Q&A - Am I entitled to a portion of my husbands pension if we divorce?

Q: Is it possible to sort out the finances of a divorce without going through the courts to keep things on a more amicable footing for the sake of the children? - More...

A fashion and beauty event staged at the Plas Hafod Country House Hotel in Mold on November 20th was hailed a glittering success after it raised £1,653.74 for Nightingale House Hospice.  - More...

Q: We are a small local charity. One of our volunteers regularly lets us down after agreeing to come in, and when she does come in she only does the bits of the “job” she wants to do. Could there be repercussions if we ask her not to come in again? And should we have provided her with any kind of agreement? - More...

Four members of staff at a leading North Wales law firm renowned for its fundraising efforts have praised the sponsors who helped them raise £321.72 for Breast Cancer Research UK. - More...

Q: In late January 2007, I was a passenger in a road traffic accident when I injured my neck.  I am still suffering problems.  I was not wearing a seat belt.  Last year doctors advised that I should make a full recovery, but it could take three years. I cannot afford any more time off work. I have just been offered £10,000 by the insurers - should I accept it despite not being fully recovered?  A: Statistically 10% of persons who suffer whiplash injuries and are still suffering symptoms two years later do not fully recover.  You need to be medically re-examined as soon as possible and may need an MRI scan to detect any underlying problem. Until that has been done and an updated report obtained, it is impossible to advise you on the potential value of your claim.  You should, however, be aware that any compensation awarded to you will be discounted by 25% if your injuries would have been prevented altogether by you wearing a seatbelt, or 15% if your injuries would have been significantly less. However tempting the £10,000 might be, if your medical expert confirms your continuing symptoms are accident related and likely to be permanent, you could be writing off a substantial sum of money by accepting now - particularly if you are forced to retire from work prematurely.  Accepting the insurers’ offer will be a binding agreement to finalise your claim and there will be no going back. If you do not wish to settle at this stage, your solicitor should ask the insurers for an interim payment on account of damages.  Court proceedings must also be commenced by the third anniversary of your accident, failing which you will be out of time to pursue your claim against the driver concerned.  Only in exceptional circumstances will the Court extend the three year time limit. Further information relating to this question is available from Robert Williams, a Partner with GHP Legal. Robert is a member of the Law Society Personal Injury Panel; the Association of Personal Injury Lawyers and the Employment Lawyers Association. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners. - More...

Q: I live in a village with many retired people. Last week a man knocked on our doors offering a Will writing service for £25. I haven’t updated my Will since my wife died. It seemed an unnecessary expense as my daughters were the only other beneficiaries, but this chap said I should do it. £25 is far less than I paid to have my last Will drawn up by a solicitor – could there be a catch? - More...

Q: I want to build my own house in a rural location, if I can find a suitable plot. Would the legal procedures be different to buying an existing house or one off plan from a developer? - More...

A leading Shropshire and North Wales law firm has become one of less than two hundred firms in the country to be accepted onto the Spinal Injuries Association (SIA) solicitors’ panel. - More...

Q: My husband and I have been married just four months and already he is out every night supposedly entertaining business clients. I suspect he has been having an affair with his secretary for years and probably only married me to provide him with a respectable front. Can I start divorce proceedings so soon after marrying? A: You cannot start divorce proceedings until you have been married for at least twelve months. After that time you must show that the marriage has broken down irretrievably - either because your husband committed adultery or because he behaved unreasonably. Either way his behaviour must be such that you find it intolerable to continue living with him. If your husband denies the adultery it may be difficult to prove as you would need to produce evidence of him having sexual intercourse with another woman. There is, however, nothing to stop you separating as early on in the marriage as you wish. Once you have been separated two years you can apply for divorce on grounds of two years separation - provided your husband agrees to it. If he does not agree you could wait five years and petition on the grounds of five years separation - which does not require your husband’s consent but does require proof that you have been separated for five years. In the circumstances I would suggest you make an appointment with a specialist family lawyer to discuss your case in full. There may be more reasons to petition on the grounds of unreasonable behaviour than you mention in your question and an unreasonable behaviour petition could be filed at Court once you have been married for twelve months. Also arrangements could be made in the interim as to what will happen in respect of the matrimonial home and, if there were any, the children of the marriage. Further information relating to this question is available from Nathan Wright, a solicitor with GHP Legal, Family Department. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners. - More...

