The drop in clinic will be based at The Law Shop, 13-14 Market Street, Loughborough LE11 3EP and will run from 10 am until 4 pm.

The Family Law team will be readily available to offer their specialist services and in addition, advisors from two other organisations, ‘Relate’ and ‘Women’s Aid’ will be available throughout the day to offer their services, advice and support.

There will be refreshments and a play area for children, so please feel free to drop in and speak with our team of advisers.

For Edward Hands and Lewis, it’s also a reason to celebrate, as we’re also marking a milestone – 115 years since we were first founded.

It was on September 25th, 1897 that Joseph Hands set up his own practice at 63 and 64 Mill Street in Loughborough – now called Market Street, and home to The Law Shop, our modern-day solicitors’ office that’s a world away from the dark-wood-and-leather world that Joseph Hands would have started out in.

We’re proud of our heritage and history in the Leicestershire region, but we’re feeling a little bit special this year because EHL was founded in a Diamond Jubilee year.

Back in 1897, it was the 60th anniversary of Queen Victoria coming to the throne – she was Britain’s longest-serving monarch, with a reign that ultimately lasted for 63 years and seven months, although it’s starting to look like the current Queen could surpass that.

In fact, 1897 wasn’t just a Diamond Jubilee year – it was the first Diamond Jubilee year, at least for a 60th anniversary. Before then, diamond was the symbol for 75 years, but was used for Queen Victoria’s 60th year because… well, there just wasn’t anything else to use, it seems.

Party like it’s 2011

Remember when street parties seemed special? That was about two years ago.

Since then, we’ve had a Royal Wedding, and now a Diamond Jubilee, with extra Bank Holidays (or ‘public holidays’, if you’re being picky) in order to celebrate.

A lot of the red tape’s been removed from the street party process, so if you’re in a cul de sac and your neighbours agree, you can probably have a barbecue or similar without any special permissions.

If yours is a busy road and you need to close it off, you’ll probably need special permission – our post at http://www.ehlsolicitors.co.uk/news/party-like-its-1977-2 has some good tips from Kate and Wills’ wedding last year.

The general rule of thumb is the same though – if your party won’t cause massive disruption, and you’re not advertising it or charging for tickets, food or entertainment, you should be OK.

Leicestershire has plenty of rural communities where a street party would be a great idea, so hopefully this summer will give families and friends across the region the chance to get to know their neighbours a little better, even if you’re not the country’s biggest royalist.

We’ll be celebrating 115 years of serving Loughborough and Leicester’s legal needs alongside the Diamond Jubilee – although our official anniversary isn’t until September – so there should be a few parties in the EHL office during the months to come.

Pop down and wish us well if you get a minute – we’d love to be able to thank some of you in person for all your support over the years, whether you’re a new client or one we’ve had for decades.

It is often an extremely difficult time for friends and relatives to witness someone they care about lose the ability to make decisions and manage their own affairs. The distress felt by those closest may be compounded by the inability of anyone to access the finances of the person who has lost capacity, often leaving them in financial limbo.

Without a Power of Attorney or Order of the Court of Protection, a friend, relative or even next of kin cannot access the bank accounts or finances of a person who has lost capacity. This means that at a time when a person most needs support, those closest to them are unable to help.

If no Power of Attorney is in place an application to the Court of Protection will need to be made to appoint a Deputy to manage the person’s affairs. This can be a time consuming and expensive process.

A Lasting Power of Attorney can only be made whilst a person still has capacity. For anyone with Alzheimer’s disease or any other degenerative mental condition or for anyone who wants to have their affairs in order, a Lasting Power of Attorney should be considered before it is too late. The document can be drafted so as only to come into effect once a doctor has certified the person as no longer having mental capacity, meaning you can manage your own affairs for as long as possible.

Two types of Lasting Power of Attorneys exist.

1. Property & Affairs – This allows the attorney to manage all the property and financial affairs of the person; and
2. Personal Welfare – This allows the attorney to make decisions on medical issues or to advise on the type of care the person who has lost capacity receives. 

The cost for one of these Powers of Attorney is £500 plus VAT or we can draft, serve and register both for £800 plus VAT. In addition a court fee of £130 per Power of Attorney is payable.

