Watkins and Gunn

Pontypool: 01495 762244 | Newport: 01633 262122 | Cardiff: 02921 154313

Pancake Day

 

Pancake Day

Make some pancakes?

Yes! I can do that

So I get a frying pan

And heat up the fat

Then add batter and currents

It won't be long

Easy this cooking...

What could go wrong?

Time to toss it I think

Cos it's ready I'm feeling

But it's flies through the air

And now it's stuck to my ceiling!

 

Cardiff Office Launch Party

 

The pics of our Cardiff office launch party feature in the new edition of Cardiff Life Magazine Page 17!

http://content.yudu.com/Library/A1vk3v/CardiffLifeNo76/resources/index.htm?referrerUrl=http://free.yudu.com/item/details/472952/Cardiff-Life_No-76

Property Market in Wales -its not all doom and gloom

Recent studies have shown a "slow start" to the property market in 2012 particularly inWaleswith onlyLondonbucking the trend.  This is primarily due to the Olympics heightening the interest of overseas buyers wishing to move their wealth out of countries such asGreece,SpainandItalyand look for a "safe haven" inLondon.

 

Walesshowed the most resilience as residential property prices increased for six consecutive months up until November 2011 but unfortunately, at the start of 2012, they have now fallen by 1.3%.  Despite this, one major lender predicts that prices will rise over the next 12 months and that mortgage payments for new borrowers are now at their most affordable in 14 years.

 

AsWaleswas the only region where house prices had previously increased year on year with not evenLondonenjoying that growth, we need to see the opportunities that are available rather than just doom and gloom.

 

It is sad that there are a number of casualties to re-possession, but this does present excellent opportunities for first time buyers and shrewd investors as many properties will become available at bargain prices, much reduced from the true market value.

 

Our highly specialised Property Team has the Law Society CQS Accreditation so call us first and you will receive an excellent, friendly and personal service with no hidden costs or charges. 

 

Sally Roberts, Solicitor and Head of the Property Department, Watkins & Gunn

 

Should Lawyers Dress Like Lawyers?

Abigail Cumpstone, a solicitor at Watkins and Gunn, reports on the new trend for lawyers to dress down.

It was announced last month that lawyers appearing at the Supreme Court, theUK's highest court, will no longer have to wear traditional dress of a wig and gown.

This follows the announcement in 2008 that judges in civil and family cases inEnglandandWaleswere no longer required to wear wigs. Wigs and gowns have been worn in court for over 300 years but they are now seen as a potential bar to making justice accessible to the public. The Ministry of Justice have plans to further improve the transparency of the legal process and in September declared their intention to remove the ban on cameras in court. This will initially be limited to televising judgments in the Court of Appeal, then expanded to include the Crown Courts.

The movement towards more casual dress has also spread to law firms. Whilst many still insist on traditional business attire a growing number of firms are choosing to relax their dress codes and dispense with suits and ties. One firm are even reported to encourage shorts and flip flops and their only dress requirement is to wear footwear - because their insurance company requires it!

Whilst many people still think that we lawyers should dress like lawyers all of the time, the trend certainly is towards more relaxed dress. However, a balance will need to be struck between making the legal system less intimidating and more accessible and transparent, whilst not damaging public confidence and respect for the dignity and solemnity of court proceedings.

To have your say on the issue visit our web site www.watkinsandgunn.co.uk and post a comment on the blog or follow us on Twitter @watkinsandgunn or Facebook www.facebook.com/WatkinsandGunn

 

 

The Stresses of Moving Home

Clive Thomas, Managing Partners at Watkins & Gunn solicitors considers the Top 10 most stressful things about moving home  of moving home…

Moving house is ranked as one of the most stressful things that you will ever do in your life, right up there with divorce and bereavement. Inevitably there is bound to be some stress and tension when you buy or sell a house.

Here are my current top 10 most stressful things about moving house-

  1. Saving for a deposit.
  2. Finding a suitable house…putting up with the full tour of houses  that you realise are unsuitable from the moment you set foot in them and missing out on the house that you want!
  3. Viewings - Pretending it is fine for complete strangers to poke around your house!
  4. Waiting for the surveyor's report and/or finding a good mortgage deal.
  5. Waiting for an offer on your house …particularly when you then find that the  "interested viewer" doesn't actually have a house to sell or a job or any means to pay for it at all!
  6. Waiting to hear if your own offer is accepted and negotiating through the estate agent when you just want to buy it now!
  7. Finding a good solicitor -   Quotes can be hard to unravel and it is difficult to know if you're comparing like with like. Do you pick the cheapest or the most experienced?  
  8. Communicating with your solicitor and estate agent in the stages leading up to exchange and completion and understanding the technical jargon.
  9. Waiting to hear that the completion has gone through (usually in a removal lorry - with your buyers' lorry sitting on your drive!)
  10. Packing up to go and unpacking in the new home - 43% would rather use family and friends to help

In our next article we'll provide a guide to avoiding the pitfalls and having a stress-free move …

Clive Thomas may be contacted at theNewportOffice of Watkins and Gunn on 01633 241160

 

 

Solving the Organ Donation Dilemma

Jonathan Wellington, of Watkins and Gunn Solicitors, considers the current issues surrounding the emotive topic of organ donation in theUK.

