Keith Park Solicitors Blog

From left to right Janet Harrison, Jo Ashcroft, Jennifer O’Neil, Diane Moore, Sue Blackburn, Julie Skerry, Alison Gordon.

The girls did the 5K run at Shirdley Park on June 27th 2007 on behalf of cancer research ‘Race for Life’.

Below is the link to the site, it’s an all women race raising money for breast cancer!

To make a donation please visit: http://www.raceforlife.org/prepaypage.aspx

Dave Achilles Partner of the Practice who’s specialist area is Criminal Law took part in a cycle challenge on the 18th July 2010 from Liverpool – Chester – Liverpool return journey clocking up 54 miles via the Mersey Tunnel to raise money for the Liverpool Heart and Chest Hospital at Broad Green.

The picture was taken at more or less the halfway point, rain bucketing it down and still another 27 miles to go!

Well done Dave, still looking good!

The British Property Federation (BPF) has called the 1 million empty homes in the UK a ‘shameful waste’. According to the BPF there are over 4 million people on housing waiting lists in Britain and they believe reviving the current empty homes would provide a good-value solution. Their research has shown that bringing a house back into use can take as little as £10,000, a fraction of the £100,000 cost of building a new social home from scratch. Furthermore, the BPF claims the ‘social housing crunch’ has been exacerbated by a £450m cut in the Homes and Communities Agency’s budget that has caused it to scrap two of its Kickstart housing funding projects, while a drop off in section 106 contributions has also reduced new affordable housing.

Liz Peace, chief executive of the British Property Federation, said:

“It’s a shameful waste that so many homes are empty while millions of families living in poverty or without permanent housing. Renovating empty homes is an opportunity for the government to get people of housing waiting lists and into ‘good as new’ homes; it will also save them money and reduce the burden off of over-stretched councils at a time when housing benefit is also being slashed. Awarding renovation grants will remove eyesores from the local community and rectify lost incomes for the owner and surrounding landlords. It is a win-win situation for the owner of empty properties and the campaign to recycle existing housing stock. With the upcoming Comprehensive Spending Review we can expect local authority funding to be cut further. But housing need will not go away and while there is no silver bullet solution, renovating empty homes is a cheap and useful contribution to a huge problem. It would also tackle some of the problems caused by empty homes, which can attract petty crime, squatters, fly tipping, vandalism and occasionally arson – forcing areas with high numbers of empty homes into a spiral of decline.”

Ossie James, a frail 74 year old man from South London, has been found guilty of manslaughter at the Old Bailey. James was jailed for five years for stabbing his son through the heart because he returned home with a different takeaway than the one his father has asked for. The victim, Josie who was 44, had left their home to get a Chinese meal as they had agreed but returned with chicken and chips instead. James, who was described as a ‘rigid and controlling man’ by a court psychiatrist, had picked up a kitchen knife and plunged it into his son in anger.

When police arrived at the house they found him sitting in a chair. He had to be restrained when they tried to handcuff him. Judge Richard Hawkins said: “Josie returned with a takeaway and you were not happy with what was brought back and its condition. An argument followed with your son. It is right to say Josie was strong and you are somewhat frail.” The sentence was shorter than normal sue to the age of the defendant.

The Intellectual Property Office (IPO) has revealed the extensive action that has been taken across the UK to tackle the huge problem of counterfeiting and piracy. The Annual IP Crime Report shows that millions of fake items were seized through operations into everything from market traders to internet auction sites. Her Majesty Revenue Customs seized over 2100 consignments containing four million items during 2009/10. The goods had an estimated value of £40 million, based on the price of the genuine item. Trading Standards, police, the UK Border Agency and the IPO’s Intelligence Hub have all collaborated on the project with raids uncovering thousands of items of counterfeit goods as well as 25 kilos of Class B controlled drugs being seized.

Intellectual Property Minister Baroness Wilcox said:

“Counterfeiting and piracy are a major threat to the British economy. They take sales from legitimate businesses and put jobs in danger. Fake goods often pose a real threat to the people buying them. We have seen cigarettes with dangerous levels of chemicals, electrical goods that are a fire risk and toys that are a danger to our children. I am pleased to see everyone coming together: police, trading standards, industry, the Intellectual Property Office, and others to tackle this menace. The real key to beating this threat is the public. People must refuse to buy anything they suspect is not genuine and report the seller to their trading standards or police.”

