Personal Law

New law caps tenancy deposits and regulates letting fees

March 11th 2019
 

By Laura Bright Solicitor  The Tenant Fees Act that caps tenancy deposits and protects against unfair practices has now received the Royal Assent and passes into law. The government introduced the new regulations because it believes that unexpected letting fees and high deposits can make properties harder for people to afford and are often not clearly explained upfront – leaving many prospective tenants unaware of the true costs of renting…

Court corrects costly tax error in family’s trust fund

March 8th 2019
 

By Claire Wilson Associate Solicitor The High Court has allowed a family to correct an error in a trust fund that would have had costly tax implications. The case arose out of financial arrangements outlined in the will of a man who died in 2015. He bequeathed £4.2m to be held on trust for the benefit of his widow and his children, with a class of discretionary beneficiaries comprising of…

Claire Wilson, Cartmell Shepherd Solicitors

Probate fee increase

March 6th 2019
 

By Laura Wilson Following the death of an individual, in some circumstances it is necessary for the Personal Representatives (the people responsible for dealing with the Estate) to apply to the Court for a document known as a Grant of Probate (GoP) to allow them to obtain the deceased’s assets. Currently, the Court fee for obtaining the GoP is set at £155 if applying through a Solicitor or £215 for…

Laura Wilson, Cartmell Shepherd Solicitors

Why your child has a legal right to be heard in divorce proceedings

February 28th 2019
 

Laura Ousby Solicitor Every parent wants the best for their child…but sometimes in the emotional turmoil of a divorce, that natural protective instinct can become a little blurred. It means that in some cases, children are caught in the cross fire between warring couples.  They can feel as though they are being overlooked and that their views are not being taken into account. A survey by the family law group…

Can I sue if my child is injured at school?

February 18th 2019
 

By Carol Fish Director and Head of Serious Injury Department When a child is injured at school can the school be held liable and as a result compensation claimed? In the recent case of Pook v Rossall School 2018 EWHC 522 (QB) this very point was raised. This case involved a pupil who having been encouraged to run to her sports lesson, slipped on some mud and fell injuring her elbow.…

Carol Fish

Child arrangements – what is normal?

February 11th 2019
 

By Laura Ousby Solicitor One of the most common questions I am asked when I meet parents who are going through separation or divorce and are looking to make arrangements for contact with their child is “what is normal?” My usual response is that there is no “normal”.  Every family is unique and to suggest something is “normal” can lead parents to make arrangements that are unsuitable and do not…

Key points to consider about pre-nup agreements

February 1st 2019
 

By Julian Nelson, Director & Head of Family Law Pre-ups used to be associated mainly with the rich and famous, but they’re now being used by couples from all walks of life. They are particularly popular with people entering second marriages who want to safeguard their assets for their children from a previous relationship. People who have inherited money or perhaps been awarded compensation for an injury or employment claim…

Julian Nelson, Cartmell Shepherd Solicitors

Musician awarded £64,000 after being injured in accident

January 30th 2019
 

By Carol Fish Director & Head of Personal Injury A musician has been awarded £64,000 compensation after suffering injuries to his hip in a road accident. The collision happened when he was riding his scooter on a main road and was attempting to turn right on to a minor road.  He was hit by a 4×4 vehicle entering the main road from the minor road. He fell and landed heavily…

Carol Fish

Advising the Agriculture Sector on Future Proofing Their Businesses

January 22nd 2019
 

THE focus of the agricultural world was tuned into a unique event which tackled challenges and opportunities in the sector against the backdrop of an uncertain post-Brexit economy. More than 125 people packed into The Shepherd’s Inn at Rosehill, Carlisle, for the Future Proof Farming event, which was a collaboration between four major organisations. Legal firm Cartmell Shepherd joined forces with accountants Armstrong Watson, The Cumberland Building Society and The…

What is a reasonable excuse to breach child arrangement order?

January 21st 2019
 

By Laura Ousby, Solicitor A Child Arrangements Order is a court order regulating arrangements with whom a child is to live, spend time or otherwise have contact and when a child is to live, spend time or otherwise have contact with any person and is usually the last resort when arrangements cannot be agreed amicably. It is most common for such Orders to be made between mums and dads. The…

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