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All transactions vary depending on the complexity of the legal title, the length of the chain and many more external factors. Therefore, no guarantee can ever be provided.
The average time for a conveyancing transaction is approximately 16 weeks nationally and, in the East, this can be as high as 20 weeks (Source: Today’s Conveyancer, June 2023). Our dedicated team pride themselves on routinely making that timescale much shorter, and we will be working hard to do the same for you.
Certain land transactions may attract a liability for inheritance or capital gains tax.
For Inheritance Tax purposes where the value of the deceased person’s assets (including the value of property) exceeds the exempt amount a liability may arise.
With regard to Capital Gains Tax, various rates apply depending upon the circumstances.
We are not tax experts and would therefore refer you to an accountant or tax expert if you have any queries regarding potential liability in respect of these taxes.
Time must be given for the solicitors to transfer monies. Completion is hoped to be achieved by midday, but this is dependent on the length of the chain involved and the speed of which the bank transfers funds. Monies must be received by the seller’s solicitors before keys are released. If you are selling and purchasing a property simultaneously your sale will normally complete at least an hour before your purchase.
£0 – £250,000.00 – no stamp duty payable
£250,001.00 – £925,000.00 – 5% of purchase price
£925,001.00 – £1,500,000.00 – 10% of purchase price
£1,500,001.00 and over – 12% of purchase price
The figures shown are correct for transactions that will not attract the higher rate of stamp duty. For instance, a purchase or transfer of equity where one of the parties or a partner/spouse already owns another property would attract a higher rate.
No tax is payable up to £425,000 and then 5% is payable on the portion from £425,001 to £625,000.
Please speak with our Residential Property team for further guidance.
In respect of a leasehold property or a property which has a liability to pay any type of service charge, the amounts will be split (apportioned) between the buyer and seller on completion.
The annual charge will be split so that the seller only pays up to the date of completion, and the buyer takes liability thereafter. If you have paid the yearly charges in advance, we will ensure that the buyers share is paid back to you with the completion monies.
The keys of the property will not be released to you on the day of completion until the purchase money has been received by the sellers’ solicitors’ bank. In accordance with normal procedures, we will pay for the property on your behalf by bank telegraphic transfer (which is immediate cleared funds) on the day of completion. We will ask our bank to send the funds off as soon as possible on the completion date. However, if we have to wait for funds to come in from either you, your bank or building society, or your buyers’ solicitors (if you are simultaneously selling a property), then it may be early afternoon on the day of completion before the keys of the property can be released to you. You may like to consider changing locks when you move into the new property as you have no way of knowing who has had access to keys in the past.
The whole balance (to include Fosters Solicitors’ fees) must be received and cleared in our account by completion.
If you decide to use a removal company it is a good idea to get estimates from more than one company and to make sure their insurance covers them adequately for loss of or damage to your possessions.
If you are moving long distance or over night, it is advisable to speak to your removal company early in the transaction.
It is advisable to delay booking your removals until contracts have been exchanged and a fixed completion date agreed. Some companies will agree a provisional booking, which can be confirmed by you on the day that contracts are exchanged.
There are certain documents where we must hold the original signed copy. We will advise you when this is required.
Seven working days.
If you are in rented accommodation, it is advisable to delay serving notice to quit on your landlord until contracts have been exchanged and a fixed completion date has been agreed. If you are required to serve notice, please let us have details of the period of notice required to enable us to bear this in mind when exchanging contracts and agreeing a completion date suitable for you.
Where a property is being purchased by more than one person, information provided by us to any one of you, either verbally, on the telephone or at meetings, or in correspondence, is deemed to be provided to both or all of you, unless we are specifically instructed to ensure that each party is informed individually.
The form is prepared in advance but only submitted on completion. Unless you are buying the property to let out, we will assume this will be your forwarding address.
We will request the deposit from you when we are close to being in a position to exchange contracts. This is normally requested at the same time as we send the contract to you for signature. We will not request your deposit from you until your mortgage offer is received.
Our property experts have provided some information and answers here to some frequently asked questions regularly raised by our clients about new build properties.
No, as the property is being built and you will receive a structural guarantee there is no requirement for a survey, unless you decide you require one. If you have a lender, a valuation survey will be carried out by them.
