Author: Aston Bond Law Firm

Inheritance Law

Posted on by Aston Bond Law Firm

Aston Bond Solicitors provides valuable services to English and Turkish clients regarding their estates situated in Turkey and in the UK.  Our services include drafting wills, obtaining probate, dealing with distributions of estates between beneficiaries, and any other cases which might arise between beneficiaries and/or beneficiaries and executors. Aston Bond also advises many predominant Turkish law firms for their clients who have estates in the UK and vice versa.

Tulin Kiranoglu, Solicitor & Tax Advisor

tkiranoglu@astonbond.co.uk

A Guide to Assembling a Court Bundle

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When presenting a case at Court or Tribunal, it is vital that the bundle is in order. The bundle should enable all parties, and most importantly – the judge, to easily navigate through the relevant documentation. Below are some tips for preparing a Court bundle:

  • Where possible use chronological order.
  • Do not duplicate documents within the bundle.
  • Ensure your documents are relevant to the case.
  • Use a binder which is both easy to access and well fitting with the documents.
  • Ensure all the pages are the same way up.
  • Use simple ordering such as “1, 2, 3, 4.”
  • Remember not to skip or double up numbers on your pages.
  • Do not repeat e-mails; simply use one chain of all the e-mails you are using as evidence.
  • Always use A4 paper.
  • Do not highlight sections of the text yourself.
  • Do not use an excessive amount of dividers within the bundle.
  • Where possible use (an agreed) typed version of a handwritten document.
  • Avoid four-ringed binders; this makes it simpler to add extra pages in Court.
  • Do not staple documents unless necessary.

Dion McCarthy, Litigation & Employment Solicitor Advocate

dmccarthy@astonbond.co.uk

Dion McCarthy specialises in litigation and employment law matters. To contact Dion, who is based in Slough, please call 01753 486 777 or email info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

How Obama Is Hitting Back At Patent Trolls

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Apple and Samsung have become as famous for their patent disputes as they have their technological innovation over the past years as have many other big manufacturers. However, in the past ten years a new industry has been appearing with patent registrations growing at a rapid rate; the patent trolls. A patent troll is an individual or company which is seen to be licensing patents with the intent to make money from it through court cases against possible infringer’s. As both technology and communication innovation has rapidly grown over the past ten years more of these “patent trolls” have surfaced; however, the Obama administration is now hitting back.

In a recent daily press briefing by the Obama administration a spokesman of the White House highlighted the need to calm the patent disputes industry which many believe is holding the United States technological innovation back. The aim? To cut down on excess litigation and further allow innovation throughout the United States industry’s.

The move for the U.S government was seen as ground braking by many; the White House often leaves the U.S legal system to Congress, however, the recent press briefing highlights just how serious the U.S government takes innovation on its home turf.

However, this is likely to change very little. It will now be down the decisions made by Congress in weather the current law needs reviewing or not. Many technology firms around the world (many based in the U.S) see patents as vital for their businesses security; however, many also consider the current legal system to be a way for patent trolls to make money from others innovation.

The patent dispute is certain to continue with many large commercial brands continuing to fight over patents around the world. With further commercial innovation comes the likelihood of further patents being registered by companies such as Apple, Samsung, Dyson etc.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Aston Bond’s solicitors in Slough specialise in intellectual property law and can assist clients across England and Wales with copyright law, trademark registration and more. To talk to our intellectual property solicitors in Slough now and protect your business please call 01753 486 777 or email info@astonbond.co.uk. Alternatively, you can visit our offices at 135 High Street, Slough, Berkshire, SL1 1DN.

Report: CPS Weakening Under Lack of Resources

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A new report investigating the workings of the Crown Prosecution Service; who are currently responsible for public prosecutions relating to criminal cases in England and Wales has found that a lack of resources is currently weakening the court system and effecting overall preparation for court cases across England and Wales.

The report by the HM Crown Prosecution Service Inspectorate has found that the overall quality of persecutors was increasing; however, individual cases need to be speed up throughout the court system. The report also went on to state that a lack in resources has caused court case preparation to crumble under the pressure as the CPS cut staff numbers due to funding cuts of around 27%.

The report then went on to state that, “Contested cases were being prepared only a few days before the trial”; suggesting a total lack of both preparation and communicating within the court system throughout England and Wales. The report also went on to point the finger at Police officers throughout the country, claiming that the Police were taking the wrong decisions weather to charge a suspect or not; the report then went to to say this should be the responsibility of the prosecutor.

When the CPS gave a statement they said,  “We have had to make savings of 27% to our budget, but we are achieving this while both protecting frontline teams and improving performance.” One member of the Bar Council then went on to say that the CPS were being striped to their bare minimum.

One cause of these issues over the past two years is certain to be the cuts made within the CPS and as highlighted in the report both a lack of communication and lack of preparation; which all causes the court proceedings to slow. The full report can be found here.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk 

Is Whole-Life Imprisonment About to Become Illegal?

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In a recent decision made by the Strasbourg European court it is now considered that a whole-life imprisonment is against a persons human rights. According to the Strasbourg a whole-life imprisonment will go against Article 3 of the European Convention of Human Rights and a whole-life imprisonment goes against the rights of a person by treating them inhuman.

Since the original statement was given by the Strasbourg board it has caused a dramatic media hype with many questioning if a person who has been imprisoned for life have the right to human rights at this level.

Within the statement given the Strasbourg court went on to say, “For a life sentence to remain compatible with article 3 there had to be both a possibility of release and for reviews to take place.”

While such views expressed by the Strasbourg court have attracted many mixed opinions the statement will not change how the law system currently works across England and Wales. The UK government, in particular, are very likely to fight against such views.

