New Proposals
Current proposals from Justice Minister Ken Clarke seek to raise the level at which cases will be allocated to the Small Claims Court from cases less than £5000 to cases involving £15,000.
These Plans Will Prevent Recovery of Your Legal Fees
Current Government plans to increase the value of claims that fall to be heard in the Small Claims Court will mean neither Claimants or Defendants will be able to recover any legal fees paid in seeking redress at law.
Taking someone to Court or being taken to Court can be a complex and more importantly costly matter. Given the choice, most involved in the process would rather have the support and advice of a lawyer. But lawyers, much as some may wish not to, have to charge for services in order to survive.
New Proposed Limits
Currently if claims involve sums of less than £5000 (or £1000 in personal injury cases) they are heard by the Small Claims Track of the County Court. The Small Claims Track is predominantly used for providing what is supposed to be cheap access to justice.
Features of the Small Claims Court
Important features of the Small Claims Track are:
• No legal fees paid to lawyers can be claimed unless a party behaves unreasonably
• The strict requirements and formalities of evidence are not required
• Matters are usually heard in the Judge’s Chambers rather than an open Court
• Witness expenses can be claimed but limited to £50 per witness
Access to Justice
At Seatons it has long been our stated aim to do all we can to widen people’s access to justice and and like the Law Society are following developments with interest. Law Society president Linda Lee said: ‘Taken together with the government’s legal aid reforms, these plans on civil costs funding mean that ordinary people won’t be able to obtain proper redress for the wrongs they have suffered’
What will this mean to you?
Whether you are a private individual or business if you need to claim or defend any sum up to £15,000 you will be unable to seek any fees you may have paid to lawyers from the losing side. While you may be prepared to go to Court for a relatively minor sum on a fairly simple issue without the benefit of a lawyer’s advice, being unable to claim for professional legal input on higher value claims which usually involve more complex legal issues is far from ideal . In short, under the proposals, if you require a solicitor to run a claim for less than £15,000 you may end up with a disproportionate amount of costs in relation to the sums at stake. You may win your claim but end up footing the bill for the cost of getting your money back.
How Seatons Can Help
For many years Seatons has offered fixed fee appointments for the modest sum of £75.00 + vat. For this we will:
• Advise on the merits of a claim or defence and give you an idea of what we believe are your chances of success
• Review any relevant documents
• Reduce our advice to writing so that you have it for reference throughout your claim
Comprehensive Self Help Pack
What we intend to do in the face of the current proposals, in addition to maintaining our commitment to fixed fee appointments, is to offer those wishing to proceed on the Small Claims Track without instructing solicitors a comprehensive pack containing:
• A user friendly guide to procedure
• Practical advice on what to expect from the Court
• A ‘how to’ guide to Court Forms together with examples of completed forms
• Copies of Witness Statements, Particulars of Claim and Defence documents that can be adapted for your own use.
• An additional ‘hearing only’ advocacy service whereby we will attend a hearing and represent you at Court for a fixed fee.
Our current plans are to make these available for approximately what it would cost you for half an hour with a solicitor and we hope the packs will be available from the end of October 2011.
We understand that there is no replacement for instructing a solicitor to handle all correspondence, but hopefully for around £175.00 + vat we will be able to arm you adequately to navigate the Small Claims Track.
Cost Efficient Justice
We suspect, given the governments assault on public funding, the Justice Minister’s intention to raise the Small Claims threshold will proceed regardless of current objections from the legal community and consumer groups, as always at Seatons we will continue to provide cost efficient access to justice for all and respond positively to the changing legal landscape placing clients at the heart of everything we do.
Please Call Us
To arrange a fixed fee appointment for £75.00 + vat contact us on 01536 276 300. Small Claims packs will be available at the end of October 2011.
24 October 2011
14 October 2011
Where There’s a Will...There’s Clarity
Life's Legal Problems
If you are lucky you may manage to get through life never having to seek advice from a solicitor. Chances are though there are some situations we are all likely to find ourselves in that require lawyerly input: possibly we will all need assistance with buying a house (we can help); increasingly according to statistics we may need a lawyer in our corner on family or relationship breakdown (we can help with this too) - but there is one situation that we are all going to find ourselves in that without a solicitor can lead to confusion, resentment, cost and ultimately wider family breakdown.
