Successful Spouse Visa Case Study – Couple Reunited After 8 Years

We recently helped a client to apply for a UK spouse visa from outside the UK so she could finally reunite with her husband. The couple had maintained a long-distance relationship for 8 years, much of it while living in different countries.

The couple originally met while the applicant was visiting the UK on a standard visitor visa. Their connection quickly grew as they travelled across the country together.

However, their relationship was to be disrupted by the fact that our client had to return to China before her visa expired. Nevertheless, the couple continued their relationship across borders, visiting each other regularly in both the UK and China. Eventually, they married in China and made the decision to settle permanently in the UK together.

How did we help our client with the spouse visa application?

We advised the client to apply for a spouse visa from outside the UK. Although both our client and her husband were unemployed, we guided them through meeting the financial requirement using their personal savings. We helped prepare documents included bank statements to show adequate savings, marriage certificate and travel documentation, photographs, messages to demonstrate a genuine relationship, and an English language test certificate. Finally, the applicant also provided the Tuberculosis (TB) test results as required for overseas applications.

What was the outcome of the application?

The application was successful. The client has been granted leave to enter the UK as a spouse, allowing her to reunite with her husband and begin their life together after eight years of maintaining a long-distance relationship.

Read our guide to the spouse visa here.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

UK Supreme Court Rules on Secret Car Finance Commission: What It Means for Buyers

In the UK, it’s common for car dealers to connect customers with lenders so that the car can be purchased on finance, with the lender paying a commission to the dealer. While most car buyers choose to finance their purchase, it’s vital for customers to understand the duties and responsibilities owed to them by both the dealer and the lender. This knowledge can help protect them in situations that may feel unfair, particularly where there is a suspicion of bribery or improper incentives.

When purchasing a car through hire purchase, many individuals will have been unwitting participants in a scheme whereby the higher the interest rate they agreed to, the higher the commission lenders were paying to dealers. Many have argued that this creates a clear conflict of interest by encouraging dealers to offer higher interest arrangements.

Let’s take a look at the recent Supreme Court decision on this issue and the impact it could have on buyers.

By Nancy Nan

Background

The dispute involves a tripartite relationship between customer, dealer, and lender. There are three cases focusing on this dispute: Johnson v FirstRand Bank Limited (London Branch) t/a MotoNovo Finance, Wrench v FirstRand Bank Limited (London Branch) t/a MotoNovo Finance and Hopcraft and another v Close Brothers Limited.

All three cases are intricately linked to each other, with Johnson the leading case amongst them. The respondents are the customers who bought the car with credit supplied by the lenders, the appellants.

The customers received different decisions at first instance and first appeal but eventually were all successful in the Court of Appeal. The lenders reacted to this by choosing to appeal. The legal issues discussed below will focus on the lenders’ appeals to the Supreme Court.

Legal Issues

While there are other issues, the main legal issue focuses on whether a car dealer, who receives a commission from a lender, owes a duty to the buyer of the car that entitles the buyer to bring a claim against the lender, either for bribery or dishonest assistance under the Consumer Credit Act 1974 (the “CCA”).

The CCA demands that both the customer and the lender have a duty to maintain a fair relationship. A further question would be, to what extent the information of a commission is undisclosed for the fairness of the relationship to be affected? This is a straightforward question to answer – the court will apply the CCA standards.

Decision

The Supreme Court allowed the lenders’ appeals. There is a distinct tort of bribery and the respondents suggested that the car dealers owe a fiduciary duty to them which enables them to bring the claim of bribery against the lenders. The Court held that no fiduciary duty is owed by the dealers to customers. The court believes it is reasonable for any party to consider their own interests in the first place, and receiving a commission falls under the scope of the dealers’ commercial objectives. Hence, with the absence of fiduciary obligations, the customers’ claim of bribery towards the lenders was unsuccessful.

On the other hand, Mr Johnson’s claim under the CCA was affirmed. The secret 25% commission from the lenders to dealers was considered significantly affected by the fairness of the relationship between Mr Johnson and FirstRand, under section 140A of the CCA. The reason only Mr Johnson’s claim under the CCA was successful, was because of the unfair relationship between Johnson and the lender. The size of the commission paid by the lender to the dealer was excessive and disproportionate to the price of the car.