When buying from a builder there are often tight deadlines to exchange (usually 28 days). We need to ensure that the builder has obtained and complied with building regulation approval, planning permissions and NHBC or similar new build warranty. In addition the solicitor must ensure that the relevant rights of way have been entered into and that there are adoption agreements drawn up in respect of the roads and sewers.
This is when the property is not yet habitable (not able to be lived in) at the time of exchange of contracts and is still being built. It is essential that a Building Regulation Completion Certificate is available confirming that the property is habitable before completion takes place. Once the Building Regulation Officer has signed the property off and provides a completion certificate, notice will then be served giving us between 10 to 15 working days in which to complete. This allows sufficient time to obtain all funding from your lender (if required) and yourself.
A long stop date is a date that is agreed upon for the property to be complete no longer than this date. If the property is not complete by this date, you are entitled to rescind the contract and receive return of your deposit, although you may wish to extend this date if you decide to. If you are having a mortgage the long stop date is normally set at the date of the expiry of your mortgage offer. This will ensure that you have the required funds on completion.
Exchange is when the contract becomes legally binding and that the seller is agreeing to build the property. The seller is not able to give a fixed completion date as the property is still being built and it all depends on weather, materials being available, etc, for when the property becomes habitable and you are able to move in. Upon the property being complete and the building inspector having provided a completion certificate, notice will be served providing us with normally at least 10 working days in which to provide them with all funds. A long stop date is given at the time of exchange which means that the contract is not open ended.
Our lease extension experts have provided some answers here to some frequently asked questions regularly asked by those who are looking to extend the terms of their lease and secure the value of their property.
When you buy a leasehold property, you are only securing the leasehold interest and the right to live in that property for a set number of years.
By purchasing a leasehold you are agreeing to the terms of the lease granted by the person or company who owns the building or land the property sits on, usually known as the freeholder, landlord or the lessor – and ownership of the property returns to this owner when the lease comes to an end.
A lease extension is an addition on the term of your legal agreement (‘lease’) with the landlord. For example a lease may only have 53 years left on the term, which would make the property more difficult to sell, especially to someone with a mortgage, so the lease would need to be extended.
The lease can be extended normally for a period of 50 to 999 years. Meaning for example if your original lease had 53 years left and you extended this by 90 years, you would then have a term of 143 years left on your lease.
You can extend your lease via two routes. The formal route, which involves you extending your lease in accordance with the Leasehold Reform, Housing and Urban Development Act 1993, which would normally involve the lessee (owner of the lease) getting a valuation from a valuer who specialises in lease extension valuations and providing this to a solicitor for them to draft a Section 42 notice.
Or, you can go down the informal route, which means approaching the landlord directly to find out how much they would be willing to grant a lease extension for and the cost of this.
This will be dependent on the value of the property, how long is left on the lease and the amount of ground rent currently being paid. We would advise you to get in contact with a lease extension valuer in relation to this.
This will vary, as sometimes the landlord will instruct their own solicitors and valuers and you may not get a lease extension for approval until this is done.
If you also have a lender, we will normally have to involve them with the lease extension.
If you are going to get a lease extension through the formal route, we would always advise getting a valuation done, as if you value the lease extension too low, this could cause issues.
You would need to get in contact with a person who specialises in lease extension valuations.
This is a document drafted by a solicitor and sent to the landlord. This document will contain information in relation to the value you have valued the lease extension at and any terms you may want to change in the lease.
Within this document you do have to give the landlord at least two months’ notice for them to respond.
This is dependent on the route of which you extend the lease, if you go down the formal route, normally the lease would be extended for 90 years. If you extend your lease the non-formal route, this can be any amount of time which you have agreed with your landlord and can sometimes range from 40 to 999 years.
If your landlord is not responding to you, you can attempt to extend your lease through the formal route, which is when you send the landlord a Section 42 notice.
If you have decided to go the non-formal route and you are not happy with how much the landlord has quoted you for a lease extension, then you can go down the formal route, but it would be best to talk to a lease extension valuer before doing this.
