At Paul J Watson, Family Law Solicitors of Middlesbrough, we believe that disputing parties in family law matters should be encouraged to resolve problems amicably, rather than proceeding to Court immediately, if at all possible.  This avoids the stress and the expense of prolonged court proceedings for our clients.

Resolution is a family law group which encourages family lawyers to help clients resolve their differences and come to an agreement in a constructive and non-confrontational way.  Family Lawyers who are members of Resolution must abide by its Code of Practice, which is designed to promote “an approach to family law that is sensitive, constructive, cost-effective and most likely to result in an agreement”.

You can find out more about the Resolution Family Law organisation by visiting their website.  That site contains special advice for parents and is recommended by this firm to anyone who is experiencing a family dispute.  You can read the information at: http://www.resolution.org.uk/advice_for_parents/

Both our Family Law Solicitors of Middlesbrough, Paul J Watson and Rebecca Davison, are members of Resolution and are committed to its Code of Practice: http://www.resolution.org.uk/editorial.asp?page_id=26

If you need help advice at Magistrates Court from our Criminal Solicitor in Middlesbrough, call us for free advice on 01642 293427 or 07949 186589 out of hours.  We can talk to you about your case and whether you would get legal aid.

1)      What to do first:-

Usually it is not a good idea to attend without first taking legal advice from a specialist Criminal Defence Solicitor.  Your Criminal Solicitor can advise you whether it would be a good idea to have legal representation at Court.  Your Criminal Solicitor will also advise you whether you qualify for Legal Aid in the Magistrates Court. Your Criminal Solicitor will need your National Insurance Number to help you apply for Legal Aid.

2)      What to do next;-

Make sure you know where the Magistrates Court is and how to get there.  Most Magistrates Courts are in the town or city centre, so parking is often a problem, although public transport is usually readily available.

3)      On the day:-

Make sure you are at Court on time to meet your Criminal Solicitor and appear in Court, otherwise you might breach any bail granted to you by the Police.  If you are answering a Summons, then you are not on bail but it still helps to be on time.  Do not ignore the proceedings: they will not go away.

4)      What not to do:-

When in the Court room itself, DO NOT;-

• Wear a “hoodie” or other headgear.
• Chew.
• Have your hands in your pockets.
• Back chat the Magistrates

At different times, you will be asked to stand up or sit down.  Just do it.  Take the proceedings seriously.  If you do not do these things, you will only make things worse for yourself.

5)      How long will it take?

Usually longer than you might think.  There is always a lot of waiting at Court for you and your Criminal Solicitor, so take a newspaper, I-Pod, book or a friend with you.  You might be at Court all morning or all afternoon – be patient!  “Kicking off” just gets you thrown out by security.

6)      Will it all be over in one go?

Not unless it is a Guilty plea for a minor offence; otherwise you can expect to go back to Court at least once more, either for a trial (if you plead “Not Guilty”) or to be sentenced (if you plead “Guilty” or are found guilty after a trial).

7)      Is there a crèche?

Not at Teesside Magistrates Court or Guisborough Magistrates Court, or most other Courts in the North East.  Best not to take the kids at all (unless they are appearing in the Youth Court).

8)      Can I get food and drink there?

At Teesside Magistrates Court, a cafe is open from 10am to 2pm every weekday.  Good quality food and drink at low prices!  Outside those hours, a machine is available.  Just a machine at Guisborough.

9)      I work, can I have my hearing on a Saturday?

No, not unless you have been arrested on a Friday night and you are the subject of a Police application to remand you in custody.

10)   Will there be any publicity?

There could be, depending on how interesting the Media think your case might be.  They can report what takes place at Court and publish your name and address; however, they must be careful not to prejudice your right to a fair trial (if you are pleading “Not Guilty”).  Only Defendants under the age of 18 cannot be named (without the special permission of the Court).

The Government is talking about a new law to prevent the publication of the names of anyone accused of rape, unless they are convicted.  No date has been fixed for this new law to be brought it and we do not know yet whether it will apply to all sex offences.