In addition, the dealer supplied a misleading Suitability Document, concealing the relationship between the dealer and the lender, misrepresenting the dealer’s independence. It is in breach of disclosure rules under the Financial Conduct Authority (the “FCA”), which further affected the fairness of the customer-lender relationship. As a result, a compensation was ordered under section 140B of the CCA, that Mr Johnson would receive a payment equivalent to the commission of £1,650.95 with interest.

Our Thoughts

The banks may be relieved by the Supreme Court decision. However, the decision does not completely let the lenders off the hook for paying compensation to consumers if the interest rates are unfairly charged or the excessive charges are imposed on consumers.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Fairground Fun and Ping Pong Battles: Our Latest Company Socials

As a company which values a strong team spirit and cross-department collaboration, our regular work socials are a great opportunity to get together and stay connected as a team beyond our day-to-day work. With hybrid and remote working now the norm for many of us, these in-person moments are more important than ever.

Our last two socials were especially eventful, with our Easter social event taking place at Fairgame in Canary Wharf and our recent Summer social being hosted at Bounce in Shoreditch.

As the name suggests, Fairgame features fairground style games under one roof. Colleagues competed against each other across the variety of games to achieve the highest score, with prizes for especially high scores on offer!

Meanwhile, at Bounce we had our own private area with several ping pong tables. Our excellent hosts ran a doubles tournament where teammates where randomly allocated, giving further opportunities for team-building.

A big thanks to our social committee who take the time out to find the best venues possible. As a company of nearly 70 which continues to grow, this isn’t always easy. Further gratitude also has to also be given to the staff who have hosted us at all of our socials.

We look forward to our next social event! Here are a few pictures across both events.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Refugee Granted Indefinite Leave to Remain Under the 10 Year Route

We were recently instructed by a client who was seeking to apply for indefinite leave to remain in the UK under the 10 year route.

Keep reading to find out more about how Lisa’s Law is able to assist clients in complex cases where they may have limited documentary evidence to prove their residence in the UK.

The client initially entered the UK in 2013 and claimed asylum upon arrival. In 2015, his asylum claim was refused, but he was granted discretionary leave as an unaccompanied asylum-seeking child for a period of just over six months.

Before the discretionary leave expired, the client submitted a further asylum claim, which was refused in 2016. He lodged an in-time appeal against this refusal.

In 2019, the First-tier Tribunal heard the appeal and, although the asylum claim was dismissed, the appeal was allowed on Article 8 ECHR grounds. The client pursued further appeal rights, and in 2020, he was granted leave to remain on the basis of private life, valid until 2022.

The appeal proceedings continued and were eventually allowed by the Upper Tribunal shortly before the expiry of his private life leave. As a result, the client was granted refugee leave from 2023 to 2028.

The client was adamant that he had never overstayed, maintained continuous lawful status, and had only briefly left the UK twice since his arrival. He also met the Life in the UK and English language requirements.

Our involvement

Given the complexity of the client’s immigration history and the fact that previous applications and appeals had been handled by a different legal representative, we began by submitting a subject access request (SAR) to obtain a full record of his immigration history. However, the SAR revealed some gaps regarding continuous residence.

Additionally, the client was unable to locate a full copy of the Upper Tribunal’s determination. We were, however, able to retrieve it from the government website.

The client had limited documentary evidence to support his 10 years of residence in the UK.

Nonetheless, we compiled and submitted the SAR bundle, the Upper Tribunal determination, and the most recent Home Office decision letter. We also prepared a detailed covering letter explaining how the client maintained lawful residence throughout the 10-year period, including a clear explanation of 3C leave during pending asylum applications and appeals.

Outcome

The client was granted indefinite leave to remain under the 10 year route just over a month after submission, despite not opting for the super priority service.

You can learn more about how Lisa’s Law is able to assist you in complex cases on our Complex Cases and Appeals page here.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

The Home Office’s New Absence Rule for Pre-Settled Status Holders: A Welcome but Incomplete Shift

In a rare but welcome development, the Home Office has made a significant and positive change to the EU Settlement Scheme (EUSS) that could offer many EU citizens and their family members a clearer, simpler route to settled status. From 16 July 2025, pre-settled status holders will benefit from a new, more generous interpretation of what constitutes a “continuous qualifying period.”

