When a marriage sadly breaks down, it is necessary to look at the assets that both parties have. From many years of experience, we have learned at Blythe Liggins that  the assets that the parties initially draw our attention to are, for example, the value of the family home, the value of any savings, bonds and  ISAs etc.

All of the above assets are obvious and at the forefront of clients’ minds. It is only when we delve into the value of the pension funds in some cases that it becomes apparent that, surprisingly, the value of the pensions can be greater than the totality of the other matrimonial assets combined. In many instances, the value of their respective pension funds very often comes as a complete revelation to our clients.

Pensions are, therefore, very much on the agenda when it comes to reaching a fair and reasonable financial settlement. Recently, one of our top family Judges, HHJ Hess, has provided guidance on how pensions should be treated within divorce proceedings. It is important to get this right because pensions, over the passage of time, can increase exponentially in value and are an essential asset for those parties to divorce proceedings who ultimately retire. The Family Law department at Blythe Liggins is happy to advise clients on their options regarding pensions when it comes to divorce proceedings and a financial settlement. Contact them on our main switchboard number of 01926 831231 or via agb@blytheliggins.co.uk.

CAPTION: Andrew Brooks, Partner and Head of the Family Department

The present law on divorce dates back to 1973 and it is widely recognised that it can cause problems for parties when they divorce since they very often have to rely upon introducing unreasonable behaviour to end up being divorced.  This has, for a very long time, been considered to be divisive and harmful to parties, when in reality a husband and wife have drifted apart and there is in fact no acrimony.

The new law passed it’s reading in the Houses of Parliament on 2 September and is on its way to the committee stage and becoming law, hopefully during the latter part of 2020/2021. When the  new law is in place it will mean that the current law, where one party often has to blame the other for the breakdown of the marriage will cease and instead a divorce may proceed on the basis of no blame. This will remove a degree of unpleasantness which can blight the relationship between a husband and wife unnecessarily.

It is our view at Blythe Liggins that the new law, when it is implemented, will not make divorce more common.  Neither will it mean that divorce is any easier, it will certainly not make divorce any quicker since even under the proposed new law the divorce process will still take 26 weeks.  However, it should make divorce less acrimonious which will allow people to move on with their lives and to reach agreements in connection with their children and finance and property in more orderly and constructive ways.

This new law is long overdue and the Family Department here at Blythe Liggins look forward to the introduction of the new law.

CAPTION: Andrew Brooks, Partner and Head of the Family Department

Many parents wrongly assume that when they appoint a godparent for their child, then that godparent will be able to step in to take care of their children if they were to die.  They live with this false assurance that all will be well in the event of their unfortunate demise.  However, this is not the case and parents must be aware of the legal difference between a godparent and a Guardian.

The role of a godparent is purely moral and religious and it has been a custom for many decades for parents to name a godparent for their child as part of their religious culture or otherwise.  However, naming this godparent does not create any legal relationship between the godparent and the child and so if the child’s parents were both to die, then the godparent would not automatically become the child’s Guardian and all sorts of legal issues may follow including court battles between relevant parties (eg other family members).

A Guardian’s role on the other hand is a legal role and so if both of the child’s parents were to die during the child’s minority (aged 18 or under), then the Guardian would have those legal rights and obligations as intended by the late parents in respect of that child.

Parents may wish to appoint the same person as both godparent and Guardian and there is nothing wrong with this but if parents wish for that chosen person to care for their child in the event of their death, then it is important to formally appoint that person legally as a Guardian.

The appointment can be made within the parents’ Will although it is also possible to draw a separate formal document.  The preference however nowadays is to include the appointment within a Will.  It is extremely important to take advice prior to legally appointing a Guardian to ensure that both the parent and the intended legal Guardian understand how the appointment will work as it will be tailored to the circumstances of each case.

Indeed, who has parental responsibility for the children, whether the parents are married, unmarried or divorced and whether there is a step parent are all factors that will need to be taken into consideration and so it is crucial that parents take independent legal advice before appointing a Guardian.

It is possible to include conditions upon the appointment of a Guardian and also to appoint a substitute Guardian if the originally intended Guardian pre-deceases the parents.  It is also extremely important that the document is appropriately executed to ensure that it is legally binding.

If parents do not legally appoint a Guardian and there are no other family members able to care for the child following their death, then the Court may appoint someone else instead and this may not always be the person that the late parents would have intended/wished to care for the child originally.

