Charmaine Watkins (Student) 

For a Will to be valid there are three main requirements, as set out in the Wills Act 1937, these are: 

• It must be in writing
• Signed by the testator, who is over 18
• Witnessed by two witnesses, who are over 18, in the presence of the testator

Creating a will is important for protecting your assets including property, money and sentimental objects. A will is a legal document that ensures your wishes are fulfilled.  

However, Covid changed this. In September 2020 a statutory instrument was introduced to allow for wills to be witnessed virtually. This allows the will to be sent to the various parties and witnessed using a virtual platform such as Zoom or Microsoft Teams. This allows for wills to be executed even during lockdown. 

However, according to the government guidance on video-witnessed wills,virtual witnessing should be the last resort and people should attempt to arrange for physical witnessing of wills where it is safe to do so. 

A spokesman from the ministry of justice has stated; ‘We know the pandemic has made it more difficult to make a will. That’s why we are changing the law to ensure video-witnessed wills are legally recognised. These changes will give peace of mind to many that their last wishes can still be recorded while maintaining all the existing safeguards against fraud or disputes.’ 

Simon Davis the Law society president has welcomed this decision however has said that solicitors will need the correct training to ensure this is done correctly. And that in the long term, wider reforms for the wills Act will be needed to bring it into the 21^st century.  

There has however, been more recent criticism with this reform, probate specialists have called it ‘pretty unattractive’ as the remote system can cause delays because the will has to be physically signed by three people, the testator and the two witnesses, who can be all over the country, who will need the will to be posted to each member to be signed which will cause a delay between each signature.  

She also added that there are issues with ensuring the testator has capacity and is not acting under undue influence as well as making sure the client is correctly identified.  

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on probate matters (although we do not draft wills). If you wish to book an appointment call us on 01782 294 800 or alternately email us at SULAC@staffs.ac.uk 

Harry Gabell (Student)

A Lasting power of attorney (LPA)  is something which you can (and perhaps ought to) have set up before your health deteriorates An LPA is a legal document whereby a trusted friend or family member is given the powers to make some decisions on your behalf, if you no longer have the mental capacity to make these decisions by yourself. Generally speaking, LPA’s are usually considered by the elderly, but the option is available to anybody over the age of 18.

What does an LPA do exactly?

The LPA formalises a relationship between a ‘donor’, who creates the power, and the ‘attorney’, who may use the power if the donor loses mental capacity. To have capacity, a person must be able to understand the information they need to make a decision, evaluate it, and then communicate their intentions. So, while you still have mental capacity, you can appoint somebody to make decisions on your behalf in two areas, should you ever lose it. These are:

• Health and welfare
• Property and finance

Your attorney can cover just one of these areas, or both, but they must be arranged using different forms. Also, by creating these arrangements, it does not mean that the donor is giving up any control. The powers should only be used at the point of the loss of mental capacity.

Health and welfare power of attorneys concern medical treatment and other interactions with healthcare staff. Health and welfare powers could also cover more serious medical decisions, but these kinds of decisions could already be made by the donor in advance using a ‘living will’.

Property and finance powers cover money, tax, bills, accounts, property, pensions and benefits, among other things. They could also deal with situations where there is a need to pay for equipment or supplies, for example a wheelchair, or new clothes. Wherever possible, the donor’s property and finance should be kept separate from the attorney’s, although some couples using shared bank accounts won’t be able to do this. Unlike health and welfare powers, property and finance powers may be used before the loss of mental capacity.

What does an LPA cost?

In England and Wales, setting up an LPA carries a cost of £82 (for both health and welfare and property and finance, that would be £164). This is the fee for the compulsory registration of the power of attorney. If you instruct solicitors to help you get the power there will be further fees..

Arranging an LPA comes strongly recommended from both a financial and a personal protection standpoint. Staffordshire University Legal Advice Clinic (SULAC) offers free legal advice and can advise on matters of lasting powers of attorney arrangements (although we do not draft the applications). SULAC is offering appointments online, through Microsoft Teams due to COVID – 19. For additional information, or to book an appointment please call on 01782 294800 or email at SULAC@staffs.ac.uk

Emma Peake (Student)

The law on divorce us due to undergo a radical change. The changes are likely to come in effect in the Autumn of 2021 or early 2022.

