Attending a legal consultation well-prepared not only helps you get the most out of your appointment but also allows your solicitor to provide timely and accurate advice. Here’s a quick guide on what to bring to consultations at Aston Bond.

Everyone should bring a photo ID and proof of address (e.g., utility bill, bank statement, etc) to their consultation. This is standard for compliance purposes.

Conveyancing:

• Property Documents: If you’re buying or selling, bring any documents related to the property, such as deeds or leasehold information.
• Financial Details: Information on mortgages, valuations, or deposit amounts will help your solicitor understand the financial framework.

Employment Law:

• Employment Contract: This provides your solicitor with a clear view of your rights and obligations.
• Relevant Correspondence: Bring any emails, letters, or records of communication between you and your employer, particularly if it involves grievances, dismissals, or disputes.
• Pay Slips and Work Records: These documents are useful for salary, benefits, and role clarification.
• Timeline of Events: A timeline of key events can help your solicitor follow the sequence and context of any incidents.

Private Client:

• List of Assets: Include property, bank accounts, investments, and valuables you’d like to discuss for your will or trust.
• Beneficiary Information: Names and details of individuals you wish to name in your will or trust.
• Existing Legal Documents: If you already have a will, trust deed, or power of attorney, bring these along for review.

Litigation:

• Correspondence and Documentation: Bring any letters, emails, or contracts related to the dispute.
• Evidence: Include any evidence that supports your case, such as receipts, photos, or statements from witnesses.
• Timeline of Events: A clear outline of key events, with dates, will be helpful in mapping the course of the dispute.
• Contact Details for Involved Parties: This includes anyone involved in the dispute, witnesses, or other relevant contacts.

Family Law:

• Marriage Certificate: For divorce or separation cases.
• Financial Documents: Bank statements, tax returns, mortgage details, and other financial documents will be essential for cases involving asset division or child support.
• Existing Agreements: Bring any prenuptial or postnuptial agreements or parenting plans if relevant.
• Children’s Information: Details like school records or important dates can help if child custody is involved.

Being well-prepared with these documents allows your solicitor to give tailored advice and keeps your case moving forward efficiently. Make sure to ask if any specific items are required before your appointment to save time on the day!

Buying a property in the UK is an exciting adventure, but it can also be a complex process. Thorough preparation is needed for a smooth transaction. Here are ten important things to consider before making your property purchase.

1. Determine Your Budget

Assess your finances to determine how much you can afford. Consider all costs, including the deposit, legal fees, stamp duty, and moving expenses. Use a mortgage calculator to get an idea of monthly repayments.

2. Get a Mortgage Agreement in Principle

Before you start house hunting, obtain a mortgage agreement in principle from a lender. This document indicates how much they are willing to lend you, helping you narrow down your property search and giving sellers confidence in your offer.

3. Choose the Right Location

Research areas based on your lifestyle preferences, such as proximity to work, schools, and amenities. Visit potential neighbourhoods at different times of the day to gauge the environment and community vibe.

4. Make a List of Must-Haves

Create a list of essential features for your new home, such as the number of bedrooms, outdoor space, and parking. Prioritise your needs versus wants to streamline your property search.

5. Research the Property Market

Familiarise yourself with current property prices in your chosen area. Check online listings and attend viewings to understand the market and determine fair offers.

6. Hire a Conveyancer or Solicitor

Appoint a qualified conveyancer or solicitor to handle the legal aspects of the property transaction. They will guide you through the process, including searches, contracts, and completion.

7. Conduct Property Survey

Arrange for a property survey to identify any structural issues or necessary repairs. A Homebuyer’s Report or a full building survey can provide valuable insights into the condition of the property.

8. Check for Leasehold or Freehold Issues

Understand the difference between leasehold and freehold properties. If considering a leasehold, check the lease length, ground rent, and service charges, as these factors can impact your purchase.

9. Consider Future Resale Value

While you may be focused on your immediate needs, consider the potential resale value of the property. Factors such as location, property type, and market trends can affect future selling prospects.

10. Prepare for Completion Day

As you approach completion, ensure you have organised your funds for the deposit and legal fees. Confirm the completion date with your solicitor and ensure that all paperwork is in order. Plan your moving arrangements well in advance.

By taking these preparatory steps, you can navigate the property buying process with greater confidence and minimise potential pitfalls. Whether you’re a first-time buyer or moving up the property ladder, being well-prepared will help you secure your dream home successfully!

For guidance on Residential Conveyancing matters, please don’t hesitate to contact Aston Bond on 01753 486 777 to speak to our expert Conveyancing Team!

As 5th November approaches, people around the UK are getting ready for bonfires and firework displays to celebrate Guy Fawkes Night. To make sure everyone has a fun, safe, and lawful evening, here are some essential safety tips to keep in mind when building and enjoying your bonfire.

