First time buyers must act now before it’s too late

By Shrewsbury Property Solicitor Joanne Parsons.

A reminder to first time buyers that they have just two months to get on the property ladder and avoid paying stamp duty.

The availability of nil stamp duty on property purchases is due to come to an end on March 24, 2012. Up until then buyers who have not owned a property before are eligible for full stamp duty relief on purchases up to £250,000.

This is a potential saving of up to £2,500 so anyone wishing to take their first step on the property ladder may wish to do so in good time before the deadline date.

It’s important to note that the exemption will continue to apply only if completion occurs on March 23, not exchange of contracts. This is the agreed date you will actually move into the house having first paid the full balance of the purchase price to the seller through your solicitor. If you have only exchanged contracts – paid the deposit to your solicitor and agreed a completion or moving date – by that time you won’t be eligible for the relief and will have to pay stamp duty on top of any other costs.

Those considering buying who would like further information on the stamp duty exemption should contact the Linder Myers dedicated property team on 0844 984 6002.

Don’t leave matters to chance……

From Richard Ashton – Partner at Linder Myers solicitors in Shrewsbury.

A recent edition of “The One Show” on BBC (11th January 2012) highlighted the dangers of not using a lawyer when making your Will. The programme looked at a case where the Wills a couple had made with an unregulated Will writer proved to be worthless.

The problems with unregulated people attempting to make Wills is that they are often untrained and have no insurance cover if something goes wrong. They can be in business one minute and have vanished the next.

I have also heard from clients of “cold calls” being made to them by Will writing salesmen trying to talk people into buying products, at hugely inflated prices, that they may not want or need.
There are also reports of Wills made by unqualified and unregulated Will writers not being stored carefully or securely.

I would urge anyone thinking of making a Will to do so – they are vitally important documents to have in place. But they are only worth having if they have been properly prepared. If they are not prepared properly they are a waste of time and money.

The friendly, fully regulated, fully insured Linder Myers Trust and Estate team are experienced in drafting Wills. From a basic Will which will suit most of our clients, through to complex Wills including all possible considerations – our team have the expertise to help.

- call us today 0844 984 6002

DIY Divorce

Janet Fleming, Solicitor and Head of Family at Linder Myers Solicitors has some great advice on the dangers of DIY divorce:

Before considering any activity, using an expert family law solicitor will help you avoid the perils of an unregulated minefield. Janet explains why it is best to leave the DIY for your home improvements, not your divorce.

To read the full article please take a look at the Linder Myers Family web site here or for more information call our Shrewsbury office on 0844 984 6002.

Lasting Powers of Attorney (LPAs)

By Richard Ashton, solicitor and Head of Trusts & Estates at Linder Myers Shrewsbury.

A Lasting Power of Attorney (LPA) is created to give an appointed person or persons the authority to make decisions on your behalf, should you lack the capacity to do so yourself. There are two types of LPA:

• a property and financial affairs LPA, giving an appointed attorney the ability to make financial decisions on your behalf
• a health and welfare LPA, giving the appointed attorney the ability to make decisions on your behalf about personal matters (but not financial matters)

Linder Myers can help you to create an LPA catered to your individual needs. We can also act as a Certificate Provider, signing and making a declaration to the Office of the Public Guardian that the person making the LPA was not forced to do so.

Why choose Linder Myers?

Linder Myers’ team of specialist lawyers have extensive experience in Court of Protection work and the creation of Lasting Powers of Attorney. We can help you through this important process.
Just call us on 0844 984 6002.

PIP Breast Implants

An update by our Medical Negligence team.

Professor Sir Bruce Keogh has now completed his review into the information available concerning PIP implants and has advised the Government that ‘the review does not conclude that it is necessary to recommend the routine removal of these implants’.

The British position contrasts with that of the French authorities who have offered to pay for implants to be removed, due to the high risk of them rupturing. Also, both the Czech and German Health Authorities have recommended that women in those countries with PIP implants should have them removed.

The UK review was requested due to conflicting data about the risk of the implants rupturing and leaking of the non-medical grade silicone into the body. The French Authorities have quoted a rupture rate of 5%; whilst the UK has taken a view that the rate is 1% – in line with other implants. The cosmetic surgery group, Transform reported a rupture rate of 7% and North Tees and Hartlepool NHS Trust has reported a failure rate of 54%.

