News 

30 June 2010

 Tackling Domestic Violence.....

’Breaking the Chains, Making the Links’ Event

One of our legal clerks, Trisha Parmar, from emeryjohnson’s Family Law Department, recently attended the ‘Breaking the Chains, Making the Links’ event held at the Leicestershire Constabulary Headquarters in Enderby.

The event was attended by a vast array of people from Police Officers, Social Workers and Family Aid Workers, to school nurses and volunteers from charities such as the Samaritans.

The event included a presentation from District Judge Atkinson, who deals with a number of cases in which Domestic Violence is an issue, both in respect of applications for Injunctions and applications under the Children Act 1989. The Judge provided the audience with an insight into the legal options available to potential victims and what Judges look for when deciding whether to grant an Order.

The event also included a number of workshops looking at:-

Domestic Violence is defined as: "Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality."

Awareness on the issue of Domestic Violence has been raised on a national level. It has meant that it is taken very seriously by the Courts and the police with breaches of Non Molestation Orders now being an automatic Criminal Offence. The police force in Leicestershire can provide specially trained officers to deal with matters sensitively and proactively and it is therefore imperative that all incidents are reported to the police.

emeryjohnson are one of few firms who believe in investing the time to attend events such as these and are always keen to create links with various agencies that deal with the issues surrounding Domestic Violence.

Our Family Law team at emeryjohnson consists of specialists in Domestic Violence Law and who can also provide advice from the initial telephone call through to representation at Court if necessary.

All consultations are private and confidential and we also have members of the team that speak a number of different languages such as Gujarati, Hindi, Urdu, Mirpuri and British Sign Language (Level 2).

To arrange a private and confidential appointment, please contact a member of the Family Law  Team on 0116 2554855.

3 June 2010

IS THE AGE OF CRIMINAL RESPONSIBILITY TOO LOW?

Two boys aged 10 and 11 were ordered to sign the sex offenders register after an Old Bailey jury found them guilty of attempted rape.

The two boys are among the youngest people charged with rape in Britain.

The case has provoked a debate over what the age of criminal responsibility should be.

The same issue came to light with Jamie Bulger’s killers in 1993. Since then there have been calls to the government to raise the age of criminal responsibility as it was felt following this case that most children under the age of 12 do not fully understand the severity of their actions.

Although there was much controversy following the Bulger case, Section 34 of the Crime and Disorder Act 1998 abolished the presumption that a child between 10 and 14 years could not form the necessary criminal intent. The view was that early intervention would prevent offending and to help young people develop a sense of personal responsibility for their misbehaviour.

The age of criminal responsibility in many European countries ranges between 14 and 16. In Belgium the age is 18, Spain-16, Italy- 15, France-13 and Holland -12. However in England, Wales and Northern Ireland the age of criminal responsibility remains at 10, remaining one of the lowest in Europe.

When the issue was brought to the attention of the Ministry of Justice, they stated that those over 10 “knew the difference between bad behaviour and serious wrong doing”. However we should question...Is it only knowing right from wrong or is it understanding the nature and gravity of what a young person has done?

In the recent case of attempted rape by two young boys the judge, Mr Justice Saunders took into account the ages of the two defendants and put in place the following measures:

The case caused debate over whether Juveniles should appear in a Crown Court either as defendants or witnesses as they may be deemed too immature to understand the allegations involved.

The young complainant in this case was subjected to a string of leading questions which the judge on reflection stated that she may not have understood.

The girl initially told her mother that the young boys had raped her but following cross examination denied that either boy had done so, agreeing that they had been playing a game of doctors and nurses.

This highlights the urgent attention required for changes to the way the criminal justice system deals with children including holding trials in open court with media and public spectators, the questioning of child witnesses in court and the use of custodial sentences.

Felicity Gerry one of the emeryjohnson’s frequently used barristers and author of the sexual offences handbook questioned the decision to take children so young to court for a sexual offence, stating “A lot of children may know that to kill a three year old with an iron bar or to drop concrete on a child is wrong...but proper sexual awareness only comes with greater maturity”.

The case has brought the issue of how children are treated in court and their understanding of criminal activity to the forefront of the English legal system.

Controversy surrounding the age of criminal responsibility in England dates back centuries and is only revisited each time a high profile case results in the conviction of a young child.