1. Check with your local council for any regulations surrounding bonfires in your area. Some councils restrict bonfires to designated areas or have size limits to prevent hazards. If you’re in a public space, ensure you have permission to hold the bonfire.

2. Have your bonfire away from buildings, fences, trees, and overhead wires. Ideally, your fire should be at least 18 metres (60 feet) away from any structures or flammable items. Always have a clear escape path around the fire to ensure everyone can move away safely if needed.

3. Only burn clean, dry wood. Avoid materials like rubber, plastics, or painted wood, as these can release toxic fumes when burned. Adding petrol or other accelerants is extremely dangerous and illegal for bonfire use. Stick to dry wood and paper to start your fire.

4. Keep buckets of water, a hose, or sand nearby to quickly extinguish the fire if it gets out of hand. It’s also a good idea to have a fire extinguisher on hand for added safety.

5. Keep children and pets at a safe distance from the fire and ensure they are always supervised. Consider setting up a specific boundary around the bonfire that no one should cross, helping everyone to stay safely out of reach of any sparks or embers.

6. Wildlife often shelters in wood piles, so check your bonfire for animals like hedgehogs before lighting it. If possible, build the bonfire on the day you intend to light it to avoid harming any wildlife that may take shelter in it overnight.

7. Let the ashes cool overnight and dispose of them safely the next day. Make sure the bonfire area is thoroughly cold before leaving it unattended, as residual heat can pose a risk.

By following these guidelines, you’ll help make this Guy Fawkes Night a safe and enjoyable one for everyone involved. Remember, a little extra preparation can go a long way in keeping your celebration legal and hazard-free. Enjoy the night, stay safe, and let’s keep the tradition fun for everyone!

As Halloween approaches, it’s the perfect time to consider whether you could live in a property with a “dark history.” In the UK, homes linked to tragic events, hauntings, or even infamous crimes often raise questions for prospective buyers. Whether you see it as a thrilling opportunity or something to avoid, here are some key legal aspects to consider when purchasing a property with a checkered past.

In England and Wales, sellers are not legally obligated to disclose details about a property’s dark history, such as past deaths or hauntings, unless directly asked. This makes it crucial to ask the right questions during the buying process. Your solicitor can help ensure all relevant information is revealed.

The principle of “caveat emptor” (let the buyer beware) applies to property purchases. This means it’s your responsibility to investigate the history of a home, so conducting thorough due diligence is essential. If you’re concerned about supernatural occurrences or unsettling past events, a solicitor can guide you on how to approach the matter with estate agents or sellers.

A property’s morbid reputation could affect its market value. While some buyers might be drawn to the mystery, others could see it as a deterrent, making the property harder to sell in the future.

At Aston Bond, we understand that buying a home is a major decision—even more so when the property carries an air of mystery. Contact us on 01753 486 777 for expert legal advice to ensure you’re well-prepared, no matter what lies behind the front door.

Happy Halloween!

As Halloween approaches, it’s not just haunted houses and ghost stories that give us chills. The UK legal system has some spooky, weird laws that touch on everything from property disputes to family law! At Aston Bond, we’ve gathered a list of eerie laws and cases that may make you rethink the world of litigation, private clients, and employment law.

1. Haunted House Liability

Under the Occupiers’ Liability Act 1957, homeowners could, in theory, be held liable if someone is injured while running from a ghost or encountering paranormal activity on their property. While the law doesn’t specifically address ghosts, it covers hazards in homes. So, if your haunted house spooks a trick-or-treater into falling, you might find yourself in a spooky legal battle!

2. Suing for Ghostly Disturbances

Can you sue for a haunting? Although rare, some people have tried! In a famous US case (Stambovsky v. Ackley, 1991), a buyer sued the seller for not disclosing that a house was haunted, which affected its value. While the UK doesn’t have a direct equivalent, misrepresentation in property sales could open the door to such claims. Sellers should be honest about any unsettling histories – human or otherwise!

3. Disinheriting for “Unholy” Behaviour

Under UK Inheritance Law, you can mostly leave your estate to whomever you choose, but spooky motives have arisen in some cases. There have been examples of Wills that disinherit family members for “immoral” or “unholy” behaviour. While this doesn’t always hold up in court under the Inheritance (Provision for Family and Dependants) Act 1975, it’s possible that a Will could specify conditions related to superstition or supernatural beliefs!

4. Curses and “Witchcraft” Clauses in Wills

There have been instances where bizarre clauses in Wills required beneficiaries to adhere to strange, even supernatural, conditions to inherit. These could include promises to avoid certain superstitions or to perform rituals. While unusual, if legally binding, these terms must be honoured – or risk losing the inheritance!