It is always best to extend your lease before the term reaches below 80 years. The reason for this is because as soon as the lease term goes below this term, you have got a marriage value which increases the cost of a lease extension.
This depends on the route you go down.
If you purchase the property and want to get a lease extension done straight away you can approach the landlord informally, but the landlord can refuse to provide you with a lease extension.
If you have been registered as the proprietor of the property for at least two years at HM Land Registry, you can approach the landlord via a formal route, which would involve submitting a Section 42 notice. (Please note the two years start from the date you have been registered as the owner at HM Land Registry and not two years since you purchased the property).
Our property experts have provided some information and answers here to some frequently asked questions regularly raised by our clients who are selling a property.
In respect of a leasehold property or a property which has a liability to pay any type of service charge, the amounts will be split (apportioned) between the buyer and seller on completion.
The annual charge will be split so that the seller only pays up to the date of completion and the buyer takes liability thereafter. If you have paid the yearly charges in advance, we will ensure that the buyers share is paid back to you with the completion monies.
If you are selling it is important that you should continue the insurance on your property until exchange has taken place. Unless you have an ongoing claim, you should cancel your buildings insurance on the completion date. You should let us know immediately if you are in the process of making a claim on your policy. It may be necessary for the benefit of the claim to be transferred to your purchaser. Therefore, you should let us have full details as quickly as possible so that we can consider the way in which we can deal with the matter.
Certain land transactions may attract a liability for inheritance or capital gains tax.
For Inheritance Tax purposes where the value of the deceased person’s assets (including the value of property) exceeds the exempt amount a liability may arise.
With regard to Capital Gains Tax, various rates apply depending upon the circumstances.
We are not tax experts and would refer you to an accountant or qualified tax expert If you have any queries regarding potential liability in respect of these taxes.
Under the Law Society contract conditions this is 2pm. However certain contracts vary this and can be from midday onwards. We will report the time to you before completion.
Fosters will deal with this on completion.
Where a property is being purchased by more than one person, information provided by us to any one of you, either verbally, on the telephone or at meetings, or in correspondence, is deemed to be provided to both or all of you, unless we are specifically instructed to ensure that each party is informed individually.
If you are arrested and detained at the police station, or attend voluntarily for an interview, one of your rights is to have a legal representative of your choice present to represent your interests, and to advise you. Police Station advice is funded by the Legal Aid Agency and therefore all representation at the police station is free of charge, irrespective of your means, or the nature of the offence for which you are at the police station.
Yes. The actions you take at the police station can have huge implications on how your matter progresses. Our team can advise you on the police procedures, strengths or weaknesses of the police case, and how to approach your interview. We can also make representations on your behalf in relation to cautions, bail, fixed penalty notices and the amount of time you are detained at the police station. All of our team have undergone years of training, and numerous qualifications to enable them to provide the best possible advice to you.
Each case is different. Some straightforward cases, where a person wishes to enter a guilty plea, could be concluded at the first hearing. Other cases, where a not guilty plea is entered, then a trial set can last longer. It will depend upon the nature of the case, plea entered, and also whether the matter is dealt with in the Magistrates or Crown Court. Our solicitors will be able to advise you of the timescale in your case as the matter progresses.
The cost of the representation will depend upon the nature of your case, as some cases can be concluded in one hearing, others take months of work to complete. Our team will be able to give you a preliminary indication of cost, and in some cases agree a fee with you to undertake your case. We will not charge you any amount without first seeking your approval and agreement to do so. If you are found not guilty, we will apply for as much of your costs to be reimbursed to you as possible.
If you were not represented initially, you are able to arrange for a solicitor of your choice to attend with you when you answer your bail at the police station. This can be pre arranged by contacting our office, or when you arrive at the police station you can ask for Fosters Solicitors to be contacted.
Our solicitors are available 24 hours a day, every day of the year. If you are arrested, when you are taken to the police station you will be asked whether you want a solicitor. When you ask for Fosters Solicitors, or one of our solicitors by name, we will automatically be contacted, and will contact the police station, and you immediately. If you have a prearranged time to attend at the police station, by contacting our office we can make sure one of our team is there to meet you upon your arrival and advise you throughout the process.
