Heptonstalls Updates

I was the victim of an unprovoked assault and suffered injuries.  What can I do?

You may be able to apply to the Criminal Injuries Compensation Authority which provides compensation for victims of crimes of violence.

The application must be made within 2 years of the date of the assault and it is important that you report the incident to the police and co-operate with them throughout their investigation. It is not necessary for an offender to be  convicted or even charged with the crime.

The Criminal Injuries Compensation Authority will take into account your behaviour before, during and after the assault; your criminal record and will also require you to have co-operated with them.

If the application is successful then the CICA will obtain medical evidence from your GP and/or hospital and make an award of compensation for the injuries you have suffered.  The level of the award will be assessed by the Criminal Injuries Compensation Authority using a tariff system.

If you have lost earnings or the ability to earn for longer than 28 weeks, then you may also be entitled to out of pocket expenses such as loss of earnings, adaptions to your home, damage to property and the costs of care

To discuss your claim call Helen Russell on 01405 765661.

This article is intended for general information purposes only. Legal advice should always be sought relating to your own specific circumstances.

FORTHCOMING LEGISLATION In general, the government introduces legislative changes twice a year. We provide an overview of the main changes effective for the next six months from April 2012.

HISTORICAL PAY A court has said that employers can rely on a difference in pay at the recruitment stage as a defence against an equal pay claim submitted a few years later.

INTERVIEW NOTES Although employees at risk of redundancy have the right to see their scores, a court has said that does not mean they have the right to see whatever documentation they ask for before the decision is taken to dismiss them.

WORKERS' SKILLS BEING UNDERUSED According to a recent report by The Work Foundation, employers are underusing workers' skills.

Read the full Employment Law Update - March 2012

My neighbour has said they want to replace the boundary fence with a wall but I don’t want them to.  I think the fence belongs to me but my neighbour believes it belongs to him.  What can I do?

Firstly we would need to investigate your Title Deeds to the property and see if they state which boundaries belong to which property.  We can also tell this from some Plans.

If these are not definitive, and frequently they aren’t, you have 3 options.

Firstly you and your neighbour can agree to jointly instruct a surveyor to come to the properties and decide where the boundary line lies .

Secondly you can apply to the County Court for a Declaration as to Ownership so the court can decide where the boundary lies, although frequently this simply involves instructing a surveyor, so the same result can often be achieved much more quickly and cheaper if you and your neighbour can agree as at the first option.

Lastly you can apply to the Land Registry for the Adjudicator to make a decision as to boundaries, which works in a similar way as option 2.

The second and third options can be time consuming and costly, so the first option is always to be recommended if possible.

If you require assistance with a boundary dispute please contact Hayley Garnett at Heptonstalls LLP on 01405 765661

This article is intended for general information purposes only. Legal advice should always be sought relating to your own specific circumstances.

My long term partner has died without leaving a Will.  We have a son aged 18 and a daughter aged 15.  What will happen?

Unfortunately, the law relating to intestacy does not recognise the rights of unmarried couples so you will not be entitled to anything under your partner’s estate as it stands.  The intestacy rules are also rather inadequate when dealing with young beneficiaries as your son will be entitled to the money immediately, whether or not he is actually grown up enough to handle that amount of money.  The money will be held in trust for your daughter until she reaches 18 or marries younger.

Certain money could be used from the trust for your daughter towards her upbringing. This is only a partial solution however, and can only ever relieve the burden on you for paying for school fees for example.

It is also possible for you to challenge this in court but this effectively means suing your own children and it is unlikely to be something you are keen to do.

Jointly held property like the house may pass to you automatically.  You would need to seek advice on whether this would happen. 

 You may agree with your son, that he sacrifices some or all of the monies.  Effectively he could then give you some money however that can only be from his share of the estate and not from the share of your daughter.

For advice on making a will or probate you can contact Claire Green at Heptonstalls LLP Solicitors on 01405 765661

This article is intended for general information purposes only. Legal advice should always be sought relating to your own specific circumstances