This change, outlined in Statement of Changes HC 836, introduces an alternative rule on absences for those seeking to upgrade from pre-settled to settled status. In essence, it offers a second chance, and for many, a fairer one, to demonstrate five years of continuous residence in the UK, even if their time in the UK has been interrupted.

What Has Changed?

Previously, the continuous residence rules under Appendix EU were complex, and in some cases, harshly rigid. A single absence of more than six months (with limited exceptions) in a 12-month period could reset or even break a person’s residence period. This led to anxiety and confusion, especially for those who spent time abroad during the COVID-19 pandemic. This created a significant risk of exclusion from settled status, even for those with clear and genuine ties to the UK.

From 16 July, the Home Office introduces a far simpler test:

– If a pre-settled status holder can show 30 months of UK residence within the most recent 60 months, they will be considered to have completed a five-year continuous qualifying period — even if there were long gaps in between.

In practical terms, a person could spend one month in the UK and one month outside it alternately for five years—or even take a single continuous absence of up to 30 months—without breaking continuity under this new rule. It is a radical simplification, and a departure from the previous harsher criteria.

How Will the New Rule Work in Practice?

Manual vs. Automated Applications

The new rule applies to both ‘manual’ and ‘automated’ settled status decisions. However, the implementation in automated decisions (which rely on National Insurance records) may take longer to reflect the change. The current automation looks for consistent six-month residence in each 12-month period — a poor fit for the new 30-in-60-month test.

We therefore advise that, if you know you meet the new rule, don’t wait for the automation. Apply manually, especially if your pre-settled status is close to expiring.

Refusals Under the Old Rules

If you were previously refused settled status because of an absence that breached the original rules — and your pre-settled status is still valid — you can REAPPLY under the new rule after 16 July 2025. Most refusals did not result in curtailment of pre-settled status, meaning a second application is still possible.

You Still Need to Wait Five Years

This new rule does not reduce the five-year qualifying period. It only provides a new way to prove continuous residence. You still must have started your residence by 31 December 2020 (or be a joining family member) and must wait until five years have passed before applying.

But It’s Not All Good News

The Lapsing Leave Trap

Perhaps the most arbitrary element remaining is the issue of lapsed leave. Until 21 May 2024, pre-settled status lapsed after two continuous years outside the UK. This has now been extended to five years, but the timing creates some unjust outcomes.

For example:

Someone who crossed the two-year mark on 20 May 2024 is deemed to have lost their status.
Someone who did so on 22 May 2024 is not.

These arbitrary cut-offs — particularly when many long absences were due to pandemic-related disruptions — undermine the fairness that the new rule is supposed to achieve.

Curtailment: A Lingering Risk

If someone has spent very little time in the UK since being granted pre-settled status, they may not meet either the old rule or the new rule. The Home Office retains the power to curtail status where someone no longer meets the requirements — and for those who left the UK years ago and haven’t meaningfully returned, this is a real risk.

Even if they technically still hold pre-settled status, they could lose it before they get to the 30-month mark — particularly if they are seen as having “given up” residence in the UK.

A Step in the Right Direction

Overall, this is a highly positive and long overdue change. The Home Office has listened to stakeholders and acted proportionately to fix one of the more punitive elements of the EUSS.

It reflects a recognition that intention and commitment to UK residence matter more than bureaucratic technicalities. It also signals an understanding that the pandemic had an enduring, disproportionate effect on people’s ability to comply with immigration rules.

But gaps remain. Curtailment powers need to be exercised carefully and proportionately. The arbitrary application of the two-year lapse rule prior to 21 May 2024 also needs further reflection — perhaps even redress.

Final Thoughts

If you hold pre-settled status and have faced complications with absences — especially during COVID-19 — this change may well be your second chance. But act proactively. Don’t wait for automation. Gather your evidence now, understand your residence history, and be ready to apply once you meet the new test.

Immigration rules are rarely this lenient. This is a moment to take advantage of a fairer, more realistic approach — and secure your settled status in the UK. If you’re unsure how the new rules affect your circumstances, or if you’ve previously been refused settled status, you may contact us for more tailored advice.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Misrepresentation in Property Sales: Key Lessons for Buyers and Sellers from Patarkatsishvili v Woodward-Fisher

A recent case involving the sale of a £32.5m mansion in the highly sought after Notting Hill area highlights the seriousness of misrepresentation in property transactions.