Of the 50,000 PIP implants used in Britain, 4 private cosmetic surgery chains fit 60% of these, namely – Transform, the Harley Medical Group, the Hospital Group and Linia. These major clinics have been accused of putting profit before their patients by refusing to remove the potentially toxic breast implants. The clinics have also been accused of profiting by fitting cut-price PIP implants.

Three of those four private companies have stated that fault lies with the UK Government and its medical Watchdog, the Medicines and Healthcare Regulatory products Agency, for allowing the PIP implants to be imported and sold in Britain.

The latest advice from the Health Secretary Andrew Lansley is for all women to return to their GP or private cosmetic surgery provider to discuss options regarding removal of the implants. Ultimately, the Government has said that any woman who has had breast implants under the National Health Service would have the right to have them taken out for nothing. The NHS has also pledged to ‘step-in’ where a private company refuses to co-operate with a person’s request for removal.

Linder Myers Solicitors has been approached by a number of patients affected by issues surrounding PIP implants and is presently collating patient details in the event that legal proceedings for negligence can be established. There are a number of legal issues affecting PIP implants, such as clinical negligence, professional negligence, breach of contract and the manufacturers product liability. Each of these areas attracts a separate limitation period ranging from 3 years from date of negligence to 10 years for manufacturing issues.

For further information on the expertise of Linder Myers in dealing with the issue raised in this article please contact our Medical Negligence Team on 0844 984 6155/6.

Changes to Unfair Dismissal Law

By Joanne White, Employment Solicitor, Shrewsbury.

A recently leaked Downing Street report suggests that companies should be allowed to dismiss unproductive workers without explanation by introducing a new form of redundancy called “Compensated No Fault Dismissal”.

If this happens, it would signify a radical change to current employment law by rejecting the whole concept of unfair dismissal. Although the report accepts the proposal is controversial, it goes on to say that current rules make it difficult for economic growth, because employers can’t dismiss unproductive workers.

This story follows Government plans to increase the length of service requirement before employees can issue an unfair dismissal claim from 1 year to 2 years, a fee of £250 to issue a claim in the first place (it is currently free) and a further fee of £1000 if a full Hearing follows. These fees will be refunded for successful claims and are due to take effect in April 2012.

As an employment lawyer, my advice to all employees is to ensure that they have legal expenses insurance in place (commonly provided as part of home contents cover) as the cost of taking an employer to an Employment Tribunal is likely to become much more expensive in the near future.

If you have been affected by the issues raised in this article, contact Joanne White.

In Sickness and In Debt – Recession triggers rise in divorce rate

By Janet Fleming, Family Solicitor, Shrewsbury

The latest statistics released by the Office of National Statistics (ONS) have revealed that there has been a recent increase in the amount of divorces taking place in England and Wales. The figures show an increase of 4.9% from 2009 to 2010. This is the first rise in divorce rates since 2003. Over the recent years the divorce rate in England and Wales has been at an all time low, which runs contrary to the popular belief that London is the “Divorce Capital of the World”. This current spike in the numbers of divorces has led many legal practitioners to comment that the recession was not only bad for the nation’s pockets, it also broke their hearts and marriages.

The charity Relate offer counseling services to those couples who are going through divorces and are struggling with the obvious associated pressures. Relate have commented that, “It’s no surprise that the divorce rate is rising given the pressures that couples and families are under. We are seeing more people than ever coming to Relate because of money worries.”
Indeed, the statistics appear to support this conclusion.

Previously, the most popular ground for divorce was adultery however recently this has changed; Currently 55% of divorce petitions cite unreasonable behaviour as the reason for the irretrievable break down of the marriage. In many cases spouses are driven to despair by increasing debt which leads to arguments and eventual family breakdown. A spokesman for the ONS commented that, “Unemployment and downturns in the housing market may be associated with family instability. In addition some individuals may believe they will get a more favourable divorce settlement if their income is currently low.”

However, it isn’t all doom and gloom. The statistics show that marriages are now lasting longer – the current length of the average marriage is 11.4 years. Despite the recent spike in divorce rates, overall the number of divorces has been steadily declining since the ‘divorce peak’ of the1980s.

If you would like expert advice in relation to a divorce or any other family law matter please contact Janet Fleming, Head of Family Department on 0844 984 6139.

The dangers of using Facebook

By guest blogger Joanne White, Employment Solicitor, Shrewsbury.

