Author: Aston Bond Law Firm

How does Social Media stand up in Court?

Posted on by Aston Bond Law Firm

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Social media is a huge part of people’s day to day activities, with Facebook currently seeing 1.37 billion monthly users. Facebook posts and Tweets that were made months, or even years ago are being documented and brought back as evidence in the courtroom. However, has social media been widely accepted by judges and the law as a legitimate form of evidence? There are certain aspects required to ensure that social media is acknowledged in the courtroom.

A 2010 case in the USA proved that social media has the capability to be used as evidence in court, and in this case it backed up claims that were being made by the claimant. An 18 year old woman was convicted of vehicular manslaughter and  to back up their claims that she ‘abused the use of alcohol’, the State used her Myspace posts to show that she ‘glamourized’ alcohol abuse through her written posts and pictures. The evidence provided through her Myspace pages led to her receiving an enhanced sentence.

Another recent example of social media use in the courts, was when a young girl on probation was photographed drinking in a bar, despite this going against the rules of her probation. The photo was then used as evidence at a probation violation hearing, showing once again the power of social media.

These are just a few of the many cases where social media has been used to provide evidence in the court, however certain guidelines should be followed in order to give the evidence the best chance of standing, here are a few:

Date and time stamps

Social media posts can VERY easily be deleted. For this reason, if individuals plan to use social media as a form of evidence for use with their case, they should always ensure that there is a clear date and time stamp. This will help to back up that the posts and account is theirs, and that they were the original proprietors of the information they shared on the account.

Verify that they own the account

Another key step is to verify that the individual is the owner of the account. Without this, there can always be a doubt as to whether it was the person who wrote the tweet or posted a Facebook status. After all, anyone can make an online profile under any name they like, and start posting pretending to be someone they aren’t. It is essential that the user is verified to be them, and that the account is secure.

Screenshots

Due to the ease of deleting posts from social media, screenshots should always be made and stored securely. This ensures that the evidence always remains, and it can’t just be wiped.

As time passes, social media is being accepted more frequently as legitimate evidence in court. Users should always be aware of what they are sharing online, as comments made several years ago can be brought back.

Joel Chapman, Online Marketing

‘Zombie Lawyers’ will be out on Halloween

Posted on by Aston Bond Law Firm

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‘Zombie Lawyers’ will be out and about in Slough High Street when the Aston Bond team parade in their Halloween attire on the 31st of October 2014 between 12:30PM and 1PM. The parade is all in aid of the charity Destiny Support, whilst also bringing some fun and sweets to Slough’s High Street. Aston Bond have a history of celebrating Halloween, and this year is no different. It is a spirited bit of fun with the serious purpose of raising money for local charity Destiny Support.

All those taking part have donated to the charity, and we’re asking the public to help us in our fundraising efforts. The firm has set a target of raising £250 by the end of the month for the charity through in-house sweet sales and online donations on our Local Giving Page.  We will also be raising money and accepting donations in return for sweets as we parade through Slough’s High Street.  The target is ambitious and there is a lot of work to be done, but the Aston Bond team feel that it is within reach as many individuals’s in the office could certainly be classed as ‘sweet tooth’s’! We will also be baking ‘Halloween Themed’ cakes and cookies to aid the fundraising for Destiny Support.

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Here is a small bit of history regarding ‘Trick or Treat’,  it is not the American fad many believe. It actually has its roots in pre-Christian Celtic times about 2,000 years ago when people believed that the dead returned to earth on Samhain. Bonfires were lit to pay homage to the dead. It also kept those dancing around the fire nice and warm, especially if they wore masquerade costume, just as they do today. The pagan Samhain festival is believed to have eventually become known as Halloween and merged with Christian All Souls Memorials. American settlers carried on the many winter customs including November Guy Fawkes Bonfire Parties and Halloween and made them their own with trick or treat. Naturally, children love to get the chance to dress up whilst getting sweets and therefore the ancient tradition was reborn.

We would love to see as many people out and about as possible, so come and join us in aid of Destiny Support and have some fun on October the 31st! We will continue to be fundraising in our reception as well throughout the month.

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

October Fund Raising at Aston Bond

Posted on by Aston Bond Law Firm

 

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Throughout the month of October and the run up to Halloween, Aston Bond will be fundraising for the charity Destiny Support , the charities Key Objectives are listed below:

  • Contribute to the Government’s agenda in raising skills and addressing worklessness.
    Regular review of service users needs to ensure the service user gets the best support available.
  • Implement policies on equal opportunities and diversity ensuring complaints are acted upon in a sensitive manner.
  • Engage service users in the way services are delivered.
  • Keep service users informed of what and how we deliver our services.
  • Respect individual rights to privacy and confidentiality.
  • Continuous service improvement through training, support and development for all staff.

