Free Professional Will Service for Our Amazing NHS Workers

The outbreak of COVID-19 has hit everyone hard, but none harder than the incredible NHS staff who are risking their lives every day in order to look after others.

We are hugely lucky to have the NHS, not only in hard times such as the ones we currently find ourselves in, but every day. They are the backbone of our society, always there for us when we need them most, providing unquestioning and selfless care.

It is with this in mind that we are offering 50 free wills to NHS staff, as a small token of gratitude for the huge sacrifices they are making.

Contact us through our new app:

You can easily contact us through our new app, which is completely free to download and incredibly easy to use. Just click New Enquiry and ask about our free will service, or any other legal service you may need.

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Alternative ways to contact us:

You can also get in contact with on 020 7928 0276 or email info@lisaslaw.co.uk and one of our specialist caseworkers will take you through everything, from start to finish.

Thank you NHS!

Lisa’s Law will always stand with the NHS. From the bottom of our hearts, we thank you for all of the amazing work you do. Let’s get through this together.

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Home Office updates guidance once again for Sponsors

During the current situation with COVID-19 guidance around employee and employer sponsorship schemes are in a constant state of flux.

The guidance has been updated yet again. The latest changes are as followed:

Completing a visa application in the UK

UK Visa and Citizenship Application Centres (UKVCAS) and Service and Support Centres (SSCs) are temporarily closed because of coronavirus (COVID-19). An individual’s immigration status will not be negatively affected as a result of them not being able to attend an appointment.
If an individual has already made an appointment to attend a UKVCAS service point, or a Service and Support Centre (SSC), they’ll be contacted and told what to do next. Their immigration status will not be negatively affected as a result of them not being able to attend an appointment.
Once an applicant has submitted their application online, the terms of their leave will remain the same as they were at the point of application. Applicants will be in the UK lawfully and no-one will be subject to immigration action if they are unable to attend a biometric appointment or if there are delays in processing their application.

Sponsoring an employee or student who is waiting for a decision on an application

Students (Tier 4)

Sponsors may allow students to start their studies before their visa application has been decided if:
- sponsors are a Tier 4 sponsor (other than Tier 4 Legacy Sponsors)
- sponsors have assigned the student a Confirmation of Acceptance for Studies (CAS)
- the student submitted their application before their current visa expired and has shown their sponsor evidence of this
- the course they start is the same as the one listed on their CAS
- the student has a valid Academic Technology Approval Scheme (ATAS) certificate if required

A sponsor’s reporting responsibilities start from the date that sponsors issue the CAS, not from the date that their application is granted.

If the student’s application is eventually rejected as invalid or refused sponsors must terminate the student’s studies.

Workers (Tier 2 and 5)

Sponsors may allow employees to start work before their visa application has been decided if:

- sponsors have assigned them a Certificate of Sponsorship (CoS)
- the employee submitted their visa application before their current visa expired
- the role they are employed in is the same as the one on their CoS

Sponsors reporting responsibilities for an employee start from the date the sponsor have assigned them a CoS, not from the date that their application is granted.

Sponsors will not be able to report information to the Home Office using the sponsor management system. Sponsors must however ensure that they record and maintain all the relevant information set out in the sponsor guidance on their own systems. Any changes that will impact the eventual consideration of the migrant’s visa application should be updated on the Certificate of Sponsorship, as normal.

If the employee’s application is eventually rejected as invalid or refused, sponsors must terminate their employment.

Doctors, nurses or paramedics working or volunteering in the NHS

An individual’s visa will be automatically extended by one year if it is due to expire before 1 October 2020. Family members with a visa due to expire before 1 October 2020 will also have their visa extended.
The extension is free and they will not have to pay the immigration health surcharge.
Individuals do not need to apply. We will contact NHS employers to identify staff eligible for this extension. We will notify the individual and their employer if they have received an automatic extension.
There is no longer a limit on the number of hours an individual can work or volunteer each week if they work for the NHS as a doctor, nurse or paramedic and they are a:
- Tier 4 student
- Tier 2 worker and their NHS job is a second job
- visiting academic researcher
- holder of a short-term visa and are permitted to volunteer
If an individual is a pre-registration nurse currently in the UK, the deadline for them to sit the Occupational Structured Clinical Examination (OSCE) has been extended to 31 December 2020

Have any questions? Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

lisaslaw@web

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April 15, 2020
Coronavirus, Landlords, Policy, Property, Rent, Tenants

Uncertain times call for extraordinary measures for Landlords and Tenants

The following article was written by Salina Lim of our Conveyancing team.

