Young Pianist’s Family Wins An Appeal To Practice After Noise Complaints From Neighbours

One of the most common causes of disputes between neighbours is noise. According to Curry Popeck, solicitors in Harrow, in such cases it is always best to try and resolve the problem amicably with your neighbour before complaining to the police or council. Your approach should be constructive and it’s always advisable to suggest ways of solving the problem rather than just making a complaint.

There may be legal solutions available but they should be the last option, suggest Curry Popeck solicitors in Harrow. Seemingly small issues such as noise can become a cause of friction among neighbours, as occurred recently with the Carrabino family and the Baptista family in Kensington.

In this recent case, the family of two young musician of the year finalists, locked in a court battle with the neighbours over their son’s piano playing, won the right to practice for a few hours daily after a series of court proceedings.

The Carrabino family’s next door neighbours, the Baptista family, blamed the pianist brothers’ constant rehearsals for making their lives miserable. Efforts to resolve the matter amicably failed, which then led to a long court battle.

The Carrabino family in their defence said that the brothers had been practicing for almost a decade without any complaint from the neighbours and because the Baptista family’s plans to build a mega basement was rejected by the Carrabinos, they were acting out of revenge.

Siding with the musical prodigies, District Judge Elizabeth Roscoe, said, “Play is absolutely an entitlement unless its extent makes it a nuisance.” She found that the terms of the notice served by RBKC were not reasonable bearing in mind the nature of the activity, so she ruled that the young pianists could practice for up to five hours a day, Mondays through to Saturdays between the hours of 9am and 9pm, up to three hours before 5pm on a Sunday, and hold six concerts a year for relatives up until 10:30pm.

She even asserted, “It is unfortunate that there is a poor relationship between the neighbours here.”

According to Curry Popeck, Solicitors in Harrow, “The best way to resolve such issues, is to try to avoid having them in the first place. The ideal approach should be to informally address such issues and if you already have an open, amicable relationship this can help. “

However, if resolving a noise dispute amicably with your neighbour is not possible, then there are ways to resolve the matter legally.

Talk to the experts at Curry Popeck to get the best legal advice on dealing with such cases. Their expert solicitors would be happy to assist you with your dispute resolution or litigation matter. They can provide you with extensive knowledge and expertise across a wide range of areas of the law. To find out more, visit- http://www.currypopeck.com/Curry-Popeck-Girl2

How To Avoid Will Disputes In ‘Silver Divorce’ Cases?

‘Silver Divorces’, or divorces between those over 65 have become quite common in the past few years, advise Curry Popeck, solicitors in Harrow, Middlesex. With an increasing number of people opting to divorce later in life, there’s a growing trend for will disputes to arise within the families, with inheritance disputes mainly occurring between children and partners from first and second marriages.

According to Curry Popeck, solicitors in Harrow, ‘Silver Divorces’ often lead to family disputes because of outdated Wills. In the absence of a Will, rules of intestacy apply which states that the widow or the widower receives the first £250,000 of the value of an estate.

The disputes largely arise from the children who had expected to inherit the parental property but are then left disappointed.

Before their divorce, the couples usually assume that they will leave everything they have to their children, but when they remarry after their divorce and fail to update their will, disputes arise between their new family and the children from the previous marriage

“Disputes of this kind can be avoided by having someone ensure that the Will is up-to-date and the interests of all the possible beneficiaries are taken care of”, state Curry Popeck, Harrow solicitors.

Apart from that, it is important to seek early advice on how to avoid contested court proceedings. Such situations can be stressful to deal with, where people who had carefully planned for life after retirement are faced with a situation like this. It is therefore important to carefully understand the factors that will influence the division of available assets.

The understanding of the issues and having a specialist by your side, who has a good understanding of such cases, will permit the divorcing couples to reach an agreement and avoid the possible risks and costs of contested court proceedings.

The division of assets may be complicated by tax issues and many other factors, so advice from an expert who has good experience of dealing with such issues is very important.

In the absence of expert guidance and lack of understanding of such issues, negotiations break down and an opportunity to reach an amicable agreement may be lost and the parties can be forced to turn to the court.

