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Welcome to Our Blog

Welcome to our blog. Using this area we will keep you up to date with all the news and views of John Hodge Solicitors.

Have you or a family member had an accident or been injured whilst riding your bicycle?

Katie Ashman
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The number of cyclists in Bristol who cycle at least once a week increased from 5% in 2015 to 28% in 2021, Sustrans reported. According to the Department for Transport’s ‘Reported Road Casualties in Great Britain’ annual report for 2023,...

Inheritance Act Claims

Tadge Channer
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If someone has been left out of the Will of someone close them then it may be possible for that person to make a claim for “Reasonable Financial Provision” from the estate of the deceased. The Inheritance (Provision for Family & Dependants)...

Escalating Ground Rents and the implications faced by Leaseholders

Louise Garner
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What is an escalating ground rent and why are escalating ground rents problematic? Escalating ground rent clauses are provisions in a lease that enable the freeholder to review and amend the ground rent after a specified period of time has elapsed. ...

Rentcharges Revisited (and the issue of enforcement of freehold positive covenants)

James Gass
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There is no other way to put it – rentcharges are a nuisance for property owners and property lawyers alike. Not all properties are affected by rentcharges, but they are common throughout North Somerset and Bristol. This article examines the...

Sole or joint divorce application?

James Young
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With the introduction of no-fault divorce back in April 2022, one of the new measures put in place by the court was the ability for individuals to be able to make a joint divorce application together.   This was largely done in an attempt by the courts...

Christmas and Contact for Children

David Starkey
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Winter is coming, and with that, Christmas will soon be upon us. Making contact arrangements for children over the holiday period can be a difficult task for separated parents. However, as difficult as it may be, you are better to address it early as doing...

Negligent Drafting of Wills

Tadge Channer
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In a situation where a person instructs a professional to draft a Will but the professional does not draft it correctly, a claim can be made against that professional by those who should have benefitted under the Will but don’t because of that mistake....

Domestic abuse - How can it be identified and what steps to take

James Young
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Domestic abuse over recent years has become a much more widely discussed topic within society, with increasing recognition for male sufferers of domestic abuse, such as in the recent Channel 5 documentary ‘My Wife, My Abuser’. Family solicitors...

Exploring Mediation: A Q&A with a Mediator

Tadge Channer
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Q: What is mediation, and how does it differ from traditional litigation? A: Mediation is a voluntary and confidential process where a neutral third party, known as the mediator, assists disputing parties in reaching a mutually acceptable agreement....

Slips and Trips Inside a Supermarket

Nikki Taylor
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If you do not order your food shop online, you most likely visit a supermarket to purchase your groceries. Supermarkets can be hazardous places to visit due to the following: Rainwater accumulating on the floor in and around the entrance / exit of the...

Challenging the Validity of a Will

Tadge Channer
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There are a variety of ways in which the validity of a Will can be challenged, however it is important to bear in mind a court cannot change the terms of an invalid Will to reflect what it thinks is fair (and nor is unfairness a reason to state a Will is not...

The Leasehold and Freehold Reform Bill - A New Dawn or a Missed Opportunity?

James Gass
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At the time of typing, The Leasehold and Freehold Reform Bill (‘the Bill’) has just passed through the House of Commons and the second reading of the Bill in the House of Lords has just begun. The aim of the Bill is to ‘make the long-term...

Nuptial Agreements

James Young
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Nuptial agreements – Is it right for me and what should I look out for? Pre-nuptial agreements are becoming more and more common now for couples within the UK. In the 1980’s, on average only 1.5% of newly married couples would look to have a...

Commercial lease terms

Magdalena Neale
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Things to consider for a Tenant when negotiating heads of terms of a commercial lease Have you found a home for your business and decided to lease a commercial space? The next step will be to negotiate Heads of Terms. This process can be new and tricky...

New Non-Fault Divorce Laws

Andrew Campbell
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As of the 6 th April 2022, the law on divorce/dissolution had one of its biggest changes in 50 years. The main change has meant that for spouses, or civil partners, you will not need to use fault as a reason for divorce/dissolution. The only thing that will...

Wills and Nil Rate Band discretionary trusts, a time for change?

