Author: Laaibah Bhatti

An experience into the world of law

Posted on by Laaibah Bhatti

Throughout my work experience at Aston Bond, I’ve gained an incredible amount of valuable knowledge as to what it’s like working in the practice of law. When I arrived, the friendly team here were very welcoming which made me feel so excited for the week ahead.

The professional atmosphere within the office made me feel very focused at all times when completing tasks.

I was given many opportunities such as attending client meetings, writing the attendance note, and uploading all the documents afterwards. Being involved in the meeting gave me the opportunity to observe the conversation and dynamic which, as an aspiring solicitor, gave me a very valuable insight.

As there are so many different types of law offered at Aston Bond, it’s great to be able to explore all the different services from Family Law to Wills and Estate Planning to see which one interests you most, and an idea of the field of law you would be interested in studying. For example, I had the chance to attend a very interesting webinar on Employment Law, which for me opened an interest in that field.

I was also given challenges such as locating, checking and updating documents, and was also able to read through files, which really furthered my knowledge of the process involved in representing a client within a case.

The sociable feel of the office made me feel very included throughout the week, and I felt very comfortable asking any questions I had. I was greeted by smiling faces every morning which made my day begin very positively and made me very excited for the day ahead.

During my work experience, I have learned so much and thoroughly enjoyed myself. My confidence has definitely grown and I am now very keen to become a solicitor in the future.

I would recommend anyone with an interest in becoming a lawyer to complete work experience at Aston Bond.

The different routes into law

Posted on by Laaibah Bhatti

At Aston Bond, we spoke to three employees about why they chose a career in law and the different routes they have taken to become qualified and why?

Nicola Darby who specialises in Residential Property is taking the CiLex route in order to become qualified.

So Nicola, what made you decide to pursue a career in Law?

Actually, I fell into the Industry when I applied for a Business Development Role at Aston Bond 12 years ago. I have worked in a few roles over the years and realised that I love Residential Conveyancing there are options to become qualified, other than by the traditional routes.

What does the route you have taken involve?

You complete an online Course which results in a Degree as a Certified Legal Executive, which means I would become a Lawyer upon qualifying. There are exams every 6 months and the course can be done as quickly or as slowly as you like.

What advice would you offer to someone considering the CiLex route?

GO FOR IT!

If you are considering an alternative route to becoming qualified, this is a great option. You do need to know which area of Law you want to go into, as you become a specialist in that area. It offers a lot of flexibility for working parents like myself and can be moulded around your life.

Jaspreet Kaur specialises in Commercial Property and is taking the SQE route in order to become qualified.

So Jaspreet, what made you decide to pursue a career in Law?

Law is a complex and dynamic field that requires critical thinking, problem-solving skills, and constant learning, which I find enjoyable as I’m always up for a challenge.

What does the route you have taken involve?

The Solicitors Qualifying Examination (SQE) is a new route to qualify as a solicitor in England and Wales.  

This route consists of completing two multiple choice exams covering numerous areas of law and legal practice, ensuring I have Qualifying Work Experience in the legal practice areas, as well as covering many skills and legal practice examinations to ensure I’m able to perform daily solicitor practice.

What advice would you offer to someone considering the SQE route?

Research the SQE.

Take the time to thoroughly understand the structure, content, and requirements of the SQE. Familiarise yourself with the two stages of the examination, the assessment formats, and the qualifying work experience needed.

Kanchana Kumari specialises in Wills and Probate and is taking the LPC route in order to become qualified

So Kanchana, what made you decide to pursue a career in Law?

Law is a versatile field that heavily influences the way society operates and has the power to implement change which I am passionate about. 

What does the route you have taken involve?

The LPC (Legal Practice Course) was one of the traditional routes to qualify as a solicitor in England and Wales. It was a postgraduate course that law graduates needed to complete to gain the practical skills and knowledge necessary to enter legal practice.

The LPC consists of various core modules, including, Business Law, Property Law, Dispute Resolution as well as Professional Conduct and Regulation.

You are assessed through a combination of written exams, and you must incorporate a 2-year period of work experience, known as a Training Contract. During your Training period, you must also complete a “Professional Skills Course” (PSC) before your qualification date.

What advice would you offer to someone considering a career in Law?

Stay organised. Create a study schedule, keep track of assignments/deadlines, and manage your time efficiently.

Deathbed wills – Preparing a will when time is short.

