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Monthly Archives: February 2012

For advice on marriage – ask a divorce lawyer

By Family Department | Published: Feb 28,2012

Who better to describe the pitfalls of relationships and married life than a divorce lawyer?

William Hood, from Mobberly in Cheshire and a divorce lawyer of 45 years, felt compelled to share his experiences and has done just that in his book “A Divorce Lawyer’s Guide to Marriage”.

Though he was suffering from lung cancer which, ultimately, claimed his life, William penned his book during treatment and, using real-life cases from his career, he has left a welcome legacy.

Early reviews of the family law guide are favourable, citing it as “compelling” and a “welcome alternative to the type of self-help type books one often sees”.

While his wife and close family knew about his aspirations to be a writer, most of his family and friends were not aware that he had been writing the book and it was with great pleasure and pride that his wife Sheila announced at William’s funeral that the book would be published.

Sheila told the Knutsford Guardian that the publication of the book came at a good time for the family as it gave them all something positive to focus on after William’s death.

She added, “It’s full of valuable wisdom but William hardly believed it was good enough to publish. He sent it off half-heartedly but the first publisher took it on.

“He’s written about what he knows and he’s gone through it – he’s been married and divorced and has children.

“He hated ignorance and was a great fighter for women’s rights, but he was also known for being very fair so a lot of men went to him as well.”

“A Divorce Lawyer’s Guide to Marriage” by William Hood is available to buy now, published by the Book Guild Ltd.

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Number of first-time home buyers reaches an eight-month high

By Residential Department | Published: Feb 27,2012

According to the National Association of Estate Agents (NAEA), residential conveyancing solicitors saw an increase in first-time home buyers in January 2012 – with 23 percent of sales going to people eager to get their feet on the property ladder.

The number of first-time home buyers has not been seen at this level since May 2011.

The NAEA attribute this to the ‘holiday’ on stamp duty, which is coming to an end this March. During this period the tax threshold for first-time buyers had been increased from £125,000 to £250,000, which made it easier for people to get on the property ladder.

First-time house buyers are obviously taking notice of the deadline and trying to buy their home from conveyancing solicitors before time runs out.

Wendy Evans-Scott, NAEA president, urged the government to extend the amnesty on stamp duty.

She said, “First-time buyers seem to be making the most of the stamp duty holiday before it comes to an end in March. The NAEA and other property specialists campaigned hard for the Government to introduce the tax exemption to support first-time buyers, and these latest figures certainly suggest that stamp duty is a key factor for those on tight budgets purchasing their first home.

“We are deeply disappointed that ministers have axed this support for a crucial part of the housing market which has benefited so many house-hunters in getting on to the property ladder.”

The NAEA’s January report also revealed, despite the increase in sales, the number of registered house hunters decreased slightly, with an average of 260 people per branch.

Supply levels also dipped to their lowest point in 19 years, with an average of 60 properties available in each estate agency.

If you want to make the most of lower-level stamp duty, you can find out more about Healys’ residential conveyancing solicitor services here.

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The value of expert testimony in a negligence claim against a professional

By Professional Negligence Department | Published: Feb 27,2012

It is usually considered likely that any person looking to bring a successful negligence claim against a professional will require the testimony of an expert witness to support the claim.

This system of expert witness testimony has long been the accepted method of verifying the validity of a negligence claim against a professional , whether it is a claim against a solicitor, barrister, architect, accountant or IFA.

However, the recent High Court case of ACD (Landscape Architects) Limited v Overall and another goes some way to challenging the assumption that expert evidence is always necessary in establishing grounds for a winning professional negligence claim.

The case in question involved an architect who, after seeking to recover unpaid fees, was served with a counterclaim for negligence which stated that he had been negligent in preparing a pre-planning permission report.

Despite receiving expert witness reports during the case, the High Court made some interesting comments regarding such testimony. It noted that although expert witnesses can be useful, invaluable even, in some cases their involvement may not be required at all – particularly in cases where the costs of expert witness involvement do not match the value of their input.

The comments are certainly interesting, but in all likelihood they will have very little impact on the wider future of negligence claims against professionals.

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Residential conveyancing solicitors see increase in demand

By Residential Department | Published: Feb 26,2012

For the first time in four years, estate agents and residential conveyancing solicitors saw rents increase from December to January, as an unusually high number of tenants attempted to find property.

In this tough economic climate, an increasing number of people are finding it harder to get on the property ladder and are instead choosing to rent a house or flat.

As a consequence of high demand, average rents increased in England and Wales by 0.1% to £712 a month, working out to t an annual rise of around £30.

Rents increased the most in the West Midlands and the South West, where they grew by 1.8%.

