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We take this opportunity to wish you a Merry Christmas and Happy New Year!
Author: Aston Bond Law Firm
Its not all festive cheer at Christmas time in Family Law
So its that time of year again. You’re likely looking forward to the festival period as quality time to spend with the family. No more crushed commuters, deadlines, presentations and general work stress. You’ll be glad to turn your office phone off for at least 48 hours, and you look forward to having the mother-in law over, oh happy days.
Its about fun at home with friends and family. Making mulled Wine (hopefully you have cinnamon at home), enjoying indulgent treats, listening to the kids singing around the Christmas tree, baking mince pie’s, or waiting for your on-line delivery to arrive. This also involves concentrating on being aware that the doorbell may ring between 10.30am and 11am, whilst you’re cleaning the family silver. Perhaps if you are lucky enough to have this kind of experience at Christmas, you should relish every moment of it.
Well back to reality and there is a reason why family lawyers say January is the busiest month for new divorce inquiries. It has even picked up the term “DDay”. The first Monday back to work after the festival season, family lawyers are bracing themselves. Sometimes its the day after the kids have been dropped off to school, why is this the busiest month? For those that have domestic bliss, then exit here. If you are one of many that dread this time of year then you’re not alone.
Throughout the year, many of us are living the rat race, with no time to stop and think. Any problems that you may be facing in your marriage, are pushed aside for another day. The Christmas period may force you to really think about these issues that have been festering. Throw in the stress of extended family, money worries and its not just the Christmas pudding that lights up.
It is a sad reality that whilst this time of year is supposed to be full of laughter and cheer, many will be wondering if they really want to continue in relationships that unfortunately, do not make them happy any more. Sometimes it really is that simple. When all is said and done, life is short and as each year passes, this becomes a stark reality to many.
Couples are sometimes forced to spend time together and they realise that they quite simply have grown apart. The only thing keeping them together is the mundane routine, the children, the fear.
Any decent family lawyer will encourage you to think carefully about ending a marriage, whether its been twenty years or two. Rushing into a divorce is never a great step to take but you may want to weigh up your options and get a realistic idea of what is involved in the legal process.
So if you are finding that your Christmas is more festival fear than festive fun, fear no more
As a special offer, Aston Bond are offering a 30 minute FREE telephone consultation throughout the Christmas period and January with an experienced family lawyer. Whether you are looking to divorce your spouse, or just want to know what your options are, pick up the phone and give us a call – 01753 486 777. If you are going to take this step, then you need to make an informed decision without any pressure or worry with regards to paying thousands or making any hasty decisions.
Sometimes picking up the phone is the hardest step, but there is no pressure, just a chance to find out a little more about what your options are.
Monisha Ferguson, Family Solicitor
mferguson@astonbond.co.uk
01753 486 777
A Christmas Message From Aston Bond
Aston Bond wish you all a very Merry Christmas and a Happy New Year!
Watch our Christmas Video below:
Expression of opinion vs defamation – bad TripAdvisor reviews
Tony and Jan Jenkinson were fined £100 by the Broadway Hotel in Blackpool for a leaving a negative TripAdvisor review about it, where they described the hotel as a ‘rotten, stinking hovel’.
The hotel introduced a policy of charging people who left bad reviews with the hope of preventing customers from ‘defaming’ the business. After seeing the bad review, the hotel charged £100 to the couple’s credit card.
The hotel has now cancelled its policy after warning by Blackpool Trading Standards that it could be illegal and it has since refunded the £100 to Tony and Jan Jenkinson.
A further issue
Cases like this highlight a further problem with websites such as TripAdvisor and their effect on businesses. In its 14 years of existence, TripAdvisor has introduced the notion of public criticism of hotels, B&Bs and guesthouses that we are used to seeing for films or music. Although the case of Tony and Jenkinson, the bad review was genuine, the problem is that reviews on TripAdvisor can be posted without verification and so there is nothing stopping customers threatening bad reviews in order to get a discount.
We are left with trying to find a balance between someone’s ‘right to give fair comment’ and the reputation of a hotel, which could be unfairly tarnished if this ‘right to give fair comment’ was abused.
Final thoughts
It is unlikely, as we saw with the Broadway Hotel that hotels will be able to protect themselves from unfair reviews by introducing a policy, as this could be legally problematic. It seems a compromise between the consumer and the business is necessary, in that consumers provide genuine, honest opinions if they choose to leave a review, and for businesses to focus on improving the services they provide.
Stephen Puri, Chief Executive
What do I do if my buyer doesn’t complete?
When buying or selling a property, it is important to adhere to the contractual date and time for completion. Failure to do so, particularly where a chain of transactions is, can lead to chaotic results.
If a buyer fails to complete, you can pursue various remedies such a court order for specific performance, or an order for sale in the county or high court. If you wish to pursue a remedy in equity, you can also apply for an order for specific performance. Ultimately it will depend on what your end goal is.
If the buyer is unable to complete due to death or any other factors that can amount to a delay but not a failure to complete, the seller may not wish to rescind the contract or apply for an order to complete, immediately.
If the sale does eventually take place, the seller can then claim against the buyer for damages incurred due to the delay, such as rearranging removals and storage costs.
If, however, the buyer cannot complete for any reason, the seller can retain the buyer’s deposit and resell the property. The seller can then claim for any losses he may have suffered due to the failure to complete.
The most appropriate remedy will depend on the buyer’s situation and whether or not the buyer has the financial ability to reimburse the seller for any damages.
If you find yourself in a situation like this, our experienced team of solicitors at Aston Bond can advise you on the best course of action to take, depending on your situation. Call us today on 01753 486 777 or email us at info@astonbond.co.uk.