 

The issue of organ donation has been in the news with the proposal by the Nuffield Council of Biotechnics that the NHS should pay for the funerals of organ donors and the recent announcement by the Welsh Assembly Government.

 

Currently the demand for organs far outstrips the availability of organs for transplant, and inWalesone person dies every 11 days whilst awaiting a transplant.

 

Payment for organs remains illegal and currently the organ donation system operates on an "opt in" basis,that is that you must make an active choice to join the Organ Donation Register and your relatives retain the right to veto the decision after your death.

 

Recently steps have been taken to increase donors, most notably with the amended Driving Licence Applications including a question about organ donation.

 

Walesis very much at the forefront, with the Welsh Assembly Government having announced plans for a new law for organ donation by 2015. Under the new law you will be presumed to give your consent unless there is an indication to the contrary, although your relatives will still be consulted and unless they object the donation would proceed.

 

It is clear that action is overdue as 90% of us are reported to support organ donation whereas only around 25% have actually registered on the Organ Donor Register. The Nuffield proposal of a partial move towards payment is controversial one ,however this together with the Welsh Assembly Government's plans, are part of a growing movement to increase the number of available organs to avoid unnecessary future deaths. 

Sophie Hughes from Watkins and Gunn comments on giving parents equal contact rights in Wales Online (1)

http://www.walesonline.co.uk/news/wales-news/2011/11/04/failure-of-official-review-to-give-parents-equal-contact-rights-with-children-clashes-with-welsh-government-policy-campaigners-claim-91466-29717364/#ixzz1ckqwiAxQ

Your home is still your castle!

Jonathan Wellington, a Partner at Watkins and Gunn Solicitors, considers the latest developments in the law relating of self- defence at  your home 

 

The phrase that your home is your castle has come to the fore recently after a Mr Vincent Cook was cleared of any wrongdoing following the stabbing of a burglar at his home and the Government's announcement that the law needs clarification through new legislation.

 

The law states that you may use "reasonable force" to protect yourself or another, your property or to prevent crime or to assist in the arrest of an offender. Reasonable force is defined as "such force as is reasonable in the circumstances".

The issue has become something of a political football. Justice Secretary, Kenneth Clarke, has stated that householders are entitled to use "whatever force necessary to protect themselves and their homes". The proposed legislation, he states, would make this "much clearer", for example, he has said that " you can hit the burglar with the poker if he's in the house and you have a perfect defence" but this would not extend to shooting a burglar in the back while they are running away or getting friends together to beat them up.

The issue is a difficult one as, even following any new legislation, every case will still need to be judged based on its own individual circumstances. There is certainly a move towards greater rights for householders to defend themselves, their loved ones and their property. However, as a note of caution, if you overstep the mark and use excessive force you will remain liable to criminal prosecution and a potential civil action.

Child Workers

Lisa Guscott an employment specialist at Watkins and Gunn Solicitors considers the law relating to Child workers.

Many potential employers will be unaware of the legislation regarding the employment of school age children.  The laws are put in place in order to protect children whilst at work and some of the key requirements are that children may not work -

 

  •  until they are 13 years old
  • without an employment permit issued by the education department of the local council
  • in any industrial setting
  • during school hours
  • before 7.00 am or after 7.00 pm
  • for more than one hour before school
  • for more than four hours without taking a break of at least one hour
  • in any prohibited occupations, such as pubs and betting shops
  • in any work that may be harmful to their health, well-being or education
  • without having a two week break from any work during the school holidays in each calendar year

During term time children may work a maximum of 12 hours per week. Whereas during school holidays 13 to 14 year olds may up to 25 hours per week and 15 to 16 year olds up to 35 hours per week.

Employers are required to register any child in their employment with the local authority, although this does not apply to work experience. They must carry out a risk assessment for each child.

A paper round is still the most commonly held job for school age children, however it can also be one of the most dangerous jobs particularly when working alone on dark mornings or evenings. Children working without a permit from the local authority may not be covered by insurance and so employers may run the risk of having claims made against them should a child be injured and they can also face a fine of up to £1000.

So it remains very important that parents and employers are aware of the law as a lack of awareness and understanding can leave young people vulnerable to exploitation and injury.

Children Cage Fighting - Where Do You Stand?

Kate Roberts, Children Law specialist at Watkins & Gunn Solicitors Explores the recent controversy concerning children's involvement in cage fighting…

Many column inches and editorials have been devoted to the recent cage fight between two young boys watched by 250 adults at a Labour club inPreston. 

The Culture Secretary Jeremy Hunt described it as "very barbaric" and the activity has been criticised by the NSPCC and the British Medical Association for putting children at risk.

The police investigated and found no case to answer.  Nick Hartley the father of one of the boys could not see that he had done wrong.  He said that his son loved the sport and it was not a bit dangerous.

Whatever the arguments for and against this "sport", failure to protect your child, even if the activity is legal, can result in the involvement of social services and potentially care proceedings.  Parents are placed under a duty under the Children Act 1989 to protect their children from harm.  If social services receive a complaint which they were duty bound to investigate and found that one or both parents had failed to protect their child, they could issue care proceedings and remove the child from their parents' care.  There is no suggestion to date that this has happened in this case, but parents need to be aware of their obligations and duties to their children to keep them from harm.