Brooks-Partners Blog

Lasting Powers of Attorney

2010-02-02T15:56:00.003Z

Shirah Real comments on LPA's

A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone now (an Attorney) that you trust to make decisions on your behalf about your property and financial affairs or health and welfare at a time in the future when you no longer wish to make those decisions or perhaps lack the mental capacity to do so yourself.

An LPA is a very powerful document, so when choosing your Attorney or Attorneys you need to be completely confident that you have picked the right person to carry out the tasks involved. Bear in mind that if you do not have the mental capacity, you may not be able to monitor what they are doing on your behalf but if you have any doubts in this respect you can always appoint a legal professional to be your Attorney if you so wish.

It is important to remember that an LPA can only be used after it is registered with the Office of the Public Guardian and, on occasions, this may take some time.

Anyone aged 18 or over, providing they have the mental capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. Unlike the old Enduring Power of Attorney you cannot make an LPA jointly with another person; each person must make his or her own LPA.

An LPA is a very important document and you may want to seek advice before making a final decision in regard to preparing one and appointing Attorneys. Although there is always a choice as to whether to seek independent legal advice or not this is a document that provides wide and powerful rights and we would suggest this should not be taken lightly.

Government figures show that only 135,000 people registered a Lasting Power of Attorney in the last two years in England and Wales and, as recently demonstrated by an item on BBC 1’s One Show recently, not having a Lasting Power of Attorney can not only be a very expensive exercise but also a terrible emotional burden for your loved ones.

Haiti Disaster Donation

2010-01-22T15:09:00.002Z

For the past few years Brooks & Partners have sent Christmas and new year greetings via e-mail and have therefore been able to chose a charity to support through a donation. This year, with the dreadful news from Haiti it was decided to not only make a donation of the money not spent on Christmas cards, postage etc, but to add additional funds and to make the donation through Save the Children Fund. Head of Brooks & Partners in Frimley, Surrey, Michael Brooks now has four children and seven grandchildren and therefore a children’s charity was an obvious choice.

Many firms and individuals have suffered as a result of global recession but none have suffered as much as the children of Haiti. The thoughts of all the staff at Brooks & Partners are with them.

Is Bankruptcy an Option?

2010-01-20T11:27:00.005Z

With experts predicting a rise in bankruptcies during 2010 we take a look at whether this is an option worth considering.

Recent research by the Samaritans showed that almost half the population were concerned about money or debt throughout 2009. With personal debt now standing at a staggering £1.456bn the news really comes with little surprise.

Experts firmly believe that the next 18 months will see a steady increase in the number of personal and business bankruptcies, so is it really an option worth considering? Certainly the stigma that was attached to bankruptcy for many years appears to be lifting. Bankruptcy today has become a logical, legal and beneficial tool for many people to use to remedy a difficult and problematic bad debt situation. That said, it is not the easy option as there can be some major drawbacks. If you find yourself in dire financial straits however, then maybe bankruptcy is worth considering.

Certainly the need for proper advice is important if you are considering bankruptcy as there may be alternatives open to you. Brooks & Partners are able to advise and assist in these respects and work with a prominent debt management company whose consultants are available to discuss bankruptcy and other options with you. If this is relevant to you and/or you wish to obtain further information please contact Vickie Lennard or Michael Brooks on 01276 681219 or by e-mail: vickie.lennard@brooks-partners.co.uk or michael@brooks-partners.co.uk

Not Enough Properties for Sale!

2009-12-01T10:07:00.002Z

According to the Royal Institution of Chartered Surveyors there are not enough properties on the market for sale! Although it is different in some areas of the country, prices have been best so far in the South of England and the Survey shows that quality properties were now receiving competitive bids.

It is the first time since May 2007 that surveyors have reported property price increases rather than price falls and, predictably, London and the South-East of England are showing the largest increase although the Poll still shows price falls in Wales, as well as Yorkshire and Humberside.

Although enquiries from new buyers increased in September compared with August the level of new instructions from sellers decreased. Despite the problems first-time buyers continue to encounter in securing finance, the level of enquiries from potential purchasers is gradually rising. This imbalance between demand and supply may mean that house prices will increase rapidly in the short term which may not necessarily be good for the markets or the economy.