The Information Commissioner’s Office (ICO) has launched a campaign aimed at ensuring private investigators follow the correct notification procedures. As they are handling people’s private data they are subject to the Data Protection Act in the same way that all other organisations are. Many private investigators routinely process personal data such as information about people’s private lives, financial data and images but the number of investigators on the register is much less than the number known to be operating in the UK.

David Smith, Deputy Commissioner at the ICO, said: “We want to work with the industry to ensure all private investigators meet the legal requirement to notify us that they are processing personal information. A targeted approach working with stakeholders and membership bodies has proved highly successful in other sectors. We will be writing to organisations providing them with advice and encouragement to notify. However, if that encouragement is ignored, we will take action against those who flout the law. The message is very clear – notify with the ICO.

Barnardo’s says children are being left in abusive homes longer than necessary due to court delays. Vulnerable children are being “damaged” by delays in care proceedings in England and Wales, a charity has said.

Barnardo’s wants to see a 30-week limit after figures showed children waited an average of 57 weeks – sometimes in abusive homes – for county courts to make care or supervision orders. In family courts, proceedings took an average of 45 weeks, it said.

A Ministry of Justice spokesman said the government was “committed to reducing unnecessary delays”.

Barnardo’s said court data showed that at the end of 2009 there were 50% more unresolved care proceedings cases than at the end of 2008. According to the Children and Family Court Advisory and Support Service (Cafcass) in England, new applications accounted for less than half of this increase – suggesting the courts were taking longer to close a significant number of cases, it argued.

Barnardo’s chief executive Martin Narey said uncertainty had spread through family courts, with “additional, sequential expert assessments being routinely ordered”. “This, paired with the evident lack of credence given to social workers, is causing unnecessary delay,” he said.

“The courts need urgently to reflect on the damage these delays are having on extremely vulnerable children.” He said a year of a child’s life was “an inordinate amount of time for them to be trapped in desperate limbo, unclear of their future and very possibly at risk”.

“During this time, these children might remain at home with neglectful or abusive birth families or be living in emergency foster care, expected to settle with families they may subsequently have to leave. “At a time when stable relationships and secure attachments are vital for a child, they are instead engulfed in a period of uncertainty and confusion,” he said.

Boy’s two-year wait for care order

In one case highlighted by Barnardo’s, two-year-old Michael was removed from home on an emergency protection order (Epo). He had wait more than two years for his full care order, by which time he was four years and four months old. It was another year and a half before he was placed with an adoptive family. Michael went through 11 placement changes between the first Epo and adoption.

He was involved in parenting skills assessments at two different family centres and was also seen by a psychiatrist. A social worker from an adoption team saw him six times, and he had three different allocated social workers. The boy was placed in the care of his father and his father’s partner on a trial basis but the arrangement broke down. The same thing happened 10 months later.

Barnardo’s also said the figures – which were revealed in written answers to Parliamentary questions from Liberal Democrat MP Annette Brooke – also revealed a “postcode lottery” for children awaiting care. In London, county court proceedings in 2008-09 took an average of 65 weeks, while similar proceedings in Humber and South Yorkshire took 46 weeks.

The figures covered only cases where a care or supervision order was made, not cases where orders were refused, where emergency protection was given, or where children were put in secure accommodation.

‘Radical culture shift’

There are no comparable figures in Scotland, where care decisions are handled by the welfare-based Children’s Hearing system rather than the courts. Family lawyer Christina Blacklaws said social workers dealing with public law cases were often inexperienced, lacking in confidence and simply “overwhelmed” by their workload. She told BBC Radio 4’s Today programme: “In London, we’re running at 33% vacancy rate for social workers… so even if they have the ability to undertake these complex and difficult assessments, they just don’t have the time.”

A lack of court judges and the number of days they sat further delayed proceedings by months, she added.

Barnardo’s said there needed to be a “radical culture shift in court practice” and said the government should give “urgent consideration” to a number of measures, including setting new limits to ensure all cases were dealt with within 30 weeks, or 12 weeks for children under 18 months.