The buyers who purchased the property in 2019 soon discovered a moth infestation – something which had not been disclosed to them prior to the sale. Following unsuccessful attempts to resolve the issue, it came to light that a local pest control company had treated the property for moths in 2018 on behalf of the seller, Woodward-Fisher. Reports were commissioned which identified the source of the problem as an infestation within the property’s insulation.

This was not disclosed to the buyers during the sale and the seller did not mention the moth infestation despite three direct enquiries.

The buyers subsequently brought a legal claim against the seller for fraudulent misrepresentation, seeking rescission of the contract and damages.

Read on to learn the outcome of the case and discover key lessons from our conveyancing solicitor.

The Case

The court found that the seller had given false and misleading responses to three specific enquiries:

whether the property had ever been affected by infestation or defects;
whether there were any relevant reports;
and whether the seller was aware of any hidden defects.

In each instance, the court ruled that the seller’s replies were misleading. In reality, the property had suffered from a serious moth infestation, and the seller had received expert reports in 2018 identifying the issue and recommending remedial measures.

The court concluded that this amounted to misrepresentation and the seller had a clear duty to disclose both the infestation and the related reports.

As a result, the buyers were entitled to rescind the contract – effectively reversing the sale – and recover the £32.5 million purchase price, along with additional losses, including stamp duty and the cost of remedial works.

Solicitor’s Insights

Full disclosure of material information

Full transparency is expected – sellers should disclose any known issues to enable buyers to make informed decisions and carry out effective due diligence.

Buyer beware is not a shield

The judgment provides reassurance in property transactions as it shows the courts are prepared to unwind transactions where there is misrepresentation. Buyers are entitled to rely on the information provided by the seller – and may seek rescission where misrepresentation is proven.

Law Unchanged, but Lessons Reinforced

Importantly, the judge described this as an “extreme” example of misrepresentation, and each case will turn on its specific facts.

Caveat emptor isn’t going anywhere

The fundamental principle of caveat emptor (buyer beware) remains in property transactions. It is not clear whether the Claimants conducted their own survey and if they did whether the case will turn on this point. Buyers are still strongly advised to commission thorough surveys and investigations prior to purchase to ensure they understand the condition of the property.

Enforcement can be costly – most won’t go that far

While this case reinforces established legal principles, it also highlights a practical reality: taking legal action can be prohibitively expensive. It’s important to recognise that this was an exceptional case, where the scale of the loss made court proceedings worthwhile. In most situations, buyers may not have the financial means or justification to pursue similar claims. As such, thorough due diligence remains essential to minimise risk and avoid disputes down the line.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Understanding the Differences in Handling Sexual Offence Cases: UK vs China

In recent months, we have taken on a growing number of sexual offence cases involving Chinese students in the UK. These cases often highlight a crucial issue: a misunderstanding of the UK criminal justice system due to differences in legal culture and procedure between China and the UK.

In China, it is not uncommon for defendants in sexual offence cases to seek private resolutions outside the courtroom. This may involve negotiating a settlement with the complainant or obtaining a letter of forgiveness from the complainant. In many instances, such steps can mitigate the severity of sentencing and are often seen as an important part of the legal strategy.

However, the situation in the UK is fundamentally different—especially in criminal cases involving sexual allegations.

No Contact with the Complainant

Once someone is charged with a sexual offence in the UK and granted bail, a key condition is that the defendant must not contact the complainant, either directly or indirectly. This is strictly enforced.

Attempts to communicate with the complainant—whether through friends, family members, or third parties—can lead to serious consequences:

Breach of Bail Conditions
Violating the terms of bail can result in immediate arrest and the revocation of bail.
Perverting the Course of Justice
Trying to influence or interfere with the complainant’s position can be considered a criminal offence in itself, potentially resulting in additional charges and a harsher sentence.

Cultural Differences Lead to Legal Risks

Many Chinese students are unaware of these legal boundaries and may instinctively turn to familiar cultural practices to resolve the matter, such as asking the complainant for forgiveness or attempting a private settlement. While these intentions may be well-meaning, they can severely backfire under UK law.

