magistrates in fact did take into account the full record of attendance, as well as a document from the Local Authority which stated that satisfactory attendance is 90-95%, and found that Mr Platt has no case to answer. The Local Authority appealed by way of case stated and the following question was asked of the Divisional Court:
"Did we err in law in taking into account attendance outside of the offence dates (13 April to 21 April 2015) as particularised in the summons when determining the percentage attendance of the child?"
On 13 May 2016, the Divisional Court answered: no, was the answer. The Magistrates, in taking into account the child's attendance outside the charging period, had not erred in law.
The Divisional Court certified a point of law of general public importance, one which was slightly different to the Magistrates:
"Whether, on an information alleging a failure by a parent over a specified period to secure that his child attends school regularly contrary to section 444(1) of the 1996 Act, the child's attendance outside the specified period is relevant to the question whether the offence has been committed."
Decision
The Judgment of the Supreme Court, given by Lady Hale and unanimously supported by the Justices.,
Lady Hale looked at the three different meanings of the word 'regularly' and decided which was the one intended by Parliament in the Education Act 1996: 'At regular intervals', 'sufficiently frequently', or 'in accordance with the rules'.
Lady Hale stated that the first interpretation was wrong as it would enable a child to regularly attend only one day a week. The second was wrong as it did not follow the clear tightening of the law on school attendance which started with the Education Act 1944 and was "too uncertain to found a criminal offence," as a parent does not know for certain whether on any given day taking a child out of school commits a criminal offence. Therefore, the answer must be the third interpretation: "in accordance with the rules."
Conclusion
The definition is now fixed and clear: "regularly" means "in accordance with the rules prescribed by the school".
It is important to note that Lady Hale does not deal with the other part of the question; namely can the court take into account the child's attendance outside the charging period? Yet, in light of the now very clear definition of regularly, that question has become academic, as now even a single day of missed school, if not done in accordance with the school's rules, is capable of incurring criminal liability.
March 2017Legal News
£3 billion of child maintenance arrears are 'uncollectable'
The Department actively promotes a choice to write off older arrears. The Department has the legal power to write off arrears in limited circumstances. As part of the case closure process it sends a letter to parents advising them they can make a fresh start by writing off arrears owed to them. As a result, in 2015-16 parents asked the Department to write off £12 million in arrears.
Parents do not always understand how and why the Department has calculated arrears when it closes 1993 and 2003 scheme cases. The Department's research found some non-resident parents were dissatisfied with how the Department calculates arrears. This was due to: not being told earlier that arrears had been building up; not enough information on how the arrears had built up and a slowness to answer queries; and delays in being told how to repay.
Since 2012 the Department has reduced its overall enforcement actions to recover arrears on the 1993 and 2003 schemes, in excess of the reduction in case volumes. When a parent owes arrears the Department can deduct up to 40% of their salary after tax, using a deduction from earnings order. It issued 69% fewer orders between 2012-13 and 2015-16. The Department is also taking fewer actions to have debt recognised by a court, which allows, for example, the case to be referred to bailiffs. The Department does not fully review the impact and outcomes of its enforcement activities.
March 2017Legal News
Calls for Parliament to introduce 'No Fault' Divorce
February 2017Office News
Record year for Alison Fielden & Co.
November 2016Office News
Alison Fielden & Co. sponsor Cirencester Christmas lights
November 2016Office News
October 2016Office News
Office Closure - Monday 17 October
September 2016Office News
August 2016Office News
Alison Fielden & Co. celebrate 30 years
July 2016Legal News
Marriage continues decline and cohabitation increases since 2002
The population aged 16 and over who were single increased from 29.6% in 2002 to 34.5% in 2015. There were 28.4 million people living in a couple in 2015. This was 60.5% of the population aged 16 and over. This coincides with an increase in people cohabiting who are never married or civil partnered (from 6.8% in 2002 to 9.5% in 2015), as cohabitation has become more common as an alternative to marriage, especially at younger ages. The rise in single population also reflects more people in middle age groups remaining unmarried.