Will there ever be a legal system suitable to deal with young children in court proceedings or will the government push the matter aside until another serious case comes to the attention of the media and society?

25 May 2010

Samena Bibi Qualifies

emeryjohnson are proud to announce that Samena Bibi has qualified as a Solicitor, having completed her training contract with the firm in April.

Samena started with the firm as a Legal Clerk, becoming a Trainee Solicitor and finally qualifying into one of our highly competent, reliable and committed solicitors in the Family Department.  Samena has shown what outstanding achievements emeryjohnson’s home grown talents can achieve. 

Samena is always on hand to assist clients with Family Law matters, in particular cases involving children and applications for injunctions. Please contact Samena if you require her assistance.

18 May 2010

Shortage of Foster Carers for Children in Care Proceedings Following Baby P

The Fostering Network has recently reported that there is a national shortage of foster families across the country. The shortage is thought to be around 10,000 places and is due to the large increase in the numbers of children in need who need short and long term foster placements. Social Services are struggling to cope with a decrease in the number of placements available and this means children who cannot stay with their parents at that time are in some circumstances being placed in locations which are many miles away from their families.

Emeryjohnson offer specialist advice to parents, grandparents and children involved with Social Services and the Local Authority. We offer advice and assistance from the earliest stages of intervention, for example case conferences, right through to representation at Court if Social Services make an application to the Court regarding the children.

Emeryjohnson offer sympathetic and expert advice from the beginning to the end of your involvement with Social Services and the Local Authority. If you feel you may need some advice and assistance in this area, please contact us on 0116 2554855 and ask to speak to a member of the Care Department.

For more information regarding the shortage of foster carers, please see www.fostering.net

12 May 2010

Event for Criminal Lawyers

Alisdair Gillespie, Professor of Criminal Law and Justice will be speaking as part of De Montfort University’s Professorial Lecture Series. DMU’s Distinguished & Professorial Lectures are free and open to the public but tickets are limited and must be booked in advance. For ticket information go to www.dmu.ac.uk/news_events. If you cant make the lecture, visit www.dmu.ac.uk for the podcast.

 

4 May 2010

How Old is Old Enough? Children’s Views in Family Cases

Many families are faced with the difficult decision upon the breakdown of a relationship. Which family member should the children live with and where they should live? 

A difficulty facing the Court when they are invited to make decisions about who children should live with and who they should have contact with is when is a child old enough to make the decision for themselves and also how much sway should a child’s view hold.

In Re W (Children) a landmark international child abduction case heard at the Court of Appeal this month held that children who were 8 and 6 had reached such an age and level of maturity that it was appropriate for the Court to take account of their views. The father’s application for the children to be returned to the Republic of Ireland therefore failed.

Whatever the stresses and strains affecting your family, emeryjohnson are here to provide support, advice and assistance through these difficult times. Whether it is the breakdown of a relationship, the involvement of Social Services, or the removal of a child by a parent to a different country.

We offer specialist advice whatever your family issue and have experienced solicitors who are members of the Solicitors Regulation Authority’s Children Panel and Advanced Family Law Panel.

If you would like to arrange an appointment, please do not hesitate to contact the office on 0116  2554855 or complete the enquiry form on the website.

27 April 2010

IN THE CALL OF DUTY!!!!

 Meet the latest duty solicitor at Emery Johnson.  The already second to none Criminal Team welcomes it newest addition Michelle Harding.  Like a seed in spring Michelle is one of emeryjohnsons' home grown talents, with her firm seeing her grow and progress from  Clerk to Trainee to Solicitor and now Duty Solicitor.  To receive representation you can rely on call the emeryjohnson Criminal team on 0116 2554855.

 

20 April 2010

Comparing Collaborative Law, Mediation and Conventional Divorce

Collaborative Law is relatively new to the UK, but it can be a quicker and cheaper alternative to using a traditional divorce solicitor or a mediator. Collaborative law focuses on discussing issues and problems face to face, and control of the divorce is handed back to the separating couple, rather than being left to the Court, which can be stressful and expensive.

Should you instruct a solicitor, it is normal practice for solicitors to see either the husband or wife and then send written proposals to the other solicitor. All of this could be unsuccessful and result in Court proceedings. The process can be stressful and very expensive, at what is usually a very difficult time. Court hearings can be months apart and the whole process can take months or even years.