Article by Paul J Watson, Principal Solicitor.

In today’s society, people who are experiencing matrimonial problems do not necessarily think about contacting a Divorce Solicitor straightaway for legal advice. Many do not want to finalise the end of the marriage by racing down the route of divorce and there are other options.

That’s why at Paul J Watson Solicitor in Middlesbrough, we offer a free 30 minute consultation with a Divorce Solicitor, who can talk to you about the areas of divorce or separation which worry you the most. We can provide practical legal advice relating to marriage counselling and refer you to Family Mediation specialists, who are experienced in trying to resolve matters which may have had an impact as to your feelings towards your spouse. This may resolve matters or perhaps sadly deepen your wish to end your marriage. If the latter is the case, our Divorce Solicitor can guide you through the divorce procedure required to legally dissolve your marriage.

In addition, you may wish to contact our Divorce Solicitor in relation to separating from your spouse. Perhaps you are worried as to the financial implications of separation. We can advise you in relation to the possibility of a Separation Agreement and also any welfare benefits that you may be entitled too.

You may have concerns regarding your rights to your children. Matters which may arise include; Contact, what level should parents expect? Can I take my child on holiday? My spouse won’t allow me contact, what can I do?  In addition, child maintenance is also a concern for both parents, which our Divorce Solicitor can fully advise on.

Whatever the issues, our Divorce Solicitor aims to resolve matters as amicably as possible, reducing the stress and the cost to you.

Contact our Middlesbrough Divorce Solicitor, Rebecca Davison, for further legal advice on divorce, separation, matrimonial problems, child contact, child maintenance and financial matters (ancillary relief).

The Court of Protection (COP) assists in protecting the financial affairs of people who do not have the mental capacity to do so themselves. If the person did not make provisions by creating a Lasting Power of Attorney or an Enduring Power of Attorney, then an application will need to be made to the Court of Protection for a Deputy to be appointed. A Deputy could be a family member, friend or professional and they must be over the age of 18.

The Deputy will have to provide medical evidence to the court to prove that the person to whom the application relates has indeed lost their mental capacity. This is done by sending a standard COP form to the doctor of the person for completion. If the court agrees that the person lacks capacity, an order will be granted appointing the Deputy and this will also set out the authority given to them by the COP together with the limitations.

The court fee payable for the application at the time of writing is £100.00 and the payment must be made by the person seeking to be appointed as a Deputy from the funds of the person to whom the application relates. This fee is for the placement of the Deputy’s name on the Register and for the court to carry out a risk assessment. There will thereafter be supervision fees payable to the court annually. The court will decide what level of supervision is required and allocate the matter accordingly. You should also note that there may be a doctor’s fee to pay, together with the solicitor’s fee. The solicitor’s fee is fixed by the court and it is payable when the Court Order is made.

As a Deputy, you must carry out your duties and adhere to the principles set out in the Mental Capacity Act when making decisions and you must ensure that you act in the best interests of the person to whom the application relates. You are under an obligation to provide a yearly account to the court; therefore you must ensure that you keep accurate records of all your dealings in respect of the financial affairs of the person on whose behalf you are acting.

Please contact us here at Paul J Watson, Solicitor in Middlesbrough for Court of Protection applications. We will be able to answer any of your questions and assist you in the making of your application. You can also visit the Court of Protection’s website at http://www.publicguardian.gov.uk/decisions/deputy-roles-responsibilities.htm and http://www.publicguardian.gov.uk/about/court-of-protection.htm for further guidance.

We at Paul J Watson Solicitors understand that people worry about the future and the uncertainty that it brings and we hope to assist you in planning ahead, should you become ill or incapable of making decisions concerning your affairs.

Powers of Attorney are important tools which assist should the above circumstances arise. The Law in relation to Powers of Attorneys changed on 1st October 2007 and Enduring Powers of Attorney (EPA) can no longer be made or altered, although existing ones made prior to the change in the law are still valid and are capable of registration. You can revoke an existing Enduring Power of Attorney but you will not be able to create a new one.