In a recent employment case, a teacher posted what she believed to be a throwaway comment on Facebook. In an on-line chat with a colleague, she said that “class 8G1 are just as bad as 8G2 LOL (laugh out loud)”. Although the teacher didn’t mention the names of any pupils or the school she worked at, that comment sparked a chain of events that ultimately led to her dismissal.

Like a lot of people who use social networking sites, the teacher in question said she “thought nothing of it at the time” and the comment “was only ever meant to be light-hearted”. However, her employer failed to see the funny side.

I am seeing more and more cases on my desk from employees who have been dismissed for “innocent” comments on Facebook, as well as a huge increase in calls from employers who are having to deal with claims of bullying and harassment, as a result of Facebook activity by their employees.

There is no doubt about it, social networking is here to stay and for the most part, it is a positive thing. However, both employers and employees need to remember some basic rules to try to minimise the risks of falling foul of social networking, even if it is only used outside of working hours :-

Employees should bear in mind :-
• the fact you make the comments outside of work’s time is irrelevant if your comments are considered to be work-related and/or could be said to have brought your employer’s business into disrepute
• it only takes one written complaint for your employer to be legally obliged to investigate your activity
• you could face disciplinary action (and possibly dismissal) for a comment you make on Facebook, however innocent you thought the comment was at the time – before you post it, ask yourself if the comment is worth the risk of losing your job?
Employers should bear in mind :-
• comments on Facebook can fall within the legal definition of bullying and harassment, so you need to take them seriously
• a written complaint by an employee is a formal grievance – a failure to deal with it correctly, could lead to an expensive claim against your business;
• it is more important than ever to make sure you have policies that deal with the potential implications of social networking (eg “email and internet”, “bullying and harassment” and “discipline and grievance” policies.

If you have been affected by the issues raised in this article, contact Joanne White, an Employment Specialist with Linder Myers at joanne.white@lindermyers.co.uk

Wills Wednesday at Linder Myers

By guest blogger Richard Ashton, Trusts and Estates Solicitor, Shrewsbury.

Linder Myers know times are tough economically, but Wills are really important to families so we are doing our bit by offering two basic Wills for the price of one on a Wednesday.

A Will is a legal document by which a person provides details of who will manage and receive their estate when they die. Any individual can make a Will provided they have the necessary capacity but a Will must comply with certain requirements to be valid so we always recommend professional help from a Lawyer is sought.

A Will gives you control because it enables you to choose what will happen with your assets following your death. If you do not make a valid Will the law provides for a set of fixed rules (called Intestacy Rules) which govern how a person’s estate will be distributed. These rules are complex and can result in people inheriting that would not have been chosen. It can also mean people miss out on an inheritance, who the deceased would have wanted to share in the estate.

We hope Wills Wednesday will make it easier for people who need a basic Will but perhaps have not made one at the moment because they feel they cannot afford it. Our friendly Trusts and Estates team will be happy to help so give them a call on 01743 350571.

Tank registration in Shropshire properties

By guest blogger Joanne Parsons

Following on from my article dated 7th April 2011 (http://www.lindermyers.co.uk/tank-registration-in-shropshire-properties_1097.html), steps have now been made by water providers in the Shropshire area to serve notices upon their customers confirming that most private sewers and drains will be transferred to Severn Trent on 1st October 2011.

At the moment property owners are normally responsible for the sewage pipes that drain into public sewers, until they connect to those sewers, and are responsible for all repairs and maintenance to these pipes.

From 1st October, unless the property owner lodges an objection, the government will transfer all sewage pipes outside your property boundaries and all sewage pipes which are shared with another property within your property boundary to the sewerage/water companies.

Property owners will still remain responsible for the private drains within their property that serve their property exclusively, but any shared drains will become the responsibility of the sewerage/water company.

This will result in an increase in costs paid to the sewerage/water companies to take account of the extra responsibilities they will be taking on. DEFRA has estimated that this could add between £3 and £14 to customer’s bills each year, although this may be more depending upon the condition of the pipes, amounts of blockages etc.

This may also impact upon any future building works you hope to carry out at your property. Currently if, for example a conservatory crosses a private sewer, no consent is needed from the sewerage/water provider (making sure an inspection chamber is easily accessible!). However, if these pipes/sewers will become public from 1st October, the consent of the sewerage/water provider will be required.

And don’t forget the deadline for registering septic tanks is 31st December 2011!

If you have any questions or concerns regarding this issue please contact Joanne Parsons.