A local law firm has joined forces with Mencap to give a joint seminar after the Law Society announced last month that it was backing the organisations campaign to warn vulnerable people of the risks of having Wills drawn up by unregulated, unqualified and uninsured Will writers. The seminar, which was held at Holt Lodge in Wrexham, was presented by solicitor John Marshall, from Wrexham based GHP Legal, and a London representative of Mencap.. - More...

Q: I am the Trustee of my local village hall which has just been renovated.  We now want to generate income by ensuring the facility is used as much as possible. Can you advise about our liabilities if anything should happen to someone whilst on the premises?  - More...

A leading North Wales law firm that is sponsoring a fashion and beauty event later this month organised by two members of its accounts department in aid of Nightingale House Hospice, has announced it is a sell-out. - More...

Government proposals just published, which would give automatic inheritance rights to unmarried couples when one of them dies without leaving a Will, have been greatly welcomed by a leading North Wales and Shropshire law firm. - More...

Q: I am a studying photography at University. Next term I have chosen to do a project on city travel and transport but I’m worried about taking photographs in public places, bus and train stations etc. My lecturer doesn’t seem too sure of the law and I have read a lot of conflicting reports on the internet. Could I be arrested on suspicion of terrorism, or worse still have my camera confiscated? - More...

A Wrexham based employment law specialist has voiced his shock at figures recently released by the Tribunals Service and says there is no valid reason for them. The figures relate to Employment Tribunal statistics which show a massive increase of 153% in the number of cases where employers failed to consult properly with employees about redundancy in the twelve months prior to March this year. - More...

An Oswestry breast cancer survivor is celebrating her sixteenth year in the pink this week, in support of the Wear it Pink Breast Cancer campaign that has given support and hope to so many women like her everywhere. - More...

A trainee solicitor who joined one of the largest law firms in the North Wales region earlier this year has been awarded the prestigious Brown Dunne & Gray Prize for the student obtaining the highest mark in the Advanced Litigation (PI) paper in the 2009 Legal Practice Course examinations at The College of Law of England and Wales in Chester. - More...

Q: I belong to a local trade association. Recently it was proposed that rather than have an expensive dedicated website built to promote the Association and its members, each member could carry information on their own website. This would include a full list of members with contact details and some marketing blurb for them. My concern is that visitors to my website could perceive the information to be an endorsement of the listed businesses and perhaps even mean I would have a duty of care to their customers. - More...

New measures revealed by the Government at the end of last month for handling compensation payments to people injured in road accidents have been slammed by a Personal Injury lawyer with one of the area’s leading law firms. - More...

Q: My neighbour has two large trees on his property close to our boundary. There are several large branches hanging over into my garden which he refuses to cut back. Could I cut them off when he is away on holiday? - More...

Q: I am currently in dispute with the Water company over a sewerage problem that causes untreated sewerage to back up and flood onto my property. It is particularly bad after a heavy rainfall and constantly needs cleaning up. The problem has only occurred since new houses were built, which suggests the system is inadequate for the number of properties it now serves. The whole situation is causing me considerable stress, damage and disruption, but the Water company doesn’t want to know. To make matters worse I now want to sell my house, but the sewerage problem will clearly affect the price and prospects of a successful sale. Can I claim against the Water company for nuisance caused by the inadequate sewerage system serving my property? - More...