If you are faced with a similar situation, you should contact Curry Popeck’s experienced solicitors who will advise on the form of the Will, appointment of executors/guardians and also on how assets could be distributed. They will also help you structure the Will in the correct way in order to avoid future disputes. Even if your circumstances have changed and your Will is no longer applicable then they will help you amend it to help you avoid contested court proceedings.

If you have any questions relating to the issues raised in this article, please contact Curry Popeck on 020 8907 2000 or visit:-

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New Domestic Violence Law Offenders Could Be Punished With Up To Five Years In Jail

The new domestic violence law that could see perpetrators jailed for up to 5 years came into force in December 2015.  This law states, amongst other things, that partners who cause severe psychological harm through controlling behavior can be jailed for up to 5 years.

According to Curry Popeck, solicitors in Harrow, “Emotional abuse is not publicised as much as physical abuse, but it can be just as damaging to a person’s health and overall well-being. It limits victims’ basic human rights, such as their freedom of movement and independence and therefore, the new domestic law is a welcome move towards deterring such behaviours in relationships.”

The new legislation will enable the Crown Prosecution Service (CPS) to bring charges where there is evidence of repeated, psychological abuse within an intimate or family relationship.

According to the CPS, psychological abuse can include humiliation and intimidation, a pattern of threats, or stopping a partner from socialising, monitoring someone’s social media accounts, surveillance through apps or dictating what they wear.

Under Section 76 of the Serious Crime Act 2015, controlling or coercive behaviour is defined as causing someone to fear that violence will be used against them on or generating distress alarm that has a substantial effect on their usual day-to-day

Curry Popeck, London solicitors, say that due to the gaps in the earlier domestic violence law, perpetrators of domestic violence could psychologically abuse their victims without criminal consequences. This encouraged the perpetrators to continue their abusive behaviour and left victims without the sufficient criminal justice safeguards to protect them.

The new change in law will lead to agencies being able to intervene before it’s too late and possibly save lives too. However, it is vital that the new law is coupled with increased awareness among the public, and comprehensive professional training for all agencies that deal with domestic abuse. Apart from that it is also important for the frontline police officers to truly understand coercive control and the impact it has on victims.

The government should also ensure that the victims of abuse receive all the support they need, including legal aid.

Curry Popeck, Harrow solicitors , hail the new law as an important step forward in protecting victims of domestic abuse and helping them find a way out, but wider awareness across the public and the agencies dealing with victims would make an even bigger difference in tackling domestic abuse.

If you have any questions regarding the issues raised in this article, contact Curry Popeck Solicitors at-http://www.currypopeck.com/

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Curry Popeck, London solicitors, provide tailored solutions to all legal issues relating to corporate law, litigation and dispute resolution, employment law, family and property. From complex family law to commercial and residential property transactions for both private individuals and corporate entities, our team of experts have the expertise to achieve the desired results.

Can You Bring A Financial Settlement Claim Many Years After Separation?

After the long and wrenching process of divorce, the financial settlement stage often comes as a relief to divorcing couples. However, an important point to note here is that a former spouse is entitled to pursue their ex-husband or wife for support, even years after divorce if no financial order was made at the time, state Curry Popeck,’s Harrow solicitors .

Currently, divorcing couples can obtain a Decree Absolute without a financial order, so it is very important to record all the financial matters in a court order to prevent opportunistic claims later, suggest Curry Popeck solicitors in Harrow Middlesex. The case of Wyatt v Vinceis a case in point: In Wyatt v Vince, the court ruled that Kathleen Wyatt, ex-wife of energy supplier Ecotricity’s founder, Dale Vince, could proceed with a claim against her former husband 20 years after their divorce.

Ms Wyatt and her ex-husband, Mr. Vince, married in 1981, separated in 1984 and were divorced in 1992.After the divorce, Vince went on to found the renewable energy company Ecotricity and generated significant wealth.