Legal Advice Is Critical

If you or someone you know is facing a sexual offence allegation in the UK, it is vital to seek legal advice as early as possible. Understanding your rights—and more importantly, your restrictions—can make a significant difference in the outcome of your case.

Our team has experience working with international students and understands the cultural and linguistic barriers involved. We provide clear guidance to help you navigate the UK criminal justice system with confidence and caution.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

A General Guide to Financial Remedy Applications

About 85-90% of family financial remedy cases settle before a contested final hearing. While the case Cemke v Cemke [2025] EWFC 180 is simply applying established law to the facts, it is one of the few recent family financial remedy cases that proceeded to final hearing.

The case might be useful for general readers to understand the court’s typical approach to financial remedy applications. While there may be a perception of bias among some people, the courts apply the same legal principles to both spouses, regardless of their roles during the marriage.

How do the courts consider financial remedy applications?

When the courts consider financial remedy applications, their objective is to achieve an outcome that is “as fair as possible in all the circumstances.”

When evaluating fairness, the court is required to look at the matters listed in section 25 of the Matrimonial Causes Act 1973, giving first consideration to any child of the family.

Section 25A of the MCA 1973 strongly encourages a clean break between the parties. This means that the courts prefer lump sum settlements rather than periodical payments, except where this would lead to an unfair result.

In financial remedy applications, the three essential principles are compensation, sharing and needs. Compensation is rarely applied, so it will not be discussed further in this article.

Regarding the sharing principle, the parties are ordinarily entitled to an equal division of the marital assets. Non-marital assets are usually retained by the party to whom they belong, unless there is a good reason to decide otherwise. In practice, needs will generally be the only justification for a spouse to claim non-marital assets.

Differentiating between marital and non-marital assets

The court recognises that differentiating between marital and non-marital assets is not always easy. It depends on the circumstances and the specific facts of the case. Usually, non-marital wealth has one or more of three origins:

Property brought into the marriage by one party;
Property generated by one party after separation; and/or
Inheritances or gifts received by one party.

The difficulty lies in determining whether, when, and to what extent non-marital assets turn into marital assets, which need to be divided under the sharing principle. The courts might consider when the property was acquired, how it has been used, whether it has been mingled with the family finances, and what the parties intended.

The needs principle

While the sharing principle is a useful tool to achieve fairness, the needs principle will prevail if it warrants a greater award. In other words, if the required sum to satisfy one party’s needs is greater than the sum calculated under the sharing principle, the court will award the former—unless it is unfair to do so.

Needs are a flexible concept. The principle of need requires consideration of:

The financial needs, obligations and responsibilities of the parties;
The standard of living enjoyed by the family before the breakdown of the marriage;
The age of the parties;
Any physical or mental disability of the parties;
The payer’s wealth;
The length of the marriage;
The source of wealth (marital or non-marital), among other factors.

In appropriate cases—typically long marriages and subject to financial resources available—courts have taken the view that needs should be set “at a level as close as possible to the lifestyle (i.e., standard of living) which they enjoyed during the marriage.”

The case also delved into the topic of delay—the lapse between the separation and the financial remedy application.

Although an application can be made at any time after the divorce has been finalised, an unjustified delay may be a factor (potentially a highly material one) when weighing the section 25 criteria.

Final thoughts

The above outlines the general approach to financial remedy applications. Before concluding, it is crucial to consider the importance of evidence and cross-examination, especially in situations where facts are in dispute.

Understandably, couples may not find it necessary to store evidence when the relationship is solid. However, often, a single piece of evidence can sway the judgment one way or the other. It may therefore be prudent to keep records of any financial transactions to protect your interests.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Facing an OPSS Investigation? Legal Steps to Protect Your Business

The Office for Product Safety and Standards is the United Kingdom’s national regulator for consumer product safety. Its role has expanded steadily since its establishment in 2018, and it now plays a central part in monitoring, investigating and enforcing compliance with product-related regulation across the UK market. For businesses involved in manufacturing, importing, or retailing, contact with the OPSS is not uncommon. When it happens, the right legal guidance can make a decisive difference in managing the process and protecting your position, especially if you are subject to an OPSS investigation.