Commercial tenants and landlords have an ongoing relationship in relation to lease terms despite the impact of COVID-19 on the economy on a global scale. This article touches on the various battles that tenants may endure against landlords, and vice versa during the current pandemic.

Generally each commercial lease is worded differently. It is imperative to seek proper legal advice on the individual lease before taking any action.

If the law is taken into your own hands, you may run the risk of serious legal consequences. For instance, the offender may be subject to legal action and struck with financial penalty for a breach of the lease.

Having a high level of awareness is key to this predicament in making a proper decision which could save considerable costs in respect of landlord-tenant disputes.

We have put together a couple of considerations for landlords and tenants during this crisis; they are as follows:

Rent and other charges due and payable

Tenants should be mindful that rent, service charge and other monies (if any) due under their lease continue to be payable despite the coronavirus outbreak. If the tenant has difficulty paying rent, it may be worth having a discussion with the landlord to suspend, defer rent or seek a rent concession before it falls due. If both parties agree, the negotiations should be formally documented in writing.

Landlords may choose to suspend, defer rent or provide a rent concession for a certain period (subject to review) to avoid the tenant becoming bankrupt or insolvent. Before the landlord makes a decision, it is highly recommended that independent legal advice is sought to protect the landlord’s best interests in light of the current situation.

Insurance implications on the business premises

It is fundamental that the tenant checks their current insurance and policy schedule to determine if any business losses suffered due to ‘notifiable diseases’ are covered.

For landlords, please note that a loss of rent under the insurance policy may not be covered due to a ‘non-physical damage’ event i.e. COVID-19. Generally speaking, insurance cover for loss of rent tends to be effective when the premises cannot be occupied due to an insured risk with physical damage or access.

Termination of lease as a result of COVID-19

A tenant may not end a lease unless they have right to do so, for instance, by exercising the break clause, if available. The tenant should check with their solicitor if there is a break clause and whether it may be exercised or not. If a break clause does not appear in the lease, the lease conditions will continue to apply to the tenants and landlords as per usual and must be strictly complied with.

Tenants should check whether they have a ‘force majeure’ clause as it may possibly allow the tenant to not perform their obligations under the lease due to the lockdown set by the Government since the tenant cannot to run their business. However, a force majeure clause rarely ceases to exist in most commercial leases.

Landlords should be aware that the Government has currently implemented protective measures in favour of tenants. This means that no businesses will be forced out of their premises for non-payment of rent up to 30 June 2020 or as to further extend the period (subject to change). This protective measure impacts the Landlord’s rights to exercise forfeiture (the loss of property due to a breach of obligation under the lease).

Where do we go from here?

This article is current as of 14 April 2020, particularly if there are any changes to the law. If you would like current legal advice on your commercial lease, please get in touch with Lisa’s Law Solicitors to offer you specialist advice.

Contact us!

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

lisaslaw@web

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Telephone and Video Hearings – Rules, Etiquette, and Advice

With the restrictions in place regarding social distancing, hearings are now largely taking place through video technology or over the phone. Below are some tips on how to make this process easier for everyone involved, as well as some guidance around the rules for regular hearings which still must be followed during video and telephone proceedings.

Deciding which hearings will take place:

The courts or tribunal will decide which hearings will take place over the phone or via video.

Both phone and video hearings are free of charge.

The Courts and Tribunal Service (HMCTS) will contact you by post or email to:

let you know if your hearing will take place by video or phone
confirm the time and date of the hearing
ask for your preferred phone number or email
ask if you need any support to join the hearing

Deciding how the hearing will take place:

The judge or magistrates will decide on the method for the hearing. Hearings will only take place by video or phone if they’re satisfied it’s in the interests of justice for everyone involved.