Here at Alison Fielden & Co we suggest all couples living together should consider entering into a Living Together Agreement which we can assist with. Please remember that "Common Law Marriage" is a myth and simply living together does not give much in the way of legal rights if the relationship ends.
July 2016Office News
June 2016Office News
Cake Sale to celebrate joint 30th Anniversary with CHYP
For more information please see the article from the Wilts & Glos Standard website.
April 2016Legal News
Child Maintenance Service's caseload rose by 21% in 3 months to February 2016
The number of cases managed by the Child Maintenance Service continues to increase following the introduction of application and collection charging. The caseload stood at 227,000 as at the end of February 2016, an increase of 21% when compared to November 2015.
Figures released by the Department for Work and Pensions show that in the quarter to February 2016, 87% of Case Groups were contributing towards their current liability, with 88% of cash due, paid. A Case Group is defined as all of the cases associated to a paying parent.
There has been a slight change to Service levels; although the proportion of calls answered was at 98%, those answered within 30 seconds decreased from 94% in November 2015 to 86% in February 2016. Accuracy levels increased from 92% in November 2015 to 93% in February 2016.
The DWP publication contains information on cases being processed on the 2012 statutory child maintenance scheme, delivered by the CMS. The 2012 Scheme was introduced to support families who are unable to make arrangements themselves. The 2012 Scheme will replace the 1993 and 2003 Schemes (administered by the Child Support Agency) over the next few years as 1993 and 2003 cases are closed.
April 2016Legal News
Evidence requirements for domestic violence legal aid relaxed
In that case the Court of Appeal quashed those parts of regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012 which reference the requirement for documentary evidence in support of civil legal services to be no more than 24 months.
The Civil Legal Aid (Procedure) (Amendment) Regulations 2016 reg 2(2) substitutes a new regulation 33(2) which sets out the forms of evidence of domestic violence which must be provided with an application for civil legal services under paragraph 12 of Part 1 of Schedule 1 to LASPO. The new regulation 33(2) includes a time limit of sixty months for certain types of evidence of domestic violence, or risk of domestic violence, and introduces a new form of evidence where the relevant domestic violence is in the form of abuse which relates to financial matters. This regulation comes into force on 25 April 2016.
The Justice Minister, Shailesh Vara, announced the change in a written statement made to the House of Commons. He added:
"We continue to believe that victims of domestic violence in private family disputes should receive legal aid where evidence is provided, and the Court of Appeal has agreed that the Lord Chancellor has the power to make arrangements in regulations to allow this. But there are areas where we need further information-for example, the number of individuals who have evidence over two years old. We also need to more fully appreciate the issues in play in cases of financial abuse, on which there is only limited research available.
"We have begun work with domestic violence support groups, legal representative bodies and colleagues across government to gather data and develop our understanding of these issues. Our findings will be used to inform an evidence-based solution to the court's concerns, with the aim of drawing up replacement regulations.
"In the meantime we are taking immediate action, through interim regulations laid before Parliament today, to change our arrangements. We are more than doubling the original time limit for evidence - increasing it from two to five years, and we are introducing a provision for the assessment of evidence concerning financial abuse. We are expediting implementation of these changes so they will come into effect on Monday 25th April in order to make sure that victims of domestic violence can receive the support they need as soon as possible, and to give certainty to those considering applications for legal aid. We believe that these arrangements address the court's concerns while work continues to find a sustainable longer-term solution."
March 2016Legal News
34% increase in Court Fees for Divorce
The decision to increase the fee for lodging a divorce petition at court was only communicated by the courts at the end of last week, but the new fee came into force, Monday 21 March 2016.
Whilst there has been talk of a fee increase for some time, the timing of the rise has come as a surprise to Family lawyers, as there has been no formal consultation or announcement by the Ministry of Justice, leading many to express disappointment and concern at the lack of transparency shown by the government.
