While our job is first and foremost to promote or defend their client’s interest, I was always aware that this does not necessarily mean opposing your opponent at every turn. The best result will often be negotiated rather than “won”. That said, it was still a bit of a surprise to see the level of co-operation and collaboration involved in a day at the Principle Registry of the Family Division.

The biggest difficulty in a contested childcare case will arise when the parents are looking for a solution that suits them rather than a solution that is for the benefit of the child. This can mean that they oppose solutions that would be a helpful resolution, or fail to abide orders of the court. When this happens, the role of the lawyer is to help the parties to see that they need to compromise as much as to fight for their client. If the lawyer sticks to his guns too firmly, the Court may impose a compromise that they think is fair, which may not be the compromise that your client wants. By convincing your opponent, and where appropriate your client, of the need for compromise, you can make sure you get the compromise you want.

Sometimes, though, this compromise is not possible. To put it into the words of the Family Procedure Rules, there is an “intractable dispute over residence or contact… or where there is irrational but implacable hostility to contact or where the child may be suffering harm associate with the contact dispute”. That wording comes from the Practice Direction giving guidance on when the Court will appoint a guardian to represent the wishes of a child. One way of tackling these intractable disputes is by having the child’s wishes represented separately in Court by a guardian, but that means facing up to another reality of the Court: Money.

In deciding what the best course of action is, the court has to have an eye not only for resolution of the case, but for the budget of the local CAFCASS. The judge does not just want to assign services willy-nilly and so will take some persuading that they are necessary. It was surprising to see how openly the court will talk about having to weigh the welfare of the child against budgetary considerations. You would think that the need to have the child represented in court would outweigh making ends meet, but for justice to be workable it has to be affordable. I also expected that such considerations would be done by council accountants far away from the courtroom, but if the judge makes an order, it has to happen, so the judge has to make sure that order is workable.

By Daniel Flynn
Paralegal
GARNER & HANCOCK LLP
May 2013

The River Room at the House of Lords.

By invitation, staff of Garner & Hancock attended a reception attended by Her Royal Highness Princess Katrina of Yugoslavia, with the keynote speaker His Holiness Radhanath Swami at the River room of the House of Lords on Wednesday 17th April 2013.

“No Nups” – Advice on Wealth Protection

The concept of No Nups has been around for many years.  We at Garner & Hancock have been advising our clients on this form of proactive protective measure for many years. The name stems from Pre and post nuptial agreements used in contemplation of marriage.  But now so many couples enter into financial arrangements without any formality.

The notion of pre planning financial arrangements is something which most people are well aware in the form of Wills. So,if death needs planning why can’t we make sensible arrangements upon cohabitation, co-ownership of property or even marriage?  Most of us cannot contemplate the notion of brining up this subject.  Failing to at least think about “the exit” plan costs couples dearly.

Wealth Protection Service at Garner & Hancock 

Whether you wish to protect your business, your buy to let properties or your home we have strategies and cost effective ways to this.

Trust Deeds

We will advise on how to set up Trust Deeds to protect your interest in homes from third party claims. This can also protect assets on death and give more certainly to you that your wealth will be protected from taxes and family squabbling.  We have an experienced Private Client Tax solicitor who can give specialist advice if needed. Click here for more information.

Declarations of Trust

When you buy a property we can advise you on how you can set up trusts to help ring fence your interest.

Post nuptial and pre nuptial agreements.

Our expertise is protecting wealth not only extends to relationship breakdowns but also pre marital assets. Click here for more information.

Separation Agreements

Thought needs to go into financial arrangements prior to any formal separation, Such agreements can assist greatly to take the sting out any future divorce. Click here for more information.

Cohabitation Agreements.

These are getting very popular and as couples who are not married do not feel fully protected these agreements are a useful re-balance to statutory protected marital rights. Click here for more information. Click here for more information.

Tax Planning

Mr Hancock is a member of STEPS and is an expert on Tax Planning for Trusts and Inheritance.

 Get in Touch by calling our Wealth Protection Team

Mr Vinay Tanna and Mrs Brenda Zoller and Mr Richard Hancock,

Read our articles on Wealth Protection

• Cohabitation – Legal issues on living together
• Divorce – Your questions answered
• Post Nuptial Agreement
• Declaration of Separation
• Pre-nuptial agreements

“ Daniel Flynn joined Garner & Hancock as a litigation paralegal in January 2013 having completed his Bar exams in 2012. He has a particular interest in all types of dispute resolution and Court advocacy.

Outside of work Daniel is a keen mountaineer and test cricket fan, enjoying extremes of either activity or inactivity.”

The Mayor of Hounslow at the offices of Garner & Hancock LLP

Councillor Pritam Grewal and the Lady Mayor visited the offices of Garner & Hancock at the annual Christmas reception and drinks.  The Mayor was presented with the book “Isleworth Remembered” by one of the Partners.  Nearly 100 clients and friends of the firm attended the function.

The reception was then followed by traditional carol singing on the Square outside the offices with the Salvation Army band.

This event was organised by the Isleworth Society.

Gloriana passed our offices on 27th July 2012 carrying the Olympic Flame

There are three grounds for possession of property based on ‘rent’ [1]. The first ground is discretionary and involves the Tenant missing a payment on the date on which proceedings for possession are begun. The second is also discretionary with possession of property being handed over if the Tenant persistently misses their rent payments (regardless of whether in arrears when proceedings begin).

How much do the arrears have to be to take possession?

If rent is payable weekly or fortnightly and at least 8 weeks rent is unpaid by the Tenant, then the Landlord can issue a possession order under the third and final mandatory ground s8. Furthermore, if a Tenant pays their rent monthly and falls behind by two months, as well as if they pay their rent quarterly or yearly and fall behind by three months, then a possession order can also be claimed under mandatory grounds.

How can the Tenant avoid possession proceedings?

It is important to note that Judges are not very receptive to the idea evicting Tenants. In this way if a Tenant makes a rent payment so as to fall below the 8 week minimum then they can postpone action for as long as it deems fit.

How do we do this?

We will first evaluate where we can achieve the best possible bargaining lever to increase the package. We will then approach your employer and use our expertise to start the negotiations and achieve a better result for you.

But at the minute my employer will not negotiate

Introducing a legal position may help in easing the deadlock. It can open up any thorny issue by looking at them from a different perspective. This can also provide a reality check for the employers and engage them seriously in the process, mindful that the employee can always refuse to sign the agreement and take the matter to a tribunal.

Get in touch to find out more