To make the decision, they will consider:

the details of the case
the type of hearing, and how complex it may be
information you’ve given to the court that may affect you taking part in a phone or video hearing

Some tips on how to prepare:

Firstly, make sure you are in a quiet environment where you will not be disturbed. Tell people you live with that you need an area to yourself for the duration of the hearing.

If you have children it could be a good idea to have a trusted family member or close friend watch them for the duration of the hearing.

If you are taking part in a hearing with a legal representative, agree in advance how you will communicate confidentially during the hearing.

If you need to have someone with you who is not a legal representative, you must ask the court’s permission.

Phone hearing:

If you are taking part in a hearing over the phone, make sure the device you will be using is fully charged so that you are not cut off in the middle of it. It is also a good idea to test the device beforehand to make sure it is working correctly.

Video hearing:

If your hearing is conducted via video, with a laptop set your screen at 90 degrees to the keyboard so your face can be seen properly. Also, make sure your face is not in the shadow and you can be clearly seen and identified. Try to make the background as blank as possible, for example sitting in front of a plain wall in your house is ideal.

Rules of the courtroom still stand:

Everyone must follow the same rules as in a courtroom. This means:

only drink water
no eating
no smoking or e-cigarettes
follow the court or tribunal’s instructions

Also, it is a criminal offence to record or publish any court hearing without authorisation.

So be certain nobody is recording with or without your permission. It is better to be in a room which is secure. Where possible, sit so that your screen is not visible to anyone else.

Support:

If you need an interpreter or other support to join the hearing, you should notify the HMCTS using the contact details in your hearing notice.

If you cannot join the hearing:

Again, let the HMCTS know by using the contact details on your hearing notice. The court will decide whether the hearing may:

go ahead without you
be scheduled for a later date

If you do not join the hearing, the case could proceed in your absence.

If you need any advice you can always call Lisa’s Law on 020 7928 0276 or email in to info@lisaslaw.co.uk. We are always here to help.

Joining by CVP, Skype or BT Meet Me:

Your hearing notice will state if your hearing will take place by phone or video and whether it will be by CVP, Skype or BT MeetMe.

It will also tell you the time and date of your hearing.

How to join by BT meet me phone call:

HMCTS will call you from an unknown number at the time of the hearing. If you use call barring services, turn them off so they can reach you.

When they call you, you’ll hear a welcome message saying you are invited to join a conference call.

To join:

press ‘*’ (star) key and number one to join
say your name
press the ‘#’ (hash) key
once you’re in the hearing, stay on mute until you’re asked to speak

At the start of the hearing, a member of staff will introduce themselves and explain how the hearing will work and what you need to do.

How to join by Cloud Video Platform (CVP):

Once the HMCTS have received your preferred contact details you will receive an email with a website link and sign in details. Check your spam folder if you have not received it.

To join the video hearing:

Download Google Chrome as this is the preferred browser
copy the link into Google Chrome and click ‘enter’
type in your full name, click the camera icon to connect with audio and video, then click ‘connect’
select default microphone and camera options then click ‘start’
enter the PIN given in the email invitation and click ‘connect’
when you join you’ll be in the waiting area until the hearing starts.

At the start of the hearing, a member of staff will introduce themselves and explain how the hearing will work and what you need to do.

How to join by Skype for Business:

Once you’ve told HMCTS your preferred contact details you will receive an email with a web link to join the hearing. Check your spam folder if you have not received it.

To join the video hearing:

Download Skype for Business software on the device you will use to join the hearing. Check this step by step guide on how to download it
click on the Skype for Business link in your email
join as a guest and when asked, type in your full name
wait in the Skype lobby until the chairperson invites you into the hearing
stay on mute with your video off until you are asked to speak or turn the video on

At the start of the hearing, a member of staff will introduce themselves and explain how the hearing will work and what you need to do.

After the hearing:

The judge or the person in charge of the proceedings will:

check they have dealt with all the issues raised
tell you when you can expect a decision
confirm the hearing is finished and tell you when you may leave the call

Recording and transcript

The process for recording video hearings will be the same as for hearings held in a court building. Where hearings are recorded, you can apply for a transcript.

Need more advice? Contact us!