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Q: I’m getting married in November and have just inherited a substantial amount of money.  Is a Prenuptial Agreement worth upsetting my Fiancée for? A: For a Prenuptial Agreement to stand any chance of influencing the Courts in England and Wales, it must be fully executed at least one month before the marriage ceremony. Historically the Courts have not attached much weight to these agreements, but now appear to be more willing to consider the terms of the Prenuptial Agreement as a significant factor in divorce, particularly in the case of second marriages or short marriages without children.  For the agreement to have any effect, it is vital to apply general contractual principles and for each party to seek independent legal advice so that they understand the terms of the agreement and can show they freely entered into it. There must also have been full financial disclosure of each party’s assets. Many couples choose to have a pre-nuptial agreement as it offers the opportunity and possibility of a more certain outcome on divorce. Often the wealthy party requests agreement terms  that favour the other party if the marriage lasts a reasonable length of time, with a less favourable outcome for the other party if the marriage fails early on.  Such terms mirror current Matrimonial Law principles.  The difficulty in drafting these agreements, however, often relate to the near impossible task of making provision for future children of the relationship.  Regarding the risk of upsetting your fiancé, you would have to balance your decision against the outcome on divorce if there is no Prenuptial Agreement.  A prenuptial agreement can do no harm and may, under current law, carry some weight with the Matrimonial Courts, to protect pre-marriage assets in cases where the parties have entered into a well thought out agreement, having obtained legal advice upon it and knowing the assets each is seeking to protect.  Further information relating to this question is available from Christine Hughes, a Senior Solicitor in the Family Law Department of GHP Legal where she specialises in high asset Ancillary work. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners. - More...

A local man who was brought up on a farm in Glyn Ceirog and was educated at Wrexham College has joined one the largest law firms in North Wales as an Employment barrister. - More...

Q: My nephew wants me to provide him with work experience to help him start his career higher up the ladder. Would I have to pay him the Minimum Wage? A: It depends on: the terms under which you would be employing him; whether he would be classed as a Volunteer or as a Worker; whether he is a student. Genuine Volunteers do not have to be paid the National Minimum Wage (NMW), but to be classed as such they must be under no obligation to perform work or carry out instructions, have no contract or formal arrangement, be free to come and go at will. Further, they must have no expectation of rewards or benefits, including training, though they may receive reimbursement of reasonable out of pocket expenses. If you felt unable to take your nephew on under such a loose arrangement as that required for the “Volunteer” category, you would need to provide him with a contract or make a formal arrangement. This would then put him into the Worker category and entitle him to be paid the NMW in the normal way. However, if your nephew is a student undertaking work experience, lasting up to one year, as part of a further or higher education course, he would be exempt from being classed as a “Worker” under minimum wage legislation. This would not apply though if he is studying at an establishment outside the UK, or if the work lasted longer than a year or if the work is not a requirement of his course. You should also be aware that from October 1st the NMW increases from £3.53 to £3.57 per hour for workers under 18 years of age who are beyond compulsory school age, from £4.77 to £4.83 for workers between the ages of 18-21 and from £5.73 to £5.80 for all other workers.  Further information relating to this question is available from Jack Roberts, an Employment Barrister with GHP Legal. For information relating to any other legal matter please call GHP Legal on 01978 291456. GHP Legal is the new name for Gwilym Hughes & Partners. - More...

A second year law student at Manchester University has gained sponsorship to take part in the Great North Run on Sunday 20th September from one of the largest law firms in North Wales. - More...

A leading Wrexham law firm has announced the qualification of its fifth trainee this year. Peter Blakemore became a fully fledged solicitor this week after completing a two year training contract with GHP Legal, well known supporters of the solicitor training programme. - More...

A Wrexham Criminal Defence lawyer has taken part in the BBC Wales current affairs programme, Taro 9. The programme, which was filmed in mid August and broadcast today on both radio and television, discussed the pros and cons of ASBOs and the effects they had on young people. - More...

Q: I am a University lecturer. Due to increased workload I have been off work for the last two semesters with stress. The University has now announced it is looking to make redundancies among teaching staff. My husband says I shouldn’t worry because they can’t make people redundant who are off on long term sick leave or maternity leave. Is this true? - More...

With house prices in Shropshire reported to be slowly but steadily rising, an Oswestry solicitor has advised that people in the county who are considering giving away their assets to save on Inheritance Tax need to move fast if they want to make Capital Gains Tax savings as well. - More...

A Wrexham solicitor has warned landlords to beware of using the common headings “without prejudice” and “subject to contract” on important documents such as rent review notices which may later need to be referred to in court proceedings. - More...