For couples planning to divorce, who are now faced with no choice but to pay the increased fee, this will unsurprisingly come as blow, particularly given the lack of advance warning. Many individuals may have opted to a file a petition in advance of the fee rise, had they known it would cost them an additional £140. The fee increase adds further strain to what is already a financially worrying and difficult time for most, and there has been little reassurance that the increased revenue will be spent on improving court service.
March 2016Legal News
ParentPlan aims to enable co-parents to communicate effectively
The aim of ParentPlan is to enable parents to keep up to date with their children even if they do not see them every day.
Members of the site can upload diary events and activities to the calendar, store contact details, display media files and relevant documents and post key reminders to the Pinboard. This information can then be shared with selected adults involved in the child's life such as carers and grandparents or other family members.
ParentPlan is free to all users until 1 June 2016.
For details of the service provided by ParentPlan, click here.
Febraury 2016Legal News
Evidence tests for domestic violence are unlawful, says Court of Appeal
In his judgment in R (Rights of Women) v The Lord Chancellor and Secretary of State for Justice [2016] EWCA Civ 91, Lord Justice Longmore said:
"Legal aid is one of the hallmarks of a civilised society."
"I would conclude that... regulation 33 does frustrate the purposes of LASPO in so far as it imposes a requirement that the verification of the domestic violence has to be dated within a period of 24 months before the application for legal aid and, indeed, insofar as it makes no provision for victims of financial abuse."
Director of Rights of Women Emma Scott said:
"For nearly three years we know that the strict evidence requirements for legal aid have cut too many women off from the very family law remedies that could keep them and their children safe. Today's important judgment means that more women affected by violence will have access to advice and representation in the family courts."
"The Court of Appeal has accepted our arguments that the fear of a perpetrator does not disappear after 2 years and recognised that forms of violence such as financial abuse are almost impossible for women to evidence. We look forward to working with the Ministry of Justice on amendments to the regulations to ensure that women affected by all forms of domestic violence are able to get legal aid."
Law Society President Jonathan Smithers said the Law Society supported the challenge brought by Rights of Women because legal aid is a lifeline for victims of abuse:
"The LASPO legal aid cuts have resulted in radical consequences for access to justice, with the worst impact affecting the poorest and most vulnerable sectors of society. Survivors of domestic violence should not be subjected to the over-strict tests required by the regulations as they now stand.
"The harsh tests exclude victims from accessing legal aid for family-law disputes against an abusive ex partner or relative and are not what parliament intended. This ruling means that access to safety and justice will no longer be denied to the very people the government expressly sought to protect with its amendments to the regulations."
Febraury 2016Legal News
Joint enterprise law wrongly interpreted for 30 years, Supreme Court rules
The joint enterprise law has been used to convict people in gang-related cases if defendants "could" have foreseen violent acts by their associates.
However, judges ruled it was wrong to treat "foresight" as a sufficient test. Their decision could pave the way for hundreds of prisoners to seek appeals.
Delivering the judgement, Lord Neuberger said it was wrong to treat "foresight" as a sufficient test to convict someone of murder.
"The court is satisfied after a much fuller review of the law than in the earlier cases that the courts took a wrong turn in 1984. And it is the responsibility of this court to put the law right," he said.
In further remarks after publishing the judgement, Lord Neuberger said:
Febraury 2016Legal News
Changes to Stamp Duty Land Tax
November 2015Office News
Alison Fielden & Co. sponsor Cirencester Advent Festival
We are also once again taking part in the Festival of Christmas Trees in the Parish Church of St John the Baptist, Cirencester.