Kathleen Wyatt, began a claim for a lump sum of £1.9m and legal costs, 18 years after the divorce, in 2011.However, Mr. Vince appealed against his ex-wife on the basis that she had lodged the claim too late.But five Supreme Court justices unanimously ruled Ms Wyatt’s case should go before the family court. The Supreme Court, however, did question the amount of financial relief sought by Ms Wyatt and suggested that a much more modest award would be appropriate for her.

They remarked that herclaim was “legally recognisable” and not an “abuse of process”, considering her ongoing care for the children of the marriage without any financial contribution from her former husband.

This is a striking ruling that highlights the fact there is no time limit for ex-spouses to apply to a court for a financial settlement following a divorce.

So, it is very important for the divorcing couples who want protection from such claims, to obtain a consent order from the court at the time of the divorce, in which they both agree that there will be no further financial claims.

According to Curry Popeck, solicitors in Harrow, even in amicable cases of divorce, it is very important to have a consent order drawn up, to prevent any future problems.

The high profile case of Wyatt and Vince has encouraged more divorcees to pursue claims after divorce. If you want to prevent any such problems or would like to contact Curry Popeck, solicitors, regarding your financial settlement then please visit their website- http://www.currypopeck.com/

Curry Popeck, Harrow solicitors, have more than 30 years’ experience of delivering clear legal and commercial advice to clients. From complex family law matters to corporate law, they can provide you with the best legal advice to help you in the most difficult of times.sidepic-about

The Importance Of Hiring A Solicitor To Prepare Your Will

When you decide to draw up your Will it is one of the biggest financial planning steps you will take. While making a Will is important, it is also very important to hire reputable solicitors, like Curry Popeck,Harrow Solicitors,who will ensure your Will has been properly written and is legally binding. Failure to do so can have the same effect as not having one at all. By not choosing an expertsolicitor to write your Will, you risk leaving your family with nothing. This was shown in a recent case where not choosing a reliable Will-writing solicitor resulted in the beneficiary losing a stake in her father’s property:

A person named Ebenezer Aregbesola decided to prepare his Will in 2007. Instead of going to a trusted solicitor, he contacted his bank, Barclays, who offered a £90 Will-writing service.

Ebenezer owned assets and properties both in London and overseas and wanted his daughter, TinuolaAregbesola, to receive his half share in the London property that he jointly owned with his wife.The Will was prepared by the bank, specifically mentioning the gift of his share of property to his daughter.

Ebenezer died in 2014, and his daughter thought that she would be inheritinga half share of his father’s London property.

At the time of writing the Will, Barclays did not investigate the mode of ownership of the property, which was owned as Joint Tenants. According to Curry Popeck Solicitors in Harrow, when a property is owned as Joint Tenants, upon the death of the first owner, the property will automatically pass into the sole name of the survivor, regardless of what is written in the deceased’s Will. The property must be owned as Tenants in Common in order for a share in a property to pass under the terms of a Will to someone other than the surviving owner.

As a result, the gift of the property in Ebenezer’s Will failed and the whole property passed into his wife’s sole name.

 

Ebenezer’s daughter sought compensation from Barclays. After an investigation, the Legal Ombudsman found in her favour and ordered Barclays to pay “a fair and reasonable settlement”.Barclays however, decided to ignore the Legal Ombudsman’s ruling and the matter is now set to be heard before the High Court.

There are many Will-writing services out there which will cost you less than using the services of a good solicitor. Although they may seem like the perfect middle ground between doing it yourself and paying a solicitor, it can be a risky and costly affair in the long-run.

Don’t let your loved ones end up in a difficult position; always choose trusted solicitors like Curry Popeck solicitors in Harrow,who can provide you with extensive knowledge and expertise across a wide range of areas involving Wills and Lasting Powers of Attorney.

If you want to discuss anything regarding the issues raised in this article or want to schedule an appointment, visit-http://www.currypopeck.com/home-slides-pic-1

Welfare of child always paramount in adoption cases

In almost every adoption case where the court has to make a decision about a child, it is the welfare of the child that the court must consider as it is the principal concern of the court in care proceedings,state Curry Popeck solicitors in Harrow.