Under the current law you must prove that your marriage has broken down irretrievably. You show this you must prove one of the five grounds: 

• Adultery
• Unreasonable behaviour. This can include:
  • Physical violence,
  • Verbal abuse- such as insults and/or threats,
  • Drunkenness and/or drug-taking,  
  • Refusing to pay towards shared living expenses. 
• Desertion- your husband or wife has left you for at least two years since separation 
• You have been separated for at least two years and the opposite spouse agrees to the divorce, or
• You have been separated for five years; the opposite spouse does not need to agree to the divorce.

The  majority of applications rely upon adultery or unreasonable behaviour. The very process of listing allegations can often aggravate the other party and can sometimes mean that negotiations in respect of children and the finances can become very acrimonious.

So what is changing? 

The changes involve the introduction of the concept of “no-fault divorce”. The new procedure will no longer require blame to be put on the other party. The main benefit of this change is to reduce blame and acrimony and allow parties to deal with finances and children in a more constructive manner. 

Lord Chancellor Robert Buckland said, “The bill reform will not come into force upon Royal Ascent because time needs to be followed for careful implementation.” This means that once the bill has been accepted as new law, the law will not be enforced immediately on that date until it is fully satisfied that is has been interpreted correctly.  

What triggered the need for change?  

Practitioners have been suggesting that this would be beneficial for some time. The issue was highlighted in the case of Owens V Owens Their marriage had completely broken down, but none of the grounds for divorce could be fully satisfied, they just simply “fell out of love”.  Mr Owens was able to successfully contest the divorce. The case then went to the Court of Appeal, who agreed with the decision but highlighted the difficulties arising from this case.

What are the changes? 

The new legislation will: 

• Replace the five facts with a new requirement to provide a statement of irretrievable breakdown, 
• Remove the possibility of contesting the divorce,
• Introduce an option for a joint application, and
• Make sure that language is in plain English, for example changing “decree absolute” to final order and “decree nisi” to conditional order. The “petitioner” of the divorce will become the applicant. 

This has been the biggest shake-up for divorce law in fifty years.  The no-blame divorce is more administrative than a court procedure. Baroness Hales said that being able to say that the marriage has simply failed, without holding the other party accountable, could ease some stress. The process will be easier.  

Staffordshire University Legal Advice Clinic (SULAC) provides free legal advice on all family related matters. We are working remotely during the pandemic and interviews are conducted via Microsoft Teams. If you would like to make an appointment, please contact us on01782 294800 or email us onSULAC@staffs.ac.uk 

Charmaine Watkins (Student)

In October 2020, the Government released a statement proposing that the Human Rights Act would be reviewed and reformed, if necessary. Sir Peter Gross, a retired Court of Appeal judge along with eight other senior lawyers and academics have been announced as being the panel who will be reviewing the current Human Rights Act.  

What is the Human Rights Act? 

The Human Rights Act sets out the fundamental rights and freedoms that everyone in the UK is entitled to. It includes the rights set out in the European Convention of Human Rights and embodies that into domestic UK law. This came into force in 2000. The Act has three main effects: to seek justice in UK courts, for public bodies to respect the rights and for new laws to be compatible with the convention of rights.  

The Lord Chancellor, Robert Bucknall has recently said that is time ‘to take a fresh look at the Human Rights Act, to see how its provisions are operating and consider whether the framework could be improved’. This review will be happening in the summer of 2021. He has said that the government does not have any preconceived ideas and that there are some areas which need to be focused on during the review.  

What will be considered in the review? 

• The relationship between domestic courts and the European Court of Human Rights
• The impact that the Human Rights Act has on the relationship between the judiciary, executive and parliament and whether domestic courts are being unduly drawn into areas of policy 
• The way that the Act impacts outside the territory of the UK 

This announcement also stated that the UK will remain committed to the European Convention on Human Rights as the review is limited to the framework of the Act rather than the Rights themselves.  