Posted on by Laaibah Bhatti

Sometimes people can find themselves in a situation where they are suddenly taken very ill unexpectedly, and they may not have a Will in place to dispose of their assets after their death.

It is not too late to prepare a Will in this situation, provided the individual still has mental capacity.

Unfortunately, many Wills can be invalid as the Testator (the person making the Will) has not executed it properly, which may be due to failing health or the Testator does not know the legal requirements to execute a Will correctly. 

In a situation where death is imminent, Wills can be prepared in a hasty manner and mistakes can be made.  It is therefore very important that an experienced lawyer is instructed to assist in these situations to avoid any errors taking place and to help the Testator make their intentions clear.

‘Deathbed’ Wills can potentially be challenged by disgruntled beneficiaries that maybe didn’t get what they expected, or even nothing at all.  They might try to argue that the Testator lacked mental capacity or was under undue influence. 

This is another reason why it is important to have an experienced lawyer assist in the preparation of the Will, as they can document the situation and make it clear that the Testator was fully aware of what they were doing and there was no undue influence on them, which can be used in Court as evidenced if the Will was challenged later.

Should you require any further information regarding Wills then please do not hesitate to contact us on 01753 486777 or email lthomas@astonbond.co.uk our Private Client Solicitor.

Do you work from home?

Posted on by Laaibah Bhatti

In recent years, remote working has gained tremendous popularity. Traditional office-based work culture has turned into a more flexible and adaptable work environment. The advancements in technology also mean that employees can now perform their job duties from the comfort of their homes.

In 2020, the global pandemic played a massive role in accelerating remote working to ensure safety precautions for all.

However, employers want at-home workers in the office more. Working in the same physical space can enhance team collaboration, creativity, and problem-solving. Face-to-face interactions can lead to better communication and foster a sense of camaraderie among team members.

While remote work offers significant benefits, it also presents unique challenges for employers and employees when it comes to employment law.

Here are some key factors that both parties should consider:

  •  Employee Rights: Employees working from home retain the same rights as they would in a traditional office environment. These rights include minimum wage, rest breaks, paid time off, and protection from unlawful termination.
  • Employment Contracts and Agreements: If a company decides to offer remote work options to employees, it’s essential to update employment contracts and agreements to reflect the new work arrangement. Clear communication about expectations, responsibilities, working hours, and performance standards should be set.
  • Health and Safety: Employers are generally responsible for ensuring employees are working in a safe working environment. This includes addressing any health and safety concerns raised by employees.  It is important to note that such matters as a safe working environment with a computer and monitor at the correct height for instance, or proper chairs to prevent back-pain can fall within these obligations and employers may find themselves needing to provide such equipment to employees who need it in their homes.
  • Work Hours and Overtime: Ensuring work hours and overtime regulations is critical in a remote work setup. Employers must keep track of employee working hours, breaks, and overtime to prevent potential legal issues.  How this is done will depend on a case-by-case basis but employers will need to have a system in place in order to be able to show they have discharged this duty.

Working from home has transformed the way we approach work, providing flexibility and freedom that employees cherish.

Maintaining open communication with employees is essential to ensure that the remote work culture is working for both parties.

For any information regarding any employment matter, please contact Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or call 01753 486 777.

Child arrangements during school holidays

Posted on by Laaibah Bhatti

Schools out!

Most schools have broken up for the long summer holiday & you might be planning to take your child away abroad, but what if the other parent with parental responsibility disagrees?

Unfortunately, school holidays can sometimes cause issues relating to child arrangements.

Have you got a Child arrangement order in place?

A child arrangement order provides a clear and legally binding schedule for when and with whom the child will spend time.

This clarity helps both parents and the child understand their roles and responsibilities and reduces confusion and potential conflicts. It helps ensure that both parents have access to their child as outlined in the order.

The arrangement order will also provide predictability and consistency, which are essential for a child’s emotional well-being.

Coming to an agreement amid separation can be a challenge, but it is important to remember that confrontation and disputes in front of the children can have a huge impact on them. This is why it’s so important to prioritise your children’s well-being above anything else. Remember that contact should be for the benefit of the child.

If you are struggling to agree on summer holidays and arrangements for the children in general, it may be wise to allow third party intervention.

A solicitor can help you formalise arrangements with a Child Arrangement Order to help everyone understand their rights and obligations.