This latest Report supports a widespread opinion in the industry that house prices have been creeping up since the spring because relatively few people have been putting properties on the market.

· Halifax says house prices have risen by nearly 6% since April, adding £9,000 to the average price.
· Nationwide says prices have now risen for five months in a row, and are back to where they were a year ago.
· Sales show a modest improvement and are up on the same period last year.

So, the question is, have we yet turned the corner on the deepest recession since the 1930’s?

For advice on residential property matters contact Simon Brooks.

Workers Can Defer Sick Leave If Ill on Holiday

2009-11-25T10:11:00.004Z

In a judgement that will be of concern to many employers, the European Court of Justice has decided that those employees who become ill whilst taking their holiday entitlement under the Working Time Directive will be entitled to instead treat that holiday entitlement as sick leave and defer such holiday entitlement to a later date.

The ruling technically only applies to employees in the public sector at present although private sector employees will benefit in the same way if the UK Working Time Regulations are amended to comply with this latest European ruling as anticipated.

We can only watch and wait but the implications for employers could be serious.

‘Brooks’ Success for Cancer Research!

2009-11-05T10:05:00.002Z

The three members of staff taking part in the 10k on Sunday 25th October managed to complete it in good times with Kate achieving her best ever time for this distance. Although all share the surname Brooks, only Kate and Simon are related to Principal Michael Brooks! The event organisers must have been left wondering at the size of the Brooks family when Michael’s other son Dominic and his wife Susy also took part in the event.

Both Kate and Robyn returned to work on Monday morning very happy and satisfied even if they were a little stiff and suffering from the odd blister! Simon took the day off believing that a rest day might be needed – needless to say he was back the following day and happy with his efforts.

All of the “Brooks” runners would like to thank Michael Brooks for his generous donation to each of them as well as their other sponsors who have made a considerable contribution to Cancer Research UK.

Kate has now raised the bar and is looking to run a half marathon next year, we are waiting to hear if Simon and Robyn will follow suit!

Commando Challenge - or just wet, cold and muddy!

2009-10-29T17:04:00.002Z

A previous BLOG on this subject told of Vickie Lennard, our Office Manager, raising funds for Devon Air Ambulance and The Royal British Legion by undertaking the Commando Challenge with a team made up of Mum’s and Girlfriends of Royal Marine Recruits.

From the pictures shown you can see that it was not a soft option and Vickie and her team completed the 3 mile course (with three tunnels, two rivers a sheep dip and bog) in just over an hour. Vickie would like to thank Michael Brooks for a very generous donation and all those who sponsored her and the team – the final count is over £700.00 which is a sterling effort!

Having seen the photographs a colleague has suggested that next year we make up a team from Brooks & Partners, now that will be a whole new challenge!

Suddenly there are not enough properties for sale!

2009-10-14T10:12:00.001+01:00

Suddenly there are not enough properties on the market, according to the Royal Institution of Chartered Surveyors, although it is different in certain areas of the country. Prices have been best so far in the south of England and the Survey showed that quality properties were now receiving competitive bids.

It is the first time since May 2007 that surveyors have reported property price increases rather than price falls and, predictably, London and the south-east of England are showing the largest increase although the Poll still shows price falls in Wales, as well as Yorkshire and Humberside.

Although enquiries from new buyers increased in September compared with August the level of new instructions from sellers decreased. Despite the problems first-time buyers continue to encounter in securing finance, the level of enquiries from potential purchasers is gradually rising. This imbalance between demand and supply may mean that house prices will increase rapidly in the short term which may not necessarily be good for the markets or the economy.

This latest Report supports a widespread opinion in the industry that house prices have been creeping up since the spring because relatively few people have been putting properties on the market.

· Halifax says house prices have risen by nearly 6% since April, adding £9,000 to the average price.
· Nationwide says prices have now risen for five months in a row, and are back to where they were a year ago.
· Sales show a modest improvement and are up on the same period last year.

