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Dirk van Heck provides a concise and informative take on the services of ShenSmith Law.

ShenSmith Law provides a unique service. Providing the benefits of direct access whilst being authorised to conduct litigation. ShenSmith is a Barrister-led Law Firm.

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“I was not driving”

In the case where the offender is not the registered keeper. The offender will receive a notice of intended prosecution subject to the police receiving the information from the registered keeper. If you are the offender. The police will be able to provide their discretion. In some instances, the police may provide the opportunity for a course to learn more about the nature of their offence. For some offences, the police deduce a fine due to the speed of the offence not being too excessive. This does differ if you are in possession of points already. It may be a matter which will be referred to the courts. Penalty points can remain on your license for up to 4 years. If you manage to get 12 points within 3 years you may receive a 6-month disqualification. New drivers have a different threshold. If they receive 6 points within the first 2 years they will be risking their license.

Our view is to seek legal advice in the first instance. We have specialist lawyers ready to provide an initial assesment. Do not hesitate to contact us. Our specialist lawyers will be able to offer you guidance and provide advice on mitigation.

When you drive for a living. It is imperative you seek legal advice especially when you could be risking your license. This could be for speeding or a general motor offence. Click below to begin.

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In today’s speedy world. Intellectual property disputes are ever becoming a challenge. It is possible to come up with a completely independent idea, however, the same idea or concept may have already been drawn up which leads to a dispute or challenge. Some companies may be accused of copying, imitating a company or simply benefiting from someone else’s intellectual property. Being accused of such things especially in the public sphere can be detrimental to a companies reputation and ultimately lead to a loss of business. If someone or a company has challenged, you or your company of such. It needs to be immediately assessed independently. We at ShenSmith have in-house an intellectual property specialist who will be able to provide immediate legal advice.

First Steps

Taking the initial step of speaking to a specialist will really make a difference. They will be able to provide you neutral stance on the dispute. Thereafter prepare for incoming disputes or challenges. The defence to any dispute must be firm and strong. This is why instructing a specialist at the earliest possible opportunity will give you the room to carry out day to day functions. Without the need to cause is disruption to your business.

Talking about your Intellectual Property, running through the finer points are imperative to prepare for any such challenge.

What happens now? Consider the following questions:

• Have you received a notice of intention?
• What have you been told so far? Are you
• Do you see the dispute with your own point of view?
• Have you been threatened with court action?
• Have you been asked to stop business?
• Have you been asked to stop using your logo?
• Have you been asked to stop selling a product?
• Have you received a demand for financial compensation?
• How will this affect your customer base?
• Will the media get involved?
• Have you found your legal representative?
• Can I combat this challenge?
• Will I receive cost for damages?

Contact us, we can put you in touch with our in-house Intellectual Property specialist. immediate advice will ensure you are steered in the right direction.

This will include correspondence if necessary. We can arrange for a letter to be sent to the other party. We are a phone call away.

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The accusation of Fraud must be dealt with urgency. It may be an individual, company or an organisation who stand(s) accused of Fraud. It would be wise to instruct a law firm to take immediate action. Actions [Instructions] may include providing initial advice, instructing an investigator. A fraud investigator will be able to investigate your matter independently, providing you with an informed opinion. A Fraud case, which if deemed Fraudulent can lead to prosecutions. With the support of a law firm behind you, it will allow your staff, your team to be able to seek legal advice where needed. It can be worrying for some individuals but the comfort of having frequent legal representation really makes the difference. Your law firm will be able to provide advice as the investigation is underway.

With a barrister providing legal advice with every step of the way. It will ensure the investigation and the investigators are following protocol at every stage. At every challenge or notion form the investigation, your law firm will be able to combat and challenge the motion. Where possible they will correspond on your behalf.

ShenSmith Law is authorised to conduct litigation, provide legal advice and represent. We can manage and provide advice at every moment. It is important to build the best defence to be prepared for all circumstance. Our Director Stephen Harvey QC can single-handedly spearhead the case. He will be in a position give you insight into possible outcomes. He is a specialist when it comes to Private Prosecutions. He will provide a unique benefit. He can directly liaise with all parties involved to asses further, where an individual, company or organisation would feel as though they are recognising the investigator. A QC barrister would be in their comfort zone. They would be in a position to challenge each and every decision if they deemed necessary.

Challenging a Freezing Order

Whilst under investigation. It is possible the investigators may apply for injunctions to prevent or hinder your activities which can be detrimental. This is where a business could collapse. A family to be unable to continue as normal. These applications to freeze assets or anything related to the fraud can be frozen under the 2002 Proceeds of Crime Act (POCA).

