News
13th Annual Conference of the Private Client Section of the Law Society
 Jan Atkinson was one of the organisers of the 13th Annual Conference of the newly named Private Client Section of the Law Society, formerly the Probate Section, held at the Victoria Park Plaza Hotel in London. The event, sponsored this year by Certainty and Kin, was a huge success with more than 240 delegates attending, the highest number for many years.
As always, the standard of the speakers was very high with Chris Whitehouse and Lesley King delivering main hall lectures of the highest quality. The keynote speaker was Senior District Judge Waller who spoke to the conference on the forthcoming changes to the Non Contentious Probate Rules.
Another Brick in the Party Wall
 It is a made up fact that Roger Waters wrote Pink Floyd’s infamous hit following a particularly messy dispute with his neighbour over the construction of a conservatory. Also by way of local connection and colour the children’s choir that featured on the record was from the now defunct Islington Green School, the fact they were not paid royalties for their performance gave rise to another dispute that is irrelevant for these purposes.
Where any work is being carried out to a “Party Wall” you will need to ensure that the provisions of the Party Wall etc Act 1996 are complied with if you want to avoid expensive and time consuming disputes such as that involving Roger Waters and his neighbour. [more]
Emergency Budget – Increase in CGT for higher rate tax payers
 Paven Basuita, a solicitor in Osbornes’ family department details the effect of the recent changes to Capital Gains Tax announces in the emergency budget.
The recent emergency budget announces some significant changes to Capital Gains Tax (CGT) which will affect those disposing of assets realising a chargeable gain.
Prior to the recent budget, CGT was a flat rate of 18% on the chargeable gain realised. As of 23 June 2010, this has now changed, with the government introducing different rates depending on individual circumstances. The most significant change is for higher rate taxpayers who will now have pay CGT at 28% on their chargeable gains. The annual exemption remains the same at £10,100 for the current year.
For basic rate taxpayers, they will only pay the 28% tax rate if their total taxable income plus the gains they make (after allowable deductions) exceeds the basic rate income tax band. In these circumstances they will pay 28% tax on the part of the gain which exceeds the basic rate threshold and 18% tax on the part of the gain below that threshold.
A small concession was made to entrepreneurs by increasing the lifetime allowance for Entrepreneurs’ Relief from £2 million to £5 million from 23 June 2010.
Other significant changes detailed by the Chancellor in the emergency budget include:-
- VAT will increase from 17.5% to 20%, although this change has been delayed until 4 January 2011.
- The personal allowance for the purposes of income tax will be increased to £7,475 from April 2011, although there is a corresponding reduction in the basic rate limitation, thus this change affects only those on low incomes.
- There will be a reduction in eligibility for tax credits for those families with income of over £40,000 per annum from April 2011.
- Child benefit is to be frozen for three years from 2011-12.
- The main rate for corporation tax is to be reduced by 1% per annum until 2014 whilst the rate for smaller companies is to reduce to 20% in April 2011.
Osbornes conquer the Yorkshire Three Peaks!
 After weeks of trepidation and almost as much preparation, 19 Osbornes’ lawyers headed up to Yorkshire in June to face the gruelling Yorkshire Three Peaks Challenge in support of FSID and in memory of Lula Mae Osborne.
http://www.justgiving.com/OsbornesChallenge
The first peak we faced was Whernside which, whilst the highest, was at least the most gentle. Once this was successfully negotiated the challenge of the toughest mountain, Ingleborough was met. In the blaze of the midday sun we manfully reached the top after a tough climb and scramble, spurred on by the promise that we were allowed to eat lunch when we got to the top. There were amazing views of the Yorkshire Dales to be enjoyed, including all three peaks and the stunning Ribblehead Viaduct. It also brought home how far away the next peak was. After a tricky descent began the long march to the last peak. Although relatively flat, by now everyone was feeling the effects of the hike. The final peak, Pen-y-Ghent, although apparently less steep was tough for being the last one. Somehow we made it to the top where we celebrated having completed the challenge, only to discover that it was a seven mile walk home. Blisters, sunburn, sore knees and aching feet were among the complaints. Fortunately, morale remained high among the group and we managed to pull through aided thoughts of the hot meal and pint to be enjoyed at the end and despite some random poetry renditions and singing.