So, the question is, have we yet turned the corner on the deepest recession since the 1930’s? Let’s hope so.

If you have any questions on the above please call 01276 681217 and ask for Simon Brooks.

Commando Challenge - or just wet, cold and muddy!

2009-10-01T14:41:00.003+01:00

The firm’s office manager, Vickie Lennard, will be risking life and limb during October to take part in the Commando Challenge held in Lympstone, Devon in Aid of Devon Air Ambulance and the Royal British Legion.

Vickie’s son Alex worked with Brooks & Partners for 18 months whilst improving his fitness and attending college to enable him to apply for the Royal Marine Commando’s and he is currently training in Lympstone. This prompted Vickie to work on her fitness and to join up with another recruit mum and two recruit girlfriends to take part in the Challenge.

Vickie explained that she and the other members of the team felt it was right to try and help institutions that are always called upon to help both recruits and the forces in general, “It’s good to be able to put a little thank you back in!”.

Vickie has said that she is very grateful for the support she has received from work colleagues and the firm and will make sure photograph’s are taken of the Challenge itself which takes place over the actual endurance course undertaken by the Royal Marine Recruits, mud, water, stones and all – of course she is looking forward to it!

If you would like to make a donation to Vickie’s sponsorship please visit:
http://www.justgiving.com/Vickie-Slightly-Panicing

10k for Cancer Research UK

2009-09-11T11:16:00.001+01:00

Three members of staff are taking part in the 10k run for Cancer Research UK this coming October and hope to raise in excess of £500.00.

From left to right pictured above are Kate, Simon and Robyn who are all keen to keep fit (although Kate admits that running has not been top of her agenda through the summer) and all three are now working hard to ensure they are fit for the challenge.

Brooks & Partners have had a long relationship with Cancer Research UK and take an active part in the Free Will scheme that they offer. They are an important institution leading the way in research and have saved countless lives in early detection and improved treatments.
If you are able to spare a little please do sponsor one or all of them!

http://www.run10ksponsorme.org/kateb
http://www.run10ksponsorme.org/robynbrooks
http://www.run10ksponsorme.org/simonbrooks3

We wish them all good luck and good weather!

Read the Small Print - Unauthorised Interview Was Not Gross Misconduct

2009-09-08T10:53:00.001+01:00

A chaplain at one of the Home Office’s immigration detention centres was unfairly dismissed despite giving an unauthorised interview to the media, contrary to the centre’s clear policy.

The Chaplain’s dismissal letter referred to the potential for information to be distributed to unauthorised parties which might, in turn, bring the organisation into disrepute. However, at the hearing it was found that the employer had neither heard, nor read a transcript, of the unauthorised interview!

The Tribunal therefore found that it was impossible for the employer to have formed a view as to the likelihood or seriousness of the potential disrepute.

The dismissal was not, therefore, within the range of reasonable responses open to the employer...... always read the small print!

If you have an employment problem do contact us for assistance.

Beware - Adultery abroad is not necessarily an option!

2009-07-31T14:19:00.006+01:00

Helen Habershon on adultery in Dubai!

A British woman was recently jailed for adultery in Dubai, a month after her husband told police in the emirate that she was having an affair.

Both the woman, and her lover were sentenced to two months in prison in Dubai. The woman’s husband, had attempted to withdraw his complaint about her adultery following her arrest but was told it was too late!

He has visited her in jail and their relationship has remained amicable. The couple were not estranged, neither were divorce proceedings afoot, but clearly the relationship she was having with her lover in Dubai was destroying their marriage.

The woman and her lover were ordered by the court in Dubai to be deported after being freed. As with criminal convictions in England, they will undoubtedly have served much less than the two months for which they were sentenced. Even so, be careful of the pitfuls of entering into relationships abroad where the laws may be different to those here.

Forced to work part-time? It just might be discrimination.

2009-07-21T11:47:00.007+01:00

According to the Office for National Statistics, close to a million people have taken part-time jobs because they cannot find full-time work. The figure is a third higher than a year ago and is the highest since 1992 when they started keeping records.