If you would like to discuss the options in more detail please contact us on 0800 999 8880 for a free 30 minute consultation with one of our experts.

David Cameron previously pledged that his Government would introduce gay marriage and this was expected to be put forward in the next parliamentary session. However, the public consultation launched in March achieved a high level of objection, most notably from religious organisations. Quakers and some senior Anglicans and Jewish leaders spoke out in favour whilst Sikh, Catholic and Muslim leaders remained in opposition. The matter led to leaders on both sides of the debate resigning over the issue.

The proposal was also fiercely opposed by several Conservative MPs, and it now appears the Government may have abandoned the plans in the face of objections. One of the main criticisms is that the existing Civil Partnerships grant all rights available to married couples, and therefore the extra change in law is not required.

The Government did not bring out a draft bill to set our how gay marriage could work. As civil partnerships offer almost identical rights to marriage, it may be the case that the introduction of gay marriage would not have any legal impact. Those in favour, though, argue that any distinction between the legal unions available to straight and gay couples, even if in name only,  amount to unjustifiable homophobia.

The employer must demonstrate the decision to compel an employee to retire was not discriminatory and the employer will need to justify the retirement age as a proportionate means of achieving a legitimate aim. 

This has been seen as quite dangerous for employers as they are open to age discrimination claims if they do not have evidence of furthering a legitimate aim by asking an employee to retire. 

Recently the UK Supreme Court has described the powers employers have to force workers to retire after a ruling involving a law firm refusing to allow one of its partners to continue working after his 65^th birthday. 

The partner, Leslie Seldon, argued he was forced to retire as a result of his age and was therefore being discriminated against. In reply, the firm stated the decision was to strengthen succession at the firm. 

The Court considered whether or not the firms’ reasoning was fair and helped a legitimate aim. 

The firms’ succession policy meant there were legitimate aims for its retirement policy and included the ability to ensure younger workers had the opportunity to become a partner, to plan when vacancies would arise and to limit the need to expel partners for poor performance. 

Whilst the Judge stated firms should be cautious when applying mandatory retirement policies, the Court agreed fairness between the generations was a legitimate aim and therefore Mr Seldon’s appeal was rejected. 

This judgment demonstrates mandatory retirement policies are allowed as long as they are proportionate to their aim. If you are worried about your current policy or are thinking about introducing a policy, it is advisable to seek legal advice before any policies are implemented.

The Electricians Tax Safe Plan is a time-limited opportunity where electricians can pay any tax and interest they owe, whilst benefiting from lower penalties of only 10 per cent, with a maximum of 20 per cent. Normally, penalties of up to 100 per cent of the tax owed can be charged, with possibility of criminal investigation in the worst cases.

This campaign is aimed at anyone who installs, maintains and tests electrical systems, equipment and appliances – and covers any tax owed, for whatever reason.

The deadline for electricians to register is 15 May 2012. They then have to make arrangements to pay the tax owed by 14 August 2012.

Marian Wilson, head of HMRC Campaigns, said:

“Electricians who think they owe tax should get in touch and get their tax affairs in order, easily, and on the best terms.

“We are gathering information from a wide range of sources, including online advertising, industry bodies, trade directories, professional ‘electrical safety’ certificates, trade suppliers and tax records. Our sophisticated software allows us to use this information to find people who should come forward and use the Electricians Tax Safe Plan.”

The Electricians Tax Safe Plan is the second part of a campaign aimed at tradespeople. The first targeted plumbers and heating engineers.

Fourteen plumbers have been arrested so far, and one was jailed for 12 months in March for evading £91,000 of tax and national insurance.

Anyone wanting assistance in making a disclosure should give us a call and we would be happy to help.

When interest rate swaps were introduced, the intention was to create a product that protected SMEs from rising interest rates.  A rate of interest was agreed between the banks and the SME and if the interest rate rose, the bank would pay the difference whereas if the interest rate fell, the SME agreed to pay the difference to the bank.

Historically, the products are believed to have been widely utilised by councils but, the Audit Commission took the matter to court back in 1988 and it was declared the contracts were illegal.  The banks were faced with enormous losses, but it seems they did not learn their lesson.