Well done to everyone who took part and thanks to everyone who donated so generously - we have raised over £5500 for FSID so far. Thanks are also due to Paven Basuita and Will Ford for their sterling efforts in organising the challenge. Watch this space for next years challenge.
If you would like to make a donation the link is http://www.justgiving.com/OsbornesChallenge
Katie Smith appointed to the London Young Resolution Committee
 Katie Smith has been appointed as a member of the London Young Resolution Committee.
Young Resolution is an organisation for young family lawyers and non partners. The committee organises and provides for a series of training seminars every year which meet the needs of the members. Resolutions’ 5500 members are family lawyers committed to the constructive resolution of family disputes. Members follow a Code of Practice that promotes a non-confrontational approach to family problems & encourage solutions that consider the needs of the whole family - and in particular the best interests of children.
Psychiatric Injury in Children after road traffic accidents
 All road users know what a dangerous place the road is and children are particularly vulnerable. According to the Transport Statistics of Great Britain 2008, in 2007 a horrifying 56,000+ children and teenagers were killed or injured in road traffic accidents. Some of these children will have sustained psychological as well as physical injury. There are a number of possible psychological reactions, among them normal stress response and then recovery, depression, anxiety and also post traumatic stress disorder. [more]
A Kernotty problem – The Court of Appeal provides further clarification on interests in property
 Andrew Watson, an associate in Osbornes family department and Resolution accredited specialist in cohabitation, summarises the law in relation to joint owners’ interests in property and comments on the recent Court of Appeal decision of Kernott v Jones.
The Court of Appeal has handed down a detailed judgement in the case of Kernott v Jones that has gone some way to clarifying how the Court’s should deal with property disputes between non married owners of property. This article summarises the complexities of the law and what needs to be shown to demonstrate an interest in a property before considering what changes Kernott v Jones brings and what needs to be done for further clarity. [more]
London Legal Walk 2010
 The Housing team at Osbornes turned out for the London Legal Walk on 17 May 2010 and enjoyed a stroll around the finer parts of the city in glorious sunshine. This was the third year running that the Housing Team have participated in this fun and worthwhile event and the number of walkers continued its upward trend this year to a total of over 4,500 people, including the Attorney General, the Lord Chief Justice and the Master of the Rolls.
The event is in support of The London Legal Support Trust, which supports London’s Law Centres and other organisations that assist the most needy and vulnerable members of our community in obtaining legal advice. Charitable events such as this annual walk provide vital funds to keep the Law Centres of London open. The Law Centres do excellent work for disadvantaged clients who experience problems that solicitors do not generally deal with.
Thank you again to everyone who so kindly sponsored us, including the Partners of Osbornes, who gave a generous donation.
Home Information Packs (HIP)
 The requirement for a HIP has been suspended, but an EPC is still required.
The new coalition government announced on 20 May 2010 that the requirement to have a HIP was suspended with effect from midnight on 20 May.
The obligation to have an Energy Performance Certificate (EPC) is a requirement of EU law and so will remain but it will only be necessary to have commissioned an energy performance certificate to be prepared before marketing a property rather than actually be in possession of one. An EPC certificate provides 'A' to 'G' ratings for the building, with 'A' being the most energy efficient and 'G' being the least, with the average up to now being 'D'. They give information about insulation, boilers and the nature of the lightbulbs. They come with a report which suggests improvements to make a building more energy efficient.
The obligations have been suspended under S162 of the Housing Act 2004 but primary legislation is pending. Full abolition of HIPs will require repeal of Part 5 of the Housing Act 2004.
Claims Process and Jackson
 APIL Focus magazine March 2010
Where are we, exactly, with fixed fees now that the RTA claims process reforms are imminent and the Jackson report has been published? asks Stuart Kightley, Solicitor at Osbornes Solicitors, London.