If you are charged with an offence you will be given a date to attend court. One of our solicitors can attend court with you and represent you throughout your case. The first hearing normally involves entering a plea. Our solicitors would be able to advise you on the strength of the prosecution case, likely outcomes, and the best course of action for you.
We have specialist solicitors who deal with all aspects of criminal law, from murder, rape, robbery, drugs conspiracies and burglary, to first time youth offenders. We have built a strong reputation for complicated cases, especially those involving ‘cold case’ reviews and complex pathology issues.
Legal Aid is available for many cases but is dependent upon your means and the nature of your case. Our team will be able to advise you whether you qualify for Legal Aid and will complete the necessary forms with you.
Cycling accidents occur in various circumstances, but the majority are when a cyclist is knocked off their bicycle by a vehicle, hits a pothole in a road, or where a piece of equipment such as a helmet or bicycle frame fails.
Cycling accidents range from the relatively straightforward to the most complex. Whatever the case, Fosters Solicitors have the experience to provide you with the best support and advice.
You can claim for any out-of-pocket expenses suffered as a result of the accident, including loss of earnings, past and future treatment costs, travel expenses incurred to attend appointments, the cost of replacing your damaged bicycle and other equipment, as well as compensation for your injury.
The vast majority of our cycling accident claims are conducted under a no win no fee agreement. There are no upfront payments needed or any financial risk to you. The costs are only payable at the end of the claim, by the defendant.
There is no fixed timescale for a cycling accident claim to reach conclusion. Many factors affect the length of a claim including the timescale of your recovery from injury, and the other party’s view on liability. On average claims take from six to 12 months for a ‘straightforward’ claim, up to two to three years for a claim with more serious injuries. It is possible to obtain interim payments before a final settlement is achieved.
This would mean you are the defendant in the claim however, Fosters Solicitors are still able to advise you. Defendant work is not suitable for a No Win No Fee Agreement so it is conducted on a private paying basis.
Yes. Once investigations have concluded about who owed a duty of care to whom, we will negotiate on your behalf with the solicitors acting for the other parties. Even if you believe or accept you are more than 50% responsible (known as contributory negligence) you will still have a claim for partial loss.
Yes. If physiotherapy or occupational therapy is needed then the cost of this can be obtained even whilst the claim is continuing in the form of interim payments.
Whilst the larger duty of care would be on you, a pedestrian can still be partly responsible. The particular accident circumstances would determine liability and we may still be able to help.
You should obtain important information such as: the details of all parties involved; names and addresses of witnesses; the location of the accident and conditions of the weather/road; you should also take photos of the scene and record details of any damage; and, if injured, seek assistance for your injuries and take photographs. If you are injured, report the incident to the police within 24 hours.
Ensure all details of the accident have been obtained so that Fosters Solicitors can advise you, but in most cases the same procedure for pursuing a claim will apply.
Yes. The local authority has a duty to ensure that the road is fit for use by all road users, including cyclists. As a result, if you fall off due to hitting a pothole Fosters Solicitors may well be able to help you bring a claim.
There are two main types of Family Law injunction, Non-Molestation Orders and also Occupation Orders. A Non-Molestation Order would prevent a person with whom you have been involved from being abusive towards you. An Occupation Order is an injunction which excludes somebody with whom you have been involved from your home and sometimes the immediate area surrounding your home. It is a criminal offence to breach a Non-Molestation or an Occupation Order.
Within an application for an injunction there will usually be at least one court hearing. It would be quite unusual for the applicant’s attendance to be excused. At Fosters Solicitors, we understand how distressing it can be to attend court and our experienced advocates will make every effort to ensure that the experience of going to court is as painless and straightforward as possible. Our clients often tell us that the experience of going to court was in fact far less stressful than they had anticipated.
All correspondence, discussions and negotiations will be dealt with through your legal representative at Fosters Solicitors. It would be highly unusual for an applicant within an injunction to be forced into a position whereby they had to communicate with the same person who is being accused of abusive behaviour (the respondent).
Mediation offers people an opportunity to communicate with one another with an experienced lawyer/mediator with the view of addressing issues and disputes following separation.
Problems to sort out might include arrangements for children, housing, money, pensions and so on.
Mediation can be helpful at any stage.