  Q: My son was attacked last month. Police arrived quickly, but not before my son sustained severe injuries as a result of which he is still hospitalised and has been unable to work. Four youths were charged with assault. Can my son get compensation? A: If convicted the criminal court may order the offender(s) to pay compensation for injury, loss or damage caused by the offence, including theft of or damage to property; losses through fraud; loss of earnings whilst off work; medical expenses; travelling expenses; pain and suffering; loss, damage or injury caused by a stolen vehicle. However, your son cannot apply for a compensation order himself. He should tell the police he wishes to claim and provide accurate details and documentary evidence of his losses, i.e. receipts, pay slips etc. The police will inform the Crown Prosecution Service who will make the Court aware. The Court will decide whether to order the offender to pay compensation. How much will depend on the offender’s circumstances and ability to pay. There are also several different levels of compensation, based on the gravity of the offence. Your son can also make an application to the Criminal Injuries Compensation Authority (CICA) which was set up to compensate victims of violent crime.  A standard application form is available from your local solicitor or online, but will usually only be accepted if the application is made within 2 years of the incident.  The CICA could make an award if your son's injuries were serious enough to warrant the minimum award of £1,000. - More...

Q:  I have just opened a single room beauty salon where I am the only beauty therapist. I play relaxing music to my clients on CDs that I bring from home, but one of my clients says I should have a licence. Is this correct? - More...

Q:  I recently bought a set of kitchen chairs online which were made in China and arrived at my house ready assembled. After unpacking them I sat on one to test it out but a leg immediately splintered and gave way, causing me to crash to the floor and injuring my back. What is my legal position? - More...

  Q: I have a degenerative disease and am likely to need residential care within 10-15 years. A friend says if I gift my home to my son and I survive it by 7 years, the local authority cannot take my home into account when assessing my means. Should I transfer my home now to qualify for assistance if I need long term care in the future? - More...

Wrexham midfielder, Silvio Spann, may have had a rough ride last season, but two Wrexham lawyers have happily sponsored him for this one by funding his home strip. - More...

A leading North Wales law firm whose team of Solicitors includes two members of the Mental Health Tribunal Accreditation Scheme has issued a statement voicing concern about planned cuts to local health boards due to come into force on October 1st. - More...

Q:  I have been offered my first job in Research and Development with an international company and have been sent the draft contract of my terms of employment. There is a confidentiality clause forbidding me to disclose any information about the business - not just during my employment but also after it ceases.  Is this normal? A:  It is not unusual for an employer to require this kind of protection, particularly in R&D. Essentially there are four categories of business information that an employee could become aware of during the course of their employment: - More...

A Wrexham law firm that has repeatedly refused to enter into cross-marketing deals with other professionals in the property sector to secure business for the preparation of Home Information Packs (HIPs), has reported a substantial increase in HIPs work at all its offices. “Interestingly,” says Wendy Marles, a solicitor with GHP Legal, “the increase in our HIPs work has come since Channel 4 News reported obtaining documents which showed an agreement between a HIP company and an estate agent to add an undisclosed commission to the HIPs for the referral. Approximately 80 per cent of HIP companies belong to a voluntary trade association that admitted in the Channel 4 showdown that commissions, or referral fees, are commonplace among its members.” - More...

A Shropshire property lawyer has issued a warning to local people about the dangers of ‘sale and leaseback’ schemes after a family of four narrowly escaped eviction from their home of 20 years. - More...

A Personal Injury lawyer with one of the largest law firms in North Wales has expressed deep concern about the shocking numbers of older people sustaining injuries from falls whilst travelling on a bus. - More...

Q: I am putting my home on the market. I have read much confusing information about Home Information Packs, what they should contain and who can prepare them. Can you please clarify the situation? - More...

A busy young mum who has a 15 month-old daughter and is a trainee solicitor with a leading North Wales law firm, has just heard she has passed her Legal Practice Course exams with flying colours. - More...

Q: We are a same sex couple considering having a child using IVF Treatment. We want to bring the child up as a couple. Will the law automatically provide for the child on our death, or would we need to make a Will? - More...

A leading Wrexham law firm has announced the appointment of a new trainee Solicitor and two newly qualified Paralegals. - More...

Q: I have invented a unique disability aid and want to take my idea to the production stage. Obviously this will mean speaking to different manufacturers to get the best costing. How can I protect my idea? - More...

A dedicated Wrexham lawyer who sent out invitations to a celebratory party to mark his quarter century as a practicing Solicitor missed the event which was greatly enjoyed by his fellow partners and employees. - More...