5. Divorce Over Superstitions

While uncommon, family disputes sometimes stem from deeply held superstitions. If one partner believes their home or marriage is cursed, it could form part of a divorce dispute. Under UK Family Law, you don’t need a spooky reason to divorce – just “irretrievable breakdown of the marriage” under the Divorce, Dissolution, and Separation Act 2020. However, spookier reasons like bad omens or supernatural beliefs might contribute to family tensions!

6. Custody Disputes and Supernatural Beliefs

In custody battles, a parent’s unusual beliefs – such as devotion to the occult or involvement in paranormal activities – could potentially be raised during proceedings. Courts focus on the child’s welfare, and while the law doesn’t judge supernatural beliefs, if such practices are seen to negatively impact the child, it could influence decisions under the Children Act 1989.

7. Sacking a Witch

While the Witchcraft Act 1735 was repealed, the belief in witchcraft still lingers in some corners of society. If an employee claims to have been fired due to being perceived as a witch, this could form the basis of a discrimination claim under the Equality Act 2010. Discrimination based on religion or belief is prohibited, and being dismissed for so-called “witchcraft” could certainly raise legal questions!

8. Haunted Workplaces

In the UK, employees have the right to a safe working environment under the Health and Safety at Work Act 1974. If an employee claims that their workplace is haunted or making them ill from stress due to ghostly encounters, it could lead to an unusual health and safety dispute. While paranormal claims might not stand in court, employers could still be held liable for an employee’s well-being.

9. Cursed Work Contracts

Superstitions around certain dates – like Friday the 13^th – could cause problems in employment contracts. Some employees may refuse to sign contracts or start work on superstitious dates, citing religious or personal beliefs. Under the Equality Act 2010, employers must respect these beliefs to some degree, and making allowances for superstitions could avoid legal disputes.

From haunted properties to spooky family and employment disputes, UK law is full of eerie possibilities! If you have any concerns – supernatural or otherwise – Aston Bond is here to help. Contact us at 01753 486 777 or visit our website, astonbond.co.uk, for advice on any legal matters.

Happy Halloween from the Aston Bond team!

Domestic violence is a serious crime that affects millions of people across the UK each year. While the criminal justice system plays a vital role in addressing domestic abuse, the civil law framework provides equally important protections for victims. Civil remedies offer immediate and practical support, often before any criminal proceedings take place, and can be a vital lifeline for those experiencing abuse. This blog explores the civil side of domestic violence laws in the UK, focusing on the legal mechanisms available to safeguard victims.

What is Domestic Violence?

Domestic violence, also referred to as domestic abuse, includes physical, emotional, psychological, financial, and sexual abuse between partners or family members. While often associated with physical violence, domestic abuse can also manifest through controlling, coercive, or threatening behaviour.

Types of Domestic Abuse:

• Physical violence: Punching, hitting, slapping, or causing any form of physical harm.
• Emotional abuse: Manipulating or degrading the victim’s self-worth through constant insults, humiliation, or isolation.
• Coercive control: A pattern of behaviour that aims to control a person’s actions, restrict their freedom, and undermine their autonomy.
• Financial abuse: Denying a partner access to money, taking control of finances, or preventing them from having financial independence.
• Sexual abuse: Forcing someone to participate in unwanted sexual activities or violating their sexual autonomy.

Understanding this broad definition is crucial, as it means civil law protections apply to various forms of abuse, not just physical violence.

Key Civil Protections Against Domestic Violence

Victims of domestic abuse have access to several civil legal solutions under UK law. These are primarily designed to provide protection and security, often without requiring criminal prosecution. The most significant civil protections include:

1. Non-Molestation Orders

A Non-Molestation Order is one of the most commonly desired civil orders in domestic abuse cases. It aims to prevent the abuser from harassing, threatening, or using violence against the victim or their children. This order can prohibit a wide range of behaviours, including:

• Contacting or communicating with the victim.
• Visiting the victim’s home or workplace.
• Using abusive or threatening language or behaviour.

The order is designed to offer immediate protection and can be applied for on an emergency basis, often without the abuser being aware until it is. Breaching a Non-Molestation Order is a criminal offence, punishable by up to five years in prison.

2. Occupation Orders

An Occupation Order regulates who can live in the family home, offering victims a safe space away from their abuser. This type of order can:

• Remove the abuser from the home.
• Exclude the abuser from returning or coming near the home.
• Allow the victim to remain in the home, even if they do not legally own or rent the property.

Occupation Orders provide victims with the security of knowing that they will not be forced to live with their abuser or risk having them turn up at the property. These orders can last for a specified period or until a further court order is made. In more extreme cases, the court may also provide “power of arrest,” meaning the abuser can be arrested if they breach the order.