According to the TUC this represents a huge number of people not showing up in unemployment figures and whilst these workers do at least have a job it fails to demonstrate the severe economic problems many of them are inevitably facing. Many workers have also had to continue in the same job they once held full time although for much lower wages.

Quite a number of firms are asking staff to reduce their hours, and of course salary, as the recession continues. For instance British Airways has asked many of its staff to work part-time or take unpaid leave.

Although things are improving in certain sectors of business and industry there are still many people who have received a raw deal from unscrupulous employers during this recession and who have possibly been discriminated against in one way or another. If you think you are such a person, contact June Hood to see if she can help you.

Pre- nuptial Agreements, are they legal?

2009-07-17T13:47:00.006+01:00

Helen Habershon, Family Law specialists writes....

The heiress, Katrin Racmacher made history recently when a court backed her prenuptial agreement with husband of 10 years, Nicolas Granatino. On 2 July, three judges from the Court of Appeal ruled in a test case that one of Europe’s richest women should not have to pay millions to her former husband because of a contract they signed together before their wedding day.

When the couple separated in 2006, Katrin assumed her husband would stick to the terms of a deal signed before their 1998 marriage, in which they both agreed to waive their rights to claims against each other’s wealth in the case of divorce. Not so, in fact, last year, he won a £5.56 million share of her fortune in the High court in London. Last week, the ruling was overturned and her husband’s share was slashed to £700,000 plus housing and maintenance.

This case has effectively established a change in the law on prenuptial agreements, without the need for parliament to pass legislation. The court of appeal judges on hearing the case said that the courts should now take account of premarital deals on splitting a couples assets.

HIPS Pain

2009-06-15T13:21:00.001+01:00

Michael Brooks has recently read an item written by a partner in a small law practice, this on the subject of HIP pains!

The correspondent intimated that in the week prior to her writing the article, she and her partner had received four HIP packs all of which were incorrect and all of which had one other thing in common – they were all provided by online, low-cost HIP pack providers instructed directly by the Seller Client. We will not go into detail here but please, Clients and others, be warned! It is the Brooks & Partners view that although a HIP pack is of little practical use in selling a property and consumes both time and of course money, if, added to those considerations, the HIP pack is also incorrectly prepared it simply makes things worse.

Brooks & Partners are equipped to organise the preparation of a pack of good quality, inexpensive and which can be prepared very quickly. Any question on this should be directed to Simon Brooks or Vickie Lennard and all Sellers and prospective Sellers are strongly recommended to contact one of them.

CONSUMERS SCEPTICAL ABOUT “TESCO LAW”

2009-06-15T13:19:00.000+01:00

Brooks & Partners have previously questioned why the public would wish to buy legal services “off the shelf” from a supermarket and now a major opinion poll has made interesting reading. The poll indicates that consumers are “sceptical” about banks and supermarkets providing legal services because they have concerns about the quality of work which will be undertaken. A survey of public attitude towards Solicitors, commissioned by the Solicitors Regulation Authority and released very recently, found that 69% of respondents “agree they would be concerned about the quality of service offered by these organisations”. The Report said that “there is an overall view that banks and supermarkets cannot provide the same level of service as a firm of Solicitors”.

Should the above be greeted with surprise – perhaps not, simply put, the Brooks & Partners view is that banks are for banking (although no comment will be made over the recent course of events), supermarkets are for shopping and Solicitors are for legal services!

42% of grandparents lose contact after parental separation

2009-05-19T10:09:00.000+01:00

New research to be published this week by Families Need Fathers, The Grandparents Association and The Family Matters Institute has found that 42% of grandparents lose contact with their grandchildren after parental separation.

These three organisations will set out why they feel grandparents are so important to children and families in the 21st century. Even though grandparents can have extremely close bonds with their grandchildren and will often provide the majority of childcare whilst the children are young, these bonds can be shattered when the parents’ relationship breaks down. A grandparent will not have the automatic right to make an application to the court in the way that a parent can but they can seek permission to make an application, and the court will always put the best interests of the children first if they have to decide whether an order for contact with the child should be made.