Your relationship might be as former partners, parents, or as a grandparent.
The mediator’s role is to be impartial, and to help you to work through any issues following separation and to reach an agreement, for example regarding finances and/or children.
The mediator will not tell you what to do or give you advice. But the mediator can give you information about the court’s approach and what the law says.
All our mediators are also solicitors with many years of experience in family law.
Normally it will involve the two principle people who have separated, but it can with their consent also involve others.
Yes. Mediation is another option available to you to potentially resolve any financial issues or arrangements for children consequent to separation.
A mediator is impartial and is available to assist you to facilitate an agreement. It is a not the role of the mediator to advise you or any party attending mediation.
Furthermore a mediator will always encourage you to take advice from your solicitor either before, during or upon conclusion of mediation.
If mediation results in a concluded agreement, the mediator can prepare a memorandum of understanding to reflect the terms of the agreement and will encourage you to take legal advice on its contents.
Yes. Depending on your child’s age and provided for your child, both parents and the mediator agree, the mediator can arrange to spend some time with your child or children.
Not all mediators will be able to offer this facility as they need a specific qualification to do so.
Typically each mediation meeting together lasts for an hour and a half. You might have say three meetings over a period of say four to six weeks. On the other hand one meeting might be enough.
Timescale depends very much on what will work best for you and your situation. The mediator will discuss this with you at the introductory meeting.
No. You don’t have to meet. The mediator will discuss this with you at the introductory meeting.
One option is to have what is called ‘shuttle mediation’ which involves both of you coming to our office, but at different arrival and departure times and while being in different rooms.
Mediation can also take place by means of video if both parties are agreeable.
For those participating in Family Mediation, the following costs apply:
Although dependent on your personal circumstances, on average one to four sessions are normally undertaken.
Your solicitor thinks that an introductory mediation meeting (MIAM) will give you extra useful information about the options available to help you sort out your arrangements.
MIAMs are typically used for one of two purposes. Firstly, to gather more information about mediation and thereafter either pursue mediation, or obtain authority from the mediator to apply to the court for an appropriate order.
The initial MIAM appointment is confidential.
Thereafter the discussions which take place in each mediation meeting are confidential between you and anyone else at the meeting including the mediator.
However, there are two quite important exceptions:
No, an agreement reached in mediation is not legally binding. This is an important safeguard for everyone.
The purpose of mediation is to give those involved an opportunity to reach an agreement on issues consequent to separation. In comparison to court proceedings it is immediately accessible and represents very good value.
For those taking up the opportunity of mediation, it’s highly likely that you will reach agreement and that both parties will respect this. Otherwise time and costs will have been wasted and you would have to revert to the other options.
The mediator will also assist in reaching an agreement which is likely to be satisfactory to both parties and their solicitors if they chose to take advice.
We explore some key information and answers to some frequently asked questions raised around Lasting Power of Attorney and why it’s important to have one.
A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint one or more people to make decisions or act on your behalf if you are no longer able, or no longer wish to do so.
This could be a temporary situation if you found yourself temporarily incapacitated, or because of needing to make longer-term plans, for example, after being diagnosed with dementia.
There are two types of LPAs for different kinds of important life decisions:
Mental capacity is the ability to use and understand information to make a decision and communicate any decision made.
Although everyone hopes that they will not lose mental capacity and will never need to rely on an LPA, unfortunately some of us begin to lose our faculties sooner than we might expect.
Preparing an LPA is the best way you can have peace of mind that you will be looked after by who you want, should you begin to lose your mental capacity.
If you lose your mental capacity and you don’t have an LPA in place, you may find that banks will no longer transfer money for you, and you might be unable to buy or sell property. Equally, you may no longer be able to make decisions regarding the medical treatment you receive, or whether you should move to a care home. Those that do not have an LPA are therefore often left in limbo.
Importantly, unlike where you have an LPA ready and waiting, your loved ones will be unable to assist you in such a difficult and vulnerable period of your life.
Without an LPA, if you need assistance in managing your finances or making healthcare decisions, your family or friends would have to apply for a deputyship order. This requires involvement with the Court of Protection and can be a drawn-out and expensive process, particularly in comparison to the relative simplicity of an LPA. The deputyship application process can be emotionally challenging for you and those around you, something that can be easily avoided by having an LPA in place.