We understand how stressful these meetings can be, and it is our job to make you feel as comfortable and prepared as possible.

We are operating as usual, and you can reach us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Or, why not download our free app today? You can launch a new enquiry, scan over documents and much more.

If you have an iPhone, follow this link to download.

If you use an Android phone, follow this link to download.

Find the link here if you need some further instructions on how to use our new app!

lisaslaw@web

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50% Discount on Our Professional Will Drafting Service!

Act now! First 50 applicants will receive 50% discount on our Professional Will Writing Services!

One of our caseworkers has generously chosen to donate their hard-earned bonus to help fund clients in making their wills during these uncertain times, so we are offering half price wills to the first 50 clients who contact us in April.

For just £75 +VAT you can have your will drafted and executed by a legal professional, ensuring that your loved ones are protected and your estate is dealt with according to your precise instruction.

All we ask in return is that you ask 2 friends to download our new Lisa’s Law App, and send us screenshots showing the app on their devices.

Interested? Please download our app for free from either the Apple or Android store (links below). Then simply send us your name, telephone number and email address using the New Enquiry function in the app, quoting this 50% off will drafting deal. We will then contact you back.

If you are not one of the first lucky 50 you can still instruct us to draft your will in April at the discounted fee of £135 + VAT, our standard single wills are £150 + VAT.

Stay safe and instruct us online!

Lisa’s Law Solicitors

lisaslaw@web

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Some rules for visas relaxed due to COVID-19 – but do they go far enough?

Coronavirus has everyone feeling nervous, whether it is concern for the health of family members, missing the freedom of the pre-coronavirus world, or financial worries that come with being in lockdown – most people have been negatively affected in some way.

For those who rely on visas to remain and work in the UK, there is even more of a reason to worry. The virus has locked down almost the whole economy. Tens of thousands of businesses have been forced to close. Millions of workers have either been laid off or put on furlough leave. Their income has been substantially reduced or completely stopped.

A lot of these workers are migrants who are subject to various conditions of their visas to stay in the UK. In many cases, one of these conditions will be to meet a certain level of income. Covid-19 has clearly made this requirement more challenging than ever. The majority of the migrants are worried whether their immigration status will be affected, and if so, to what extent, if their income has reduced or completely stopped. The lack of speedy action from the Home Office has further exaggerated such concern.

In response to such anxiety, the Home Office finally updated their Guidance on 6^th April 2020. Today we are going to see what those changes are and whether those changes have gone far enough to assist the migrants concerned

The changes to the Immigration Rules can be summarised as follows:

Tier 1 Entrepreneur visa:

The current Immigration Rules require that a Tier 1 entrepreneur visa holder needs to create two full-time employment positions which must last for no less than 12 months. Any position that lasts less than 12 months is discounted.

Following the above change, any position will be counted. Let’s say if a Tier 1 entrepreneur creates a receptionist position which lasts for 3 months, then creates a new sales position, which lasts for 9 months, he will be able to add the duration of these two positions together, which means that he has satisfied one full-time employment position.

On this point, it is clear that the new change is more flexible and makes it easier for the migrant to meet the requirement.

However, pursuant to the changes above, time where the Tier 1 entrepreneur’s employees are furloughed will not count towards the 12 month period. So if you have someone who is furloughed at the moment due to coronavirus, the time will not be going towards the necessary 12 consecutive months.

If that is the case and the Tier 1 entrepreneur has not been able to create two full-time employment positions during the duration of their visa, he/she will have to apply for further extension to prove that they can meet the requirement.

Is this fair?

The fact that the government has made it easier for Tier 1 entrepreneurs to meet the employment position requirement by adding up the duration of different positions is definitely a positive move.

However, it is our opinion that this is still rather harsh, all things considered. As the coronavirus situation continues, many companies face the risk of shutting down completely. It has been very difficult for firms to allow employees to suspend their work yet retain their salary. This is why we feel that the time employees are furloughed should still count towards the 12 month period needed by Tier 1 entrepreneur migrants to meet the job creation requirement.