Grandparents Association advice line (01279 444964); Grandparents Apart Self Help (0141 882 5658 or 01506 410 554)

Katie & Peter to Split? Or is this just more publicity?

2009-05-15T10:34:00.000+01:00

Katie Price (Jordan) and Peter Andre are said to be separating after three and a half years of marriage. The couple has two children, Junior three and Princess Tiaamii, nearly two. Katie Price also has another son, Harvey six, from her previous relationship with footballer Dwight Yorke. The couple have spent their married life very much in the spotlight having featured in their own fly-on-the-wall TV show following their relationship since 2007. However, they have now said they want the media to respect their privacy in regard to the breakdown of their marriage. It will be interesting to see whether this is a genuine split for the celebrity couple who married in 2005 or just another publicity stunt!

If they are to go down the divorce route, how will their fortune be divided and where and with whom will the children live? They both had successful and lucrative careers and so had substantial financial assets before they met. However, since they married, they have built up assets jointly which they have both contributed to and this will need to be recognised when deciding how to divide the couple’s fortune, while at the same time paying particular regard to the needs and welfare of their children.

Yawning with boredom?

2009-05-11T13:38:00.001+01:00

Currently the BBC news website says...

“UK house prices are continuing to fall sharply, according to the latest survey from the Halifax. The lender, now part of the Lloyds Banking Group, says prices fell by another 1.7% in April, pushing the annual decline from 17.5% to 17.7%. It means that the average UK property is now worth £154,716.00, £33,264.00 less than a year ago. The Halifax warned that house prices would probably continue falling in the coming months.”

Is anyone else just yawning with boredom on the subject? Well I am! I am trying hard not to be too optimistic but, frankly, the housing market is moving, not rapidly or providing so much work we don’t know what to do with ourselves but it is moving. Now we just have to get over the next barrier, no marketing of properties until a full home information pack is provided….thanks Mr Brown.

On The Up! Congratulations to Crookham Rovers

2009-04-21T15:50:00.003+01:00

Congratulations to the Crookham Rovers adults team who we have sponsored for a couple of years now. Not only have they finished as runners up in the Aldershot and District Sunday League (Division one) and are therefore promoted to the Premiership but they are also runners up in the League Cup which was held at Camberley Football Club last weekend.

Crookham Rovers team Captain, Paul Fairbrother, was voted man of the match by the four match officials because of his self discipline, control of the team and his sportsmanship.

Congratulations to all the team and to the manager Nigel Lennard.

So, in this economic downturn, should they make it harder to sell your home…

2009-04-07T15:26:00.003+01:00

This week the new rules have come into force and home owners must have a home information pack (Hip) in place before putting their property on the market. Previously a seller could order a Hip prior to marketing.

The “improved” Hip sets out extra details such as the council tax band, flood risk, structural alterations and parking arrangements and is welcomed by the government claiming this is all important information which should be taken into account before buyers are asked to make an offer. Many critics just claim they were an "expensive waste of time" before the new rules and are now even worse!

If a seller (or estate agent) markets a property without the mandatory Hip they can face fines of at least £200.

Many Solicitors and estate agents are, and will remain, highly critical of the Hips scheme as the information is outdated so quickly and buyers often have to commission new searches which means, in effect, that the cost is doubled. Many also believe the new rules will cause even more problems.

A spokesman for the National Association of Estate Agents (NAEA), claims the Hips scheme has been a costly failure and an unnecessary burden to sellers. "An expensive waste of time which has proved counterproductive at the best of times but, in a housing slump, Hips are downright damaging," adding that according to government figures 77% of home buyers paid no attention to Hips.

Nationwide say house prices are up!

2009-04-02T16:35:00.000+01:00

The building society claims property prices have increased by 0.9% in March compared to February which, they claim, is a “surprise bounce” and should not be confused with saying that the market has turned. Whilst they welcome the price rise they feel it is too soon to confirm the market is once again on its way up and that we have come through the “trough”.

Part of the problem with making predictions on the recovery of the economy is that house prices dropped so sharply last year that monthly fluctuations are bound to happen and whilst house prices might appear to be steadying, the price of flats and apartments is still very up and down.