Leading local law firm GHP Legal has announced the expansion of its Llangollen office as part of a planned improvement and development programme following its rebranding earlier this year. GHP Legal, which is one of the largest law firms in North Wales, was previously known as Gwilym Hughes & Partners. - More...

Q: I am anxious to re-kindle my relationship with my young daughter who lives with my former partner. The problem is that they’ve moved home and I don’t know where they have gone. What can I do? A: If you think your former partner is living in the UK, under the provisions of the Family Law Act 1986 the Court can Order any person whom it believes may have relevant information about the whereabouts of a child to disclose that information to the Court. That ‘person’ could be The Department of Work and Pensions, HM Revenue & Customs, the Local Health Board in the area where the child lives, or even a friend or relative of your former partner. - More...

Q: My fiancé and I want to get married abroad. Could this cause any problems later on, especially if the marriage didn’t work out and we got divorced? A: Marrying abroad would not prevent you from obtaining a divorce in England and Wales, provided you fulfil British residency or domicile requirements at the time of applying for the divorce. The same applies to foreign nationals married in their own country and wishing to divorce here. - More...

Q: My employers have made me redundant but I don’t think the way it has been done is fair. At the start of the process we were organised into groups and told to elect representatives. Over the next few days representatives from the Company talked to our elected representatives. Then following that process we were told we were redundant and given our pay-off figures. I have just had a meeting with HR which has confirmed everything I was told – but I have not had my individual redundancy scores and I have not had a chance to have my say about what other options there could be for my work and for me within the Company. - More...

Q: As the value of my property has fallen and I have got to sell up and move to London with my job, I have wondered about the merits of doing the conveyancing on my new property myself to save both money and time, especially as I will probably rent first and don’t fancy paying the prices of London solicitors. Is there any reason why I can’t do this? - More...

Leading regional law firm GHP Legal has announced its latest trainee success, the fourth this year. The firm, which recently rebranded and changed its name from Gwilym Hughes & Partners to reflect its enhanced profile and position in the marketplace, employs around a hundred people across North Wales and Shropshire. - More...

Q:  I am married and have two daughters and an 18 year-old son with Downs’ Syndrome. My present Will leaves my estate between my two daughters - but I am worried that they might not look after my son.  How can I safeguard his interests? - More...

Q:   Our daughter is working as a waitress in an up-market restaurant where the customers are generous with their tips. She is supposed to receive the tips with her wages but her pay packet never appears to reflect this. When she raised the matter her boss said some of the tips were used to make her pay up to the minimum wage. Is this legal? - More...

Q:  My fiancé and I are planning to marry this year and buy the house of our dreams. As I will be making a greater financial contribution and my fiancé has grown up children, how can I protect my interests?  - More...

Q:  I owe a considerable sum of money for credit cards, catalogues and unpaid bills. Since my hours were cut down after Christmas the debts have mounted up because I simply can’t pay them and I don’t know what to do. I have considered phoning one of the companies that advertise debt help on television. But do I need to get legal advice to prevent action being taken against me by creditors? - More...

Q:  I am a career woman in my forties. After many years of trying unsuccessfully to have a child with my partner I have just become pregnant as a result of IVF treatment using donor sperm. Whilst we are both delighted, my partner is anxious about not being able to have his name on the birth certificate. Is there any way around this? - More...

Q:   I live on a small residential estate which is wholly owned by the residents. Initially the site was managed by the developer, but when the last house was sold the developer told us we must form a Residents Association and manage the site ourselves, including collection of maintenance fees. We have set up a Committee, but none of us really know what we are doing or how to formalise things. What should we do, and do we need a lawyer? - More...

Q:  My colleagues and I want to rebrand our company. It has been registered under its current name for many years but is widely known as ‘CJP’, an abbreviation of that name, and we want to change it to this. Are there any legal considerations we should be aware of? - More...