Contact our specialist team of Solicitors today on 0173 486777 or email lacourt@astonbond.co.uk.

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Posted on by Laaibah Bhatti

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Should workers have the right to switch off?

Posted on by Laaibah Bhatti

The Labour Party have announced that they plan to introduce a “right to switch off” for workers, in the event that they win at the next general election.

“Workers should be given the right to switch off when they have left for the day to ensure homes don’t become 24/7 offices.

Constant emails and calls outside of work should not be the norm and is harming work-life balance for many “ Labour has said.

The party also wants employees to have the right to flexible practices such as working from home which would allow people to spend more time with their families instead of commuting.

The  “right to switch off” resembles the legislation introduced in France in 2017, which gave all workers the right to disconnect from their work devices outside of normal working hours.

For some employers, the immediate concern might be a loss of productivity or service standards. When an employee’s productivity drops, the amount of work they produce or the quality of their work may decline. This can result in missed deadlines or delayed projects, potentially leading to dissatisfied customers.  Employers already have a duty of care towards their employees however so is such legislation even required? 

Charities and mental health experts say it most certainly is and that is perhaps a good indicator for employers. 

A clear working practice within the workplace and happy employees is bound to pay dividends in the long run for employers and no doubt business who do not take this on board will eventually struggle with recruitment and retention.  They key is to ensure that there are process and checks in place to prevent burnout in employees in the first place.  Employers should ensure that the demands placed on employees do not regularly require working in excess of an employees’ contracted hours.  Regular reviews and clear guidance in what is expected of managers are the first steps to implement here.

If you require advice on an employment-related matter, please do get in touch with Ilinca Mardarescu (Head of Employment) on imardarescu@astonbond.co.uk or call 01753 486 777.

Lease extension- simplified

Posted on by Laaibah Bhatti

Buying a leasehold property means at some stage you may be faced with needing to extend your lease.

The longer you own a leasehold property, the shorter the lease becomes and this can affect your property’s value as well as your ability to sell it in the future.

What is a lease extension?

A lease extension is a process of adding years back onto a lease and extending the time you have before the property reverts back into the ownership of the freeholder.

Owning a leasehold property means you own the right to live in a property for a set period rather than own the land it stands on. The land is owned by a freeholder or landlord who will charge a ground rent.

In most cases, leasehold properties are flats, where the overall building and land is owned by a freeholder.

Can I extend my lease?

Under statutory law, you can extend the lease on a flat by 90 years if you’ve owned it for more than two years and there were at least 21 years remaining on the lease when you bought it.

When should I extend my lease?

Generally, people extend their lease between 80 and 90 years. Usually, because they may be looking to sell in the future and want to make sure the property is mortgageable. 

What are the consequences of failing to extend your lease?

If any lease on a long leasehold residential property is not extended, it simply expires and runs out.

That could mean you have to leave your home and will certainly mean that you will no longer have any legal rights to any financial investment you have made.

If you want to discuss a lease extension on your property, our specialist team of solicitors are happy to help. Please contact us on 01753 486777

Notice to complete – what does it mean?

Posted on by Laaibah Bhatti

“Notice to complete” is a legal document that is typically issued by the seller’s solicitor or conveyancer to the buyer’s solicitor.

It is used in property transactions in the United Kingdom to set a deadline for the buyer to complete the purchase of the property.

When parties enter into a contract for the sale and purchase of a property, there is usually a completion date agreed upon. The completion date is the day when the ownership of the property transfers from the seller to the buyer, and the balance of the purchase price is paid.

If the buyer fails to complete the purchase on or before the agreed completion date, the seller can issue a notice to complete.

This notice typically provides the buyer with a specific period of time, often between 10 to 14 days, to complete the purchase.

The notice will also usually state that if the buyer fails to complete within the specified time, the seller may take certain actions, such as rescinding the contract, retaining the buyer’s deposit, and potentially seeking additional damages.

The notice to complete serves as a formal reminder and puts the buyer on notice that failure to complete within the specified time frame may have legal consequences. It is designed to encourage the buyer to fulfill their contractual obligations promptly and proceed with the purchase.

It is always advisable to consult with a qualified solicitor or conveyancer who can provide accurate and up-to-date advice tailored to your situation.

For all your property needs, contact our friendly team of solicitors at Aston Bond on 01753 486 777 or email kconner@astonbond.co.uk