3. Prohibited Steps Orders (Child-related Protection)

In situations where the victim is concerned that the abuser may attempt to remove their child from their care or relocate them without consent, a Prohibited Steps Order can be obtained. This type of order ensures that the abuser cannot make any major decisions about the child’s life—such as moving them to a different location or school—without the victim’s consent or a court’s approval.

4. Restraining Orders (Civil)

While Restraining Orders are often associated with criminal proceedings, they can also be applied in a civil context. A civil restraining order may be issued if the court believes it is necessary to protect the victim from further abuse, even if the abuser has not been convicted of a crime.

Restraining Orders can include similar conditions to Non-Molestation Orders, such as preventing the abuser from contacting or approaching the victim. Like Non-Molestation Orders, breaching a Restraining Order is a criminal offence and can result in arrest and imprisonment.

5. The Domestic Violence Disclosure Scheme (Clare’s Law)

While not a direct civil remedy, the Domestic Violence Disclosure Scheme (often referred to as Clare’s Law) allows individuals to request information from the police about whether their partner has a history of domestic abuse. This scheme is a preventative measure, empowering people to make informed decisions about their relationships and act if necessary. If the police find a risk, they may disclose relevant information to the person at risk or a third party.

Who Can Apply for These Orders?

Victims of domestic violence can apply for these orders, but in some cases, third parties such as friends or family members can also apply on their behalf. Legal aid may be available to help cover the costs of applying for these protections, especially if the victim is at risk of harm. To obtain an order, the victim typically needs to show that they are at risk of harm and that the order is necessary for their protection.

The Role of Family Courts

Family courts play a central role in issuing civil protection orders. Victims can apply to the court for orders, and judges will assess the evidence and urgency of the situation. Family courts are designed to provide a sensitive and supportive environment for victims of domestic abuse, ensuring that their safety and well-being are prioritised throughout the legal process.

Domestic violence is a deeply complex and sensitive issue, but the UK’s legal framework offers vital protections for victims. Laws such as the Domestic Abuse Act 2021 and Clare’s Law provide greater support, but there is always more work to be done.

By raising awareness of domestic violence laws and the resources available, we can continue to support victims and ensure justice is served for those affected by abuse.

For guidance on this or any other related matters, please do not hesitate to contact our experienced Family Law Solicitor Lynette A’Court (Lacourt@astonbond.co.uk) or call reception on 01753 486 777.

On October 10, 2024, the UK government introduced the much-anticipated Employment Rights Bill, marking one of the most significant overhauls in decades. The bill includes 28 major reforms aimed at improving worker protections and increasing productivity across the economy. The first reading of the Bill has yet to go through a consultation, and then will need to be passed by the House of Lords before coming into effect. This means that there may well be changes to the proposals, which currently are:

“Day-one” rights:

• Workers will be protected from unfair dismissal from the first day of employment, removing the current two-year qualifying period.
• Immediate access to unpaid parental, paternity, and bereavement leave, without the need to have worked for the employer for a year.

BUT – Nine-month probation period:

• A statutory nine-month probation period will allow employers more time to assess new hires, during which it will be easier to dismiss employees without the full dismissal process.

Zero-hours contracts:

• Workers on zero-hours contracts will have the right to a guaranteed-hours contract if they consistently work regular hours over a 12-week period.
• Employees will be entitled to “reasonable” notice of any changes to their shifts and compensation if shifts are cancelled or cut short.
• Workers who prefer zero-hours contracts will still be able to choose them.

Flexible working:

• Flexible working will become the default option for all employees from their first day, unless an employer can provide a legitimate reason to refuse, such as the inability to reorganise work or a detrimental impact on customer demand.
• Written reasons will need to be provided by employers as to why the request is not reasonable, in the event a request is turned down.

Statutory sick pay (SSP):

• The three-day waiting period for statutory sick pay will be removed, ensuring employees receive SSP from the first day of illness.
• The lower earnings limit (£123 per week) for qualifying for sick pay will also be scrapped, meaning more low-paid workers will be eligible.

Fire and rehire:

• The bill will ban most fire-and-rehire practices, which force employees to accept worse terms or face dismissal. However, it could still be used if a company is at risk of insolvency.

What’s not included:

• The “right to switch off” from work communications outside of hours.  The government have mooted this and the promise is that this will be dealt with at a later date.
• Plans to create a “single status of worker” for better protection of self-employed people working for a single employer.   This one is not surprising as a great deal of thought will need to go into it.  We shall have to wait and see on this one.

This legislation aims to create a more secure and fair working environment, though it has received mixed reactions, particularly from small business representatives concerned about the impact of these changes​.

The period of consultation will be crucial and anyone wanting a say should lobby the small business federation, trade unions and the like to work on getting their views heard sooner rather than later.

For any questions or queries on this or any other employment-law related matter, please contact our Head of Employment, Ilinca Mardarescu on 01753 486 777.