Emma Radford-Shayler
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Prior to 2007, many Wills contained Nil Rate Band Discretionary Trusts to ensure that both spouses could fully utilise their Nil Rate Band and not lose it. In 2007, the law changed so that any unused Nil Rate Band from the first death could then be claimed...

It may not be too late

Naomi Drew
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IT MAY NOT BE TOO LATE TO MAKE A CLAIM FOR YOUR ACCIDENT Have you or a family member had an accident, or been injured, and not had time to start a claim? Sometimes when just trying to recover from an accident or an injury, and  dealing with the...

New family Law Specialist

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We are pleased to introduce Andrew Campbell, a new solicitor in our family department. Andrew is a qualified solicitor and has worked in family law for much of his legal career. He has recently joined our experienced family team and is equipped to deal with...

E-Scooters

Amber Vincent
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E-SCOOTERS – CONVENIENT BUT INCREASING RISK OF INJURY TO RIDERS AND OTHERS? Backed by the government, on-road e-scooter trials are currently taking place in the UK. Only e-scooters being used as part of the trial are legally allowed on the road and...

Ordinary Powers of Attorney and the Coronavirus

Emma Radford-Shayler
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You may be familiar with Lasting Powers of Attorney (LPA), as they have been advertised on government websites and in the media in general. They are very valuable documents to have, but before they can be used, they have to be registered with the Office of...

Help in making contact work in the Coronavirus crisis

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Parents must try to work together to agree any changes needed to contact arrangements for their children during these difficult times. 1. Make use of social media and video conferencing apps (Facetime, Skype etc.). This may need to be used more often than...

New Divorce Laws

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The Divorce Reform Act 1969 enabled people to end marriages that had “irretrievably broken down” without having to prove fault. Couples could end marriages after two years of separation, if both parties desired divorce, or five years if only one...

Rentcharges - What are they and how might they affect you?

James Gass
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Most legal professionals view Rentcharges as an annoying quirk of a bygone era and while they may well be correct it is essential that you are aware of the implications of owning – or buying – a property which is subject to a Rentcharge. ...

Financial responsibilities of an attorney

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Financial responsibilities of an attorney Dealing with the financial affairs of a loved one can be difficult, especially when you need to comply with serious legal responsibilities. The Office of the Public Guardian (OPG) applied for court orders...

The Cost of Settling

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Are the costs consequences of not accepting an offer to settle about to change? In financial remedy proceedings ancillary to divorce, the general rule is that each party is responsible for their own legal costs and the court will only make a costs order...

Absent freeholders or landlords

Mark Wright
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Absent freeholders or landlords When a landlord is absent, the leaseholders might think “happy days” with benefits such  as quiet enjoyment of the property without the interference of the landlord or the lack of expensive service charges. ...

Dramatic Increase in the cost of obtaining a Grant of Probate

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Dramatic Increase in the cost of obtaining a Grant of Probate With the Non-Contentious Probate (Fees) Order 2018 passing through the House of Commons Delegated Legislation Committee in February, the cost to obtain a Grant of Probate is due to change...

Attorneyship - The importance of preparing Health and Welfare Lasting Powers of Attorney (H & W LPA)

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Whilst people are now becoming more aware of the need to provide for someone to look after their financial affairs if they lose mental capacity to cope, and are putting in place Lasting Powers of Attorney for Property and Financial Affairs, the uptake for...

Why use a local conveyancing solicitor when buying a property...

Mark Wright
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In recent years licensed conveyancers have grabbed a share of the market. There are though several disadvantages to using an out of the area conveyancing house as opposed to a local solicitor. Conveyancing houses tend to operate from out of town call...

Is Divorce or Separation on the Horizon in the New Year?

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If a relationship is already under pressure then Christmas and the New Year season can serve to bring matters to a crisis.  It is true to say that Family Solicitors find the New Year and January to be a busy time.  This may be for a couple of...

Prioritise those you care about in 2019: make it your New Year's Resolution to make sure you have a tax efficient Will!

Sara Anthony
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We all know that changes in our family and financial circumstances may need to be reflected in our Will but all too often we forget to review this important document and to seek specialist advice that protects our loved ones. There have been significant...

Our separation is all agreed so why do I need legal advice?

David Starkey
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Everything is agreed in my separation, I don’t need legal advice right? Wrong! A recent case highlights the dangers of proceeding based on a verbal agreement on separation. A couple who had married in 1986 and had two children agreed to...