This statement comes after three notorious murderers,  Jeremy Bamber, Peter Moore and Douglas Vinter all stated that they believed a whole-life imprisonment was against their human rights.  At the present time, a person is able to be imprisoned for a whole-life sentence without review or the possibility of being released; if the law was to follow the statement from Strasbourg this would no longer be a illegal for of imprisonment. However, many imprisoned criminals still have the ability for their case to be reviewed by the courts and a release may be ordered in the present system.

If changed the law could then state that a person can only be imprisoned for a whole-life sentence if their case is reviewed at certain periods and if they have the possibility of a release at the courts discretion.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk

Aston Bond Raises Money For CRY UK

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Cardiac illnesses in the young is a growing concern among medical specialist around the world and here in the UK the Cardiac Risk in the Young charity are working day and night to prevent such tragic illnesses and also support individuals and their families after such a life changing tragedy takes place. CRY UK work to reduce the chances of a un-diagnosed heart condition in the young changing their lives forever. This past week the team of Aston Bond solicitors came together to raise money towards this great service CRY offer to thousands of children around the UK.

The Aston Bond team came together to raise money for CRY UK in Slough’s town centre in-which we raised over £1,300 through online and offline donations. 100% of our collected donations went directly to the CRY UK charity to support the charity throughout the next year to save and protect thousands of young lives.

Not only did we raise a great amount for a great charity but we also had a great day with the general public. Our home made cake selection were a success with the younger audience throughout the day and our very own Bondman attracted attention from the walkers by.

Our team of solicitors left their ties back at the office to hand out both balloons and cakes  to the local community of shoppers. Aston Bond partner Stephen Puri could be found alongside our cake stand all day  along with entire team from Aston Bond.

In all, the day was a huge success and we plan further events in the near and far future here at Aston Bond. With our total funding of over £1,300 the day was nothing but a success; and we would like to say thank you to all our supporters throughout the day. For information on future events head over to our dedicated events page!

 Ashton Hudson, Online Marketing Executive 

ahudson@astonbond.co.uk

 

Malicious Prosecution Law Receives Dramatic Changes

Posted on by Aston Bond Law Firm

A recently announced decision made by the Privy Council has made dramatic changes to the law regarding tort of civil malicious prosecution within English law. A malicious prosecution is labeled as a legal process initiated for no probable cause other than the personal attack of an individual or to discredit that individual or an individual company. The recent decision now enables a victim of such a malicious prosecution to claim and recover financial damages caused by this libel.

The decision taken by the Privy Council now enables an individual or company to re-gain damages caused during this malicious prosecution if the original “malicious case” put against them was considered unsuccessful and seen as an attempt of defamation.

Beforehand an individual or company was limited to the damages it could reclaim financially; however, this new announcement will allow an individual or company to sue for all foreseeable financial damages that the previous “malicious prosecution” may have caused. These financial damages may include the loss of business or the unwillingness of others to employ that individual because of this recent wrongful prosecution.

For the average individual or business this means that they now have the legal right to recover all economic damages which may have been caused from a wrongly initiated prosecution within England. This is only if the original prosecution was seen as malicious by the court and was unsuccessful.

For solicitors this now allows their clients to push for a prosecution against an individual or company if their previous prosecution was seen as malicious by the court. Our solicitors can offer further information relating to malicious prosecution law.

Ashton Hudson, Online Marketing Executive

ahudson@astonbond.co.uk 

Do statutory declarations excluding the security of tenure provisions of the LTA 1954 have to be provided by all tenants?

Posted on by Aston Bond Law Firm

Assuming the tenants are not in partnership or members of any form of legal entity, the starting point is that each tenant must provide a separate declaration or statutory declaration. However, Schedule 2 to the RRO 2003 provides that such declarations can be made by someone authorised by the tenant.

It is clear that the reason for this provision is that companies can only make such declarations through an authorised person. However, what is not so clear is whether a group of individual tenants could use the same process.

At the time of writing, we are not aware of any case law on this point. However, our interpretation of the legislation, is that it should be possible. With the caveat that if a landlord is to accept a statutory declaration made by only one tenant, the landlord should be satisfied that the tenant has done so with the proper authority of all the tenants i.e. by way of an express statement from the person making the statutory declaration. 

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

Employment Tribunal Fees

Posted on by Aston Bond Law Firm

As of 29 July 2013, employees wishing to bring a claim at an Employment Tribunal will have to pay Employment Tribunal fees.

The Employment Tribunal fees shall be divided into two groups:

  • Type A – for money claims i.e. redundancy and salary arrears
  • Type B – for all other claims i.e. unfair dismissal and discrimination

Claimants will have to pay the fees in two stages; initially when issuing an Employment Tribunal claim and secondly 4 – 6 weeks before the final hearing.

The Employment Tribunal fees are as follows:

  • Type A issue fee – £160
  • Type A hearing fee – £230

 

  • Type B issue fee – £250
  • Type B hearing fee – £950

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk

Withdrawing a resignation?

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There are no formal requirements for a resignation and there is no need for the employer to accept a resignation. Once an employee has resigned, the basic position is that unless the employer consents, an employee cannot withdraw his or her resignation.

If an employee resigns (that is resigning unambiguously) in the “heat of the moment”, then special circumstances can apply. An employer should investigate the matter and ascertain the employee’s true intention. An employer may allow the employee a cooling-off period in order to ascertain if any other matters arise to cast doubt on whether the employee really meant to resign. What is reasonable will depend upon the facts of the individual case.

Dion McCarthy, Trainee Solicitor

dmccarthy@astonbond.co.uk