Author: Aston Bond Law Firm

Its not all festive cheer at Christmas time in Family Law

Posted on by Aston Bond Law Firm

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 “D-Day”. 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

Expression of opinion vs defamation – bad TripAdvisor reviews

Posted on by Aston Bond Law Firm

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?

Posted on by Aston Bond Law Firm

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

Wearable technology – what are the main legal issues?

Posted on by Aston Bond Law Firm

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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

jchapman@astonbond.co.uk

Aston Bond’s Halloween 2014

Posted on by Aston Bond Law Firm

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.

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Divorce, what is it like? What Aston Bond can do to help.

Posted on by Aston Bond Law Firm

It sounds strange, but as a divorce lawyer you never know what your clients will throw at you.

The other dreaded D word- DIVORCE.

This normally means fundamental changes, upheaval and pretty much the only guarantee is certain uncertainty  for the very immediate future.

Everyone knows someone who “got taken to the cleaners- by their better half or in some cases their lawyers”. It can make  sane people reach for the prozac, a bottle or sometimes both. The truth is it is never an easy step to take. I would compare it to the analogy of having to visit your dentist to have some root canal work carried out. It is painful. Emotionally and financially. However once the pain wears off you can be glad its over and that you took the initial step to do it.

I have never had a client who regretted getting a divorce. The only regret is that they wished they did it earlier and didn’t spend hours talking to “friends, colleagues, people down the pub” giving them their stories that have nothing to do with your individual circumstances. It’s a FACT that each case is different so you cannot generalise.  By the very nature of what you are doing it is not going to be a wonderful experience but it is a FACT that most families move forward and have no regrets. This includes children, who wish their parents had divorced a long time ago.

Studies from adults with parents whom had “unhappy marriages” and ‘put off’ divorcing to keep the family together, wish that their parents had divorced sooner.

Children are more perceptive than we give them credit for. They can see unhappy parents, and sometimes as adults feel guilty that their parents may have sacrificed their happiness to keep the family together.

A good lawyer will empathise with you and not force you to take any rash decisions. This is why  ASTON BOND offer consultations for you to “test the water“ and get  sound advice. For example most people think they have to go to court to get a divorce. It’s a FACT that most divorces are paper exercises and not contested.

Sometimes a little knowledge is a dangerous tool  so always go to a qualified lawyer when it comes to obtaining a full understanding of what’s involved and of course as Malcolm Ford said in preschool (son of Harrison Ford);

“ My daddy is a movie actor and sometimes he plays the good guy, and sometimes he plays the lawyer!“.

Well that’s Hollywood fiction for you… but  it’s the lawyer that can help you get what you want.

 

Monisha Ferguson, Senior Family Solicitor

Aston Bond’s Landlord & Tenant Seminar

Posted on by Aston Bond Law Firm

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Aston Bond hosted a Landlord & Tenant Seminar on the 25th of September 2014. The seminar covered many topics including Section 8 and Section 21 notices.

We received fantastic feedback from the attendees, with many left wanting more! The feedback received will be essential to make the next seminar an even bigger success.

Alongside talks from solicitors Dion McCarthy and Jagdeep Sandher, the seminar provided a useful networking opportunity and gave us the chance to meet with existing contacts, whilst being introduced to others from the industry.

The team here at Aston Bond all enjoyed the opportunity to host the event, and we would like to thank all attendees for helping to make the event a success.

We will be hosting many more seminars in the near future, for more information please email info@astonbond.co.uk.

If you would like to request a copy of the presentation used on the night, please email jchapman@astonbond.co.uk

 

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Feedback received on the night: 

“Excellent speakers, superb welcome”

“The presentation was informal but practical”

“Delivered clearly and succinctly”

 

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Watch the seminar below:

 

Inheritance Tax – How to make the most of leaving wealth

Posted on by Aston Bond Law Firm

Inheritance Tax Man

Many people are of the view that they spend many years accumulating their wealth so why should they pay tax on it when they die?

However that is often the case with the basic rule being the part of any net estate over £325,000 is subject to tax at 40%. Given the continued increase in house prices in recent years this covers more and more estates. The £325,000 limit used to rise on a regular basis each tax year but unfortunately has not done so since the last election. Some easy options to reduce the effects of the tax are as follows:

 

1. Give as much away as possible! If you do not need the money in your lifetime and were going to give it to someone anyway then if you give away a large amount at least 7 years before death then no tax is payable will be payable on that amount.

2. Certain gifts are exempt in any event – up to £3,000 in any one tax year, usual Christmas/birthday gifts and certain gifts to family on marriage

3. Charitable gifts – these reduce the net tax payable on your estate. If you give more that 10% of your net estate to charity the rate reduces to 36% and any charitable gifts are tax free so reduce the overall tax payable

4. Be aware of “Unused spouse threshold”. In the event that your spouse predeceased you and did not use his/her full allowance it may be possible to substantially reduce the tax payable by transferring the allowance to the second spouse to die. In a recent case a lady had died having been pre-deceased by her husband in 1975. Having transferred his possible allowance the tax on the lady’s net estate was reduced to nil.

5. There are also various specialist allowances for farms and businesses and we would be happy to discuss these with you.

 

For further help and assistance please call 01753 486 777 to arrange an appointment.

 

Helen Barnard, Senior Solicitor

 

‘Marilyn Monroe’ comes to Aston Bond

Posted on by Aston Bond Law Firm

Link to the article from the Slough Express

Stephen and Marilyn PaperBizarre birthday surprises have become a tradition at Aston Bond, 3 years ago, an anonymous group of employees had an interesting birthday cake designed for their boss Stephen Puri, one such that is suitable only for mature pairs of eyes only. They thought that their boss would appreciate the design of the cake. Apparently he did not!

Not deterred by their boss’s less than impressed reaction to the rude cake, the following year the group of employees had a birthday cake designed of the CEO’s face.

Last year, in keeping with the newly formed tradition, the group of employees had a life size cardboard-cut-out designed of the CEO, which now takes pride of place in the office.

This year, with expectations at fever pitch, the anonymous group of employees (believed to be growing by the year) thought that they would go all-out.

The group called upon Suzie Kennedy, a world renowned Marilyn Monroe lookalike, to attend the firm’s office and sing Stephen happy birthday. The Marilyn Monroe lookalike appeared, to Stephen’s shock, singing “happy birthday Mr President”, during an end of month staff lunch. Marilyn also sang “I wanna be loved by you” and “My heart belongs to daddy”, truly living up to Marilyn Monroe’s iconic status.

A huge cake was also designed of the firm’s new offices on Windsor Road, Slough – another fantastic surprise.

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Stephen said, shortly after the performance, that he was rarely short of words but on this occasion he was certainly speechless!

The group of employees who organised the event were delighted with the success of the event and most importantly, the shock caused to their boss! Rumours have already begun about what next year’s instalment will bring…

 

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