This announcement of the review however has come under criticism from other political parties, with members of the Labour party saying “unlike the conservatives, Labour is proud of this country’s leading role in  developing Human Rights following the second world war. There is no need for a review into the rights and freedoms that underpin out democracy and all of us enjoy”.

David Greene, the President of the Law Society has defended this by saying: “the rights enshrined in the Act are core to the UK’s identify as a democratic, fair and just nation. These core values will be front and centre for the panel whose jobs will be to ensure that they are not rolled back or compromised.” 

Despite the criticisms the review will still be taking place in summer 2021, however, until then, the Act will still be functioning in the way it has for the past 20 years.  

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on human right related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk    

Charmaine Watkins (Student)

As a result of Covid-19, courts were forced to change the way that they operate. Many hearings have had to move online but there are still major backlogs; the disruption caused by Covid-19 may have had a long term effect on the way that the courts work. 

HM Courts and Tribunals Service (HMCTS) have put forward a proposal to ensure that the backlog of cases is dealt with as quickly and as smoothly as possible. However, this has been criticised, with Lord Chief Justice urging HMCTS to be realistic about the funding.  

In October 2020, the number of hearings, judges sitting, and disposals were close to pre-Covid-19 levels, however the pandemic has created more cases, particularly relating to employment and housing repossession. In September 2020, there were over 45 000 outstanding cases in the employment tribunal alone, this was expected to increase when the  Furlough Scheme ends. HMCTS have warned that ‘there is already a significant volume of cases waiting to be listed, so our focus now is on ensuring we process the current caseload as quickly as possible so we can manage the anticipated increase in demand effectively’. To tackle the backlog, hundreds of new staff have been recruited, judicial sitting times have been maximised, courts that have closed due to the pandemic have reopened and an introduction of ‘Nightingale Courts’ has been planned. The cost of the recovery plan is problematic, with many professionals being left to ask, ‘Where is the money coming from?’. The Lord Chief Justice said, whilst giving evidence to the Commons Justice Committee last week, it is ‘absolutely vital’ that courts operate at full pelt [in 2021]. 

The new Nightingale Courts will be temporary courts created in large buildings to allow more cases to be heard by judges in a large safe space. The Government had been told that a minimum of 60 extra court rooms would be needed for Criminal hearings alone, however since this only 10 new court rooms, in 5 Nightingale Courts have been created. James Mulholland QC, chair of the Criminal Bar Association has said ‘It needs to be repeated that buildings outside the court estate with large rooms must be found and opened,’ There has been no indication as of yet about how many Nightingale Courts will be created. 

David Greene, President of the Law Society has said that HMCTS needs to make maximum use of normal court hours and the existing estate before starting to introduce more drastic measures. Lord Barnett of Maldon said ‘My view for next year in all jurisdictions is that rather than the traditional approach to funding… there has to be a realistic assessment in every jurisdiction of the likely expectation of work coming into the system and in addition, there has to be a clear understanding of the additional backlogs we have to clear.’ 

HMCTS faces the undesirable task of clearing the backlog as effectively as possible, however, will nevertheless come under scrutiny about the courtrooms and other public buildings being unclean due to the large number of people visiting  during this time. The courts will be looking at ways to ensure that the backlog is dealt with, with the safety of all at the forefront of their minds.  

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on civil related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk   

Lucy Cooper (Student)

Many people are happy to see that the government intends to improve social housing, however many people are raising the question why private renters should not get the same measures. In a recent white paper, the government have announced that reforms will include checks of the quality of homes and repairs and how the landlord engages with tenants and their handling of complaints.

The current law that is in place is the decent homes standard 2006 (which is the law that will be reformed) currently some of the standards set out that all social homes should have: 

• an indoor bathroom and toilet, which should be replaced every 30 years
• Kitchens must have an appropriate amount of workspace 
• Adequate insulation against external noise
• Adequate size and layout of common areas in flats.