June 2015Office News
May 2015Office News
Welcome to a new member of staff
May 2015Office News
May 2015Office News
April 2015Office News
Vacancy for secretary/administrator
March 2015Office News
Alison Fielden & Co. reaccredited for Lexcel standard
March 2015Legal News
Changes to legal aid 'represent a black mark on government's children's rights record'
The Committee's report on the UK's compliance with the UN Convention on the Rights of the Child points to areas, such as immigration, legal aid and children in custody, where some policy developments have actually worked against the best interests of children, despite the Government's specific commitment to the United Nations Convention on the Rights of the Child (UNCRC) made in December 2010.
The Committee in its Report notes that the Government's recent changes to legal aid provision represent a black mark on its children's rights record; it also:
March 2015Legal News
Enforcing family financial orders - Law Commission proposes better solutions for separating couples
The Law Commission notes that under existing law, the courts can struggle to enforce the family financial orders they make. The mechanisms for enforcement are contained in a range of legislation and court rules. Court users can find the process bewildering and parties often face significant expense and distress in trying to get what they are owed which can lead to hardship for them and their children.
The Commission suggests reforms that would provide the courts and former partners with more useful information about the financial position of the party who has not complied. This would provide a better understanding of why a financial order has not been met, and enable the parties to make decisions about enforcement and find a solution. The Commission also makes proposals for information, support and advice to be provided for the public affected by the enforcement of family financial orders.
Professor Elizabeth Cooke, Law Commissioner for property, family and trust law, said:
"The law governing the enforcement of family financial orders is hard to understand and difficult to use. When the courts cannot enforce family financial orders, it can lead to real hardship for former partners and children and place a huge burden on the state. We need to understand whether existing mechanisms for enforcement are working as well as they might, what other powers the courts might use to tackle non-payment, and how we can find better solutions for couples when one partner is able to pay but refuses to do so."
The consultation is open from 11 March to 11 July 2015.
March 2015Legal News
Supreme Court allows wife's claim 18 years after divorce to proceed
In May 2013 the Court of Appeal allowed Mr Vince's appeal against the dismissal of his application to strike out his former wife's, Ms Wyatt's, claim for a financial remedy, which she issued some 18 years after the parties were divorced. The Court also held that an A v A order should not have been made against the husband requiring him to pay a total of £125,000 to fund his ex-wife's legal costs of bringing the claim against him. In the High Court Mr Vince had been ordered to pay £125,000 directly to Ms Wyatt's solicitors.
Lord Wilson, explaining the judgment of the Supreme Court, said that the omission from the Family Procedure Rules of a power to grant summary judgment was deliberate.
"Ms Wyatt's claim should proceed to a short hearing," he added.
Ms Wyatt faces formidable difficulties in seeking to establish that a financial order should be made in her favour, including the short duration of the marriage and the long delay since then. It is not clear whether she will be able to sustain her claim on the basis of need generated by her relationship with Mr Vince. However, section 25(2)(f) of the 1973 Act obliges the court to have regard to "the contributions which each of the parties has made ... to the welfare of the family, including any contribution by looking after the home or caring for the family". Ms Wyatt will no doubt rely on her much greater contribution to the upbringing of the couple's children over many years, a factor which may justify a financial order for a comparatively modest sum.
The court also considered the costs allowance order. Mr Vince argued that even if Ms Wyatt's application were not to be struck out, the deputy judge had been wrong to make the costs allowance order. The threshold test for making such an order was whether Ms Wyatt could reasonably secure legal services by any other means. Given that it would be unreasonable to expect her solicitors to continue to act without payment until the determination of her substantive application (as contended by Mr Vince), this test was satisfied.
March 2015Legal News
Regulations on legal aid funding for judicial review held to be unlawful
The Civil Legal Aid (Remuneration) (Amendment) (No 3) Regulations 2014 amended existing provisions such that legal aid practitioners would not be paid for work done up to the permission stage on an application for judicial review if permission to bring the claim was subsequently refused. The stated purpose of the Regulations was to incentivise providers of legal services to focus on the proper application of the merits test for legal aid before applying for judicial review.