The process of PI costs and funding reform has wound a circuitous route towards a regime of comprehensive fixed fees, always keeping the spectre of the small claims limit in view but at bay. Applying the age old adages that you need to be in it to win it and least worst is best the claimant lobby has largely engaged throughout this journey. This article looks at where we are now with fixed fees under the government’s imminent RTA claims process reforms and the Jackson recommendations. [more]
Wills and Trusts for Parents and Carers of Children with Special Needs
 Assuming that you are all going to make a Will, there are a number of important issues to consider if you have a child with special needs. Perhaps the most obvious point to make is that any part of your estate earmarked for that child should not be left to the child outright. There are a number of practical reasons for this and some of those reasons are:- [more]
Lasting Power of Attorney – delays in registration
 The Office of the Public Guardian (OPG) has announced that due to an unprecedented increase in applications to register Lasting Powers of Attorney (LPAs), the registration period has temporarily increased from 5 to 14 weeks. In response to this increase, the OPG has hired additional staff and introduced an evening shift to try and reduce the backlog.
Despite these delays, it is still recommended that you register your LPA as soon as possible so that it is ready to be used when your Attorney needs it. Even if you do not want it to be used until you no longer have the capacity to deal with your affairs, it is possible to register it with a restriction clause to this effect.
Protecting the Vulnerable
Lack of ‘capacity’ is a technical term used when someone is basically unable to look after their own affairs for any reason. Those of us with capacity to look after our own affairs have the opportunity of anticipating our possible loss of capacity to do so in the future by making a Lasting Power of Attorney (LPA). Those without capacity cannot do this and fall under the protection of the Court of Protection whose role is to administer the affairs of persons without capacity. [more]
The Big (PI) Issue
New Law Journal April 2010
If a 584-page report can be distilled into one basic question it is this: who should meet the cost of funding personal injury litigation?
Sir Rupert answers his own question emphatically: defendants should no longer meet the cost of these additional liabilities, and the Back to the Future solution is for the burden to fall onto the individual claimant. [more]
Lisa Pepper in Cosmopolitan Magazine
 Lisa Pepper is quoted extensively in the June 2010 edition of Cosmopolitan magazine, in an article entitled ‘The smart girl’s guide to moving in with a man’. Lisa says that cohabiting couples are still unclear about their rights and if they separate, it can be an expensive and lengthy process trying to agree ownership of a property. Equally, if couples don’t set out an agreement and obtain legal advice at the outset, they can be left without a home and no legal redress. “A common misconception is that there is such thing as a commonlaw wife” says Lisa. Whenever possible, we need to get the message out there that there is no such thing, and people need to obtain legal advice and ensure they are protected before they rearrange their personal and financial lives by moving in with someone.”
Party for the great and good
 To celebrate Osbornes' growing reputation as a private client and matrimonial law firm, the firm threw a party for the great and good of the legal world at Home House private members' club in London’s fashionable Portman Square.
Attendees included High Court Judges, Silks and many members of the bar as well as solicitors from across the country. A great time was had by all and Osbornes is confident of building on its reputation for providing quality legal advice to private clients. [more]
You, P.I. – Self-Help Disclosure in Financial Proceedings
 One of the first things we explain to clients who are getting divorced is that, when it comes to financial matters, there is a duty on both spouses to provide each other with a full, detailed picture of their financial situation. If the matter comes to court and it appears that one party has tried to hide the full extent of their assets the court can infer the existence of the additional assets and make cost penalties against the dishonest party. [more]
Lawyers Scale Yorkshire’s Highest Peaks for Cot Death Charity
 A group of 19 lawyers from Osbornes solicitors in Camden are embarking on a gruelling challenge on 5 June 2010 in aid of the cot death charity, The Foundation for the Study of Infant Deaths (FSID).
Participants from across the firm will be swapping the comforts of the office for the wild landscape of the Yorkshire Dales. The challenge involves scaling the three highest peaks in Yorkshire, Pen-Y-Ghent, Whernside and Ingleborough on a route which is almost 25 miles in length and involves climbing 4000 feet… and it has to be completed in 12 hours. [more]
Stamp Duty Land Tax – Budget 2010
Two changes to Stamp Duty Land Tax (SDLT) were announced in the 2010 budget. These are:
• A two year holiday period from SDLT for first time property buyers; and
• A new rate of SDLT for expensive properties
The following must apply for first time buyers to qualify:
- an individual or individuals jointly purchase a major interest in land which is wholly residential, and
- the consideration is more than £125,000 but not more than £250,000, and
- that individual (or all of them) intends to occupy the property as his/her or their only or main residence and
- has or have not previously purchased such an interest or its equivalent anywhere in the world and
- the effective date of the transaction is on or after 25 March 2010 and before 25 March 2012.