As stated, the above only applied to social home. The issue still remains that people who privately rent, fewer properties meet the existing standard. Housing benefit is assessed on what is a reasonable amount of rent to pay goes on not the size of the building but as long as the bedrooms are above the minimum habitable size then it doesn’t matter how big the overall size of the property is.  

Sadly, thousands of individuals are still living in poor conditions and don’t know their rights when it comes to the minimum requirements for their home. Many people don’t know that it is a landlord’s requirement to fix these hazards to make sure your home is safe including: 

• damp and mould 
• excess cold
• blocked drains
• water leaks and blocked toilets
• roof leaks
• electrical hazards

It is always good to first reach out to your landlord to see if they can help you with the repairs. However, if you have exhausted all options the final route is to take the landlord to court. The court can order your landlord to carry out repairs, pay compensation and make an unsafe property fit to live in. if you do take your issue to court it is important to be well prepared, ensure that you keep all letter and emails to your landlord, take photos of the disrepair, damage or bad conditions, keep receipts for any items you had to replace and obtain medical reports if your health has suffered.

If you have experienced any of these issues and require more advice at Staffordshire Legal Advice Clinic (SULAC) we offer free legal advice. Students are supervised by a qualified solicitor, if you wish to book an appointment with us, then please either call us on 01782 294800 or email us at SULAC@staffs.ac.uk. 

Priscilla De Paula (Student)

Every year on black Friday, shops are filled with people looking for good deals. This year however, COVID-19 changed this process, thousands of online shoppers were put on waiting lists as the websites could not deal with the number of people accessing online shops.

There are risks when purchasing online as consumers aren’t able to test the product or check if the picture of the product adequately describes what will be delivered. Furthermore, the delivery process can not only be delayed, but could also damage the products before arriving at the destination. What then are the consumer rights for online shoppers?

Online and distance selling companies are well instructed by the government on how to sell, what information to provide, how to tell the consumer their right to cancel and even how to register VAT. If these websites/companies do not follow government regulations, they will risk having to pay compensation or be given an unlimited fine. This does not apply to products worth less than £42. Although an online shopper is not able to see the product, and sometimes even can end up being misled by internet scams, there are certain steps they can take to be compensated for their loss.

Covid-19 has changed the way consumers shop and order services because now, 90% of what is bought is done online. Online shoppers are protected by the Consumer Rights Act and the Consumer Contracts Regulations. If you find yourself in a situation where you cannot agree with an online company about a faulty product or damaged goods, these are the steps to take:

• Take photos and videos of the damaged or faulty product for evidence. If it is a service or if there is damage caused to your property due to what was bought, get an estimate of how much repairs will be
• Call the seller and check if they have an official complaints procedure to make a formal complaint- if you are not happy with their response:
• Ask your card provider or PayPal to help
• Check if an Alternative Dispute Resolution is available to avoid going to court
• Make a claim to the court if the problem is not yet resolved

At Staffordshire Legal Advice Clinic (SULAC) we offer free legal advice on consumer issues. Students are supervised by a qualified solicitor.

A free appointment can help you find out your rights and legal position.

Call us on 01782294800 or alternatively email us at SULAC@staffs.ac.uk for an appointment

Leona Shala (Student)

This pandemic has been difficult for all of us, but it has been reported that some parents have even used it as a means to stop ex-partners from seeing their child or children. Those ignoring child court orders could end up facing legal action. 

The guidance concerning parents who are living apart is very clear in that children under the ages of 18, upon sensible assessment and only if the children are not being put under any risk, can move between parents ‘homes. However, for some parents trust and communication has broken down and agreements about child visits seems to have become impossible. 

Sir Andrew, who is in charge of family courts in England and Wales states that “If the parents are acting in a cynical and opportunistic manner, then that’s wrong, and the courts will regard it as wrong” .He makes it clear that anyone using the pandemic as an opportunity to stop their partner from seeing their child is wrong and could face court action. 

It is made clear that child safety during the pandemic is down to the parents and the courts will not interfere with that unless that parental power is being abused to change child arrangement orders and parents are using the pandemic as an opportunity to do this. 