Attorneys must always act in your best interests and involve you in decision-making as much as possible.
Within the LPA document itself, you can set out your own personal preferences as to how you would like your attorneys to make decisions on your behalf. For example, you may prefer to invest your money in certain ways, have regular personal hygiene appointments, or not to see certain family members.
If you have a more deep-rooted belief, an LPA also allows you to set out specific instructions for your attorneys. This can be vital to uphold important personal values – a common example we see are vegetarians who instruct their attorneys to not feed them meat of any kind. This ensures that an individual can safeguard their firmly held beliefs, even at a time in their lives where they otherwise have little control over their circumstances.
You may appoint anybody as your attorney, provided they are at least 18 years old, have mental capacity and are not bankrupt or subject to a debt relief order.
Given that the decisions in which attorneys will be involved in could be life-changing, it is important that you appoint only those you can trust to protect your best interests.
It is for this reason that people usually appoint their spouse/partner, or very closest relatives and friends as their attorneys.
Where a client has nobody close to them that they would like to appoint as an attorney, or if they wish for their attorneys to have professional help when acting, legal practitioners are able to act as an attorney.
Here at Fosters Solicitors, we have a wealth of expertise and experience in acting as professional attorneys and understand the need to safeguard the best interests of our clients to the fullest extent, whether that is in collaboration with other attorneys or alone.
In recent times there have been quite worrying case studies making the news of people fraudulently using LPAs and taking control of complete stranger’s affairs without their knowledge.
Government reform is planned to improve the system and better protect people from fraud. However, these cases highlight just how important it is to take the necessary steps to protect yourself now, by legitimately making a Lasting Power of Attorney through a qualified legal professional.
By appointing us to prepare your LPAs, you can rest assured that the necessary care is being taken to ensure that your best interests will be protected in the future.
Our motorcycle accident claim experts have provided some key information and answers here to some frequently asked questions regularly raised by those injured whilst riding about making a motorcycle accident compensation claim.
You can claim for any out-of-pocket expenses suffered as a result of the accident, including loss of earnings, past and future treatment costs, travel expenses incurred to attend appointments, the cost of replacing your damaged motorcycle and other equipment, as well as compensation for your injury.
Usually, you have three years from the date of the accident in which to settle a claim or begin court proceedings. This can vary though so please contact Fosters Solicitors as soon as possible so we can advise accordingly.
The vast majority of our motorcycle accident claims are conducted under a no win no fee agreement. There are no upfront payments needed or any financial risk to you. The costs are only payable at the end of the claim, by the defendant.
There is no fixed timescale for a motorcycle accident claim to reach conclusion. Many factors affect the length of a claim, including the timescale of your recovery from injury, and the other party’s view on liability. On average claims take from six to 12 months for a ‘straightforward’ claim, up to two to three years for a claim with more serious injuries. It is possible to obtain interim payments before a final settlement is achieved.
This would mean you are the defendant in the claim. However, we are still able to advise you. Defendant work is not suitable for a no win no fee agreement, so it would be conducted on a private paying basis.
Yes. Once investigations have concluded about who owed a duty of care to whom, we will negotiate on your behalf with the solicitors acting for the other parties. Even if you believe or accept you are more than 50% responsible (known as contributory negligence) you will still have a claim for partial loss.
Yes. If physiotherapy or occupational therapy is needed, then the cost of this can be obtained even whilst the claim is continuing in the form of interim payments.
You should obtain important information, if you are able, such as:
Yes. The local authority has a duty to ensure that the road is fit for use by all road users. As a result, if you fall off due to hitting a pothole, we may well be able to help you bring a claim.
Our experts have provided some information and answers here to some frequently asked questions regularly raised by our clients about motoring offences.
If you are unfortunate enough to receive a summons for an offence, by instructing a solicitor you can avoid having to go to court for some, if not all, of the hearings. At Fosters Solicitors, we can deal with the case on your behalf, saving you valuable time and money.