The new form of Power of Attorney is the Lasting Power of Attorney (LPA); this has now been divided into two separate documents. The Property and Financial Affairs which allows the donor to choose the people whom he/she wishes to make decisions on his/her behalf in relation to their property and monetary matters and the Health and Welfare LPA, which allows the donor to choose who will act in relation to his/her health i.e. medical needs, where they would live in the future etc.

The forms give the donor the opportunity to have one or more attorneys together with one or more replacement attorneys should your original attorneys become incapable of acting. The donor can also lists the number of people whom he/she would like to be notified when the document is eventually registered at the Office of the Public Guardian.

There is a major change to the new LPA; this is the requirement to have a Certificate Provider. A Certificate Provider is someone who is independent and who confirms that the donor understands the significance of the LPA. This person must have known the donor for two years or have the relevant professional skills; therefore the donor’s doctor or solicitor can be a Certificate Provider. If the donor has chosen to give notice of the registration on the LPA form, then only one Certificate Provider is required, however, if there are none, then two Certificate Providers will be required.

If you require a Power of Attorney in the short term, we can assist you with the preparation of a General Power of Attorney (GPA). This kind of Power of Attorney is valid for 12 months and would be beneficial if you live or work abroad or you are unable to make decisions due to unforeseen circumstances and you would like to appoint someone else to do so on your behalf whilst you are away.

The current fee for the registration of an existing EPA is £120 and for the LPA is also £120 for the registration of each LPA document. You can find further information on the Office of the Public Guardians website at http://www.publicguardian.gov.uk/arrangements/arrangements.htm .

A GPA does not require registration.

Contact Paul J Watson Solicitor Middlesbrough for straightforward legal advice on Lasting Power of Attorney and General Power of Attorney.

Getting divorced?  Contact Middlesbrough Solicitor Paul J Watson for assistance.

We appreciate that this process can be daunting and quite understandably causes some distress and anxiety, that is why it is important that you are guided and assisted through it.

There are stages which must be completed before a marriage is dissolved, we hope that this guide will give you a general overview of the process.

There is only one ground for divorce and that is that the marriage has irretrievably broken down. This will then need to be proved by one of the five facts, namely:- adultery, unreasonable behaviour, desertion, two years separation with consent and five years separation without consent. You must have been married for a year before you can bring a petition for divorce.

 The divorce petition is drafted and forwarded to the Court  together with the Court fee of £300.00, your original marriage certificate and a form titled Statement of Arrangements for Children (if there are any children of the family). This form sets out what arrangements will be made in respect of the children, where they will live, any contact arrangements, their school etc. and the petition is then issued and given a matter number in order to assist the Court in identifying the matter when enquiries are made. 

 The Court then forwards the petition to your husband/wife and they will be given seven days from receiving the papers to acknowledge service. Your husband/wife will need to complete and return the Acknowledgement of Service to the Court.

 Please note that if your husband/wife wishes to defend the petition, they must do so within 28 days of receiving the divorce petition.

 The Court will forward a copy of the Acknowledgement of Service to you or your Solicitor  and then an Affidavit will be prepared on your behalf which is a sworn statement proving the contents of the divorce petition. The Affidavit can be sworn at no cost at the Court or before another Solicitor for a small fee.

 The Affidavit is then filed at Court together with a request for a date for the pronouncement of the Decree Nisi which is the first stage of obtaining the divorce.

 After the pronouncement of the Decree Nisi, there is, in accordance with the law a minimum of six weeks from the date of the Decree Nisi for the marriage to be dissolved by the pronouncement of the Decree Absolute.  The same principle applies to the dissolution of Civil Partnerships.

 You may be eligible for Legal Help to assist with your divorce and you may also apply for a fee remission or fee exemption in respect of the Court fees but this is also subject to eligibility.

 If we can be of assistance to you, please contact Paul J Watson Solicitor and we will be happy to help.