The claimants in R (Ben Hoare Solicitors & Ors) v The Lord Chancellor [2015] EWHC 523 (Admin) challenged the legality of the Regulations on the grounds that they were:
As for ground two, the Court noted that there were certain events in judicial review litigation that were unforeseeable or beyond the control of the provider - for example, the withdrawal by a defendant of the impugned decision such that the permission decision is never reached, or the court ordering a "rolled-up" hearing. The Court held that, in those circumstances, the provision extended "well beyond the circumstances which can be seen as rationally connected to the stated purpose given for its introduction". As such, it was inconsistent with the purposes of the LASPO Scheme. The application for judicial review therefore succeeded, and it was not necessary for the Court to determine the "chilling effect" ground.
The Court did not consider the question of appropriate relief; therefore it remains to be seen whether the Regulations will be quashed. It is nevertheless surprising that the MoJ is reported as having responded to the judgment as follows: "We are ... pleased this judgment confirms the principle of our reform is lawful. We will now carefully consider the technical aspects raised by the court and our next steps."
March 2015Legal News
Recent Adoption case establishes legal parenthood for sperm donor
Since section 54(2) of the Human Fertilisation and Embryology Act 2008 excludes single commissioning parents from applying for parental orders, B applied for an adoption order. The application was supported by all of the parties, including A's Guardian and the local authority.
This was an unusual case and the court analysed the relevant provisions of the Adoption and Children Act 2002, including possible criminal liability in respect of a breach of s.92 ACA 2002 (which effectively creates a criminal offence under s.93 ACA 2002 for private adoptions without using an adoption agency). In this case, a criminal offence had not been committed because of s.92(3) and (4) which provides that an offence is not committed if the prospective adopters are parents, relatives or guardians of the child, or a partner of a parent of the child. Given that as a matter of law, B was in fact the legal brother of A, the court found that B was a "relative" within the meaning of s.144 ACA 2002.
March 2015Legal News
New Children's Commissioner for England outlines her priorities
The new Children's Commissioner is an expert in children and family policy and services and has led ground-breaking campaigns and research in this area, including high profile inquires and Commissions which have shaped Government approaches to children and families. She has been Chief Executive of the charity 4Children for 20 years, growing it to run a national network of nearly 100 Sure Start Children's Centres. She is a passionate champion of early intervention and received an OBE in recognition of her contribution in the millennium honours. She gained the Freedom of the City of London in 2013 for services to children in the capital.
Anne Longfield said:
"It is a privilege to have been appointed to work on behalf of England's children, and I am determined to use my six years to make a real difference. I will spend my six year term as Children's Commissioner stretching every sinew to improve the lives of children - listening to what children and young people tell me and bringing their concerns to the table. The majority of children are flourishing and are destined to continue to do so. But there are still far too many who face severe disadvantages and sadly abuse or neglect, who are discriminated against for some reason or who simply who do not get a fair start in life because their parents or carers cannot afford to provide them with one. I will work on their behalf, championing their rights throughout the country. In 6 years time I would like the country to feel proud of the changes it has made to improve the lives of children."
March 2015Office News
Solicitor to take part in Bath Men's Walk
March 2015Legal News
Appeal Court judge tells ex-wife to 'get a job' in maintenance payment dispute
Lord Justice Pitchford rejected a challenge by Tracey Wright to a decision to slash her future maintenance, which she stated would cause 'a plummeting in the standard of living' of the youngest child. Mrs Wright's ex-husband Ian Wright, a racehorse surgeon in Newmarket, had been ordered to pay £75,000 maintenance and school fees per year (£33,200 was spousal maintenance for Mrs Wright's personal upkeep), in 2008 after 11 years of marriage. Last year Mr Wright went to the High Court to seek a reduction in the payments to Mrs Wright, stating it was not fair that he was expected to support his ex-wife for life, even after his proposed retirement.