In many cases, the most important work a solicitor can do follows a guilty plea. Points on your driving licence, or even disqualification from driving can be avoided if it is possible to make either a Special Reasons or Exceptional Hardship Application. Both of these can involve complex legal arguments and require evidence to be given to the court. Fosters Solicitors can identify the issues for you and prepare and present the application on your behalf.
Yes. If the police want to interview you because they believe you may have done something wrong, this interview will be under police caution, which entitles you to free and independent legal advice. The content of the interview will shape and define the context of any case against you, and your answers are therefore crucial as they have significant consequences. The police have to offer you that free advice – we will ensure you receive it promptly and with your interests in mind.
In some cases it is possible to get Legal Aid for motoring offences. Call us for a no obligation quote and we will advise you whether Legal Aid is available. If not, we will give you a clear idea of what our fees would be.
It will depend on a number of factors, including the nature of the offence, whether you have any points on your licence. In some circumstances we may be able to try and persuade the court to take a course of action which would save your licence. Our solicitors are experts in motoring law and always work to obtain you the best result achievable in the circumstances. Please contact us to discuss.
It is always worth having a solicitor to look at the evidence and advise you on the law and your options. It may be that there are some special reasons, or exceptional circumstances which would enable the solicitor to persuade the court or the prosecution to take an unusual course of action.
That is true, but for new drivers there is the additional concern about reaching six points. At this stage it is the DVLA who revoke your licence, meaning you revert back to being a learner driver. You are not disqualified by the court, and as soon as you have passed your test once again, and obtained your licence back, you may start driving.
Not knowing the law does not provide a defence. This normally arises when people are charged with failing to stop, or failing to report an accident. Not knowing your obligations does not provide a defence, although it may provide mitigation.
Yes. You will still have a claim even if you believe you were partly (or even mainly) responsible for the accident. There are no hard and fast rules about this. Every claim is different. It is always worth asking the question.
The general rule is that a claim must be brought within three years of the date of the accident. However, there are exceptions:
If you are in any doubt, ask the question as soon as you believe you may have a claim. There are many circumstances in which a claim can be brought outside the usual three year limitation period.
There is no such thing as a “typical” claim and therefore no specific time period as to how long a claim will take. Much will depend on the other party’s position. A relatively straightforward claim would normally be concluded within 12-18 months.
Again, there is no such thing as a “typical” claim – every claim is individually assessed. The amount of compensation you receive would depend on a number of factors including the severity of your injuries, how long you will take to recover and the impact of your injuries on your work, home, and social life. The consequences of the same injury will vary from person to person. You may also claim for out of pocket expenses, loss of earnings, care and assistance and items damaged in the accident. As we learn more about your injury, and obtain evidence in support we will be able to assess how much your claim is worth.
We have one of the most experienced, dedicated and specialist personal injury teams in East Anglia.
Highly unlikely. Over 90% of all claims settle without the need to issue proceedings. Of those where proceedings are issued very few go to trial.
Highly unlikely. The vast majority of our cases are handled on a ‘no win, no fee’ basis. This means if you win, most of your legal costs will be paid on top of your compensation. You are guaranteed to keep at least 75% of what you win and in practice this is often more.
No. In England and Wales, the courts have the final say and are not bound by the terms of a prenuptial or (post-nuptial) agreement. However, such agreements may be important evidence for what the parties intend to happen. They may be influential.
Any agreement can be changed if the parties to the agreement agree on what changes there should be.
It is much better to agree to all of these arrangements before the marriage takes place but it is possible to enter into a similar agreement once the marriage has taken place. These are known as ‘Post-nuptial Agreements’.
This is a formal agreement entered into by a couple before they get married. It sets out what they have agreed will happen to their assets in the event of a future divorce.
Any couple who are contemplating marriage or entering into a civil partnership.
Both divorce and civil partnership dissolution tend to be paper exercises these days, such that the vast majority of parties do not have to attend court unless there are other issues associated with the divorce, for example unresolved financial matters or disputes about children which need to be looked at closely by a judge or magistrates.