Who does the OPSS regulate?

The OPSS has jurisdiction over virtually every actor in the consumer goods supply chain. This includes manufacturers, distributors, retailers, online platforms, and importers. While local Trading Standards departments remain active in frontline enforcement, the OPSS takes the lead where cases involve national interest, cross border dimensions, emerging product risks or broader policy considerations.

Of particular importance in the present day is the fact that online marketplace sellers who sell via platforms such as Amazon, eBay and Etsy may be treated as importers or distributors and held responsible for compliance even if they do not manufacture or import directly.

While local Trading Standards authorities retain frontline responsibility for most consumer goods enforcement, the OPSS acts as the national oversight body. It may take the lead where matters are complex, cross-border, involve emerging risks, or raise policy significance.

The Legal Framework

The OPSS enforces a range of product safety and compliance regulations, including:

The General Product Safety Regulations 2005
Electrical Equipment Safety Regulations 2016
Toys Safety Regulations 2011
Personal Protective Equipment Regulations 2018
UKCA marking and conformity assessment requirements
Energy labelling and eco-design rules for relevant product categories
Environmental and resource efficiency rules for manufactured goods

Our team can advise on whether your product is within scope and what duties apply to you in law.

How the OPSS Operates

An investigation by the OPSS often begins quietly. It may start with a simple request for information or a test purchase carried out under assumed identity. These initial steps are designed to assess whether a product complies with legal requirements. If concerns arise, the regulator can escalate its intervention swiftly and without further notice.

Businesses may be asked to provide full compliance documentation, technical files, labelling information or correspondence with suppliers. Where the matter is more serious, the OPSS may request that directors or senior staff attend an interview under caution, which is a formal process with potential criminal consequences. In some cases, the regulator will issue a suspension notice or order that a product be withdrawn from the market entirely. Civil financial penalties may follow, and in more serious or persistent breaches, criminal prosecution is a real possibility.

The OPSS also works in cooperation with other agencies, including Trading Standards, Border Force and international regulatory authorities. The scope of an investigation can therefore expand quickly and may involve reputational, commercial and cross border implications.

What to Do If You Are Under Investigation

If you or your business receives correspondence or a visit from the OPSS, it is important to respond promptly and carefully. Key steps include:

Engage legal advice early – Investigations may carry both reputational and legal risk. Early advice can shape the response strategy and avoid unnecessary admissions.
Preserve and review documentation – Ensure relevant compliance documentation, internal assessments, and supplier certifications are collated and reviewed.
Prepare for interview – Where interviews under caution are proposed, legal representation should always be present. These are formal interviews with potential criminal implications.
Consider proactive remedies – In some cases, offering voluntary corrective action or additional testing may assist in mitigating enforcement action.
Maintain clear lines of communication – A cooperative but carefully managed dialogue with the regulator is in the business’s best interest.

How We Can Help

Regulatory investigations move quickly. So must your response. We support clients at every stage of engagement with the Office for Product Safety and Standards, providing clear, strategic advice from the outset.

We help assess the scope and seriousness of the investigation, advise on your legal obligations, and manage communications with the regulator. We assist in preparing and reviewing documentary responses, including technical files, testing records and internal correspondence. Where interviews under caution are proposed, we ensure you are fully advised and represented, both in advance and during the interview itself.

It must be said that no two investigations are the same. If you are under investigation or have received contact from the OPSS, contact our team and we will provide tailored advice based on the specific facts of your case and the regulator’s approach.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

How to Prevent a Forged Will? Unclaimed Estates List Removed as Gangs Target Bona Vacantia

As the UK becomes an aging society, the issue of inheritance after the death of elderly people grows as a a high profile issue. People who are close to them often have no idea whether the elderly person has left a will, let alone whether they have other living relatives.

This has led to a phenomenon where there is a lot of “unclaimed property” (Bona Vacantia) in the UK. As a result, some people have set their sights on these inheritances. The government even recently removed its unclaimed estates list after a rise in reported cases of fraud within the probate system.

What is “Bona Vacantia” and why is it a target for scammers?

Bona Vacantia is a Latin term meaning “vacant goods”. In law, it refers to the estate left by an individual who dies intestate in England and Wales without legal heirs.

