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What we Recommend for Child Arrangements

March 2022

Whether you are going through a divorce or separation, deciding on the arrangements for the children can be complicated. As parents, you have a responsibility for your children’s well-being. It should reassure you that there is clear guidance set out within the law to protect the rights of your children. 

You may be thinking where do I even start? What do I need to do? How can I resolve it quickly? It can feel overwhelming, especially if you are struggling to communicate with your ex-partner or they are refusing contact altogether.

Making a parenting plan –

If both of you have the same interests in mind and want to agree on arrangements for your children, you may want to write a parenting plan to have a written document of the responsibilities and break down of the childcare. In doing so, you should consider including the following:

  • A parenting schedule that will set out the new routine and will be a guide on how time will be spent co-parenting.
  • How you will establish a healthy form of communication, as this will be vital in every aspect from the small affairs to the big decisions.
  • How the finances concerned with supporting your children will be provided.
  • How to maintain your goals.

A parenting plan is not a legally binding document. If you feel that this would be beneficial in your circumstances, please speak to us so we can advise on the next steps.

The Mediation process –

In the unfortunate circumstances where you cannot come to an agreement, you must attempt mediation. This can be very useful way to resolve any child arrangement disputes in a cost effective way and you must have demonstrated you have attempted mediation before you can apply for a child arrangement order.

To define it simply, a mediator is an independent third party that will form a bridge of communication between both parents to help reach an amicable agreement. However, both parents will need to attend a MIAM (Mediation information and assessment meeting) to assess whether the case is appropriate for mediation.

NJS Law can help you through this process too and advise you along the way. We can provide legal advice and elaborate on any terms of the agreement where necessary.

Child Arrangements Order –

You can apply for a child arrangements order through the court if an agreement cannot be reached through solicitor’s negotiation or mediation. An application to the Court under the Children Act 1989 is seen as the final resort to resolve all matters that remain in dispute.

We are aware that Court proceedings can feel overwhelming and daunting and should only be issued if there is an unavoidable necessity to do so. We fully appreciate that this can be an emotional and stressful time, but our specialists are fully able to assist you through this, whether it’s guiding you through the process, preparing any required documentation or representing you at Court.

No matter the difficulties you are undergoing, our NJS Law Family Specialists are here to provide guidance and support. Please call or email NJS Lawtoday with any concern or queries you may have about child arrangements.

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Categories
Blog

Making a Lasting Power of Attorney

March 2022

We all plan for the future; whether it’s a career, a home, or a family, we all have a direction for our life.

Whilst we hate to ponder if the unimaginable could happen to us, it is always better to prepare for all circumstances, and your health and finances should not be any less important.

Making a Lasting Power of Attorney (LPA) will give you and your family peace of mind should the unfortunate happen.

What is a Lasting Power of Attorney?

A LPA is a legal document that lets you, the donor, appoint one or more people to help you make decisions or to make them on your behalf. This means that if you have an accident or an illness that affects your mental capacity, the appointed person(s) can make the decisions for you. These decisions can range from medical care to paying bills, depending on which LPA you choose.

Why make a Lasting Power of Attorney?

There are two types of Lasting Powers of Attorney (LPA): the Property and Financial Affairs LPA and the Health and Welfare LPA. Whilst you can pick whichever suits you, we at NJS Law recommend setting up both for better peace of mind.

With a Property and Financial Affairs LPA, you authorise someone to manage your financial affairs. Unlike a Health and Welfare LPA, this can be used straight away once it has been registered. A Property and Financial LPA will cover a range of matters such as your bills, bank accounts, benefits, pension, investments, and property.

A Health and Welfare LPA relates more to decisions considering your health. This LPA can only be used once your capacity has been lost and you are no longer able to make your own decisions. It will give the appointed person(s) the authority to decide your medical care, medical treatment, and if necessary long term care.

Do not assume that your spouse, partner or next of kin would automatically make decisions over your financial affairs or welfare. If you do not have a LPA in place, and you lose your mental capacity, your spouse, partner or next of kin will have to make an application for a Deputyship Order on your behalf. The Court of Protection will appoint a Deputy which has a similar role to an Attorney. But this process can take two to three times longer and will cost more than a LPA.

How to Make a Lasting Power of Attorney

At NJS Law our Private Client Team can help guide you through the process. Our team can advise you which type of LPA meets your requirements. We can then prepare and execute the LPA and register it.

The cost of making a LPA is £300 plus VAT. The cost for making both types is £500 plus VAT. However, for couples who wish to make both documents and are appointing the same attorney(s), the cost is only £800 plus VAT. We will prepare both the document and the application to register your LPAs with the Office of the Public Guardian for which there is a registration cost of £82 per LPA unless you are entitled to remission or exemption of the fee which our team can advise you on.

 

At NJS Law, we have an extensively experienced Private Client Team that will tailor the LPA document to meet your individual requirements. Please get in touch today for further details.