In Collaborative law, the couple agree not to start Court proceedings, to reach an agreement outside Court and discussions are face to face, with the couple and solicitors present. A non-aggressive and amicable approach is encouraged. If agreement cannot be reached, the couple will have to instruct new solicitors, which is another incentive to agree matters rather than incurring the additional expense of instructing a fresh solicitor. Collaborative law focuses on the needs of both parties and especially the needs of the children.

Similarly, in mediation, discussions are face to face, but this time without the involvement of solicitors. The mediator is neutral and helps the couple reach their own solutions to a range of issues, including finances and the children. The mediator does not give legal advice, unlike in collaborative law, as the aim is to reach a compromise, which is in the best interests of the family, rather than focusing on rights or entitlement. Of course, the couple can take legal advice from their own solicitor along the way.

Another difference between Collaborative law and mediation is that with collaborative law outside professionals, such as Accountants and Marriage Guidance Counsellors can be used to help move towards an agreement. Once the agreement is finalised, the collaborative lawyers involved, prepare and file the paperwork at Court.

In both collaborative law and mediation a speedier resolution is achievable which can help separating couples to move onto the next chapter in their lives with as little upset as possible.

14 April 2010

emeryjohnson has joined the New Media Age!! Follow us on Twitter at https://twitter.com/emeryjohnson

14 April 2010

To mediate or not to mediate....... that is the question...

emeryjohnson offer a wide range of services which includes in-house Mediation. Joanne Donald who is a senior solicitor in the Family Department qualified as a Resolution mediator in 2009.

What is mediation?

Mediation is an alternative to the court process which can often be costly, lengthy and acrimonious. The Mediator does not take sides and can provide a safe environment for your discussions regarding your separation and issues regarding the house, children and many other difficulties you may have. 

Mediation can help to improve communication and reduce tension as well as helping you both to feel that you have been heard. The Mediator will help you reach solutions that you both feel are in the best interest of your family.

 We have reached a settlement through our mediator...what next?

You may wish to discuss proposals or offers made at Mediation with your solicitor. Once you have done this your solicitor can draw up the documentation to put the legal formalities in place. Until this happens, you are not tied to any offers made at Mediation.

If you would like to book an appointment please contact Trisha Parmar in the Family Department who can arrange an appointment convenient to you both or for further information, a call back from Joanne Donald can be arranged.

 

7 April 2010

Making history.... the trial without a jury.....

Four men were recently convicted of charges relating to an armed robbery at a Heathrow warehouse. This was the first serious criminal trial to be held without a jury in England and Wales. New laws meant the trial could be heard by a judge alone after the Court of Appeal ruled there was a serious danger that a jury could be compromised. There had been three previous attempts to try the case by jury, lasting up to six months at a time.

The 'sacred principle'' of trial by jury was set aside by the Court of Appeal last year, in the first case using powers under the Criminal Justice Act 2003, but campaigners such as Director of Policy for Liberty, Isabella Sankey,  called the decision ''a dangerous precedent''.  "The right to jury trial isn't just a hallowed principle but a practice that ensures that one class of people don't sit in judgement over another and the public have confidence in an open and representative justice system.

Is this a justified rare exception or a harsh insight into the future of serious criminal trials? As serious crime continues only time will tell....

31 March 2010

A new edition to the Children's Panel at emeryjohnson.

emeryjohnson are pleased to announce that, Child Care Solicitor, Charlotte Liddell is now a qualified member of the Children Panel Accreditation Scheme. We would all like to say a big congratulations to Charlotte who has worked incredibly hard to achieve her accreditation. This is a real boost to emeryjohnson as now all four Solicitors in the Child Care Department are members of the Children Panel guaranteeing clients the best advice from specialists in their field.

Partner, Emma Mitchell, Associate Solicitor, Oilen Wan and Senior Solicitor, Halina Patecka are the other Children Panel members making up the rest of the Department. As members of the Children Panel all of the Child Care Solicitors can represent both parents in child care proceedings involving Social Services, as well as represent Children through the instructions of their Children's Guardian also known as CAFCASS officers.

If you are struggling with the pressure of Social Services being involved with you and your family then do not hesitate to make contact with the Child Care Department at emeryjohnson to access the advice and support you need.

Email a prisoner.com

If you are the partner, family member or friend of a person currently serving a prison sentence then you need to be aware of the new, efficient and cheap way to stay in contact with your loved ones.