In order to get a child arrangements order you would be expected by the courts to have tried mediation. This is where you and your partner and a mediator, who is there to help you and your partner come to an agreement and try and resolve the problem between you, get together to attempt to resolve the problem. If mediation does not work, then you would apply to the courts and complete a C100 form.  The welfare of the child is paramount. 

At Staffordshire Legal Advice Clinic (SULAC) we offer free legal advice on family-related matters. Students are supervised by a qualified solicitor. If you wish to book an appointment with us, then please either call us on 01782 294800 or alternatively email us at SULAC@staffs.ac.uk. 

Linda Wara (Student) 

Up to 60% of people do not have wills, by some estimates.

 To protect your assets, a will is needed as this safeguards your property, money, sentimental items, including jewellery and valuables.

This is a legal document that ensures your assets are distributed according to your wishes.

You will require an executor who will be responsible for administering your affairs This could either be a close friend or your relative or could even be a firm of solicitors. Your executor will dispose of your assets and provide your beneficiaries with their share in accordance with the terms of your Will.

Your will should set out the following:

• Your beneficiaries
• Who will be your children’s legal guardian if they are under the age of 18
• Your executor
• What happens if your beneficiary dies before you

For a will to be legally valid, the following criteria needs to be met:

• You must be over 18 years of age
• You need to be aware of the extent of your assets
• Your Will should be written
• Should be signed by two witnesses, both of whom need to be over the age of 18 years (and not beneficiaries under the will)

Your will should be reviewed every 5 years or after any changes in your life, for example

• Getting married
• Separation or divorced
• Having a child
• Relocation
• If the executor named in the Will dies

If you die without a will, your assets will be distributed amongst family members according to a predetermined formula which may be against what you would have wished for.

At Staffordshire Legal Advice Clinic (SULAC) we offer free legal advice on probate matters (although we do not draft wills). Students are supervised by a qualified solicitor.

A free appointment can help you find out your rights and legal position.

Call us on 01782294800 or alternatively email us at SULAC@staffs.ac.uk

Charmaine Watkins (Student) 

Many parents are having to appear alone in family court proceedings due to the lack of legal aid. In addition to the stress this causes Covid-19 has caused further problems as many court hearings, including family hearings, are now remote. In the circumstances, many parents are appearing alone and often without the correct technology at these, often life changing hearings. 

Despite this in a survey carried out by the Nuffield Family Justice Observatory out of 1300 people 86% of legal professionals believed that courts are now running more smoothly and being remote has many benefits. 78% of them agreed that fairness and justice was being achieved in many remote cases. This response was not shared by the litigants in person and 88% of parents reported that they were concerned about the way cases were being dealt with, with 66% feeling that the cases have not been dealt with well. 

Family law cases are often confusing and stressful for people who are representing themselves, but it appears that dealing with this from home has caused more issues with 40% of people saying that they did not understand what was happening in trials. Remote hearings involving issues such as domestic violence can cause trauma and stress and having to listen, talk to or see the alleged abuser when they are in their own home can cause further trauma. Another issue with remote hearings is that it can be difficult to create an empathetic and supportive environment for those that need it most. 

Another area which has caused distress is cases that involve interim care orders, particularly relating to babies from families shortly after birth. In many of these cases the mother is having to join the hearing by phone from the hospital which again causes further distress. 

Sir Andrew McFarlane, the president of the Family Division has said in response to a report raising these issues that  many professionals have worked more effectively and there were some benefits for those working remotely however the issues raised need be addressed as it is clear to see that some cases need additional support when remote. 

The president of the Law Society, David Greene, has suggested that cases relating to care proceedings or domestic abuse should have face to face interaction with a professional who can give support and ensure that the people involved fully understand what is going on in the case. He did, however, agree that delays may have a damaging impact on a case, so some cases need to be dealt with quickly to avoid this. He also acknowledged that remote hearings are the only option during the pandemic. 

At Staffordshire University Legal Advice Clinic (SULAC) we offer free legal advice on Family related matters. If you wish to book an appointment with us call 01782 294 800 or alternatively email SULAC@staffs.ac.uk