Since early 2000, the products have been widely sold to SMEs and banks are now facing criticism over the advice given to SMEs at the time the products were offered.  In many cases the banks failed to explain the risks of falling interest rates to the SMEs or the exit costs of the products.  Since the products were offered, interest rates have hit significant lows resulting in extortionate payments being demanded by the banks from SMEs as per the interest rate swap agreement.  This has led to many SMEs facing administration or liquidation.

Edward Hands & Lewis have been watching developments in this area for some time and in light of the discussions between Guto Bebb, MP and the Treasury’s enquiries with the Financial Services Authority, it seems many SMEs will be seeking legal advice in respect of the products sold to them.

If you think you have been mis-sold an interest rate swap agreement, we can help.  Our team of Solicitors will be able to review your papers and provide advice as to whether you are entitled to make a claim against your bank.

For a no obligation discussion, please contact Frances Jacobs on 0116 266 5394.

As such it is important business owners examine who owes the business money and ensures that effective action is taken to recover payment.  A credit control and debt recovery process should be enacted at the earliest opportunity.

If credit control has not produced payment there are a number of options available to the business.  In brief it may:

1. Enter into written correspondence with the creditor to try to draw out payment;
2. Draft and serve a statutory demand upon the creditor;
3. Commence County Court Proceedings against the creditor

Each option has its benefits but each also comes with issues for consideration before action is taken.  For example, it may not be suitable to serve a statutory demand if the creditor has raised an issue about the quality of goods / services or whether the sums claimed are correct.

Similarly, it may be too hasty to become embroiled in issued county court proceedings without first considering the extent and merit of a creditor’s potential defence to the claim.

At Edward Hands & Lewis we have a dedicated team of experienced civil litigation solicitors ready to provide you with a free consultation as to which, if any, of the options are appropriate for you and your business.

If you wish to discuss debt recovery in more detail please contact Paul Stubbs paul.s@ehlsolicitors.co.uk or Frances Jacobs on frances.j@ehlsolicitors.co.uk

There are a number of options open to businesses

It can be frustrating and worrying to be in a situation where works have been conducted under a contract for goods / services and payment has not been made.  In

Employers should familiarise themselves with to avoid potential difficulties.

The qualifying period for employees to bring an Employment Tribunal claim for unfair dismissal will be 2 years continuous service for those employed after 06 April 2012 – rather than 1-year service for those employed prior to 06 April 2012.

April has also seen changes to the Employment Tribunal procedures. Prior to the changes the Tribunal could make a deposit order up to a maximum of £500.00 in return for an individual or business being allowed to proceed with their claim to a final hearing. The maximum order has now been increased to £1,000.00 in the hope it will deter claims with a limited prospect of success from continuing fruitless claims.

Cost orders (an order for the ‘losing party’ to pay the ‘winner’s’ legal fees) are quite rare but the Tribunal now has authority to award a maximum of £20,000.00 as a costs penalty, rising from a previous maximum award of £10,000.00.

The Tribunal can also direct the parties to an Employment Tribunal claim to pay any witnesses expenses and the party who effectively loses the case may be asked to reimburse the other party in the event of such expenses being paid previously.

After much debate the law relating to compromise agreements has been altered to clarify that the potential claimant (the employee), when meeting with his solicitor, has met the requirement of obtaining independent legal advice whereas the previous wording left some scope for discrepancies which could lead to the agreement being unenforceable.  This will allow employers to be confident they can settle potential claims properly when they enter into a compromise agreement with an employee.

If you are in any doubt as to how these changes effect your business please contact Paul Stubbs or Rebecca Gunn on 01509 216161

The 30-year-old from North Kilworth, just down the road from our Market Harborough solicitors’ office, made it to the final mile of the London Marathon on April 22nd, before collapsing and dying.

She was running in order to raise funds for the Samaritans – and was no stranger to fundraising, having climbed Mount Kilimanjaro in the past.

But this, her final effort, is tinged with both tragedy and triumph, and has caught the nation’s hearts in an unparalleled way.

“It was just going to be for fun”

Ms Squires’ JustGiving page reveals that her Marathon run was initially “just going to be for fun”, but that she realised it was a “fab opportunity” to raise money for the Samaritans.

She asked for all of her friends to donate £5 each, and reportedly reached a total of about £500 in donations by the time the London Marathon began.