According to the law, these estates will pass to the Crown. Until recently, relevant information about these estates was regularly published on the official gov.uk website as the unclaimed Estates list. There were roughly 6,000 such estates listed on the list, which included basic information such as the name of the deceased, date of birth and death, and place of death.

The government’s original intention in publishing this list was to help lawyers and “family search companies” provide clues so that they can find possible legal heirs and help them claim their relatives’ inheritance.

However, leaving this detailed list open to the outside world has been regarded as a “gold mine” by criminals.

How did a gang of fraudsters ‘inherit’ an elderly woman’s million-pound estate?

In late 2023, an elderly woman without children passed away in Wimbledon, South London.

Christine Harverson lived independently following the death of her husband in 2020, had a small social circle, and did not leave a will. However, her nieces, Lisa and Nicole, were due to inherit her entire estate. Her name soon appeared on the Bona Vacantia list. A few weeks later, a man claiming to be her “dear friend” suddenly contacted the government agency responsible for handling her estate and submitted a “newly discovered will.”

The “will” was dated 2016 when Christine was housebound and disabled, and claimed that she left all her property to the man – including a detached house worth about nearly £1m.

There were a few signs that something wasn’t right about the validity of the Will. However, there are many suspicious points about this so-called “legal heir”. For example:

His name, Tamas Szvercsok, is a typical Hungarian spelling, and Christine’s neighbour and friend, Sue, said that she had never mentioned a Hungarian friend.
The will would have disinherited Christine’s husband and carer at the time
Christine could not have legally bequeathed the house without her husband’s consent as he was a joint owner
There was no record of Mr Szvercsok visiting Christine in the care home
Christine’s home address was misspelled
The address for Mr Szvercsok did not exist until 2021

According to the investigation, this person is suspected to belong to an organized international fraud gang that forged a large number of wills and illegally inherited the property of the deceased by establishing shell companies and fabricating identities.

What recommendations does our Solicitor make?

Solicitor Xinlei Zhang of Lisa’s Law makes the following recommendations:

When elderly or seriously ill people make a will, it is recommended that a doctor issues a medical certificate stating that they have the capacity to make a will and to keep records of the entire process.

Be sure to use a written and recorded paper will and find a specialized lawyer to help you complete the will.
Signatures are important in a will: if there are multiple versions or an illegible signature, its validity may be questioned.
As for witnesses, the safest approach is to ask a lawyer or firm employee to be a witness and avoid the involvement of relatives.

There are many ways to prevent a will from being forged or tampered with

1. Make multiple copies to keep a record of the signing process

In addition to the original, scanned copies or photocopies may be retained
The signing process can be recorded on video, especially in families with a high risk of dispute
Have a lawyer or professional organization issue a “proof of signature” document

2. Keep your will safe

Do not leave your will in a drawer or in a place where it can be stolen
Recommended storage methods: deposited in the will-making law firm; deposited in a bank safe deposit box; deposited in a government-recognized will registration system (such as the National Will Register)

3. Avoid “manual modification” with irregular modification methods

It is not recommended to arbitrarily cross out, add to, or alter the original will
If you want to make changes, you should use a “supplementary will” (Codicil), which also requires signatures and witnesses
If the will has been revised multiple times, you should consider making a complete new will and declaring the old will invalid

4. Preventing a forged will from taking effect

If someone submits a “new will” that conflicts with their original will, the court will determine its authenticity based on the evidence
Including whether the signatures are consistent
Whether there were witnesses on the day of signing
Whether the source of the document is credible
The testator’s mental state
Whether there is a conflict of interest

Final thoughts

Since the introduction of the current digitised probate system in 2017, it has become easier than ever to create a will. In order to ensure the legality, authenticity, tamper-proof and legal validity of the will, Lisa’s Law recommends that you consult relevant professionals before establishing a will. We also recommend that you only write the will after receiving professional advice. If you have any related questions, please feel free to consult our Family Department at any time.

Have questions? Get in touch today!

Call our office on 020 7928 0276, we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

Have a question? Our friendly and experienced team are here to help.

Subscribe to our newsletter

We post weekly articles covering a variety of topics, including immigration, property, and more, so subscribe to our newsletter for the latest updates.