Mrs Wright chose not to work after the end of the marriage, and instead be a stay-at-home mum. As part of the divorce, Mrs Wright received a mortgage-free home worth £450,000 and horse stabling for her and the daughters' horses. Lord Justice Pitchford stated that 'the world of work has innumerable possibilities these days ... vast numbers of women with children just get on with it and Mrs Wright should have done the same'. The judge continued to state that 'Mrs Wright has made no effort whatsoever to seek work or to update her skills ... I am satisfied that she has worked on this basis ... that she would be supported for life.'
The judge upheld the decision of the High Court that Mrs Wright's personal maintenance payments must cease, with a gradual tailing off over a 5-year period leading up to Mr Wright's retirement.
March 2015Legal News
Non-UK nationals subject to tougher checks on marriage in UK
'If one of the parties to a proposed marriage or civil partnership is a non-UK/non-EEA national with limited or no status then the proposed marriage or civil partnership will be referred to the Home Office before the ceremony is allowed to take place. Those present in the UK with indefinite leave to remain, EU right of permanent residence or right of abode will not be referred but they must evidence their status adequately when giving notice.'
The key points of the new scheme, are:
November 2014Office News
Alison Fielden & Co. sponsor Cirencester Advent Event
August 2014Office News
June 2014Office News
May 2014Office News
Solicitor joins the Law Society Children Panel
April 2014Office News
Alison Fielden & Co. re-enrolled into Conveyancing Quality Scheme
March 2014Office News
Alison Fielden & Co. reaccredited for Lexcel standard
February 2014Office News
New computers and dictation equipment
April 2013Office News
A new Family Solicitor joins the firm
March 2013Office News
Alison Fielden & Co. reaccredited for Lexcel standard
September 2012Office News
A new solicitor for Wills & Probate
April 2012Office News
Alison Fielden & Co. reaccredited for Lexcel standard
February 2012Legal News
From 1st April 2012, for those earning £107 or more:
Statutory maternity pay, paternity pay and adoption pay - £135.45 per week.
From 6th April 2012:
Statutory sick pay - £88.85 per week.
February 2012Legal News
Employment Tribunal Fees & Costs
Option 1 - An initual fee of £150 - £250 to begin a claim, a further fee of £250 - £1250 if the claim goes to hearing. On this option there would be no limit to the maximum award.
Option 2 - A fee of £200 - £600 with maximum award limited to £30,000, or £1750 for those seeking higher awards.
August 2011Office News
Alison Fielden & Co celebrates 25 years in business
March 2011Office News
Alison Fielden & Co supports Breakthrough Breast Cancer
February 2011Office News
Alison Fielden & Co awarded 'excellence mark' by the Law Society
As a firm we are constantly looking for ways to develop and improve our service to clients and we are delighted to have reached this milestone. Our assessor identified no fewer than 14 areas of good practice in which we have achieved over and above the requirements of Lexcel.
More details on the Lexcel scheme can be found at the Law Society website.
January 2011Legal News
If the programme has prompted you to think about your own situation, then our Wills specialist can advise you regarding all aspects of wills and inheritance planning, as well as offering a probate service. We are conveniently located in the centre of Cirencester within easy reach of the market and shops.
By taking action now, you will avoid leaving difficulties for your loved ones in the future.
For further information please contact our Wills & Probate department.
November 2010Legal News
October 2010Legal News
August 2010Legal News
July 2010Office News
June 2010Legal News
May 2010Legal News
April 2010Legal News
April 2010Legal News
April 2010Legal News
January 2010Legal News
Business information regulations
December 2009Office News
New solicitor heads Wills & Probate department
October 2009Legal News
Companies Act 2006 comes into force
Documents required for incorporation will now be:
There will also be changes in the information which directors have to provide about other directorships and private addresses.
October 2009Office News
July 2009Office News
New recruit for Family department
May 2009Office News
April 2009Legal News
Family Courts open to reporters
April 2009Office News
Phone us or see this site or the A-board outside our office for more details and updates.