However, since her death, her name and story has spread on social networks, with many members of the public adding their own donations as a mark of respect.

At the time of writing, Ms Squires had raised over £615,000 from more than 54,000 individuals, with her family and friends urging the public to keep the donations coming in.

You can visit Ms Squires’ JustGiving page at http://www.justgiving.com/Claire-Squires2 or donate by texting the shortcode TRHN55 £5 to 70070.

“A moving example of the power of the internet”

On April 23rd, just a day after Ms Squires’ death, JustGiving published a blog post revealing that they will be waiving their usual fee on donations made to the Samaritans via her page.

“The response to Claire Squires’ death has been extraordinary,” the article states. “Out of respect for Claire’s memory, we will be donating our fees back to the Samaritans.”

Charitable donations made via JustGiving are ordinarily subject to a 5% fee, used to cover the costs of running the site – this is applied to the initial amount donated and the Gift Aid recovered from the government.

In Ms Squires’ case, more than £130,000 in Gift Aid has already been claimed, equivalent to about £6,500 in fees, along with over £30,000 in fees on the original donations, all of which will now be added to the amount received by the Samaritans.

“Overwhelmed by the response”

The Samaritans have issued several statements since Ms Squires’ death, confirming that she was running in support of the charity that her mother has volunteered for over the course of the past 24 years.

Chief executive Catherine Johnstone said: “We desperately wish that it was not under these circumstances, but we have been overwhelmed by the response from people donating in Claire’s memory.

“These donations will be put into a tribute fund and, following discussions with the family, will go towards projects they feel would have been important to Claire.”

The charity also thanked JustGiving for waiving their fees, and asked that members of the media should respect the Squires family’s right to grieve in privacy.

A Lasting Legacy

We’re a very family-focused firm and, like everyone else in the country, we’ve been touched by this story, and by the sad loss of a local resident.

It’s not a pleasant feeling to know that, just a short distance down the road from our Market Harborough office, floral tributes are being left to a young, much-loved fundraiser who gave her all in the support of a good cause.

However, at a time when money is tight for many families – and with the economy dipping back into recession – it’s uplifting to see such massive support pouring out in tribute to Ms Squires.

JustGiving are being rightfully praised in the press for donating their own fees back to the Samaritans – although, as they point out on their site, it’s equally important that they are able to fund the running of the site to collect donations in an easy and reliable way for all kinds of causes.

When the final total is tallied up, it would come as no surprise to see the Samaritans receive at least £1 million in donations and reclaimed Gift Aid, and we hope the money is put towards projects that celebrate Ms Squires’ contribution in a recognisable way.

Taxing the Charities

Finally, just a couple of side notes to this story – firstly, how charities were affected by the 2012 Budget speech delivered by Chancellor of the Exchequer George Osborne in March.

The Chancellor announced a cap on the amount of tax relief the very wealthy can claim on charitable donations, meaning that, from April 2013, they will only be allowed to claim back £50,000 on the donations they make.

Charitable organisations expressed concern that this could severely reduce the total amount they receive – given that high-net-worth individuals are responsible for a significant proportion of total donations at present.

However, for smaller donations, the Budget also outlined plans to make it easier for charities to claim Gift Aid, without needing individual declarations from donors to prove that they are income-tax payers.

Despite this, the measures are unlikely to balance one another out, and charities could still end up out of pocket during an already-turbulent economic cycle.

In this climate, it’s particularly reassuring to see that the public can still pull together to support a worthy cause – and it’s worth noting that Ms Squires’ donations so far have averaged about £11-12 each, rather than consisting of a handful of large contributions.

The Heart of the Community

The final side note to this story comes from Ms Squires’ home of North Kilworth in Leicestershire, where a timely fundraising effort is already underway to try and equip the village with its own defibrillator.

In an emergency, 999 operators would be able to provide the key code to unlock the defibrillator, allowing it to be used until an ambulance could reach the incident.

Fundraising was already underway before Ms Squires’ death, but it seems a particularly fitting way to remember her within her own community – you can find out more on the North Kilworth website.

Alternatively, if you want to donate to the Samaritans in honour of Ms Squires, you can visit her JustGiving page or text the shortcode TRHN55 £5 to 70070.