‘Detrimental effect’

Hugh Thornbery, director of children’s services at Action for Children, said the figures were “a cause for serious concern” and called for more to be done to ensure vulnerable and neglected children were not left in limbo.

“For children who are unable to stay with their birth families, entering the care system is an extremely uncertain and unsettling time, and it’s critical that their care provision provides them with the stable and secure home environment that they need.

“Being left languishing in emergency foster placements for unknown extended periods of time can only have a detrimental effect on children, and risks giving them a false sense of security at a time when they need stability the most,” he said.

A Ministry of Justice spokesman said a family justice review was under way and 4,000 extra sitting days were added to family courts this year to deal with cases.

“The panel leading the review shares Barnardo’s concerns and has met its representatives to discuss suggestions for reform,” he said.

“We are also exploring proposals to make better use of local performance groups to give local decision makers more ownership of the system, empowering them to tackle the local causes of delay.

“The government is clear that every child’s case should be dealt with as quickly as possible to minimise trauma and keep young people safe from harm.”

Naphyrone, often known as ‘NRG1′, and related substances have been banned and made Class B drugs, as of Friday 23 July 2010.

Banning Naphyrone

The decision to make Naphyrone illegal was based on the recommendation of the Advisory Council on the Misuse of Drugs (ACMD).

The ACMD found that the substance, often labelled ‘100 per cent legal’ or ‘plant food’, has considerable potential for misuse and accidental overdose.

Likely harmful effects of Naphyrone include:

• adverse effects on the heart and blood vessels
• hyperthermia
• dependence
• psychiatric effects

Minister for crime prevention James Brokenshire said: “I want to send a clear message to anyone considering buying a ‘legal high’ – just because they are advertised as ‘legal’ does not mean that they are safe and they may not be legal.

“You are putting your health at risk and could be committing a criminal offence.”

There were nearly ten recorded incidents a day of trespass and vandalism on railway lines in the last year, figures from Network Rail have revealed. By taking short cuts, spraying graffiti, playing chicken with trains or placing objects on the tracks, young people are not just putting their own lives at risk, but endangering other people as well.

As the summer holidays begin, Network Rail is encouraging young people to take up more positive activities than taking risks on the tracks. Campaign is working with local community groups and clubs to hold events across Britain. As well as loads of different sports you can try DJing, street dancing, street art and much more.

Incidents on the railway

A shocking 49 people died after trespassing on the tracks in the last year; with a quarter of trespass deaths young people aged 11-20. While adults commit more crimes, young people take more risks and their actions are more dangerous – such as playing chicken and graffiti spraying in hard to reach locations. Adult crimes tend to be more platform-to-platform trespass and taking short cuts.

People placing things on the railway line is another major problem. Items placed on railway lines over the last year include:

• 180 bikes
• 76 shopping trolleys
• 7 prams
• 3 trampolines and another dropped onto a train
• 3 televisions
• 1 bouncy castle

An agreement has been struck between the police and the mobile phone industry to close a loophole which sees roughly 100,000 stolen mobile phones being sold to recycling companies every year.

New industry code of practice

At the moment, 90 per cent of handsets reported stolen in the UK are blocked across all networks within 48 hours of reporting. This makes them useless in the UK to criminals trying to sell them on.

However, blocked phones can still be used abroad and as the recycling industry exports many of the handsets it buys this has created a new market for stolen phones.
To combat this trade in stolen mobile phones, 20 recycling companies have signed up to a new industry code of practice.

Under the new code, companies will check the details of every phone they are offered against the National Mobile Phone Register, a database of all phones reported stolen.

If the handset has been reported as stolen the company will refuse to buy the phone and details of the phone and the person trying to sell it to them will be passed to police to investigate.

The recyclers who have so far signed up to the code are:

• 20 – 20 Mobile
• Anovo
• Carphone Warehouse
• Earthmobile Ltd
• Eazyfone
• EMC Recycle
• Fone Hub
• Greener Solution
• Mazuma Mobile
• Mobile Phone Exchange
• Mobile Phone Recycling Organisation
• Money for Your Phone
• Recipero
• Redeem PLC
• Regenersis
• Royal Mail
• RPC Recycle
• SHP Solutions
• Virgin Media
• West One Technology

Source: http://www.direct.gov.uk/en/Nl1/Newsroom/DG_189551

Residents in Lancashire and Merseyside whose homes were flooded after the recent heavy rain could receive compensation from United Utilities.