Making a Will is Important
Like it or not we are all mortal beings and while we are all young and death is merely a rumour – we may see no reason to bother ourselves with what can seem to be a morbid exercise of writing a will, but without a will you are at the mercy of the law on intestacy (dying without a will). Inheritance is a complex area of law haunted by many myths and misunderstandings.
True Or False?...
• If you die without a will and are married or in a civil partnership, your husband or wife will automatically inherit your estate
• If you are not married but have been living together as common-law husband or wife for a significant period of time, the majority of your estate will pass to your partner.
• On divorce or separation, your ex-partner has no valid claim against your estate
Unsurprisingly all the above statements are false. Briefly, if you die without a will and are married your husband or wife will receive all your personal items, the whole of the estate up to a certain value and thereafter half the estate. The issue of children further complicates the situation if married. However if unmarried, and no provision in a will has been made, your partner will have no entitlement to any of your estate and will have to rely on an claim under statute for maintenance – a complicated and expensive process – even more so if the matter has to be decided by a judge in Court. As for ex-partners, in the absence of a will, a claim by them is always a possibility.
Top 5 Reasons For Making a Will
So – however unpalatable it may be to consider arrangements for your own death - there are many good reasons to bite the bullet and make a will, Here’s our top 5 reasons:
1. You decide who gets what – If you don’t, the law will step in and your assets may end up somewhere you’d rather they didn’t.
2. The absence of a will may cause family rifts and irreparable damage to the family you leave behind.
3. Making a will is your opportunity to minimise the amount taken in tax – surely the last place any of us would want our money to end up.
4. You can make life changing gifts to those closest to you or for the greater good by leaving money to charity (all gifts to charity are tax-free)
5. In our experience the costs involved in making a claim against an estate typically runs to £50,000 and can exceed £100,000 in legal fees which are usually ordered to be paid from the estate funds. It costs around £125 for a solicitor to make a basic will.
Any Will is Better Than No Will - But Not All Wills Are the Same
There’s no substitute for a will drafted by a solicitor. There’s the benefit of advice and guidance and a will is ultimately a legal document requiring formalities to be observed. The Law Society is campaigning on your behalf for the rules relating to who should be allowed to draft a will and launched it’s campaign in February this year to call for an end to the practice of unregulated will writing which has seen:
'Anyone in England and Wales can operate as a will writer. They are not required to hold any formal qualifications may well provide no consumer protections such as insurance. Many of those calling themselves will writers may have purchased a franchise to do so and are free to prepare wills without any training or insurance protection. As a result, some will writers do not have the means to recompense an injured party to the full extent of their loss, which severely undermines the possibilities of seeking redress. When something does go wrong, there's no system in place to prevent the same mistakes happening again'. Linda Lee – President, Law Society
Having the Last Word...
In any event a will is the ultimate in having the last word as some genuine bequests (not from our clients we might add) below show:
• Sara Clarke of Bournemouth directed in her will: To my daughter, I leave £1 – for the kindness and love she has never shown me.
• Anthony Scott, in his last will and testament wrote: ‘To my first wife Sue, whom I always promised to mention in my will. Hello Sue!’
And my personal favourite, the will of athlete and father of actress Grace Kelley, Mr John B Kelley who died in 1960 whose will left to his son John:
• “ all my personal belongings, such as trophies, rings, jewelry, watches, clothing and athletic equipment, except the ties, shirts, sweaters and socks, as it seems unnecessary to give him something of which he has already taken possession.”
Go On! Make a Will!
So we’d urge you to bite the bullet – make a will – and do it properly – using a solicitor. Whatever gift you make in a will, the making of it in itself gives the most important gift of all – the gift of clarity at a difficult time.
Call Us Now
At Seatons we have many years’ experience of giving client’s and their families peace of mind that a well executed will gives. We can draft a basic will for around £125.00. It needn’t be depressing – give Seatons a call to have the last word on 01536 276 300.