The rights of the parents are of much lesser importance in such cases. Recently, a judge opened the way for the adoption of a seriously ill baby boy after ruling  that it was in the best interest of the child and that his mother’s love alone would not be enough to meet his needs.

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The boy was born 12 weeks prematurely and weighed just one kilogram at the time of birth. The child had chronic lung problems from birth and needed a constant supply of oxygen and monitoring day and night. His mother, in her 20s, who had a history of mental health problems and was deemed by the local council’s social workers as lacking essential parenting skills, was not allowed to take him home from hospital and the baby was placed in foster care against her wishes. Usually a child enters foster care when the court or the family decides that the child needs a safe place to stay for a while. Foster care is supposed to give families time to make changes while the child stays in a safe place.

The mother challenged the council’s decision, which was rejected by the High Court, which ruled that placement in foster care was in the best interests of the child. Although the court acknowledged that the mother genuinely loved her child and her parents had offered to help her with his care, the boy’s health needs could not be met by his birth family within a reasonable timescale. Further delay in his adoption would compromise his ability to make permanent attachments to his new family.

Child care proceedings are always emotional and the issues raised can be complex, but the best interests of the child or children have to be considered always and expert legal representation is essential.The rights of the parents cannot be denied but where their rights conflict with what is best for a child, the child’s welfare wins.So, it is always helpful to get into the habit of talking about things from the point of view of the child and not you, suggest Curry Popeck’s experienced solicitors in Harrow.

Curry Popeck have specialist accredited lawyers, who have dealt with some of the most challenging cases and have successfully helped their clients get the best results so, no matter how large or small the case, contact Curry Popeck solicitors, for the best legal representation.

To schedule an appointment, visit-http://www.currypopeck.com/

A company has the right to take action against a misbehaving employee

A company runs on the wheels of discipline, rules and regulations. Everyone in a company, whether, it is the employer or an employee, has to follow a certain code of conduct. While normally, most of the employees are well behaved, some have a propensity for using aggressive behavior against others. The main aspect of having employment law is to ensure that every employee is working in a safe environment, state CurryPopeck,solicitors in Harrow. If you are an employee or an employer, you have to obey the employment law within your area. If an employee fails to act appropriately and behaves in an undesirable manner then the employer has the right to take action against that employee as per the UK’s employment laws, as happened in this case in which a company sacked an employee involved in a fracas:

The case involved two employees who attended a corporate social event and were told that they would need to maintain good behavior throughout the event. However, they began drinking and started showing inappropriate behavior. The two got involved in a fight, which soon took an ugly turn, resulting in one of them punching the other in the face.

The employee who was punched in the face, later sent text messages to his attacker, threatening to take revenge. However, he did not carry out the threat.

The company held disciplinary proceedings against both employees. The attacker was sacked but the one who merely threatened was given a final written warning.

The Employment Tribunal held that the dismissal of the attacker was unfair stating that there had been inconsistency in the way the two men were treated.

That decision was later overturned by the Employment Appeal Tribunal, which held that the law recognised that there may be a range of reasonable ways in which an employer may react to circumstances that give rise to dismissal of an employee.

According to Curry Popeck solicitors in Harrow, the employer’s treatment of the case fell within the band of reasonable responses as the actual punch in the face was different to a mere threat that was never carried out.

Employment law is a rapidly changing area requiring expert knowledge and advice. The team of expert Employment Solicitors at Curry Popeck specialises in all aspects of employment law and strives to help employers, business organisations and employees in all matters pertaining to employment law.

For bespoke advice on any employment law issue please, contact CurryPopeck, one of the most experienced Harrow law firmsin Middlesex. Their professional solicitors have more than 250 years’ experience of delivering clear legal and commercial advice to clients in different areas of law including Corporate Law, Employment Law, Family Law, Dispute Resolution, Property Law and Sports and Entertainment Law, which has made Curry Popeck one of the most reputed and experienced

To schedule an appointment, visit their website-http://www.currypopeck.com/or simply call them at-020 8907 2000.