Both counties experienced torrential rain on Tuesday, flooding many properties and roads. People whose homes flooded with sewer water will be eligible to a minimum of £150 in compensation.

The maximum it will pay is the amount householders have paid in waste water charges, a spokeswoman said.

Those whose gardens were flooded with sewer water may be entitled to £75. The firm said “no sewer system could have coped” with the level of rainfall on Tuesday night.

The Ministry of Defence will increase the limitation period during which troops can claim compensation for personal injuries suffered during active service, as part of a series of changes to the Armed Forces Compensation Scheme announced this week.

The change is just one of several recommended by the Armed Forces Compensation Scheme Review earlier this year. The majority of the changes that were recommended require legislative amendment to the Scheme and will be implemented by February 2011, but some changes can be made more quickly and will take effect from 3 August 2010.

The improvements include:

• An increase in the period in which injured servicemen and women can claim personal injury compensation from five year to seven years from point of diagnosis (effective 3 August).
• An increase in the maximum level of Bereavement Grant from £20,000 to £25,000.
• An increase in the maximum level of Bereavement Grant for reservists who are not members of a reserve forces pension scheme to £37,500, to help bring their benefits in line with their regular forces colleagues.
• An uplift of the majority of awards for hearing loss by one tariff level.
• Awards already made since April 2005 will be automatically revisited and will receive an uplift after all recommendations have been put into legislation.

A Stourbridge man who turned to crime to pay his bills has left his wife facing a financial crisis, according to local press reports.

Alan Peck, aged 52, walked out of the home he shared with childhood sweetheart having forged her signature on a mortgage to pay off his spiralling debts.

At Wolverhampton Crown Court on Friday May 28, Peck, aged 52, was sentenced to a 14 week jail term suspended for two years for making a false representation to obtain a mortgage for £48,000 on the home he shared with Belinda in Clent Road, Amblecote.

The couple married in July 2005 but Peck announced he was leaving suddenly in November 2009. He is now petitioning Belinda, his third wife, for divorce and insisting she either buys him out of the mortgage or sells their home.

“Whilst this case is a criminal one relating to a forged signature, is does highlight a situation that many divorcing coupes can find themselves in,”

“Being married to someone has certain legal implications, like a share of assets and, as in this case, debts. Many people are not aware of this.

“Also, when a relationship goes wrong, one party may pressure the other to sell a property to cash in on the perceived equity there – or at least to cut outgoings. If there are no children involved, it is possible a court could force this action.

Source: http://www.familylaw.co.uk/articles/lord-chief-justice-calls-for-family-cases-to-be-shortened

More than two-thirds of parents blame financial pressures for getting in the way of family life, with mums and dads often blaming each other for failing to devote enough time to quality home life. Some 55 per cent of mothers said their children’s fathers made too little effort – and 38 per cent of fathers accused mothers of the same thing.

The survey, of 3,000 parents and 1,000 children, found that mums and dads considered days out and holidays to be the highest quality family time. However children disagree that family time has to break the bank with 66 per cent saying they are happy to spend time with family at home rather than going out.

The poll was conducted for National Family Week, which aims to encourage families to spend more time together and get parents and children to take part in active hobbies.

The World Cup kicking off this year will see many specialist lawyers preparing a for a busy time as relationships break up following the strain of the partner following England’s campaign, according to the Daily Mail.

A study has shown there was a significant increase in couples seeking divorce in the fortnight after the world cup. The emotionally charged atmosphere lead to confrontations and can be the last straw for a long suffering partner. It is important that people don’t make life-changing decisions at times of emotional stress-like the aftermath of a football game, and consider their situation carefully.

Pressure is mounting on domestic violence abusers to stop their actions towards spouses and children with the announcement of a new Government programme. One of the new Government’s policies is that, whenever possible, offenders should contribute to victims’ services and programmes tackling abuse as part of their reparation. The plan is to use proceeds from the Victim Surcharge to deliver up to 15 new rape crisis centres, and give existing rape crisis centres more stable, long-term funding.