If you are lucky you may manage to get through life never having to seek advice from a solicitor. Chances are though there are some situations we are all likely to find ourselves in that require lawyerly input: possibly we will all need assistance with buying a house (we can help); increasingly according to statistics we may need a lawyer in our corner on family or relationship breakdown (we can help with this too) - but there is one situation that we are all going to find ourselves in that without a solicitor can lead to confusion, resentment, cost and ultimately wider family breakdown.
Making a Will is Important
Like it or not we are all mortal beings and while we are all young and death is merely a rumour – we may see no reason to bother ourselves with what can seem to be a morbid exercise of writing a will, but without a will you are at the mercy of the law on intestacy (dying without a will). Inheritance is a complex area of law haunted by many myths and misunderstandings.
True Or False?...
• If you die without a will and are married or in a civil partnership, your husband or wife will automatically inherit your estate
• If you are not married but have been living together as common-law husband or wife for a significant period of time, the majority of your estate will pass to your partner.
• On divorce or separation, your ex-partner has no valid claim against your estate
Unsurprisingly all the above statements are false. Briefly, if you die without a will and are married your husband or wife will receive all your personal items, the whole of the estate up to a certain value and thereafter half the estate. The issue of children further complicates the situation if married. However if unmarried, and no provision in a will has been made, your partner will have no entitlement to any of your estate and will have to rely on an claim under statute for maintenance – a complicated and expensive process – even more so if the matter has to be decided by a judge in Court. As for ex-partners, in the absence of a will, a claim by them is always a possibility.
Top 5 Reasons For Making a Will
So – however unpalatable it may be to consider arrangements for your own death - there are many good reasons to bite the bullet and make a will, Here’s our top 5 reasons:
1. You decide who gets what – If you don’t, the law will step in and your assets may end up somewhere you’d rather they didn’t.
2. The absence of a will may cause family rifts and irreparable damage to the family you leave behind.
3. Making a will is your opportunity to minimise the amount taken in tax – surely the last place any of us would want our money to end up.
4. You can make life changing gifts to those closest to you or for the greater good by leaving money to charity (all gifts to charity are tax-free)
5. In our experience the costs involved in making a claim against an estate typically runs to £50,000 and can exceed £100,000 in legal fees which are usually ordered to be paid from the estate funds. It costs around £125 for a solicitor to make a basic will.
Any Will is Better Than No Will - But Not All Wills Are the Same
There’s no substitute for a will drafted by a solicitor. There’s the benefit of advice and guidance and a will is ultimately a legal document requiring formalities to be observed. The Law Society is campaigning on your behalf for the rules relating to who should be allowed to draft a will and launched it’s campaign in February this year to call for an end to the practice of unregulated will writing which has seen:
'Anyone in England and Wales can operate as a will writer. They are not required to hold any formal qualifications may well provide no consumer protections such as insurance. Many of those calling themselves will writers may have purchased a franchise to do so and are free to prepare wills without any training or insurance protection. As a result, some will writers do not have the means to recompense an injured party to the full extent of their loss, which severely undermines the possibilities of seeking redress. When something does go wrong, there's no system in place to prevent the same mistakes happening again'. Linda Lee – President, Law Society
Having the Last Word...
In any event a will is the ultimate in having the last word as some genuine bequests (not from our clients we might add) below show:
• Sara Clarke of Bournemouth directed in her will: To my daughter, I leave £1 – for the kindness and love she has never shown me.
• Anthony Scott, in his last will and testament wrote: ‘To my first wife Sue, whom I always promised to mention in my will. Hello Sue!’
And my personal favourite, the will of athlete and father of actress Grace Kelley, Mr John B Kelley who died in 1960 whose will left to his son John:
• “ all my personal belongings, such as trophies, rings, jewelry, watches, clothing and athletic equipment, except the ties, shirts, sweaters and socks, as it seems unnecessary to give him something of which he has already taken possession.”
Go On! Make a Will!
So we’d urge you to bite the bullet – make a will – and do it properly – using a solicitor. Whatever gift you make in a will, the making of it in itself gives the most important gift of all – the gift of clarity at a difficult time.
Call Us Now
At Seatons we have many years’ experience of giving client’s and their families peace of mind that a well executed will gives. We can draft a basic will for around £125.00. It needn’t be depressing – give Seatons a call to have the last word on 01536 276 300.
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