The current coronavirus situation is out of everyone’s control. It appears to be a little scapegoating to make Tier 1 entrepreneur migrants who would have otherwise been doing fine if it were not for COVID-19 apply for further extension of their visas with additional cost and time.

Spousal visa issues:

There has been no mention in the guidance about whether or not a migrant on a spouse visa will be affected if they have less income or are left unemployed due to coronavirus. To qualify for spousal visas certain requirements must be met, which includes a household income of at least £18,600 a year.

At this point, we feel that spouse visa holders should not be punished as long as they are not at fault for the reduction in their wages or their unemployment. When they apply for a spouse visa, the immigration office should process and approve the application as appropriate in terms of salary income, rather than refuse them, in these circumstances.

Tier 2 employees and employers are also hit:

In addition, the guidance provides that, employers are allowed to put Tier 2 migrants on furloughed leave. It will not affect the employee’s visa or the employer’s sponsorship. However, once the current situation ends, the employer must immediately adjust the salary of the employee back to the original level.

This is rather harsh as well to Tier 2 migrants, in our opinion. What if the employers cannot survive the current crisis and close? In that case, we assume that the migrants will have to leave the UK, as the Home Office will argue then that they are not needed in the UK any longer. That could be true; however, surely they should be given a grace period of time to find new jobs?

Changes to the current restrictions on the number of hours you can work or volunteer:

There is no longer a limit on the number of hours you can work or volunteer each week if you work for the NHS as a doctor, nurse of paramedic and you are a:

tier 4 student
tier 2 worker and your NHS job is a second job
visiting academic researcher
holder of a short-term visa and are permitted to volunteer

If the original visa expires before October 1, that migrant’s visa will be automatically extended for one year, provided they are an NHS employee.

This extension for frontline workers is a most welcome token of gratitude for all of their hard work during this pandemic.

Final thoughts:

In summary, it is our view that the majority of what is outlined in this guidance has not gone far enough to support people during these challenging times. The government is clearly under a lot of stress, and there are many issues that must be dealt with during this pandemic, but this new guidance leaves a lot to be desired for many people up and down the UK.

Want to know more? Contact us!

We are operating as usual, and are on hand to help with any legal enquiries you have.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

lisaslaw@web

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Building Success from Disaster: Tomorrow belongs to the prepared

When the coronavirus struck and Boris Johnson placed the UK on lock-down on 23 March 2020, the UK’s housing market was left in total turmoil and potential sellers and buyers in the lurch.

Current government advice states that house viewings should be avoided. Recent guidelines issued by the Ministry of Housing, Communities & Local Government says, “Home buyers and renters should, as far as possible, delay moving to a new home”. This has further rendered the precarious housing market to an almost complete standstill.

The net effect of this lock-down reduced banks’ capacity to process loans, surveyors unable to undertake property valuations as easily and estate agents not being able to undertake viewings. Although conveyancers’ work is not critically influenced by the lock-down, the decline of capacity from the property ecosystem such as estate agents, surveyors and bankers have a knock-on effect on conveyancers.

Many conveyancers have started working electronically even before this crisis. From deducing title to contract signing, each step can be done remotely. As a forward looking firm, we have, from the company’s inception, setup our communications and case management system to allow all case workers to be contactable as usual from anywhere in the world.

Even with the advancement of technology, conveyancing work is has inevitably dried up during this lock-down due to the collapse in the property ecosystem. Throughout a property sale purchase transaction, conveyancers are the last party involved in completing the deal. Deals which conveyancers being doing right now are limited to between those who are forced to sell and those who are cash buyers.

Has the coronavirus crisis totally broken the UK’s housing market?

Since the last general election in December and the government decision on Brexit, confidence in the housing market increased. The post-Brexit market has been extremely positive as a result of this renewed confidence.

Pent-up demand from both buyers and sellers were evident early in the year where mortgage approvals reached their highest levels, but the sudden occurrence of COVID-19 has shocked the wider market at an unprecedented level. At this time, it is too early to predict when the property market will rebound but it is important to note that real estate is a necessity, therefore even with the slump in its current prices now due to the wider market shock, it’s value should recover quickly in the near future.