At present the highest SDLT rate of 4% applies to purchases where the consideration exceeds £500,000.
A new SDLT rate of 5% will be intoduced for residential property transactions where the consideration exceeds £1 million. This new higher rate will not be introduced until April 2011 and will only apply to residential purchases where the effective date (normally the date of completion) is on or after 6 April 2011.
Comedians Dawn French and Lenny Henry split – Lisa Pepper comments
Dawn French and Lenny Henry have announced their separation in the media. There is no reason why they shouldn’t be able to reach an amicable settlement without needing to resort to Court proceedings. They are both independently wealthy and there should be sufficient capital to enable a ‘clean break’ with each of them having adequate housing provision and allowing for their daughter Billie aged 18 to have a room at both their homes. Given that they are in their 50s and have both have had a good income, they should both have healthy pension funds and should not need a pension sharing or pension earmarking order from the Court. Similarly, neither of them would be looking to claim spousal maintenance. If matters cannot be agreed, the couple should consider whether collaborative law or mediation would assist them in reaching an amicable settlement rather than resort to Court proceedings, which are costly, stressful and lengthy. As they need to try to continue to have a relationship of some sort given that they have a daughter together, it would be sensible for them to explore ways to reach an agreement and still be speaking to each other at the outcome. [more]
Russian adoptions
 Adopting a baby from Russia can give a chance of a family to a child who would otherwise spend their childhood in an orphanage and for a childless British family a much wanted baby.
Naomi Angell, who heads Osbornes family adoption team, has recently returned from Moscow and St Petersburg where she was on a fact finding visit on Russian adoption.
Of the 225 intercountry adoptions by families from England recorded in 2008, 59 of these were from Russia. Currently, Russia is the main foreign country from which British families are adopting. [more]
Dog Bites and Compulsory Insurance
 Being bitten by a dog is a painful and unpleasant experience. However, receiving a dog bite does not necessarily mean that you are entitled to compensation. The claim will only have a reasonable prospect of success if the dog in question has aggressive tendencies.
Many households have cover for their dogs under either a pet insurance policy or their household insurance. The first step we will take therefore is to establish whether the dog owner has the necessary insurance to cover the claim. If they do not the injured party is left in the precarious position of having to sue someone without insurance, with no guarantee that if successful, the dog owner will have the means to satisfy the judgment against them.
The government recently announced plans by which all dogs in the United Kingdom would have to be insured. The compulsory pet insurance coverage would be designed to pay compensation in the event that the dog attacked a person. The proposals were welcomed by many but objectors pointed to the fact that insurers might not want to insure certain breeds of dogs due to the risk of having to pay out on a claim and there was no explanation of what would happen if the rules were brought in but someone was then attacked by an uninsured dog. Critics also claimed that the measures would hit law-abiding owners whose dogs did not cause any damage. Ministers therefore subsequently dropped plans for compulsory insurance.
If you have suffered a dog bite call us now for free on 0800 328 1962 for friendly advice on how to pursue a claim or click here to for futher information.
Lisa Pepper elected to the Resolution National Committee
The Partners at Osbornes are pleased to announce that Lisa Pepper has been elected to the Resolution National Executive Committee. Lisa was elected by members of Resolution, the organisation's 5500 members are family lawyers committed to the constructive resolution of family disputes. Members follow a Code of Practice that promotes a non-confrontational approach to family problems & encourage solutions that consider the needs of the whole family - and in particular the best interests of children.
Lisa specialises in all aspects of family law, in particular financial cases on divorce, disputes concerning children and the unmarried family. She is a qualified collaborative lawyer.
Lisa is also a member of the Resolution Skills Committee & has been elected onto the Resolution London Region Committee.
Naomi Angell Speaks at the Launch by the Legatum Institute of the EACH Campaign
The EACH campaign is a worldwide campaign to ensure that every child who has been orphaned, abandoned or otherwise separated from their parents grows up in a safe and loving family. The launch was an international event at the Foundling Museum in London WC1, including speakers from the US, Rwanda, El Salvador, Honduras and the UK. It was organised by the Legatum Institute, an independent non partisan organisation that researches and advocates for greater respect for human dignity, and especially for the most vulnerable, including, of course , children.