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Categories
Housing Disrepair

– What To Do If Your Landlord Won’t Do Repairs –

March 2022

Whilst we all have our own preferences on the standard of living, a standard that is not acceptable is a home in disrepair.

It is a legal right for tenants to live in a safe environment and it is a legal obligation for your landlord to repair any issues that may compromise it.

If you rent from a Housing Association, or a Local Council, you may be entitled to compensation if they fail to repair the property.

FIND OUT IF YOU ARE ELIGIBLE TO CLAIM FOR REPAIRS AND COMPENSATION

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to get your home put right and to get you compensated!

What are landlords legally bound by?

Under Section 11 of the Landlord and Tenant Act 1985 it is stated that it is the landlord’s responsibility of maintaining:

1. The structure and exterior of the property or dwelling, including drains and gutters.
2. The installations that supply your essentials such as water, gas, electricity, and sanitary installations like your baths, basins, etc.
3. And finally, the installations that supply heating, such as central heating and water heating.

The tenancy agreement discloses that these are expected to be kept in repair and proper working order and is the obligation of your landlord to do so.

What are the signs of disrepair?

These may include issues such as defective brickwork, roofing, and windows.
Faulty or damaged electrics, guttering, and heating.
As well as the more common nuisances like damp, mould, and leaks.

These not only compromise your home but also your physical and mental health. It can inconvenience your day to day, making living in the home uncomfortable. Mould and damp can be deteriorating to your health and trigger respiratory illnesses. Other health hazards like unsafe structures and fittings can cause physical injuries. A small fault in the roof may leak water into your home and damage your belongings. And it is not only frustrating to live with but frustrating when a landlord refuses to acknowledge or fix the problem.

But what aren’t signs of disrepair?

Whilst it is the landlord’s duty to repair and maintain reasonable living standards, it can be unclear concerning what isn’t. So, what is the tenant’s duty?

– General upkeep of the house including cleaning, changing lightbulbs or the batteries in your smoke alarms.
– Repairing any damage caused by yourself or visitors.
– Repairing any personal belongings brought into the house, including white goods if you personally own them.
– Home improvements that are considered upgrades to the property.

So, what are my next steps?

1) Contact your landlord and keep records for evidence. This can be pictures of the disrepairs, conversations you may have had through email or text, a diary with the timeline of events, and even letters from your GP if the problem is affecting your health.

2) Contact us at NJS Law and we will put you in contact with one of our Housing Disrepair Specialists who will help guide you through the process. We can help you with the next steps, which may include:

– Ensuring your landlord, housing association, or council, legally complete all the repairs.

– Claim compensation for possible inconveniences, damage to personal belongings, or even personal injury.

How much is this going to cost me?

The last thing a renter needs is another cost to add to the growing list of expenses. Here at NJS Law, we handle Housing Disrepair claims on a No Win No Fee basis.

Don’t wait any longer than you already have, call or email NJS Law today.

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FAQ

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Categories
Medical Negligence

What Is Medical Negligence?

March 2022

Hopefully most of us won’t need to know what medical negligence is, but as doctors are only human, it is likely that medical mistakes will continue to happen.

When lawyers talk about medical negligence, we are referring to carelessness, or substandard care, that has been provided by a medical professional to a patient, which has directly caused injury, or has caused an existing condition to get worse.

 

Medical professionals owe a duty of care to their patients, to provide treatment that is in line with the medically accepted standard of care. They are judged by the standards expected of a reasonably competent and skilled health care professional with a similar background, working in the same field of medicine.

However, not all cases of medical negligence result in a successful claim for compensation. If there is no injury, or the poor care was not the cause of the problem, then we would not advise making a claim.

Just like a car driver who runs a red light, but doesn’t crash as a result, whilst he will be negligent, it is unlikely that a claim for compensation will be made against him, a doctor can provide substandard care, or make mistakes that others wouldn’t have made, but if the patient’s health isn’t affected there won’t be a successful claim.

If you are owed a duty of care, and the medical professional is negligent, and you suffer avoidable symptoms that we can connect back to the substandard care, then you should receive compensation.

Some mistakes are so serious, and preventable that the NHS accept there is no excuse. These mistakes are known as Never Events and include leaving foreign objects such as bolts and swabs inside a patient or treating the wrong part of the body. Making a claim for compensation in these circumstances should be straightforward if there has been an injury.

If the mistake isn’t a Never Event, we will need to send all your medical notes, and a detailed statement of the issues to an independent medical expert, asking that expert to consider whether there has been a breach of the duty owed to you.

If the report is supportive, we would then look to get a report on Causation (the link between the breach of Duty and the avoidable harm that you have suffered).

Whilst claims can be complicated, this is something that we have been helping clients with for years, and we are happy to listen to what you have been through, explaining how we can help, if we can.

Our NJS Law Medical Negligence Specialists are sympathetic, understanding, and can help you get the outcome you deserve.

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FAQ

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