The Victims Surcharge system currently raises money to support victims of crime and witnesses from offenders whose sentence is, or includes, a fine. The Government are also looking to improve ways that rape complaints are dealt with by the authorities, and beginning a consultation process. Domestic violence can take many forms including beatings, burnings, threats, sexual abuse, taunting and bullying.

In the UK more than two women per week are killed by current or ex-partners, and one in four women in the UK experience domestic violence in their lifetime, according to UK charity Women’s Aid, often resulting in terrible injuries. The latest domestic violence figures are terrible:

• Domestic violence accounts for between 16 per cent and one quarter of all recorded violent crime.
• One incident of domestic abuse is reported to the police every minute.
• 45 per cent of women and 26 per cent of men have experienced at least one incident of inter-personal violence in their lifetimes.

Although men are also victims of domestic violence it is women that are much more likely to be victims of domestic violence and abuse than men.

The Government’s ambition to end violence against women and girls’ has been laid out by Theresa May, speaking at the annual Women’s Aid Conference. Theresa May says the new Government’s plans also include supporting a pilot scheme to help victims of domestic violence who have no recourse to public funds because of their immigration status. Home Secretary and Minister for Women and Equalities Theresa May said:

“As both Home Secretary and Minister for Women and Equalities I believe I have a unique opportunity to bring about real change to the lives and the status of women in this country and my ambition is nothing less than ending violence against women and girls.

“I am under no illusion though; this will take time and effort. In these tough economic times, while Government has a clear role to play, it’s vital that we all work together and with a more considered,  targeted and sensible approach I believe we will achieve real results.

“I can confirm our commitment to continue funding the No Recourse to Public Funds scheme and to more long-term, stable funding for rape crisis centres to support the many women who experience abuse. As well as this we will work towards providing real solutions to prevent violence against women from happening in the first place.”

The Home Office is planning a cross-government ministerial violence against women meeting to discuss new, improved approaches to tackling the issue of domestic violence.

Victims of domestic violence can also apply for injury compensation via the Criminal Injuries Compensation Scheme (CICA).

When a couple divorce and financial arrangements have to be sorted out, there are occasions when the court may decide that assets not owned by the divorcing couple should be taken into account.

In a recent case, a couple with three children divorced after 20 years of marriage. They had enjoyed a high standard of living, which was largely funded by a trust of which the husband was a beneficiary. The trust had been set up by the husband’s father, who is extremely wealthy. Following the break-up of the marriage, the man’s father claimed that no future gifts would be given to his son and that the prior gifts had been for business purposes.

However, the High Court considered that the gifts and loans to the man were not made for business purposes and the evidence given in that regard had not been full and frank. The wife was awarded a capital sum of £3 million, to purchase a house for herself, and periodical payments totalling £3.25 million, leaving the husband with his trust interests intact and personal assets of £1.6 million.

Peter Sellers, the comic actor known for his roles in Doctor Strangelove and The Pink Panther, may have tried to change his will just hours before he died, according to legal document found recently. The letter suggests that Sellers tried to stop his fortune passing to his fourth wife, Lynne Frederick, just before his fatal heart attack in 1980.

However, as the papers were never made official, Ms Frederick inherited the majority of the actor’s wealth, while his children received token amounts. “This document is exceptional on two fronts,” said Auctioneer Henry Aldridge and Son of Devises, which sold the document at the weekend.

“One, that it was the very last item ever to be signed by Peter, and two, because his daughter Victoria was left just £800 in his will.” If the letter had been known about, the auction house went on to say, Victoria Sellers would have inherited £200,000 on her 21st birthday.

Source: http://www.bpcollins.co.uk/wills-trusts–probate-legal-document-reveals-sellers-tried-to-change-will-438018197-19900419.php

People who stay in education for longer appear to be better able to compensate for the effects of dementia on the brain, a study suggests.

A UK and Finnish team found those with more education were as likely to show the signs of dementia in their brains at death as those with less. But they were less likely to have displayed symptoms during their lifetime, the study in Brain said. Experts said scientists now had to find out why the effect occurred.

Over the past decade, studies on dementia have consistently shown that the more time you spend in education, the lower the risk of dementia. Post-mortems showed the pathology – signs of disease – in the brains of people with and without long educations were at similar levels. But the researchers found those with more education are better able to compensate for the effects of the condition.