Naomi spoke of issues in child protection, domestic and intercountry adoption in this country, which risked delaying or obstructing the speedy placement of a child with a permanent or alternative family if their biological parents are unable to care for them.
Click here for Naomi's presentation at the launch.
Getting Your House in Order
 Helen Bogie of Osbornes discusses Houses in Multiple Occupation
The image of numerous families and households living within one property is one which is more readily associated with the slum areas of Victorian London. However, this type of accommodation is a reality in modern day London and is evidenced by the fact that the government took steps to regulate ‘Houses in Multiple Occupation’ (HMO) in the Housing Act 2004. [more]
Tenancy Deposit Schemes
 William Ford of the Property Litigation Department recently represented a tenant client in connection with his landlord’s failure to protect the deposit, an area of law which is leading to much judicial debate. The case has been reported in Legal Action – February 2010. The landlord’s have applied for permission to appeal this decision however permission has not yet been granted. [more]
Mark Freedman – Live on Sky News
 Family Department Partner Mark Freedman appeared live on Sky News on 24 February 2010 and was asked for his views in relation to the separation of Cheryl Cole and Ashley Cole.
Mark’s view was that “The parties are independently wealthy and have their own careers, so from a lawyer's point of view it might not be that complicated”.
His view was based on years of matrimonial law experience and takes into account the factors that a Court would consider if it were asked to divide the finances. In particular the parties independently earned wealth and their significant future earning capacities, as well as the marriage being relatively short and there being no children would be significant factors in support of Mark’s view.
All of our family solicitors are able to advise on the financial consequences of separation, regardless of whether or not your finances are similar to pop stars and premiership footballers.
Enforcement of Children Act Orders
Katie Smith, a solicitor in Osbornes’ family department, discusses the recent changes to the law in relation to enforcing Children Act orders made by the Court.
A relationship breakdown is one of the most stressful times in adult life. Aside from dealing with the emotional affects of this, couples with children have to deal with the practicalities of how this will affect their children and make decisions and arrangements for the future. If parents find they are unable to agree contact arrangements they are encouraged to discuss matters in a conciliatory manner with a view to reaching an agreement that is in the best interests of the child. Of course, this is not always realistic as parents often feel unable to communicate with each other and emotions are high. For many parents, help is required. If this is the case parents are encouraged to attend family mediation so the issues can be discussed with a family mediator to see if a satisfactory agreement can be reached without the need for the court’s intervention. However, sadly, mediation does not work for everyone and sometimes parents find they have no option but to apply to the court for an order. [more]
Assured Shorthold Tenancies as easy as pie?
 SHILPA MATHURADAS OF OSBORNES LOOKS AT THE COMMONLY ENCOUNTERED PROBLEMS
In the current economic climate it may be tempting for landlords to attempt to save a few pounds by using off the shelf tenancy agreements and notices when letting and obtaining possession of a property. However given the understandably strict interpretation of the law employed by the courts in possession proceedings this may prove to be a false economy. [more]
Lasting Powers of Attorney – new forms
The Mental Capacity Act 2005, which came into force in October 2007, signalled the end of the Enduring Power of Attorney (EPA) and introduced the new Lasting Power of Attorney (LPA) in its place.
One of the main differences between an LPA and an EPA relates to registration. An EPA need only be registered once the Donor (the person creating the LPA) is losing capacity, whereas an LPA must be registered immediately for it to be valid. Additionally, a second type of LPA was introduced to cover matters of Personal Welfare. [more]
Lisa Pepper made a partner
The partners at Osbornes are delighted to announce that from 1 January 2010 Lisa Pepper joined the partnership. Lisa specialises in all aspects of family law, in particular complex financial cases on divorce, disputes concerning children and the unmarried family and prenuptial/postnuptial agreements. Lisa is also a qualified Collaborative Lawyer. She was previously at Hughes Fowler Carruthers and Mishcon de Reya before joining Osbornes in 2006.