Looking forwards:

We live in a solution-driven society, where technology has the potential to lead the way. It is time for us to shift resources to digital channels. Estate agents are encouraging sellers intending to sell their properties to with technologically driven solutions such as real time viewings or recorded walkthrough video tours of the property. There are early indications of valuers undertaking remote valuations and banks accepting such valuations. This is testament of the resilience, innovation and the adaptability of the industry.

Whilst activity may have slowed significantly, when the market starts up, forward looking firms will be the ones who will be best positioned to assist with client’s legal matters. With our firm’s utilisation cloud-based case management system, our caseworkers will be able to access client’s file wherever they are. Our client care is unaffected with our utilisation of internet-based telephone system enables all phone calls to be transferred as usual even during the lockdown.

With the new Android and Apple supported mobile app, our firm has provided another method of communication to our potential clients.

Our new app:

We have developed a brand new mobile app which is available on both iPhone and Android smart phones as well as tablets, which you can download for free on the App Store and Google Play, just search for ‘Lisas Law’ and it will come up!

On this app clients new and old will be able to launch a New Enquiry with us by filling out a simple and quick form, which will be sent directly to us – it couldn’t be easier!

Once the case is underway clients can keep up with all the developments using the Check Your Case function. They will know exactly what stage their case is at in seconds, with a touch of a button.

Getting important information over to us has been streamlined as well, with the innovative Scan Document function. Clients will be able to scan multiple documents at a time, hit one button to convert them into pdf format, then one more button to send them directly to us. It’s so simple!

We are ready for anything

The coronavirus has majorly affected all parts of our society, but we are confident that with these new technologies in place we can keep on working as normal, with the same care and expertise as usual!

We are here for all your legal needs. During these difficult times, we can be counted on!

Looking for a solicitor does not mean that you have to risk leaving your home.

Want to know more? Contact us!

We are operating as usual, and are on hand to help with any legal enquiries you have.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

lisaslaw@web

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Child Abduction Proceedings and other Litigation Concerns – Amendments made amid Coronavirus

Amendments have been made to the practice and case management rules around Child Abduction Proceedings due to the COVID-19 outbreak. The new guidance will be in place until further notice.

International Child Abduction and Contact Unit:

The ICACU staff are now operating remotely and are encouraging other Central Authorities to submit applications by e-mail as ICACU has no physical presence at their offices in line with the current Government guidance on social distancing. Documents sent by regular post will not be received.

The ICACU general email address for new applications and enquiries is ICACU@ospt.gov.uk.

The Legal Aid Agency:

The LAA are currently operating as usual; however, obtaining evidence for financial assessments for applicants may present difficulties during this time. Appreciating the situation, the LAA has usefully issued extra guidance, which is available here.

Issue Procedure – All Applications:

All applications will be treated as without notice applications and will be heard in the urgent applications court. The restriction on such applications has been suspended.

The public counter in the Clerk of the Rules office is currently closed due to the national health emergency. Solicitors, who have an HMCTS payment account, commonly called a PBA, electronic issuing is possible via rcj.familyhighcourt@justice.gov.uk.

The application notice or the covering email should indicate that it is an application to be issued electronically and should contain the following in the email subject line: URGENT: NEW 1980 HAGUE CONVENTION APPLICATION FOR ISSUE. Otherwise, the applicant will need to invite the court to address the question of the issue of proceedings in the first order (and a provision included in the draft).

Service:

Parties will be permitted to serve orders prior to them being sealed by the office of the Clerk of the Rules. Each order will be endorsed with a statement that the order is effective without a seal and may be served pending the court sealing the order.

Effecting personal service should only be attempted if safe so to do. Otherwise, service by e-mail or posting through letterbox will be considered sufficient in the first instance (and a provision to this effect should be included in orders), subject to any other direction of the court.

Child Abduction Mediation Scheme:

The operations of the court based Child Abduction Mediation Scheme are suspended only insofar as they provide for face to face mediation at court. The Child Abduction Mediation Scheme will continue in all other respects to be operated by Reunite remotely.

Each party will be expected, prior to the first on notice hearing, to make contact with Reunite by email on reunite@dircon.co.uk or by telephone on 0116 2555 345 in order to consider mediation.