The following documents must be supplied in a Home Information Pack;-

• Index
• Sale Statement
• Energy Performance Certificate (EPA) or Predicted Energy Assessment (PEA)
• Evidence of ownership/deeds i.e. Official Copy of the Register & Plan in registered land or an Epitome of Title and corresponding documents in unregistered land.
• Local Land Charge Search, with fully answered questions and not indemnity insurance.
• Read the rest of this entry »

The Valuation Report

When buying a house with a mortgage, this report is obtained by the mortgage lender. A valuer will visit the property to give a basic opinion to the lender as to whether or not it is sufficient security for the loan you have applied for i.e. whether on consideration of the value and condition of the property, it is worth the mortgage lender making a loan to you secured on the house.

You should not rely merely on the valuation report when reaching a decision on whether or not to proceed with the purchase, whether it is adequate for your needs and whether its condition is adequate. The exception is in the case of a new build property which has the benefit of an NHBC Certificate and has been built within the last ten years. You can find more information about the NHBC Scheme at www.nhbc.co.uk

The Home Buyer’s Report

This is a more detailed report, which usually costs around £500.00. The surveyor prepares a more detailed report for you, indicating matters requiring urgent attention or that may require attention in the future. This report is prepared on your behalf, rather than for the benefit of the mortgage lender.

People often think that they have had a survey done if they have simply had a valuation report undertaken; however, please remember that a valuation is just that; it is undertaken for the mortgage lender to ascertain lending value.

You should arrange for your survey as soon as a firm offer has been accepted by the seller and ensure that you receive the results before

If your surveyor does spot a potential costly problem, such as extensive woodworm, damp, wet rot etc, then you might be able to negotiate a reduction in the purchase price to take repairs into account. In this way, the survey can pay for itself. Bear in mind that the seller is not legally bound to tell you about any structural problems; it’s up to you as the buyer to find them. Are you likely to be able to find them yourself? Most would answer “No” and this is why the survey is so important.

Make sure you read the small print though; the surveyor may not inspect unexposed or inaccessible areas, for instance below the floorboards or the roof space.

The full structural survey

This is the most expensive type of survey and obviously, the most detailed. Most people are put off by the cost of this type of survey but when buying a house, surely it is better to know what you are letting yourself in for before proceeding.

There are circumstances when full structural should always be undertaken;-

1. If the property is more than 80 years old.
2. If the property is of high value.
3. If you plan to alter the property structurally.
4. If the property is not of standard construction, in poor condition or in need of renovation.
5. You are paying cash for the property, or you are obtaining a small mortgage.
6. The property is in close proximity to features that may cause subsidence or other structural problems i.e. mines, filled-in gravel pits, rivers, or vibration damage from railways or aircraft.

This type of survey in theory gives the true state and condition of the property but again, make sure you read the small print for exclusions.

Please contact Paul J Watson Solicitor for further advice on choosing a survey.

New regulations apply to replacement windows and doors installed since 1st April 2002.

Replacement windows, rooflights, roof windows and glazed doors (more than 50% glass) have to comply with FENSA Regulations/Building Regulations.

Either a FENSA Certificate or Building Regulation Approval/Completion Certificate should be available for any such works.

Therefore, if you believe that there have been any such works, then you need to tell us, in order that we can check with the seller/their solicitor that such documents are available.  Copies of the relevant documents would be provided to us, and the originals upon completion.

You can find more information from the Building Control Department of your local Council or by visiting www.fensa.co.uk.

The FENSA site has a free search facility where you can enter the postcode of the property and check whether or not FENSA Certificates are available for your particular proposed property.

This search is undertaken shortly before completion takes place to ensure that no financial charges have been registered against the property which have not been disclosed by the seller.

The significance of this issue is that any such financial charges must be paid off by the seller on completion.  The object of the search is therefore to protect the buyer and the buyer’s mortgage lender.  The latter requires that it should have the first registered financial charge against the property.

This search is undertaken in every case, whether or not you are buying with the benefit of a mortgage.