Lisa is currently chair of London Young Resolution, and a member of the Resolution London Region Committee and the Resolution National Skills Committee. She also works closely on projects with the London College of Law, including promoting their mentors scheme.
Osbornes reappointed as intervention agents by the Solicitors Regulation Authority
Osbornes is one of only 24 firms recently reappointed to the Solicitors Regulation Authority’s Panel of Intervention Agents.
The Solicitors Regulation Authority is an independent body that regulates more than 100,000 solicitors in England and Wales, as well as registered European lawyers and registered foreign lawyers.
Intervention agents intervene in solicitors’ practices where there is a serious risk to their clients. Agents are appointed to act on behalf of the SRA. They remove client papers and distribute them in accordance with clients' instructions. They also identify and deal with urgent matters and attempt to distribute the client account monies, where it is possible to do so.
The Intervention Team is headed by Guy Osborn and carries out interventions in and around the London Area on behalf of the SRA. If you previously instructed a firm which has been intervened into and you believe that they were holding either papers or money on your behalf please contact Ciru Longden at cirulongden@osbornes.net who will be able to advise you further.
Toddler wins compensation from CICA for attack by three year old
A Tribunal ruled today that a 3 year old boy should be awarded compensation by the Criminal Injures Compensation Authority (CICA) for injuries sustained after another three year old hit him with a car jack. The toddler suffered serious injuries when he was hit 11 times on the head and face whilst the boys were left alone in a family car.
The CICA scheme awards compensation to the victims of violent crimes. The age of criminal responsibility is 10 years old in England, and the CICA had rejected the toddler’s claim twice on the grounds that the three year old attacker could not be the perpetrator of a ‘crime of violence’. However the victim’s solicitors successfully argued that this was a deliberate act of violence, and the age of the attacker was irrelevant when determining whether the victim was eligible for compensation.
Jan Atkinson appointed as a member of ACTAPS
In 2009, Jan Atkinson was appointed a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and is now a Registered Contentious Trust and Probate Specialist. She has been a member of STEP, the Society of Trust and Estate Practitioners, for some years and therefore now has formal accreditation in the areas of contentious trusts and probate as well as non contentious trust and estate work.
Contentious trusts and probate work relates to disputes as to the validity of wills and the interpretation of the wills themselves.
ACTAPS aim is to provide a forum for specialists to exchange experience, know-how and an appreciation of the law and statutes in this specialist area and, where possible, to enable representations to be made to the appropriate governmental and judicial bodies in relation to contentious trust and probate issues.
Should you have any queries regarding either contentious or non contentious probate and trust work you can email Jan at janatkinson@osbornes.net
Chambers recognises Stuart Kightley for his Claimant Personal Injury practice
Chambers and Partners, one of the leading independent legal guides worldwide, has recognised Osbornes’ Partner Stuart Kightley as a leading lawyer in the field of claimant PI work.
Osbornes Senior Partner Wendy Wright said “I am delighted that the outstanding service Stuart and the PI team give to clients in Camden and beyond is acknowledged by industry observers.”
Chambers recognises Osbornes’ Family Department
Chambers and Partners, one of the leading guides to the legal profession worldwide, has yet again recognised Osbornes as one of the leaders in the field of family law.
Mark Freedman is particularly recommended for his high net worth ancillary relief work, particularly where there is a complex international flavour.
There are only seven lawyers in the whole of London recommended for cross border children work and two of them work at Osbornes. Both Naomi Angell and Simone McGrath are recommended in this category.
Osbornes is delighted that its family department is recognised both by clients and professionals alike.
Accidents do happen…
 But do I have a claim???
Some of us are not used to the idea of being able to make a claim for compensation if we are unlucky enough to have an accident and get hurt, particularly if the accident happens at work. However under the law if an accident happens, particularly at work, there is a good chance of you being able to make a claim. [more]
Urazy sa stavaju... Aj mne sa jeden stal. Mam pravo na odskodne?
Tenancy Deposits
Are you a tenant who has entered into an assured shorthold tenancy agreement after the 6th of April 2007? If so, your Landlord is required by law to protect any deposit you are required to pay by paying the same into a tenancy deposit scheme. The tenancy deposit scheme must be what is referred to as an “authorised scheme”, which effectively means a scheme approved by the government. [more]
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