Q. We have recently taken over premises and are in dispute with the Energy Supplier. We believe they are over-charging us and also charging us for energy consumed by the previous occupants.  They are now threatening to come to our premises and cut us off.  Can they do this?  Could they break into our premises and cut us off without further warning?  A. No, your Energy Company cannot cut you off unless you effectively consent to them doing so by allowing them into your premises specifically to cut you off. Under the Utilities Act 2000 a Supplier may not exercise any right to disconnect premises from their supply if there are any charges in dispute.  As you are clearly in dispute with your Supplier they should not even be threatening to cut off your supply. Your Supplier needs a warrant from the Court before they can cut you off. They would have to provide you with notice of their application to the Court and you would be entitled to attend the hearing.  However, the Court cannot order a warrant where there is a genuine dispute about the charges.  It is amazing how many Energy Suppliers do not know the law and the correct procedure and seem to think that they can act with impunity.  Sometimes it is a try on, but on other occasions they act out of ignorance. It is vitally important that you instruct Solicitors now, as very often an initial letter from Solicitors will be enough to make the Energy Company “back off”.  If the threat of disconnection is imminent, then an injunction may be obtained from the Court to prevent them from taking any steps to disconnect the supply.  An injunction can be obtained without notice to the Energy Company and within a matter of hours if necessary.  However, as always, time is of the essence insofar as instructing Solicitors is concerned. - More...

Q.   My disabled aunt has been financially abused by her close “friend” who holds an enduring power of attorney. When confronted the friend confessed and agreed to repay the money she had taken. My aunt does not want any fuss made about the situation but I think she should get the EPA revoked and make sure something else is in place to protect and look after her in the future. What would you suggest? - More...

Q.  My nephew was recently the victim of a road traffic accident. My sister has been told his case could be fast tracked for compensation settlement but I am concerned because the full extent of his injuries is still not known. Will that be taken into consideration if the claim is fast tracked? A. The expression “fast tracked” has been misunderstood here. If a case at Court is said to be in the “Fast Track” this usually means it is a straight forward case up to a certain value. New rules came into force on 6th April which increased the value limit of the fast track from £15,000 to £25,000. Whilst this may mean more cases will be reaching trial quicker - which will be a good thing – it is the claims that insurers try to settle quickly without even seeing a medical report that are worrying. This approach might suit claims management companies (who can quickly run such claims down their conveyor belts) or dishonest claimants, but those with injuries that might be long term and life changing may be under compensated. For example, in the past few weeks we have had in two offers for £1,500 each – we consider that each will be worth at least £1,000 more when the medical report is received, and one may be worth £5,000 more. A claim should be settled only when the medical evidence is finalised, not when the insurance company wishes to “buy off” the case. If the claim is dealt with by a solicitor from the outset, rather than through a claims management company, arrangements can often be made to fund expensive medical reports, such as may be required by the Court, in the interim. Further, if the insurers realise they are dealing with an experienced solicitor from a reputable law firm, a satisfactory conclusion can often be reached before it gets to that stage. Further information relating to this question is available from Robert Williams, a Partner with Gwilym Hughes & Partners. Robert is a member of the Law Society Personal Injury Panel, the Association of Personal Injury Lawyers and the Employment Lawyers Association. To speak to Robert, or to someone regarding another legal matter, please call GH&P on 01978 291456. - More...

Wrexham lawyer, Peter Butler, has taken office as Vice President Elect of the Chester and North Wales Incorporated Law Society after being involved with the Society for thirty years. - More...

A Spring Ball held in Llanfyllin last weekend raised more than £5000 to enable two local women to join a cycle ride across Jordan designed to boost funds and awareness for medical research that will improve the health of women and babies all over the world. - More...

Q: As an employer I have a problem with one of my staff who continually ignores his supervisor’s instructions. I am considering disciplinary action but I have heard the rules are changing.  Is this correct? - More...

Q: I have just received a court summons for repossession of my house.  I got behind with the mortgage when I was made redundant but started making my usual regular payments again within four months after getting another job. I wrote to the mortgage company, explained the situation and told them I hoped to be able to pay off the arrears by the end of the year. I didn’t hear anything back and then this summons arrived out of the blue. Could they repossess my house if I am unable to pay the arrears straight away? - More...

Q: I owe nearly £10,000 on a credit card. I took it out under a special offer and now can’t get the balance down. I have tried to apply for other cheaper credit cards but without success. I don’t think the interest rate I am paying is very fair and I don’t think the credit card company is treating me fairly either. Is there anything I can do? A:   If you are having difficulty getting a credit card with another company, or getting credit generally, it is well worth checking your credit file with one of the big providers such as Experian. The fee is only £2.50 and you will be - More...

