mosshaselhurst solicitors

Introducing Katie Bailey and Joanne Charles

Hello My name's Gerry Rooney and I'm the Senior Partner here at mosshaselhurst. Welcome to the inaugural mosshaselhurst e-newsletter. In this first issue we have asked Katie Bailey and Joanne Charles to host the content of the briefing and we hope you like it. On your left is Katie, who is a fully qualified solicitor and on your right is Joanne, who is our recently appointed new partner here at mosshaselhurst.

On a quarterly basis we hope to bring to you, our clients and potential clients, a number of interesting and relevant articles that may impact on both business and personal life from a legal stand point. Together with this we are looking to introduce interactive items that will encourage you to participate and even provide feedback and further content for future e-newsletters.

So I'd like to hand you over now to Joanne and Katie, I hope you enjoy this quarter's e-newsletter and next time I'll be happy to introduce two more members of the team who'll do the same job.

Thanks Gerry and hello from Joanne and Katie. Below you will find that we have questioned a number of team members in relation to some current hot legal issues. We hope that you find them useful and informative.

On the left we've provided links to what will become regular quarterly features of our newsletter.

We have a learning point this quarter delivered by Sue Lever our Conveyancing Executive. We've also added a young peoples legals link that will provide regular updates on issues that affect young people and two distinct links that are competition driven for 5-12 year olds and 13-17 year olds. There are Sandy Lane Equestrian Centre or Catton Hall Shooting ground prizes up for grabs for the quarterly winnners. Finally there's the legal crossword for the legal eagles amongst you with a book prize for the winner here.

Please browse these links, join in the fun and good luck to you all.

Home Information Packs

Katie Bailey asked Joanne Charles, Conveyancing Partner at mosshaselhurst to comment on the controversy surrounding the introduction of Home Information Packs.

It's official. If you're buying or selling a home after 1st June 2007, you will need to be Home Information Pack (HIP) savvy. Or so we thought!

The infamous packs, that were due to have been introduced on 1st June, have been 'put back' until the beginning of August. A lack of proper consultation is the reason cited for the postponement.

The pack (HIP) was to be legally required before a seller (or their representative, e.g. Estate Agent) could begin to market their property. From a buyer's perspective, the pack would've provided vital information about the property being purchased, free of charge and available before commiting to the purchase.

Katie: "Joanne, as Conveyancing Partner at mosshaselhurst what's your view on the introduction of HIPs?"

Joanne: "Buying or selling property can be a stressful process fraught with pitfalls, the introduction of HIPs should significantly simplify procedures and help save on the time spent fulfilling legal and statutory requirements for all parties involved."

Katie: "As we now understand it, when HIPS are now introduced in August they will initially be for sales of homes with four bedrooms or more is this true?."

Joanne: "Yes Katie, the rules that will now prevail will also mean that sellers will now only have to 'commission' a pack, rather than have a 'completed pack' before putting their house on the market."

Safe as houses?

Joanne: "They're designed to provide open access to more information for buyers, the provision of a pack upfront should also help sellers by reducing the chances of any stumbling blocks arising that might delay a sale."

Katie: "We've heard that a HIP will contain an Energy Performance Certificate, outlining how energy efficient the property is, together with an index of contents, a sale statement, searches and evidence of title deeds."

Joanne: "Additionally, optional documents may also be included, such as a Home Condition Report. Indeed both buyer and seller parties stand to benefit through the introduction of HIPs. As with any new development there will be a settling in period and buyers and sellers alike may have questions they need to ask. We're here to provide impartial advice and together with expert conveyancing services are happy to arrange a HIP on a seller's behalf."

Could munch lead to crunch?

With us all having busy schedules these days there's an increasing likelihood that we'll try to do three or four things at once. Joanne Charles asks Chris Johnson, Criminal Partner at mosshaselhurst for his views on eating at the wheel.

Joanne: "Chris, studies have found that eating and drinking affects the focus of 1.7% of motorists involved in accidents, whereas mobile phones - usually blamed for distracting drivers - only affects 1.5%.* - what are the legal implications?"

Chris: "Driving while holding a mobile phone now carries a £60 fine and three penalty points on a licence. Public awareness of this type of offence seems to be high,"

"However, I think the perils of eating whilst driving are much less well known. The consumption of refreshments can significantly reduce a driver's reaction times."

