Kent Solicitors

In a recent case the Court of Appeal held that when determining a boundary dispute the Court is entitled to look at evidence of the physical features of the land to decide the position of the boundary, where the conveyance and plan are not clear.

The Appellant (A) and the Respondent (R) purchased land from the same vendor. The properties were separated by a stream. Both parties believed that the stream belonged to them. The conveyance to R provided that the boundary belonged to the land purchased by A. At the time of purchase a fence ran alongside the stream on the property purchased by A. The Judge found that the position of the fence would be considered by a reasonable person to be the boundary of the land, even thought the conveyance was not clear on the issue.

The Court of Appeal upheld the Judges decision. Provided the Judge relied on the physical features of the land and not the evidence given by the parties as to their beliefs, the rule that extrinsic evidence could not be admitted where it contradicted the clear terms of a conveyance, had not been breached.

Labels: admissibility, Boundary, extrinsic evidence, physical features

When considering where children are going to live after the breakdown of a relationship, the first and most important consideration is what is best for the child or children. They are the focus and their welfare is paramount for it will be the children who will be dividing their time between two households.

Nowadays with often both parents working, a shared residence Order (SRO) may be the “the best practical” solution. However, first, the question of housing needs to be investigated: will both parents have access to suitable accommodation in which the children can reside?

A SRO does not mean that the children have to spend equal time 50/50 with each parent. It could state a 60/40 division or a 65/35 division. It means that the children would be living and sharing their time with each parent instead of living with one parent and having contact with the other.

Surely, shared residency would also eliminate the far too often view from children who feel that they have been “abandoned” by the non resident parent (NRP) who far too often are allowed contact every other weekend.

Further more and although not primarily the issue, a SRO may also bring with it the additional advantage that both parents are equal in the eyes of the law and they have equal duties and responsibilities as parents. It also conveys the message that neither parent is in “control” and that the Courts expect parents to co operate with each other for the benefit of their children

However, one has to be realistic when dealing with where the child/children live and each and every case will depend upon on its own facts.

Parents need to consider their motives and must not get confused with “what is best for me” and remember that it is “what is best for my children.

The Childrens Act 1989 points out some of the circumstances that must be looked at when considering a SRO and the welfare of the child. They are

(a) the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);

(b) the childs physical, emotional and educational needs;
(c) the likely effect on the child of any change in his or her circumstances;

(d) the age, sex, background and any characteristics of his/hers which the court considers relevant;

(e) any harm which he/she has suffered or is at risk of suffering;

(f) how capable each of his/her parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his/her needs;

In conclusion, SRO is no longer only made in exceptional circumstances. However, the parents need to be realistic about the children’s living arrangements for they are rarely practical.

Ideally, parents should try and co operates together, in the raising of their children: putting their children first and trying to ensure the child is unaffected by the disruption that separation/divorce brings.

Remember that each case is unique and it is important to understand all the facts.

Labels: children shared residence divorce separation

Trespass to Land can take unusual forms. In a recent case a freeholder was awarded damages in respect of an advertising hording erected on a wall abutting his property that trespassed in the airspace above his land. However, if this happens to you, don’t expect to be awarded the full amount of the income earned by the advertising hording.

The Court of Appeal found that trespass is an unusual tort and damages should be assessed on the basis of the use of the land and the benefit actually obtained by the trespasser. Thus in most cases, damages will be awarded using a hypothetical licence fee for the occupation of the land which will not amount to 100% of the profits earned.

Labels: damages awarded, land trespass

A parent who does not live with their child (“non-existent parent”) is under a duty to pay child maintenance to the child’s primary carer for the child’s living costs.

The amount of child maintenance can be agreed between the parties, agreed in a court order or either party can apply to the CSA who will then make a calculation based on the net income of the non-resident parent. See the CSA website for guidance http://www.csa.gov.uk/

Please contact Kaslers Solicitors LLP if you have any questions or would like to book an appointment to discuss you situation in the strictest confidence.

Labels: divorce, family, financial support, non-existent parent

Chris Lodge, Head of the Road Traffic Accident Department at Kaslers Solicitors LLP, has been busy creating pod casts. 

To listen to the podcasts, where he discusses "Making sure everything is in place at the start of the journey" and "What you need to do at scene of an accident" click here

Labels: car accident legal advice

If you have no or are on low income, you may be able to apply for spousal maintenance from your husband or wife. This will supplement your income and allow you to support yourself after divorce.

The court would look at the income and outgoings of both husband’s and wife’s income in order to decide what is a fair amount.

Child maintenance for children is calculated separately to any spousal maintenance you may receive for yourself.

For help and advice on divorce contact Satvinder

All registered companies in the United Kingdom, whether LLP’s or registered branches of foreign companies, must display on their websites and on all hard copy or electronic documents such as business letters, order forms and invoices the following information:

The company’s name (and trading name if applicable):

• Place of registration

• Company Number

• Registered Office (PO Box Numbers are not permissible)

• VAT Number

• Whether it is a member of any trade of professional body

• Contact Details

Additional information required, if applicable:

• If it is an investment company, the fact that it is an investment company must be stated;

• If the company’s share capital is referred to, the reference must be to it’s paid up share capital;

• If the company is being wound-up, the fact that it is being wound-up must be stated;

Where a website relates to overseas business, the regulations only apply to those parts of the site relating to business in the UK.

For help and advice contact us

Labels: legal advice king hill, website disclosure

The actual divorce process (as opposed to sorting out the finances and or children) usually takes between five and six months in straightforward cases.

The parties’ finances and children will be dealt with separately to the divorce.

The “Decree Absolute” (which is the actual Court document confirming the divorce) is often deferred until the finances have been resolved.

For help and advice contact Satvinder

Labels: divorce, family, legal advice

The assets and finances of the marriage are called Ancillary Relief. These are the assets held in the joint and sole names of the parties, including the matrimonial home, income, savings, pensions, investments or other property.

In most cases the starting point will be an equal division of the matrimonial assets between the husband and wife.

The court will consider what is fair in light of the factors such as the length of the marriage, the age and needs of the parties, the children’s needs, and the income and earning capacity of the parties.

For help and advice contact Satvinder

Labels: ancillary relief, divorce, finances

All of the UK’s internet service providers (ISP’s) will start collecting the details of customers who unlawfully download films, music and TV programmes from early next year, in order to send them warning letters under the code of practice proposed by the media regulator Ofcom. This is implemented from the new government legislation the Digital Economy Act.

If you believe your work is being downloaded illegally please contact Luke English to discuss.

Labels: illegal downloading, legal advice

The UK Intellectual Property Office (IPO) has announced that it will reduce the examination time for international patent applications from 18 months to just 2 months under their new fast track process.


If you would like to patent your product or extend the protection from the UK to Europe, then contact Luke English to book an appointment to discuss it further.

Labels: intellectual property, legal advice, patent applications