Participation of Child:

The Cafcass High Court Team are able to, and have commenced interviewing children remotely. The Cafcass High Court Team has access to Skype for Business to permit them to give evidence by way of video.

Likewise, papers will be received electronically and henceforth all papers should be provided to them in electronic format. The email address is highcourtgm@cafcass.gov.uk.

Hearings:

Hearings, unless there is a direction by the Judge otherwise, will take place remotely (that is to say the Judge, the parties and, where relevant, their representatives, will attend the hearing in different locations but by means of technology). Upon such an order being made, each party and/or their representatives must take immediate steps to obtain or ensure that they have access to appropriate technology in preparation for that hearing.

No less than 48 hours before the hearing the solicitor for the applicant is expected to contact the respondent or his or her legal representative to make arrangements for the hearing to take place remotely if required and to co-ordinate those arrangements with the court (and with any interpreters if required). Where the respondent does not have access to a computer, the hearing will take place by telephone conference.

Tipstaff:

Tipstaff orders will still be available in the usual way and the Tipstaff will continue to discharge his responsibilities, subject always to any operational constraints imposed by the current public health emergency and any current or future Government guidance. The Tipstaff office can be contacted by telephone on 020 7947 6200.

Tipstaff requires a sealed order for the discharge of existing port alerts and passport orders. Unsealed orders will not suffice. In the circumstances, Tipstaff orders will need to be sent directly from the Judge/Clerk/Associate to the Tipstaff once sealed.

Priorities within court during coronavirus:

Below are two lists which differentiate priority between certain types of cases:

Want to know more? Contact us!

We are operating as usual, and are on hand to help with any legal enquiries you have.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

lisaslaw@web

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Coronavirus outbreak has thousands thinking about wills – we are here to help

The demand for wills has understandably increased since the outbreak of the coronavirus, with more people starting to contemplate their end of life plans. Financial consultancy firm deVere Group have revealed that the demand for wills jumped by 76% in the past fortnight alone.

People want to make sure everything is in place so their estate will be handled and passed on correctly to the right people, and a health pandemic such as the coronavirus only adds to the desire to see it done.

However, the social distancing rules currently in place due to COVID-19 make executing wills a definite challenge at this time.

In accordance to current laws (which have been the same since 1837!), the correct execution of a will must involve the following:

The will must be in writing
It must be signed by the testator or by some other person in his/her presence and by his/her direction
It must give the appearance that the testator intended by their signature to give effect to the Will
The will must have a signature made or acknowledged by the testator in the presence of two or more witnesses present at the same time
It must be witnessed and each witness must attest and sign the Will or acknowledge their signature, in the presence of the testator (but not necessarily in the presence of any other witness).

The effect of COVID-19:

After government advice to avoid social contact, some of these rules are harder to follow. Being in the same room with people, who are all able to clearly observe the signing of documents is now ill advised. There is also likely some travelling to be involved as well, which many people will not be comfortable with.

In these circumstances, it will be difficult to meet the requirement for a testator to sign a Will in the presence of two witnesses present at the same time and for the testator to then be present when those witnesses attest and sign (or acknowledge) the testator’s signature. Presence includes both physical and mental presence.

What about using video?

This is an obvious alternative, but video conferences or communicating over the phone have not been confirmed by the government as an acceptable option. There is currently no confirmation that e-signatures will be accepted either.

This clearly puts many legal practitioners in an awkward situation, as it may not be possible to comply with the government’s guidance to reduce social contact while also arranging for wills to be validly signed.

Our processes of executing wills:

Until alternate measures, if they are indeed coming, are put in place during the coronavirus crisis there is no choice but to follow the existing legal procedures.

There are three routes you can follow with us to execute your will:

At our office – We are very happy to be your witnesses and assist you executing the will. We do not charge for the service.

We will be vigilant in keeping a minimum of 2m distance, as recommended by the government. So long as we are able to clearly see the documents being signed, it is no problem.

At your home or other place you prefer but in our presence – If you prefer or require, our caseworkers will travel to your home to assist you in the execution of your will. In this case, we will have to charge you our reasonable fees for travelling to and from your home.

Again, the 2m distance will be kept and business will be conducted swiftly to avoid unnecessary contact.