Driven to distraction

Joanne: "Whilst eating or drinking at the wheel may not be against the law, drivers caught on camera tucking into a sandwich or swigging from a bottle of water can be fined for careless driving and not being in full control of their vehicle. - What would you add to this Chris?"

A fine price to pay

Chris: "Well Joanne, did you know that fines are routinely being issued for eating whilst driving and at worst, if a driver's attention falls to levels deemed dangerous, this is a punishable offence with fines running up to thousands of pounds and/or a prison sentence. Furthermore a study** commissioned last year by Privilege Car Insurance and carried out by Brunel University revealed that eating or drinking whilst driving can almost double the risk of a crash. When the potential human costs come into play it becomes obvious that snacking and concentration don't mix. For safer roads we should only eat when the vehicle is stationery,"

If you have been involved in an accident, or caught on camera whilst eating at the wheel and need expert legal advice, please contact us

www.safermotoring.co.uk*

www.dailymail.co.uk/article/**

Smoking Ban

1.7.07 - a breath of fresh air...

As non-smokers the dangers of inhaling second-hand smoke are well known to Joanne and Katie and for many others alike, 1st July 2007, the date when England legally became smoke free was a welcome relief.

Katie: "It's good news for non-smokers: Smoking is banned from all enclosed public areas and workplaces, with the aim of creating a healthier environment in which we can all socialise, travel, shop, relax or work. This means an end to passive smoke inhalation and its harmful effects, and waving goodbye to the lingering stench of tobacco on clothing and hair."

No smoke without fire?

Joanne: "Smokefree, as a way to be, sounds great in theory,"

"But are public places really ready to embrace this massive change? I wonder what our Senior Partner in Litigation, Gerry Rooney thinks?"

Gerry: "The changes, in short, are: no smoking signs are to be displayed in all smokefree premises and vehicles; public transport and work vehicles used by more than one person will be smokefree; staff smoking rooms will no longer be allowed so smokers must go outside, and managers of smokefree areas will be legally responsible for stopping people from smoking. Penalties and fines will be enforced for anyone who does not comply with the new law"

Joanne:"I wonder are businesses - pubs, restaurants, sports stadiums and other public venues - truly prepared for the impact on trading levels that this new law may herald?"

Gerry: "It's difficult for instance to imagine the smoking contingent continuing to frequent its favourite haunts without being able to light up freely."

A new demographic

"Rather than experiencing a fall in footfall, businesses may be about to witness a change in demographic. After all, a clean, smokefree environment may attract newfound clientele, such as the family market - only time will tell."

For expert business advice on preparing for and enforcing the new smokefree law, please contact mosshaselhurst Solicitors on 01606 74301

Age Discrimination

We asked Ken McRae, Senior Solicitor at mosshaselhurst to detail the recent employment equality (age) regulations.

Will you still need me when I'm 64?

Yes. Up to 65 in fact. After tackling race and sex discrimination, new laws banning ageism in the workplace came into effect last October. As people are living longer, healthier lives the government believes that individuals have the right to work longer - up to the national default retirement age, a grand old 65.

A mixed workforce made up of individuals across the age spectrum can benefit employers and make for a more diverse skillsbase. But are employers adopting this attitude? Or are they discriminating on age?

"It's a time old problem. Ageism is one of the most common forms of discrimination in the workplace and in some industries it's considered endemic. Bias may be overt - for instance someone may be made redundant because they are considered to be too old for their role. On the other hand, ageism can be very subtle. Ageist comments can be undermining and destructive." said Ken

Grey matters

The Employment Equality (Age) Regulations mean:

• It is illegal to discriminate against an employee under the age of 65 on the grounds of age
• A range of workplace issues are covered by the anti-discrimination law
• Employers cannot recruit at specific ages, nor outline the number of years experience required in candidates.
• Employers must offer equal opportunities in training and development

"There are areas of ambiguity," suggests Ken McRae. "If a sound business reason for discrimination can be "objectively justified" then it may be permissible," he continues, "and the law does not apply to workers over the age of 65 years." Ken added.

Ken McRae, Senior Solicitor

If you need advice or further information regarding age discrimination at work please contact us

Well, we hope you enjoyed reading our articles, we believe that they are very relevant in today's society. Thanks very much for reading, we'd welcome any feedback and can be contacted at the following links:

joanne.charles@mosshaselhurst.co.uk

katie.bailey@mosshaselhurst.co.uk

• 

  This Quarter's Learning Point

• 

  Young Peoples' Legals

• 

  Children's Competition

• 

  The Academy

• 

  Legal Crossword