When a relationship breaks down, there is no requirement for parties to pursue a divorce or civil partnership dissolution, however there may be finances or children matters to deal with. If for some reason you did not want to pursue divorce proceedings or a civil partnership dissolution, we would usually recommend that you consider entering into a ‘Separation Agreement’ which would deal with all issues relating to matrimonial or partnership assets and other issues concerning dependent children. Many couples however prefer to pursue divorce or civil partnership dissolution proceedings when things go wrong as it provides one with the certainty needed at a difficult time when the future might seem unsure.
No two divorces or civil partnership dissolutions are ever identical. In our experience however, a straightforward divorce or civil partnership dissolution usually takes between four and six months. If there are additional factors to consider, such as finances or children, then those matters may affect the length of time it takes to obtain the final order of divorce.
Since one case can vary so much to another we obviously prefer to tailor our advice about costs to you. At Fosters Solicitors, we genuinely believe that our costs are highly competitive and would urge you to contact us to discuss your requirements and get an idea of what you might have to pay.
Depending on your circumstances, you may be eligible for legal help which is a form of Public Funding (Legal Aid). The legal costs of those in receipt of legal aid tends to be significantly less than those paying on a private basis and ultimately those clients may not have to contribute to their costs at all.
On the 6th April 2022, the long-awaited introduction of ‘no-fault’ divorce took place in England and Wales.
Couples simply now need to confirm their marriage has irretrievably broken down, rather than prove adultery, unreasonable behaviour or desertion. Previously if one of these three reasons could not be proven, then the separating couple had faced two or five years of living apart in a ‘separation’ period before the marriage or partnership could be legally dissolved.
Couples will also now be able to file for a divorce together, rather than one person divorcing the other.
Parties will be able to give notice of their intention to divorce or end their civil partnership as an individual or as a couple.
Once a petition is filed, each couple is provided a 20-week ‘cooling-off’ period before proceeding to the next stage, which was called decree nisi.
The language on the forms also changed, with a petition now called ‘an application for divorce order’, decree nisi changed to ‘conditional order of divorce’ and ‘decree absolute’ changed to ‘final order of divorce’. Parties involved are also referred to as applicants and respondents, rather than the previous term of petitioner.
Single Justice Procedure Notices (SJPNs) are used for minor offences which cannot result in a prison sentence – such as speeding, driving without insurance or using a mobile phone while driving. They are increasingly used by courts to give people the chance to avoid having their case heard in a court room as an SJPN can mean your case will be decided by a single magistrate without you having to go to court.
This may suit you and for some people an SJPN can make dealing with what may seem a minor matter simpler. But if you have existing penalty points on driving licence or you are a new driver, they can become potentially trickier cases. We understand that just because the courts regard your matter as minor, for you the threat of court proceedings is often anything other than minor.
Your notice will tell who is prosecuting you (this will usually be the police) and inform you of the alleged offence. It will also provide guidance on what steps you can take, including your right to consult with a lawyer.
You have three options available to you when responding to the SJPN:
If you plead guilty and confirm you do not wish to attend court, a single magistrate will deal with your case and sentence you without the need for a court hearing.
You may wish to plead guilty but want to attend court, for example to argue against a driving ban. Here the court must schedule a hearing which you (and your solicitor) will be able to attend.
If you wish to dispute the accusation against you, you can plead not guilty and request a full trial.
Choosing the right option for you is not always straightforward. There is evidence of cases where points you might want to make are not picked up from the forms sent in, leading to much higher fines or disqualification from driving. Undoing those errors can be a costly and expensive process.
You have 21 days to respond to the notice. If you fail to do this, the magistrate will make a decision about your case without your input. This means if you are found guilty and sentenced, you will not receive the leniency you would have had if you pleaded guilty. This could lead to your fine or penalty points being higher.
A prison sentence cannot be imposed through the single justice process but, the magistrate can enforce:
Here at Fosters Solicitors, we understand receiving a SJPN can be incredibly stressful. We are here to help you in any way we can including:
We appreciate not all of those who receive SJPNs are local to Norfolk or Suffolk. Therefore, we are always happy to offer consultations via Zoom to ensure we can advise on your situation whilst ensuring you do not need travel.
Our fixed fee consultations are a cost effective and flexible method to protect yourself from some of the pitfalls associated with this process.
For any further details please do not hesitate to contact the Crime & Motoring team on 01603 723717.