 

We will be selling sweets to staff and clients in our reception, with all proceeds going directly to Destiny Support . Further to that, on Friday the 31st of October all staff will be coming to work in fancy dress (lots of pictures will be shared of this). Once we’re all dressed up, the staff will parade down Slough High Street to help raise awareness and money for the charity.

Aston Bond feel that the work Destiny Support do is fantastic,  and for the charity to remain active it is vital for them to be supported.

How YOU can help

Aston Bond will be raising money in our reception by selling sweets to clients and staff. Alongside that we’ve set up an online donations page  so you can support the charity online.

 

 

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The Monday Morning Commute

Posted on by Aston Bond Law Firm

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Two members of the Aston Bond team set off for work this morning, as if it was just a regular commute lasting a short 40 minutes, or so. However, due to signalling failures at Slough, two hours since setting off from their homes they still were not in the comfort of their office chair, instead in the rain at a bus stop in Burnham. The following represents the mornings events:

A mad dash round Reading Station proved fruitless, as trains were simply ‘too full’ to fit any more passengers on, hundreds were left stranded on platforms and in the station. Finally a train bound for London Paddington arrived with space for the hundreds (if not thousands) to get on, amid the madness we managed to board the train.

Things were looking up, until we reached Burnham where the train driver announced that we would not be reaching Slough for a period of time that he could not state. The train sat stationary at Burnham for at least 25 minutes, until we finally decided to get off and catch the bus to Slough, after following advice. As we stood waiting for the bus to arrive, we watched and then panicked as the train decided to pull away! The morning went from bad to worse, and the rain stayed far more consistent than they FGW Trains we regularly use to get to work. A groggy and slow bus ride finally got us to Slough Station.

As we arrived there were hoards of people who likely needed to get to Paddington, but just couldn’t due to the disruption. In that sense we felt lucky, as the people needing to reach London seemed to stand little chance.

A fantastic start to the week!

 

Joel Chapman, Marketing

 

Below is a display of people who were in the same boat:

https://twitter.com/NeilBassett2/status/519064216545001472

And my personal favourite:

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

 

Aston Bond takes on the Ice Bucket Challenge

Posted on by Aston Bond Law Firm

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On the 28th of August, the Aston Bond team undertook the Ice Bucket Challenge in order to raise money for charity. We are in support of the charity Motor Neurone Disease Association, their Just Giving page can be found here. The MND Association is the only national charity in England, Wales and Northern Ireland dedicated to improve care and support for people affected by MND, fund and promote research, and campaign and raise awareness so the needs of people with MND are addressed by society. Visit www.mndassociation.org.

 

Watch the video of our Ice Bucket Challenge and find out who we nominated!

Expanding waistlines could expand the definition of ‘disability’

Posted on by Aston Bond Law Firm

Recent studies have shown that the United Kingdom is home to some of the most overweight individuals in Western Europe – inspiring a hike in national incentives to get moving and a plethora of health foods and new gyms. Aside from the impact that our growing waistlines have on our lifespans, being overweight is increasingly making it difficult for some individuals to carry out their day-to-day tasks.

While being overweight does not fall into the classic definition of ‘disability’ under the Equality Act 2010, the Advocate General of Denmark has indicated that morbid obesity may be classified as a disability. In his opinion in Kaltoft v Kommunernes Landsforening (Municipality of Billund), the Advocate General claims that if a person is so morbidly obese that it hinders their ‘full participation in professional life on an equal footing with other employees’ then it may be described as being a ‘disability’.

While this opinion in itself is not binding, it will be taken into account by the Court of Justice of the European Union when they deliver their judgement later this year.

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Classifying morbid obesity as a disability would mean that many employers would have to ensure that the workplace is fully accessible for those who fall within this category. This could mean ensuring individuals who are morbidly obese can enter the work premises and have specialised equipment to suit their needs.

Perhaps of most interest is the fact that the Advocate General’s opinion proposes to classify all forms of morbid obesity as a disability, regardless of whether the cause of the obesity is the individual’s own excessive intake of calories or an unavoidable health problem.

 

Amarjit Atwal, Litigation Paralegal