Also, parents must be aware that appointing a Guardian is only expressing one’s wish and if, following the death of both parents, other family members intervene and wish to care for the child themselves, then there may be a legal battle as the priority of the Court will always be what is in the best interests of the child. Professional expert advice will need to be taken from a specialist childcare solicitor to advise further at that stage, should the situation arise.

In summary, if you have young children and you would like the peace of mind of knowing what arrangements will be in place in the event of your untimely demise, you need to check your Will to ensure that you have included an appropriate guardianship provision.  If you have not made a Will or do not have suitable provision in your existing Will, you should seek suitable advice as soon as possible. Do remain aware that appointing a Guardian is purely expressing a wish and that depending on the circumstances of the case post appointment and most importantly post death, Children Act proceedings may arise subsequently in the event of a dispute.

Please do not hesitate to contact one of our experts if you need additional advice and guidance in this regard.

CAPTION: Sophia Mellor, Associate Solicitor in the Family Department

A Leamington litigation lawyer, who started work as a butcher’s boy after leaving school, is now celebrating 40 years with Leamington solicitors, Blythe Liggins.

Darryl Barnes is a key member of the firm’s dispute resolution team, using his wide experience of acting in the County Court, High Court and Court of Appeal to represent both claimants and defendants.

But his time with the firm did not get off to a promising start. “I was two hours late for work on my first day!” he said.

He was driving to Blythe Liggins in his Ford Cortina when he was flagged down by a motorist who saw petrol pouring out of the tank.

“I had to find a place where I could park over a drain so the petrol wouldn’t flood the road. Then I had to wait for the fire brigade and then get the car to a garage. It wasn’t the most auspicious start to a new job but fortunately the firm was very understanding!”

Darryl was joining the solicitors after spending five years with a Coventry law firm, which he had joined as a trainee.

“When I was at school in Rugby, I used to deliver meat for a local butcher before going to school each day. I sometimes also helped out in the shop on Saturdays so, when I left school and was wondering what career to follow, I spent six months working as a butcher’s boy while waiting to get a placement with a law firm,” he said.

But it hasn’t all been plain sailing. In 1989 he was struck down with cancer and fought a long battle for two years, during which time he also developed sepsis and then became one of the first 20 people in the UK to receive stem cell treatment for his tumour.

“The firm was absolutely marvellous and supported me the whole time, through months of gruelling chemotherapy and radiotherapy and my transfer to a London hospital where they were in the early days of using stem cell treatment.”

Today, Darryl, a keen motor racing fan, keeps fit by walking miles along canals and through the countryside, often with his wife and two children.

“It’s been a rollercoaster ride but I’ve enjoyed every minute of – well, most of it!”

 

CAPTION: Darryl Barnes, Litigation Lawyer at Blythe Liggins

An expert at a Leamington law firm has cautiously welcomed plans by the government to restart the house-buying market. Homebuyers and sellers had initially been told to delay completion on deals until lockdown ends. However, estate agents were given the go-ahead to reopen offices and arrange property viewings as of last Wednesday following a slight easing of restrictions.

Tim Lester, partner at Leamington-based Blythe Liggins, which is a member of the Law Society’s conveyancing quality scheme (CQS), said that while the restart is a welcome shot in the arm for the market, people should be aware there won’t be an immediate return to normality.

He said: “Throughout the pandemic to date, we have endeavoured to support the sales process as far as possible and make every effort to help clients due to complete on properties.

“This changing gear in terms of the market is very welcome news. Progressing transactions may not be as straightforward as they were pre-lockdown but we have adapted, and will continue to adapt, to the change in climate and do what we can to work with clients and agents to facilitate moves.”

As part of the ‘new normal’, conveyancers have been told to carry out as much of their business as possible remotely and, where client meetings must take place, measures should be in place to ensure appropriate social distancing and hygiene.

Tim said: “The process could well take longer than pre-lockdown due to restrictions still in place, so I think potential buyers and sellers need to bear that in mind.

“To try to lessen the effects, we would encourage sellers to instruct upon marketing, rather than upon acceptance of an offer, as a lot of timesaving work can be carried out during that preliminary period, thus helping us make the process as smooth as possible.”

Contact Tim if you would like further advice on 01926 831231.