Amarjit Atwal, Trainee Solicitor
aawal@astonbond.co.uk
Good news for home-buyers at last! Stamp Duty Fee’s reform
Click here to see the infographic in full size
Home buyers will be pleased to hear that there is good news for them at last (apart from having wonderful solicitors). Stamp duty will now be banded in the same way as other taxes, so you will now not be moving into a higher percentage rate just because you pay £1 more for your property!
The bands are as follows:
£0 – £125,000 – no tax payable (as now)
£125,000 – £250,000 – 2%
£250,000 – £925,000 – 5%
£925,000 – £1,500,000 – 10%
£1,500,000 upwards – 12%
Below are some examples:
As before no tax payable on property at £125,000.
On a price of £185,000 the first £125,000 is tax free and 2% is charged on the remaining £60,000 – this gives a total of £1,200, a saving of £650 on the present system.
On a price of £510,000 – the first £125,000 is tax free and 2% is charged to £250,000. Then between £250,000 and £510,000, a charge of 5% takes place. This gives a total of £15,500 with a saving of £4,900 on the present system.
It is estimated that this will benefit 98% of people who pay stamp duty, with it being more expensive only for those in the higher price bands.
Here is a link to a fantastic stamp duty calculator that breaks down exactly the percentage you’ll pay under the new system: Stamp Duty Calculator
Helen Barnard, Senior Solicitor
hbarnard@astonbond.co.uk
Wearable technology – what are the main legal issues?
Wearable technology is tipped to be the next ‘big thing’ by many of the industry’s leading experts. Apple’s Watch and the controversial Google Glass are testaments to that, showing that wearables have the backing of the two tech giants of the world. But what are the legal implications of wearing such items?
These devices are connected to your internet enabled smartphones, and from there they have the ability to upload and download data. Due to their discrete nature, they have come under fire for breaching people’s privacy rights. For example, these devices can record high quality video, and snap images without others around them becoming aware. Their ability to film like this has led to many cinema company’s around the world calling for use of the devices to be banned whilst on their premises.
But what does the law state when it comes to their communication ability? A recent US case involved a Google Glass wearer who was caught speeding. As the police officer pulled her over, he noticed she was wearing the glasses and proceeded to issue her a ticket for breach of a ‘distracted-driving’ law. However, the driver was later cleared of these charges, even though the case continues to be positively referred to in other cases involving the use of illegal screens whilst driving.
The Department for Transport have issued a warning in regards to driving whilst using wearable technology. If an accident is caused, and a trace of messages or calls can be found in relation to that time period, police can prove that you were texting or using your wearable tech to send messages whilst driving. For example, if you were sending a message via your smartwatch, this would be considered illegal. However this can cause confusion, as many of these devices offer the same style of ‘hands-free’ mode that smartphones offer. There still is no direct law regarding the use of wearables when driving, but as the popularity of these devices increases, such legislation will certainly become required. Being caught behind the wheel whilst unsafely operating a device such as the Apple Watch would carry a fixed penalty notice of £100 and three penalty points. In more serious cases where accidents are involved, it could be taken to court where drivers face disqualification and a maximum £1,000 fine.
Another issue surrounding technology with the ability to record footage, is privacy. At what stage do these items start to invade our privacy beyond the point of our control? Anyone can walk through the street filming using one of these devices, but how does the law differ to filming using a more conventional camera? Well, surprisingly it doesn’t differ, and you can legally film in a public place without breaking any laws, as long as you are not doing it for commercial purposes, ie making money from the footage.
Does wearable technology scare you in any way? Or do you feel it’s another necessary step in the right direction? As a bit of a ‘tech geek’, I personally feel that being able to send a text message from your watch is an interesting concept, but I cannot help but feel that there will be many implications and laws that restrict their use.
Joel Chapman, Online Marketing Executive
Aston Bond attended the Research & Development Financial Initiatives For SME’s Seminar in Slough
The Team at Aston Bond co-hosted a successful seminar at the Copthorne Hotel in Slough on Thursday 30 October 2014, the event was related to the topics of Intellectual Property (IP), Research and Development (R&D) Tax credits and the Patent Box initiative. The event was hosted alongside HMRC, LDP Luckmans Accountants and R&T Consultants and achieved a fantastic turnout.
The topics were presented by specialists in the industry and were designed to illustrate the opportunities available to SME’s that are currently not being utilised. There are clearly tax savings in the form of tax credits available with the assistance of specialists and further initiatives open to SME’s that even we hadn’t realised!
Jagdeep Sandher spoke about what IP is, how it can be formed, protected and more importantly how it can be exploited and monetised. Attendees were shocked to realise that they held more IP than they had realised and that it could be protected.
Aston Bond shall be hosting further events on IP and shall be announcing them shortly, so stay tuned!
Aston Bond’s Halloween 2014
The team at Aston Bond got in the spirit of Halloween by dressing up. The variety of costumes was fantastic, and we had a great time in Slough High Street engaging with the community and handing out sweets! Alongside that we have been fundraising in for Destiny Support throughout this month. In total we have raised over £500 for the charity, all through Halloween themed activities.
Alongside the activities on Friday, we have been raising money through our themed reception area, and selling home-made cakes and themed drinks.
Congratulations to Amarjit and Nicola for winning the ‘best dressed’ awards.
Thanks to Paulo from Vision 2 Video for many of the fantastic pictures!
Click the photo below to see the full gallery of pictures on our Facebook page.
A birthday in the office
Today is Maz’s birthday and the staff have been treated to some Halloween cupcakes. Take a look at the images below:
https://www.facebook.com/AstonBondSolicitors/posts/980027912013143