Harold G Walker

Harold G Walker Solicitors

Your Friend-In-Law for over 77 years

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providing the answers to your legal questions.

 

It’s important to note that the articles provided are for informational purposes and should not be considered as legal advice. Please be aware that legal regulations may have evolved since the articles were published. We strongly recommend that readers do not act solely based on the information provided and instead, consult with our dedicated HGW team members for tailored legal guidance suited to their unique circumstances.

 

Pre-Nuptial Agreements

The agreement must be treated as a contract between you, which can only be rebutted if it is seen to have been completed by one of you under duress or undue influence or indeed mistake.
You must each at least have had the opportunity to obtain legal advice, but realistically, you both really ought to do so, because this is an important agreement, and you must enter into it with your eyes open to the legal requirements and implications.
You must have the agreement prepared and completed at least 28 days before the date of your marriage, although you ought not leave it until that late, so give it plenty of time, at least three months before the marriage, to discuss and agree the finer details.

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Cohabitee disputes

‘My partner and I are separating and because the house is only in his name I am left on the street when I was promised I would be secure at home when we were together’.
It is becoming increasingly common, for couples to live together before they get married, or couples to decide just to live together without ever getting married.
But what happens when that relationship breakdown?

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Happy New Year?

We all know that this past holiday was one of intended reflection and rest. Of affirming family bonds. That’s the ideal, but sadly it can also be the stereotype. Often, the reality of this theory is far removed from our own individual circumstances.

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When should you do a Power of Attorney?

Anyone can put a Lasting Power of Attorney (LPA) in place provided they have the required capacity. If the person granting the LPA has capacity, then these are widely considered the quickest and most cost-effective option, with the registration process currently taking up to 20 weeks from the date of submission.

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Which parent should the school call?

Co-Parenting Education. Navigating the complexities of parental responsibilities in the context of separated parents can be challenging for headteachers and school administrators. The recently published guidance from the Department of Education, available on GOV.UK, offers valuable insights for both educational institutions and parents. It is crucial for all parties involved to understand key aspects such as who holds parental responsibility, the distinction between resident and non-resident parents, and the school’s legal duties and powers.

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Colehill Cricket Club

Doubtless many of our clients will have heard about the events at Colehill Cricket Club earlier this year, which was forced to halt all adult matches following complaints from residents, who live near the ground, about balls being hit for six into their properties. Youth cricket was allowed to continue as boys and girls couldn’t hit a six to the same distance as adults. The cricket balls were landing in gardens and causing damage causing two of the club’s neighbours to make complaints, one of whom claimed damages (compensation) for broken roof tiles. Consequently the club was facing rising insurance premiums and feared being sued by neighbours. Fortunately, £35,000 has been raised to erect safety netting 26 foot high around the grounds of containing the cricket pitches, which has solved the problem.

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Watching and playing sport may be dangerous!

Each weekend, millions gather for sports, but do they grasp the legal risks? “Volenti non fit injuria” implies if you accept risks, you may forgo compensation. Examples show consent can’t protect reckless acts. Learn your rights; contact HGW’s litigation solicitors for guidance.

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Divorce & Matrimonial Finances

‘Down the pub last night, I opened up about my divorce. Everyone seems to have an opinion or experience. All of which are horrific. I don’t want to be taken to the cleaners’. You are understandably worried about money and what’s going to happen to your life because of your divorce.

The reason that you hear lots of different opinions and ‘horror stories’ is because sorting out property and money on divorce (‘matrimonial finances’) is based on the objective principle of ‘fairness’.

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Estate Administration and the Trust Registration Service

Estate Administration and the Trust Registration Service. Following the introduction of the Trust Registration Service (TRS), HMRC now require some estates to be registered on the TRS.
The registration of an estate is mandatory if certain circumstances apply. Failure to register an estate could result in large penalties.

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Domestic Abuse in the Home and Elsewhere. A Male Perspective

We will all have been exposed to some of the most horrific events reported in the press concerning abuse to men at the hands of women. One recent example is the case of Eleanor Williams, who was sentenced to eight and a half years concerning rape and trafficking allegations (source: The Guardian). But what if this level of abuse extends to men at home, perpetrated by their female partners?

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Discrimination in the Workplace

Discrimination cases are rarely straightforward because these days it is unlikely that employers openly treat people differently because of a ‘protected characteristic’. These are for example, age, race, disability, religion or religious belief, gender reassignment, marriage and civil partnership, pregnancy and maternity or sexual orientation.  The Equality Act 2010 is designed to prevent employees from being treated unequally and applies to all areas of employment including recruitment, selection and promotion, the provision of training, benefits, retirement, and occupational pensions.  Discrimination in the workplace can arise in any of four ways:

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Pre-nuptial Agreements and Marriages Later in Life

This is a live issue particularly these days as no-fault divorce has been introduced to lower the temperature between couples who just want to move on without acrimony.

We see a lot of partners who come to see us about buying a house together after, perhaps, previous divorces of their own or simply marrying later in life, both scenarios becoming more and more common. In these circumstances, the couple are likely to have assets of their own that they want to use to contribute towards a purchase of a home together.

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Abuse allegations in applications for child contact

Abuse allegations in applications for child contact
‘I want to see my son. His mother has told the court that I have abused her in the past, and that is untrue. What is going to happen? ‘
It is important for the court to get the right perspective of these allegations in the interests of justice and fair process. Therefore, a judge in court will decide whether to convene a ‘fact-finding’ hearing to consider allegations of abuse in detail. To make that decision, a judge is likely to consider:

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Will Disputes

If you are thinking of disputing a Will, you should first seek further information from the solicitor or will writer who prepared it.
So long ago as 1979, the Court of Appeal decided that “….to avoid costly litigation….and where there are circumstances of suspicion attending the execution and making of the will, one of the measures which can be taken is to give full and frank information to those who might have an interest in attacking the will as to how the will came to be made.”

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Unmarried adults are on the increase.

According to this recently published report by the Office of National Statistics (ONS) Marriage and civil partnership status in England and Wales – Office for National Statistics (ons.gov.uk) the number of people who have never been married or in a civil partnership has continued to rise.
Data collected from the 2021 census, shows that in England and Wales, nearly 4 in 10 adults have never married or formed a civil partnership, up from 3 in 10 in 2001. This has been a steady increase over the past few decades.

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Home Security Equipment and the Law: What You Need to Know

Advances in the technology of home security equipment and the quality, scope and range, particularly of audio, have encouraged many people to invest in such devices.  However, are you breaking the law?  If the camera records the goings-on confined or restricted to your own property, then it is unlikely the data protection regime will affect you.  If the camera records a wider view of neighbouring property or those further afield, what are the rights of those affected?

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