As the pandemic continues, local law firms have reported a huge surge in the number of people wanting to write their wills.

As the Law Society attempts to put pressure on the Government to relax the rules about witnessing wills, local lawyers have been innovative in meeting the demand for new wills, or the updating of existing ones.

Donna Bothamley, Head of Wills and Probate at Leamington solicitors Blythe Liggins, is one of those introducing news way of getting the document signed, whilst observing strict social distancing.

She said: “A global pandemic certainly concentrates the mind, so it’s not surprising that we are seeing a huge increase in the number of people seeking our help.

“The difficulty is that wills have to be signed in front of two witnesses, who must then also sign the document – which is tricky when following demands for social distancing. We’ve actually had clients and witnesses signing wills on a car bonnet outside our offices, or sitting on the bench we have provided.

“The initial contact can be made by telephone or email and then instructions can be given over video calls. We can then arrange for the will to be signed at our office, where we will arrange safe social distancing. Alternatively, if they are self-isolating, we can arrange for the will to be signed at home with two neighbours, acting as witnesses, looking over the garden fence – at a safe social distance – or through a window.”

Mrs Bothamley said there is also a sharp rise in the number of people setting up Powers of Attorney documents, in case they become ill and required a family member or someone else to manage their affairs.

 

CAPTION: Donna Bothamley, Partner and Head of Wills & Probate

It may take a little longer than usual, but you can still secure your dream home…..

The Covid 19 pandemic has had quite an impact on the property market and if you are in the middle of moving house right now it can be difficult to decide what to do.

There are currently no formal restrictions on moving home although the guidance from the Government is that where possible buyers and sellers are encouraged to delay moving until stay-at-home measures are no longer in place. If the house you are moving into is empty you may proceed so long as you can observe social distancing and self-isolating rules. Removal companies have been advised to cancel all but the most essential moves so the practical logistics need to be considered carefully.

If you have already exchanged contracts then you should seek advice from your solicitor to see if it is possible to delay completion with the agreement of other parties in the chain.

If your mortgage offer is due to expire before you are able to complete then you should contact your mortgage lender or financial adviser to see if they are able to extend your offer until restrictions ease.

If you already have a mortgage and are not able to make payments your lender may agree to delay payments. However it is important to consider that missed payments and interest will be added on to the balance of your mortgage and future monthly payments may be higher.

In these uncertain times it is important to seek advice on how to secure your dream home.  We are still working, although behind closed doors, often progressing matters to the point of exchange, so that when restrictions are lifted completion can take place quickly. We are always ready to discuss your present or future property move so please do not hesitate to get in touch.

 

 

A Law Commission report published this week makes a number of important recommendations for changes to the powers and jurisdiction of employment tribunals. It recommends enlarging employment tribunals’ jurisdiction to include breach of contract claims during employment; raising the limit on breach of contract claims to £100,000 (up from the current limit of £25,000); and extending the time limit for all employment claims to six months (currently the majority of claims must be brought within 3 months).

Blythe Liggins’ employment lawyer, Richard Moon says:

“Although the Law Commission has no power to change the law, its recommendations are expected to be considered by the Government in due course and in the past, more than two-thirds of its law reform recommendations have been implemented”

“These changes, if implemented, could lead to a surge in employee claims”

Most businesses will have a standard insurance policy sold to them by a broker or bought direct from an insurer.

In many such policies you will find a section insuring the business for business interruption. Within that section the business may have cover if it is forced to close because of a contagious disease.

If you are a business closed because of coronavirus you should check your policy wording and contact your broker or insurer.

If you are not satisfied with their response please contact Richard Thornton at Blythe Liggins. We have an experienced team of dispute resolution lawyers who are here to help.

 

Every business has been impacted by the Coronavirus pandemic. Those businesses worst affected will be looking at their options including cutting costs, restructuring and making redundancies. But these are tough decisions and employees will be fighting for their livelihoods. An employer may well decide that a settlement agreement is the way to go to avoid the risk of an employee claim.

Blythe Liggins has had a specialist employment law team for over 25 years. We have helped many businesses through difficult times and have prepared bespoke settlement agreements in the toughest of challenging situations.

Blythe Liggins is here to help you.

If your business needs help with the tough decisions then please contact Richard Moon.

CAPTION: Richard Moon, Partner and Head of the Employment Law Department