Execution in our absence – If you choose to execute your will in our absence, you need to pay attention to the following points:

You need to have two witnesses who are:

over 18 years old (but not very old so that some senses are impaired)
in good health
not blind
easy to trace and have full home addresses
not your beneficiaries/potential beneficiaries or their spouses/civil partners or other person who are closely related to them

When executing:

you should only sign the will in the presence of both witnesses;
they should also sign it in your presence simultaneously and with the same pen; and
none of your beneficiaries/potential beneficiaries in your will or their spouse/civil partners/same sex partners shall be present when executing.

After execution, please send us your will immediately and we will check whether it has been properly executed.

Should you have further query on the execution of your will, please do let us know immediately.

Will drafting

We are very experienced in drafting wills, should you need one. Our team is operating as usual and are ready to take on new instructions.

Our pricing is extremely competitive in this area, with a fully drafted simple will costing only £180 and simple mirror wills at £210.

Have questions? Contact us!

We have a dedicated team of legal specialists ready to advise and guide you through any will based questions you might have.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

lisaslaw@web

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Housing possession proceedings suspended for 90 days

After considerable consultation on the impact of COVID-19, the court service has suspended all ongoing housing possession proceedings until June 25^th 2020 – this means that neither cases currently in nor those about to start can progress to the stage where someone could be evicted.

This suspension will apply to those in both England and Wales and will initially last for 90 days but can be extended if needed. This measure will cover all private and social renters, as well as those with mortgages and those with licenses covered by the Protection from Eviction Act 1977.

This is to give people peace of mind during the coronavirus crisis that they will not end up homeless.

Landlords will have to give all renters 3 months’ notice if they intend to seek possession (i.e. serve notice that they want to end the tenancy) – this means the landlord cannot apply to start the court process until after this period.

Previous inconsistency:

These measures have been introduced in part due to inconsistency between courts on the issue since the coronavirus outbreak. The approach by county courts were very disjointed with some courts adjourning cases for three months, and others adjourning only for a few days or weeks, which is obviously very unfair.

Rent to be paid as normal:

The last thing that the government would want is for people to abuse this measure and use it as an excuse not to pay rent.

Government advice regarding this states:

Tenants are still liable for their rent and should pay this as usual. If they face financial hardship and struggle to pay this, support is available. In the first instance they should speak to their landlord if they think they will have difficulty meeting a rental payment, and in this unique context we would encourage tenants and landlords to work together to put in place a rent payment scheme.

Measures are being actioned to ease this situation and help both landlords and tenants:

The government are working with the Master of Rolls to strengthen the pre-action protocol requirement and also extend this to the private rented sector. This will help landlords and tenants to agree reasonable repayment plans where rent arrears may have arisen.
The government have already made £500 million available to fund households experiencing financial hardship.
As part of the employee’ support package, the Chancellor announced the government will pay up to 80% of an employee’s wages, up to a total of £2,500 per month, where employees are placed on the Coronavirus Job Retention Scheme.
Both Universal Credit and Housing Benefit will increase from April and Local Housing Allowance rates will pay for at least 30% of market rents in each area.

What support is there for landlords?

Landlords will be protected by a 3 month mortgage payment holiday where they have a Buy to Let mortgages.

Landlords remain legally obligated to ensure properties meet the required standard – urgent, essential health and safety repairs should be made.

An agreement for non-urgent repairs to be done later should be made between tenants and landlords. Local authorities are also encouraged to take a pragmatic, risk-based approach to enforcement.

This is not forever:

This is an administrative decision by the senior judiciary. It is a suspension, for a limited period of time. Everything will restart as normal when the suspension is lifted.

It does not cover everyone:

It does not cover those whose occupation is excluded from statutory protection or the Protection from Eviction Act. This means lodgers, homeless applicants housed under licence under the Housing Act 1996, and some people where accommodation is part of their employment (best to check with your employer regarding this).

Have questions? Contact us!

We have a dedicated team of legal specialists ready to advise and guide you through any property issues or questions you have.

Call on 020 7928 0276, or email into info@lisaslaw.co.uk.

lisaslaw@web

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