Email a prisoner.com is a new scheme that has been introduced by the Prison Service in England and Ireland to communicate via email with prisoners. This service was launched at HMP Gartree, Market Harborough, Leicestershire on the 22nd March 2010 and the scheme will soon be rolled out nationwide.

The service is easy to access, set up and use, the only information you require is the prisoner's name and prisoner number. The service costs 25p per email sent which is cheaper than using the postal service. Once your email is sent it will be picked up in the Prison's post room as per normal mail, placed into an envelope and sent to the prisoner within hours. For more information on how to set up an account the please visit www.emailaprisoner.com

Legal professionals please be aware that using this email service is not confidential and does not hold the same legal privilege as post marked "Rule 39 applies" does however if you need to get an urgent message to a prisoner which is not confidential then this could be your solution.

Remember that emeryjohnson have a committed, enthusiastic and hard working Criminal Department who can assist you with 24 hour representation at the police station as well as advice and representation with offences dealt with at both the Magistrates and Crown Court. emeryjohnson also offer expert advice in relation to Prison Law so if you have a Criminal matter that you require assistance with, do not hesitate to contact the Criminal Department at emeryjohnson.

18 March 2010
Race for Life

Carey, our office manager, has announced that she will be running the Race for Life again this year. This will be the fourth consecutive year that she has run at the event to support such a great cause. If you would like to follow Carey, or even donate then please visit:
http://www.raceforlifesponsorme.org/careyyork3

1 February 2010
Have you registered your department store divorce list yet?

With the days of any stigma attached to divorce long gone, retailers are finally catching onto the commercial opportunities surrounding the break-up of relationships. Divorce parties are not unheard of and, while we'd be the last to judge how you choose to commemorate the end of your relationship, we can actually see a perverse logic in the divorce list.

Unlike in years gone by when a wedding list really would contribute to setting up home together, most couples now live together before their 'big day', so probably have most of the household appliances and china they need. Hence the rise in requests for holiday vouchers to contribute to the honeymoon or even just cash donations in place of wedding gifts.

Not ones to take this diminishing of a lucrative retail opportunity lying down, Debenhams is fighting back with the introduction of a divorce list. Opportunistic? Cynical? Overly commercial? Maybe. But, when you think about it, now that you are going to be setting up home independently, you probably do need an extra toaster.

29 January 2010
'The Boys are Back' at a cinema near you.

Our Leicester family and care solicitors are wondering what social services would make of the scene featuring a small child riding on the bonnet of a Landrover in this film of a Father coping (or not) after his wife's death - we are taking our hankies!
 

June 2009
Bringing More Dignified Divorce To Leicester 

Jo Donald, who has been practising family law with emery johnson for five years, has qualified as as an accredited mediator, swelling the ranks of these specialist professionals to just 60 across the Midlands.

As couples increasingly opt for a more modern, dignified divorce, dissolution of their civil partnership or disentangling from a live-in partner, emery johnson is delighted to join only one or two other family practices in Leicester offering this service.

The growing trend for mediation might be driven by a desire to avoid the tawdry, tit for tat acrimony we often read about in the celebrity press. Through mediation, couples can emerge from a relationship free of bitterness, to enjoy a civil, amicable, perhaps even affectionate relationship with a former partner.

If you choose mediation, you'll still need a solicitor, but by choosing one who practices collaborative law, it is possible to enjoy a dignified divorce, and a happier transition to the next stage in your life.

Find out more about mediation and other routes to a dignified divorce with emery johnson.

 

May 2009
Divorce Fair Comes To Leicester

After launching in Brighton, an area with the highest divorce rate in Britain, the Starting Over Show comes to Leicester on 11 June.

And, despite the alarmist response from some parts of the community, the fair's aim to support people through separation and divorce, as they start their new lives, gets our support.

As members of Resolution, practising collaborative law and with an accredited family mediator among our solicitors, we have long held the opinion that there is life after divorce and we want to help you to take your first steps back to happiness.

If you're ready to make a break from your own relationship, contact us to find out how we can help.

 

APRIL 2009
Press to be allowed access to Family Law Courts

If you've heard, or are worried, about the recent changes given the press access to the Family Court, we'd like to offer some reassurance.

In practice, the press will still have to apply to the judge to be allowed into the court and, if press coverage could present any risk whatsoever to the parties involved, this request will not be granted.  Please contact us if you need any further information.