April 2009Legal News
Further changes to Home Information Packs
April 2009Legal News
April 2009Legal News
Cost of registering Lasting Powers of Attorney is reduced
March 2009Office News
March 2009Legal News
February 2009Office News
Fairford and Lechlade Business Club Awards
February 2009Legal News
Spouse entitlement in intestacy
January 2009Legal News
Employees on long term sick leave are entitled to carry leave allowance forward
January 2009Office News
Rebecca Scammell qualifies as solicitor
December 2008Office News
Alison Fielden & Co. raise money for CHYP
December 2008Legal News
Land Registry to destroy paper documents
For further information, or for help in retrieving documents, contact the relevant Land Registry or ask us to do so on your behalf.
November 2008Office News
Advent Market - 22 November 2008
November 2008Office News
Alison Fielden & Co. mark Remembrance Day with playing of the Last Post
October 2008Office News
Alison Fielden & Co. Wear it Pink again
October 2008Legal News
October 2008Special Bulletin
Client Information Bulletin: Banking crisis and client monies
There remains a risk, however, that in the event of a banking collapse some client monies could be lost. While even at this point, collapse of a major high street bank is extremely unlikely, we are sending this information to our clients in accordance with guidance from The Law Society, recently issued to all solicitors' firms.
Alison Fielden & Co. bank with Barclays Bank plc and place client funds there strictly in accordance with the Solicitors' Accounts Rules. There is no other action that we as solicitors have the power to take.
The Law Society's guidance suggests that the sums of £50,000 being guaranteed are per client per bank.
If you, as a client, bank with Barclays then the £50,000 guarantee refers to all monies of yours, including your own personal accounts, as well as monies we hold in our client account, and only one sum of £50,000 will be available to cover these amounts.
Any claims should be made through the FSA. For further information please visit http://www.fscs.org.uk/consumer/FAQs/Deposit_claims_FAQs/.
Please contact us if you wish to discuss this information bulletin.
If circumstances change we will provide an update on this website.
September 2008Legal News
The Board would like to invite members of the public who have an interest in the work of the Public Guardian and his office to share their views about these services.
Places at the meeting are limited, and if members of the public would like to attend, they should contact the Secretariat to the Public Guardian as soon as possible:
E-mail: publicguardianboard@publicguardian.gsi.gov.uk
Tel: 020 7664 7235
September 2008Legal News
Stamp Duty Land Tax concession
August 2008Legal News
August 2008Office News
Trainee solicitor passes Professional Skills course
July 2008Office News
July 2008Legal News
Energy Performance Certificates for commercial properties
From 1 October 2008 energy performance certificates will be required for the construction sale and rental of dwellings and all commercial property (with limited exceptions).
If more or fewer units are created in an existing property and there are changes to heating hot water and ventilation or air conditioning systems an energy performance certificate will be required from 1 January 2008 for dwellings and from 6 April 2008 for commercial properties.
An energy performance certificate is valid for 10 years except in the case of homes when it is valid for 12 months.
See further the Energy Performance of Buildings Directive 2002/91/EC(EPBD).
Business rates on empty properties
Since 1 April 2008 the Rating (Empty Properties) Act 2007 has been in force and there are now fewer concessions on business rates for empty properties.
Commercial properties now have 100% relief for the first three months after which the rate is payable in full, and industrial/warehouse properties have 100% relief for 6 months after which the rate is payable in full.
July 2008Office News
June 2008Office News
Trainee Kathryn qualifies as solicitor
May 2008Office News
Alison Fielden & Co. join the 2020 Lawyers Group
May 2008Legal News
Cost of long-term care to double
17% of people aged 85 and above are receiving long term care. Life expectancy is also increasing. An average 60 year old man is expected to live until 86 and an average 60 year old woman is expected to live until 89. Therefore more and more people are likely to require an element of long term care in the future.