The research was conducted by a UK property group, which said that although it was a small rise, this is the first time since records began that they had seen rents increase from December to January.

A spokesman for the company said, “The rental market burst back into life unseasonably early in January, with tenants on the move trying to take advantage of what is usually a quieter period for the rental market.

“The depth of the underlying demand sustained a higher level of competition for rental property during the Christmas period, preventing more severe falls in rents than we’d normally see.”

In response to this demand, property developers in London are doubling the total number of homes in their projects as they anticipate even greater competition.

Between 2006 and 2011, nearly 101,900 London homes were completed, while the previous five years only saw construction of around 69,000 properties.

To find a home in the capital or any other part of the UK, consult a residential conveyancing solicitor by clicking here.

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Nigerian law for UK divorce settlement

By Family Department | Published: Feb 21,2012

A Nigerian born, Britain-based oil tycoon has been granted permission to try to overturn a High Court divorce settlement judgment because the ownership of his company may be bound in Nigerian customary law.

Michael Prest, 50, had been ordered to pay a divorce financial settlement of £17.5 million to his former wife, Yasmin following their split in 2008.

However, Mr Prest appealed against the ruling stating that, under Nigerian Itsekiri customary law, his oil firm’s assets were “held in trust” for his children and the children of his four siblings.

According to evidence given in court, Mr Prest’s company, Petrodel Resources Ltd, had been set up using £10,000 “seed money” given to him by his father. When his father died in 1992, Mr Prest effectively became head of the household under Nigerian customary law, and therefore responsible for the welfare of his siblings and their children.

In 2009, after Mr Prest and his wife of 15 years had split up, a claim was mounted through the Nigerian High Court by one of Mr Prest’s siblings to seek a declaration that Petrodel was a part of the family estate belonging to their late father.

Mrs Prest countered the claim suggesting that Petrodel was “100 per cent owned and controlled” by Michael Prest.

At the Court of Appeal Lord Justice Thorpe initially condemned Mr Prest’s lack of full disclosure regarding his financial affairs as a “flagrant breach” of his legal duty.

However, it became apparent that the Nigerian court had expressly asked Mr Prest not to share certain details regarding Petrodel with third parties.

Lord Justice Thorpe said “We are giving you leave on the customary law point and permission to bring in the Nigerian judgment. The ownership of Petrodel is bound up with Nigeria and may be governed by customary law.”

Mrs Prest originally sought a lump sum divorce settlement of £30million, plus annual maintenance of £730,000. The case continues.

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Residential conveyancing opportunities left over from the Olympics

By Residential Department | Published: Feb 21,2012

With the Olympics just around the corner, many are looking forward to watching or being part of the spectacle. But when the event ends, those looking for property might be able to use a residential conveyancing solicitor to walk away with a little bit of the games.

Potential home owners wishing to acquire London property might want to look at the Olympic village in Stratford, which will be converted into 2,800 flats and houses.

More than half of the properties have already been sold to Triathlon homes, who aim to give 675 to councils, while the rest will be ear-marked as private houses.

UK developers Delancy and estate agency company Qatari Diar will own the rest of the homes in an area to be known as the East Village.

The Independent reports that the average house price in the Olympic village will be around £260,000, with a further 8,000 homes to be built by a variety of developers in the future.

A few years ago, Stratford was widely regarded as a run-down area with a high crime rate and unsightly buildings, but, since then, the area has benefited from a new £1.45bn shopping centre and transport links. Developers hope that these projects might make the area more desirable to potential home owners.

The athletes’ village in Weymouth will also be converted into homes by developers ZeroC, who have set prices between £135,000 and £260,000 – most of these, however, have already been sold.

To find out if Healys could help you purchase a piece of the 2012 Olympic Games, contact our residential conveyancing specialists here.

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Letting agent negligence issues behind e-petition

By Professional Negligence Department | Published: Feb 15,2012

At its worst letting agent negligence can really push the limits of professional malpractice.

Whether properties have been allowed to become derelict, been flooded, infested with vermin, or rents have been left unpaid, some of the transgressions landlords, and tenants, have to put up with defy belief.

That’s why, from a professional negligence lawyer’s standpoint, it is no surprise to see that someone has launched an e-petition which calls on the government to introduce formal licensing for letting agents.

However, like all e-petitions, the one this one requires 100,000 signatures before the issues it raises are debated in the House of Commons.

The man who has launched the petition says he believes that “a simple compulsory licensing structure would offer greater protection both to tenants and to landlords whilst ensuring that only the most professional letting agents continued to thrive”.

Such a scheme would have an important bearing on negligence claims, helping to ensure that there are means and processes for redress in all cases where a letting agent has been remiss.