It also showed that, for each year spent in education, there was an 11% decreased risk of developing dementia. Dr Hannah Keage of the University of Cambridge, who co-authored the study, said: “Previous research has shown that there is not a one-to-one relationship between being diagnosed with dementia during life and changes seen in the brain at death.

“One person may show lots of pathology in their brain while another shows very little, yet both may have had dementia. “Our study shows education in early life appears to enable some people to cope with a lot of changes in their brain before showing dementia symptoms.”

The researchers used data from the Eclipse collaboration, which combines the three European population-based longitudinal studies of ageing from the UK and Finland which have assessed people for up to 20 years. Professor Carol Brayne, who led the study, said: “Education is known to be good for population health and equity.

“This study provides strong support for investment in early life factors which should have an impact on society and the whole lifespan. ”This is hugely relevant to policy decisions about the importance of resource allocation between health and education.”

Ruth Sutherland, chief executive of the Alzheimer’s Society, said: “This is the largest study ever to confirm that hitting the books could help you fight the symptoms of dementia in later life. What we don’t know is why a longer education is so good for you.

“It could be that the types of people who study longer have large brains which adapt better to changes associated with dementia.

“Another reason could be that educated people find ways of managing or hiding their symptoms.”

She added: “We now need more research to find out why an education can make the brain more ‘dementia resistant’. Until then the message appears to be stay in school.”

Rebecca Wood, chief executive of the Alzheimer’s Research Trust, added: “During dementia, proteins build up in the brain and nerve cells become damaged. This research suggests that education is not able to stop the damage but enables the brain to cope better and alleviate its impact. ”

Source: http://www.bbc.co.uk/news/health-10741274

Following a series of cases involving unqualified will writers, the Office of Fair Trading (OFT) has announced that it has approved a Code of Practice which will apply to members of the Institute of Professional Will Writers (IPW).

The code of practice will apply to the 190 members of the IPW. Whilst the code of practice is to be welcomed, it should be remembered that 80 per cent of will writers are not members of the IPW. Will writers are not subject to compulsory regulation and the market is awash with organisations and individuals offering will-writing services who have no relevant qualifications or proven competence. The code of practice requires IPW members to pass tests of competence, to protect customers’ deposits in the event that they are unable to provide the promised service and to provide an independent redress scheme.

Regrettably, the Government has not stepped in to prohibit the preparation of wills by unqualified will writers and there is as yet no legal requirement for any will writer (including those who are members of the IPW scheme) to be covered by comprehensive indemnity insurance for their clients’ protection. Solicitors who undertake this work have passed stringent academic and professional examinations and undergone rigorous professional training, and are also required to have professional indemnity insurance. Problems with the services provided by will writers have abounded in recent years, with complaints of wills being lost and errors in drafting being regrettably common. Recently a will writer was convicted of stealing £80,000 from an estate of which he was the executor.

Following a series of cases involving unqualified will writers, the Office of Fair Trading (OFT) has announced that it has approved a Code of Practice which will apply to members of the Institute of Professional Will Writers (IPW). The code of practice will apply to the 190 members of the IPW. Whilst the code of practice is to be welcomed, it should be remembered that 80 per cent of will writers are not members of the IPW. Will writers are not subject to compulsory regulation and the market is awash with organisations and individuals offering will-writing services who have no relevant qualifications or proven competence.

The code of practice requires IPW members to pass tests of competence, to protect customers’ deposits in the event that they are unable to provide the promised service and to provide an independent redress scheme.
Regrettably, the Government has not stepped in to prohibit the preparation of wills by unqualified will writers and there is as yet no legal requirement for any will writer (including those who are members of the IPW scheme) to be covered by comprehensive indemnity insurance for their clients’ protection. Solicitors who undertake this work have passed stringent academic and professional examinations and undergone rigorous professional training, and are also required to have professional indemnity insurance.

Problems with the services provided by will writers have abounded in recent years, with complaints of wills being lost and errors in drafting being regrettably common. Recently a will writer was convicted of stealing £80,000 from an estate of which he was the executor.

Source: http://www.lockharts.co.uk/site/library/legalnews/OFT_will_writers_code_of_practice_a_welcome_first_step.html