May 2008Legal News
Improved Blue Badge map service
April 2008Legal News
Legal Services Act comes into force
April 2008Office News
Her planned forthcoming talks this year are as follows:
March 2008Office News
Trainee Monitoring visit from the Solicitors' Regulation Authority
March 2008Legal News
Another Act set for the Judicial Dustbin includes a law of 1839 concerning Street Musicians, requiring them to leave the area if requested to do so by irritated residents. The law was especially referring to Brass Bands and Organists.
The Law Commission's Chairman Sir Terence Etherton made it clear that the abolition of the acts was to ensure that the statute book is not filled with out of date information which wastes people's time.
March 2008Legal News
The fundamental issue was what financial provision should be made for Ms Mills. She had sought an award of in the region of £125million, and Sir Paul had proposed that she leave the marriage with assets of £15.8million, inclusive of any lump sum award.
The Judge decided that the husband should pay her a lump sum of £16.5million, which together with her assets of £7.8million meant that she had total assets of £24.3million, inclusive of a deemed figure of £500,000 referable to her overspending in the period of separation.
He valued the husband's assets at about £400m, as opposed to the £800m claimed by the wife.
The length of their marriage was four years and the Judge, in undertaking the exercise prescribed by Section 25 of the Matrimonial Causes Act 1973, decided that the needs of the wife were a factor of "magnetic" importance. The lump sum arrived at by the Judge was made up of capitalised maintenance for the wife's income needs which the Judge put at £600,000 per annum and £2.5m for the wife to buy a property in London. Additional maintenance provision was made for their daughter, Beatrice.
March 2008Legal News
Cohabitation Law Reform - delay in implementation
At the request of the Government, the Law Commission had consulted widely on this issue and their proposals for legal reform were published on 31 July 2007.
The British Social Attitudes Survey published in January 2008 had backed the case for urgent reform of the law. It revealed widespread confusion over what protection couples that live together have under the law, with 51 per cent of people still believing that cohabiting couples have rights as "common law" spouses - but no such rights exist.
For further information about the current position for cohabiting partners, please contact our Family department.
February 2008Office News
Alison Fielden & Co. win a 'Best of Cirencester' Award
For more details, see the 'Best of Cirencester' awards page.
January 2008Legal News
January 2008Office News
December 2007Legal News
Home Information Packs extended again
December 2007Office News
Alison Fielden & Co. support 'Kids for Kids'
November 2007Legal News
The right to park on someone else's land - a recent case
In the past it has been unclear whether a right to park can exist as an easement, or is a personal right for an individual, or something which has to be paid for as a type of contract.
The case of Bachelor v Marlow, 2003, decided that a right to park could not be an easement where the owner of the land on which the parking took place was deprived of any reasonable use of his own land because of the right.
This has now been effectively reversed in the case of Moncrieff v Jamieson, 2007. A right to park is now capable, in appropriate circumstances, of existing as an easement, even if this results in the whole of the land in question being parked on.
Also, a right to park can now, in certain circumstances, be implied from the existence of another easement - a right of way - without itself being specifically granted in express terms.
Both these parts of the decision in Moncrieff v Jamieson are changes which make it easier to establish permanent rights to park over another person's land, but only where very particular circumstances apply.
If you need further information or advice, please contact our Property & Business department.
November 2007Office News
Alison Fielden & Co. raise money for CHYP
October 2007Office News
October 2007Legal News
New form of Power of Attorney comes into effect
Alternatively you may contact our Wills & Probate Department.
October 2007Office News
Senior Secretary joins Alison Fielden & Co.
September 2007Legal News
Home Information Packs extended
September 2007Office News
Alison Fielden gains Diploma in Land Registration Law
It has been hard work for Alison studying while at the same time running the Conveyancing services in the office but the new qualification will enhance the firm's expertise in Land Law and Conveyancing.
August 2007Legal News
Solicitors' Code of Conduct 2007
August 2007Office News
Celebration of 21 years in practice