The law firm could challenge the order to allow the company or individual to carry on. Regular advice would allow investigated party to be ahead of any such application. Also allowing the counter argument would be ready. This could include the possible search of a property or information. Possible raids on the individual or company.

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In some cases, mediation will result in an amicable result. Mediation is necessary. Even in court up till the final hearing. The court would like to see the two parties trying to resolve the matter.

In difficult situations where one party is not willing to cooperate. The courts need to make the final decision.  Before you can go to the courts for a final decision. They do want to see you have tried to resolve this. This generally refers to mediation. Here is a link to National Family Mediation | We Help Families in Conflicthttps://www.nfm.org.uk/. Or https://www.familymediationcouncil.org.uk

When mediation is ineffective. One parent may wish to challenge the other parent. If one parent’s Child Arrangement proposal is not in the interest of the child. It can lead to further disputes. The child’s interest must be pivotal. It must be the primary focus. However, when dealing with a former partner it can difficult. Especially if the relationship did not end amicably.

What we find is Mediation is a chance to discuss possible middle ground. It can be difficult to find the middle ground. Especially when two persons have had an emotional relationship. It is hard to see the obvious or reasonable. This is where a mediator or middle person can be useful.

Do I need a Child Arrangement Order [CAO]?

In some cases, the only solution is a court order. The court becomes an order that must be followed. It would be an offence to not follow the order set out.

Mediation Failed?

In events when Mediation is not working. Then a parent or guardian may apply for Child Arrangement orders generally with a C10 form.

10 Things to Consider when Child Arrangement Mediation Fails?

1. Did both parties agree to Mediation? This could be a Parent or a Guardian.
2. What was agreed in Mediation? if anything.
3. What are the main disagreements?
4. Will the Child be affected by the disagreements?
5. Are they reasonable proposals from the other party?
6. Why was mediation necessary?
7. Will you be making an application to the court for a Child Arrangement order?
8. Can a barrister help with the application form [C100]?
9. Will I need a Lawyer to take to court?
10. Are you being reasonable? If so, where can you compromise.

The other party did not agree to Mediate, what should I do?

We always suggest. seeking initial legal advice. To asses your position we can arrange a conference.

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A clear dispute between two parents. When one parent or both cannot agree. A child arrangement order may consider a child or multiple children. The aim would be to find a middle ground for both parties.

One of the pivotal issues we discover when we speak to our clients tends to be an issue between the parents. It can be difficult. Some clients issues derive from geographical matters. Where one parent may be in a new relationship. They have decided to relocate with the children. Where does this leave the non-resident parent? 

We have had instances where a parent moves to another country.

Where a child is or has become alienated of one parent?

This can impact the children and the parent. We have had instances where a parent has to instruct an independent specialist. This could be a Psychologist who would interview the children and the parents to understand everyone’s position. It can be costly. It can be draining. We have seen the matters go beyond what the client was expecting.

As a parent who wishes to have a reasonable amount of contact with their children. It is hugely impactive on their finances. The cost associated can lead to some parents turning away. What we have discovered the cost become more manageable when they engage the specialist barrister directly. The specialist barrister has the direct benefit of being able to carry out work where needed. Otherwise, the client can take control of their matter.

Where a client has instructed a solicitor they are comforted by the fact a person is available. We can offer a similar service. The specialist barrister can liaise with client’s regularly and as frequently as they choose.

Are there issues of trust between the parents? What about new partners? We have found this be a common issue. When a relationship breaks down and they part ways. It is inevitable one or both will move on to further relationships. This can lead to doubts over trusting the new partner. How do you as a parent deal with this challenge? 

10 Questions to Consider about Child Arrangement Orders

1. Where do the reasons for not agreeing on Child Arrangements originate from?
2. Are there geographical concerns? How will you see the children if they move way?
3. How do I challenge the decision of the resident parent?
4. Can I choose which school the children attend?
5. How can I get more involved in the decisions that affect the children?
6. Will I be able to see my children over the holidays?
7. Can I disagree with the resident parent about the children relationship with their new partner?
8. How do I prove the children have been alienated against me?
9. Can I instruct a specialist to asses the children for me?
10. How much will a child arrangement order cost?

A specialist barrister can provide you with guidance on these matters. Majority of these concerns can be assessed by a barrister. It is difficult but managing the cost can make a difference. After an initial conference with a barrister, you will be in a position to understand. You can understand what the process will involve. This can give you an insight into the possible cost.

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