Why do I need to instruct a Family Solicitor?

David Starkey
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It is normal that where a marriage has broken down, there is usually at least one party feeling angry, sad, disappointed, or a mixture of all of those things.  It is therefore very easy for a divorce, and any associated financial or children related...

Divorce and Money separated

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A recent pilot divorce administration system run in the South West Regional Divorce Centre in Southampton, under which contested financial remedy proceedings are ‘de-linked’ from the main divorce proceedings has proved a success. Under the...

Formalise your relationship outside marriage

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The Court of Appeal has rejected a claim by a heterosexual couple that their civil partnership be recognised.  The law provides civil partnership only for same sex couples whilst it now provides marriage for both same sex and heterosexual couples. ...

Resolution

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The Family Team at John Hodge Solicitors are all members of or prescribe to the code of conduct of Resolution an organisation, which represents 6,500 family justice professionals who are committed to supporting couples to reach constructive solutions to...

Holiday Time

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At lot has been reported in the press recently about taking children out of school during term time for a holiday but what about time away during the official holiday period where parents are separated – particularly holidays abroad. If you plan to...

Make Your Will Week

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In an ever changing financial and social setting, making or reviewing a Will has never been more important. In recognition of this, John Hodge Solicitors is proud to support Weston Hospicecare by participating in their “Make Your Will Week”...

Put Children First

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Each year around 240,000 children in the UK experience the separation of their parents. More than one in three children will see their parents split up before they reach their 16th birthday. When parents split up, children can often believe they are...

When Divorce Is Not the End

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When divorce is not the end. All family lawyers will have anecdotes of clients who, even after difficult divorces, will reunite with their former spouse.  This can have some unintended consequences. Some reunited couples will of course remarry, and...

The Importance of Financial Orders upon Divorce

David Starkey
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The case of Wyatt and Vince has recently highlighted the importance of obtaining an Order dealing with financial matters during divorce proceedings. Mr Vince and Ms Wyatt met as students in their early twenties and married in 1981. The pair had a son...

Maintenance on divorce

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Maintenance on divorce; how much and for how long? One of the questions we are frequently asked by newly separated clients is how much maintenance they should either pay to or receive from their spouse.  Where the maintenance is being paid in respect...

Selling your house and speeding up the process

Gareth Richards
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Once you have found a buyer for your home, you will no doubt hope that the sale goes through quickly.  Delays are often attributed to the legal process, and yet nowadays (with electronic conveyancing and email) solicitors can move the conveyancing ...

Litigant in person seminar

David Starkey
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Many people have never set foot inside a court building and wouldn’t dream of doing so without a lawyer to guide them through the process. However, more so than ever before, people are having to represent themselves in family court cases. If you find...

Unmarried Couples

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Unmarried couples - How does my position differ from someone who is married? If you are married or in a civil partnership and your relationship breaks down then you can claim maintenance, lump sums, and other financial provision including  pension...

Client credit with Iceberg

David Starkey
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At John Hodge Solicitors we understand that clients facing divorce or financial disputes following the breakdown of a relationship are likely to be experiencing a period of emotional and financial turmoil.  We are therefore delighted to announce that,...

What if you do not have a Will

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From 1 st October 2014, anyone who dies without leaving a Will (known as dying “Intestate”) could be affected by the new Inheritance and Trustees' Powers Act 2014. Although none of us like to think about death, anyone who has not made a Will...

Weston Hospicecare Wills Week

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Supporting Weston Hospicecare - “Make Your Will Week” 2014   John Hodge Solicitors were delighted to be asked once again to take part in Weston Hospicecare’s – “Make Your Will Week” which took place on the 3 rd...

Mixed-Up Wills

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There is not often much news regarding the law on Wills and in fact most of the provisions are still governed by a Wills Act from as long ago as 1837.  However, the recent case of Marley v Rawlings and another has attracted the attention of the...

Wills Week

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Never got round to making that Will? Looking for a good excuse? What better than to make a Will   and benefit a worthy cause at the same time. On 3 rd March we will be again taking part in Weston Hospicecare’s “Make a Will Week”...

Landlords Beware

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The deposit requirements for landlords of residential properties continue to cause problems. They apply to people letting out their home as well as professional landlords. To recap; for tenancies agreed after April 2007, landlords who take a deposit need...