The IT Manager of a leading local law firm is getting out his walking boots for the fifth year to raise funds for Derwen College, a specialist residential college just outside Oswestry. - More...

Local businesses raised £430 for Comic Relief on Friday evening after putting together teams for a charity football tournament. - More...

Q: My brother and his wife have just come back from South Africa where they have lived for sixteen years. Due to the current financial climate and the fact that they have no credit rating here in the UK, they are finding it impossible to get a mortgage. If I acted as their mortgagee how would I go about setting up the loan to make it legally watertight? A: Even though your brother is family you are absolutely right to want to formalise the arrangement, because you never know what might happen in the future.  Having clear terms laid out will avoid any misunderstandings and protect your interests in the event that anything untoward should happen.   The procedure is very straightforward and private mortgages are in fact becoming more commonplace because of the current shortage of commercial loans. It is however advisable for each of you to be represented by a Solicitor. - More...

Q: I looked after my grandson for the first three years of his life whilst my son and daughter-in-law ran a business. Two years ago my son died and my daughter-in-law is now married to a man who can’t father any children of his own. His parents adore my grandson but they resent me. As a result of this I have not been allowed to see my grandson for the past eight months. Do I have a legal right to see him? A: Unfortunately there is no presumption of contact between a grandparent and a grandchild, such as exists between an absent parent and a child. And if contact is denied the grandparent does not automatically have a right to apply to the Court for a contact order. If you haven’t done so already you should try to talk to your daughter-in-law and her new family and reassure them that you are not trying to drive any wedges between your grandson and them, but instead wish to maintain the contact which existed before – for the sake of your grandson. If you are unable to reach any acceptable access arrangement you could try mediation. In my experience this process often helps to reduce tension, anger and misunderstandings and it can open up communication channels. The process involves meetings with a third party to try and resolve the dispute. The final resort if all else fails is of course an application to the Court, but first you would need to seek permission of the Court to proceed with an application for contact. If the application is allowed and the matter is still not resolved the Court will then appoint a Children and Family Court Advisory and Support Service (CAFCASS) Officer who will prepare a report to assist the Court in deciding whether or not contact should take place. - More...

A Llanfyllin woman and her friend have organised a Spring Ball at the town’s Theatre LLwyn to raise money so that they can join world renowned gynaecologist, Professor Robert Winston, for Cycle Jordan. This year’s cycle event will be the 9th women-only cycling challenge organised to provide funding for groundbreaking medical research work to improve the health of women and babies both in the UK and worldwide. - More...

Q: I work with people with challenging behaviour. I love the work but last year I was sacked after a lad in my care lashed out at me and unfortunately suffered a slight cut to his hand in the struggle. His family complained - my employer didn’t support me, but dismissed me. I’ve now got another job but it’s just come to light that I’m on a “banned” list - even though negligence or maltreatment was never proved. Now it seems I may lose this job too. What should I do? A: You need to clear your name and get it off the “banned” list. Until then you cannot work in this sector without both you and your employer risking prosecution. Under current legislation, if an employee is dismissed because they have harmed, or placed at risk of harm, a vulnerable person in their care, then their name must be included on a list held by the Secretary of State and they are banned from employment by any other care provider. Some local authorities also have their own list – and the rules for inclusion are often far from clear and subjective. In the last year I have acted for several clients in the care and education sectors who were put on the list of banned people for very limited reasons without the opportunity to defend themselves. In one case a college lecturer was on such a list for several years without even knowing it - due to resigning from a previous job because she was unable to cope with the stress of a complaint against her, and doing so before she had cleared her name! The House of Lords held in January this year that the banned list is however inconsistent with Article 6 (right to a fair trial) of the European Convention on Human Rights, so from now on we will hopefully see a more fair system. This question has been answered by Robert Williams, a Partner with Gwilym Hughes & Partners. Robert is a member of the Employment Lawyers Association. For further information about this or any other legal matter please contact GH&P on 01978 291456. - More...