As such Professional Indemnity Insurance and client money protection insurance would be mandatory for all letting agents.

A situation where unlicensed letting agents are regulated out of the market would be a win-win for both landlords and tenants. Who knows, it might even bring about a fall in the rate of letting agent negligence claims.

To sign the petition, go to the directgov website to make your voice heard.

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Sun, sea and separation – Divorce Dominican Republic style

By Family Department | Published: Feb 13,2012

The good old Daily Mail did it again with its eve of Valentine’s Day headline:

“Package tour company offers unhappy couples chance to divorce in just ten minutes during their Caribbean break.”

Now, as a firm of divorce solicitors in Brighton and London, we would not wish to cast aspersions on the validity of this story, but we might just have doubts about the validity of such divorces, and we would warn any sunny separation seekers that, for a divorce to be legal in the UK, all couples will have had to follow the necessary criteria, such as having been married or civil-partnered for at least a year before being able to dissolve the union.

A spokesperson for the firm which supplies the package deals, QuickdivorceUK.com, said that Dominican Republic law allows British citizen to claim domicile in the country even if the visit is of the briefest time span. So, if the divorce is uncontested and aspects such as arrangements for children or division of marital property have been agreed, a divorce could feasibly be settled by a judge in just ten minutes.

However, if problems arise at a later date the family courts in England and Wales may wish to scrutinise the legality of a decree issued in the Dominican Republic.

Whilst it might be a nice idea, for some, to be able to jet into a beautiful resort as an unhappy married person and fly out a tanned and relaxed singleton, Healys divorce solicitors urge caution and would always advise any prospective divorcee to seek the advice of a family law practitioner based in the UK before going ahead with a foreign divorce.

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Might LEAs, churches and councils escape negligence claims?

By Professional Negligence Department | Published: Feb 9,2012

In the current climate it is hard for a professional negligence lawyer not to think about the impending reforms brought on by the Legal Aid, Sentencing and Punishment of Offenders Bill [see last week's post].

So, to continue a theme, it is apposite to think about the impact the bill will have on civil child abuse claims for professional negligence on the part of councils, education authorities and religious organisations.

All too often, it is the systemic or catastrophic individual failures of such organisations which create the situations that allow abusers to offend. Where this is the case, victims can instruct professional negligence lawyers to commence litigation against the liable party.

However, this can be a fraught and complex process, and some would-be litigants can become frustrated and bewildered, either by the search for the right lawyer or the struggle to find suitable legal aid or reasonable funding arrangements.

Unfortunately, there is very real concern that the passing into law of the Legal Aid, Sentencing and Punishment of Offenders Bill could further disadvantage and discourage these claimants.

A critical view of this situation might ask whether we, as a society, want to be placing restrictions on the reach of justice and compounding the trauma experienced by child abuse victims.

Victims may well ask themselves whether the process is worth it. “After the Jackson reforms and the LASPO Bill, the claimant will have to pay any ATE premium and success fee out of damages in winning cases. They will always have to pay their disbursements in losing cases. Depending on what happens with qualified one-way cost shifting, they may have to pay costs too,” warned one analyst.

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Property sales solicitors see housing boom in London

By Residential Department | Published: Feb 7,2012

House prices remained largely neutral in England and Wales last year; however, demand for luxury homes in the capital increased for the 15th consecutive month in January 2012. Property sales solicitors in London saw more activity than any other UK solicitors as they experienced higher demand, which increased property prices by 2.8%.

Figures from the Land Registry House Price Index revealed that residential prices elsewhere saw a 1.3% drop in overall price and stagnated between November and December.

The data showed that property prices declined generally but prices were lowest in the North, decreasing 1.9% last year. Since 2009 however, London sales solicitors have seen demand for homes increase by nearly 42% since 2009.

Demand for luxury homes in the capital increased the most, with values of homes and apartments costing £3.7 million rising by an average of 0.9% from last month and 12% from the previous year.

According to the report, demand for these luxury houses increased due to non-UK buyers turning to solicitors in London, looking for security as they face political, economic and financial turmoil following Europe’s Sovereign-debt crisis and revolutions in the Middle East.

Areas in London which have particularly benefited are Chelsea, Hyde Park, Kensington and St. John’s Wood.

Commenting on the figures, Liam Bailey, head of residential research for estate agents Knight Frank, said that more people were looking to London as the financial crisis continued.

“The eurozone crisis, which appeared to reach something of a crescendo in the pre-Christmas period, had little impact on the prime London property market. Ironically, economic and even political turmoil have provided the impetus for growth with a sharp growth in investors looking for a safe-haven location for at least part of their wealth portfolio.”

The Land Registry report looked at transactions between property sales solicitors, residential conveyancers, lenders and estate agents.

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