What is interesting is the Bank of England report that mortgages for house purchases in Britain have risen more in February than was expected and this does suggest that lending is, albeit slowly, once again on the increase.

Even Barclays bank are indicating that the housing market may be stabilising although still predicting it will be six months before the effect will be seen.

For the first three months of 2009 Northern (and Southern) Ireland have experienced the largest annual rate of house price decrease in their recorded history and Scotland had the slowest annual fall in house prices. Wales has seen nearly 20% wiped off its property prices during this period which is far more than other areas of the United Kingdom.

So, having exhausted the facts and figures, we have seen an increase in business over the past month and, very quietly, long may it continue.....

Will the Rent push businesses under?

2009-03-31T15:47:00.006+01:00

Experts have warned that more retail businesses could be under threat as quarterly rent bills fall due.

Retailers who are struggling with falling sales because of the recession are now facing the moment when they will be asked to pay the rent for the next three months' and this could easily push some over the edge and into oblivion. Fears that many businesses could sink without trace has encouraged the British Retail Consortium to call for Landlords to allow rents to be paid on a monthly basis and help relieve the cashflow difficulties that most retailers are facing.

And it is not only the retailers; many other businesses are also suffering cashflow difficulties especially when the quarterly rent bill arrives.

The Retail Consortium believe that following a disappointing Christmas and New Year this quarter's rent payments would prove to be the toughest since the late 1980’s and some landlords have indicated they are prepared to be flexible and are willing to spread payments and renegotiate service charges.

The importance of retailers' ability to pay their rent cannot be underestimated; when photography specialist Jessops announced it would be able to pay its rent the share prices jumped 85%.

Smile! Its only money!

2009-03-24T12:26:00.001Z

London’s top divorce solicitor, Raymond Tooth (sometimes known as Jaws) has a mean reputation for achieving enormous settlements for ex-wives and is constantly being sought out by unhappy ladies. With a credit crunch in progress it might not be the best time (some would say) to be attempting to wrestle those large assets from your husband however, even Mr Tooth seems to have outdone himself as, with the downturn in the economy, he has managed to achieve 105% of the ex-husbands assets for one very happy lady in pink, albeit the original decision by the Court only awarded her 43% last February!

Needless to say the ex-husband (would you believe a fund-manager in the financial sector) has gone to the Court of Appeal claiming it is unfair as the deal was struck last February before the share price of his company plummeted. It will be very dangerous for the Court to alter the capital settlement as it would mean that anyone was able to reopen a settlement – if a husband gambles on the future price of shares whilst giving liquid assets to his ex-wife (because he thinks the shares will be worth more) why should the Court review the settlement when the husband made the wrong choice? There are a few ex-husbands and wives doing sums and awaiting the outcome.....

Although some will be delighted in another financier getting his comeuppance realistically he would have to borrow half a million to make up the outstanding payment – do we feel sorry for him? Probably not but let’s face facts, which bank will he be able to borrow the money from?

Mr Tooth made his name in the 60’s picking up Clients through Tramps and other nightclubs and is now probably the country’s leading authority on obtaining maximum settlements. His Client base is 60% women and 40% men and at 68 must still be enjoying the chase. After all there is great financial reward available when you are pulling in the right settlement.

Although twice divorced Mr Tooth believes it may be wise for the ladies to “hedge their bets” his opinion is that the gentlemen will win with divorce settlements whilst the credit crunch is on. Experts predict the divorce rate will rise as couples split due to pressured finances. Suggestions people will “hedge their bets” appear to be unfounded, our family department is thriving.

Top of the League!

2009-03-19T16:40:00.001Z

Crookham Rovers, sponsored by Brooks & Partners, are now top of the Aldershot and Sunday football league, division one, and intending to stay there. During the season the team have worked incredibly hard to achieve the results they have, weathering the storms of cancelled games (literally) and losing valuable team members to long term injury as well as a couple moving away from the area.

Not only are they top of their league but this week will see them take on local rivals in the semi-final of the league cup and we wish them luck on Sunday in the top of the table clash.