Q: I run a small but very successful local business. Despite the economic downturn we have maintained a full order book but unfortunately we supply several large companies who have become increasingly late settling invoices. One in particular owes us a considerable sum going back to May last year. Are we entitled to charge interest on overdue accounts and if so how can we get these companies to pay it? A: All businesses, whatever their size, are entitled to claim statutory interest for late payments as well as reasonable costs for recovering the debt. In accordance with legislation the rate of interest should be based on the Bank of England base rate at six monthly stops plus eight per cent. The key issue is when the interest becomes applicable and it depends on the credit period that was agreed, either in writing or verbally, prior to the supply of goods or services. If part payment was required as a form of deposit in advance of delivery then that must be taken into consideration. If there was no agreed period then legislation sets the period at 30 days. You should inform the customer, in writing, that you are claiming interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002. Set out details of the amount owed, including the total interest accrued at the date of the letter, the continuing daily interest rate, the original invoice details, the full name and address to whom payment should be made and the preferred payment method, e.g. cheque, electronic transfer etc. It is crucial that you comply fully with the Act in order that you can prove you carried out the correct procedures if you should later be forced to further pursue your claim for interest through a Court. - More...

Q: My workload has increased massively since the company I work for closed down several offices last year. As a direct result of this I have been off work for two months with stress, but one of my colleagues overheard our line manager saying my illness was more likely to be caused by personal problems. This isn’t the case but what if the company tries to use my long-term absence as an excuse to get rid of me?   A:  All employers have a duty of care to provide a safe system of work - and this includes taking reasonable steps to ensure staff do not suffer stress related illnesses as a result of their work. If your employer has breached that duty then you could possibly bring a claim against them for causing injury due to negligence. Suffering from stress is not an injury in itself. You would have to prove that it amounted to active psychiatric harm and you would need to supply medical evidence to that effect. - More...

Q: My ex-wife and her new partner deliberately take my children out so that I can’t see them. I have a contact order entitling me to see them but it doesn’t seem to make any difference. Should I take my ex-wife to Court? And what would happen if I did and she still blocked access? Obviously, for the sake of the children, I don’t want the situation to become any more unpleasant if I can avoid it. A: Only a small percentage of parents have to ask the Courts to resolve A dispute their over children, as matters can usually be resolved without going to such lengths. Until the end of last year judges were limited in what they could do to enforce contact orders, but now the law has changed to give them greater powers. New measures introduced in the Children and Adoption Act 2006 on 8 December 2008 mean that judges can order parents who breach contact orders to attend parenting classes, pay a fine or pay compensation where the estranged parent has lost money through for example the cancellation of a holiday. In extreme circumstances the defaulting parent may also be made to carry out unpaid community work. The procedure for applying to the Courts for enforcement is now also more straightforward. However, as it is still a potentially costly exercise and the circumstances of every situation differs, it would be best to seek specific legal advice about your other options before making such a decision. In respect of protecting the children from further unpleasantness, the new powers given to the Courts are designed to impact on the non-compliant parent and not on the children. This means the Courts are more likely to use the powers and the parent is more likely to comply with the contact order. - More...

Q: My husband and I are divorcing and I am moving away and our children are coming with me. The difficulty is that we are also business partners. Whilst I obviously want my share of the business assets I am concerned that in the current financial climate it will do neither of us any favours if I take my share now. How can we work around this and how can I protect my interests if I leave business matters as they are until the credit crunch is over? A: You haven’t mentioned the size of the business but even in the case of a large business where it would be possible to “ring fence” a fund, it mayd be hard for the business to survive were a large amount of cash to be taken out in one swoop. In fact the impact on cash flow could be so catastrophic as to make the business insolvent. If the business is going to continue you could make provision for your share of it (your capital account and current account) to be paid to you on an instalment basis - but the liquidity of the business is crucial and you may not be able to take out the value without putting its future in jeopardy - something your letter suggests you are hoping to avoid in order to keep things amicable for the sake of your children. You will need to get a valuation, but bear in mind that it is not the same as ready cash. It would be easy to value shares in a PLC as they are quoted shares, but it is less easy to value a partnership business or shares in a private limited company. In the current climate you could benefit from mediation to help you and your husband reach a sensible solution and hopefully maximise your share of the partnership business. - More...