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Can you vape and drive?

Tell someone with a motoring law background that the theme for an article is “ smoke and mirrors” and the first thing they think of is “the vape smoke in the rear-view mirrors” and the offence of driving without due care and...

Failing to provide a specimen - drink driving

The Road Traffic Act 1988 gives the police authority to request a preliminary breath test (Section 6A) or specimen for analysis (Section 7) if they have reasonable suspicion to suspect that you are driving under the influence of drinks or drugs. Such a test...

Validity of Notices of Intended Prosecutions

Have you received a Notice of Intended Prosecution (“NIP”) from the police? This article explains what you are legally obliged to do and examines the circumstances in which you may be able to examine the circumstances in which you may be able to...

Gifting - Be aware, what you can and cannot do

With Christmas fast approaching many people choose to give cash rather than buy presents. For small gifts, there are no tax implications, but if you are considering gifting a larger sum of money, read on, as there may be inheritance tax liabilities...

Proprietary Estoppel: Guest v Guest

The law has a way of dealing with certain broken promises, the legal term for which is proprietary estoppel - see the full definition below. Typically, such claims are brought when a person has died and a promise has not been fulfilled. But in the case of...

Questions you should ask your children to encourage them to make a will

Parents want the best for their children and, in general, encourage them to plan ahead and think about the future. A part of that which, sadly, is often neglected, is making a will. You may have made a will yourself, but have you encouraged your children to...

Duties of a trustee

A trustee is an individual who acts as a caretaker for assets held within a trust. They are responsible for managing the finances of the trust in accordance with the instructions given when the trust was originally created.  It is important that a...

Difficulties surrounding a child's name in blended families

In most heterosexual relationships, children still take their father’s surname at birth. That surname cannot be legally changed without the consent of both parents or a court order.  In unmarried families this can result in the child having a...

Blended families - why it's important to have a will

In a recent study, the Society of Trust and Estate Practitioners (STEP) found that an increase in what are known as ‘blended families’ is leading to increased complexity in estate planning. Blended families are where there are children from...

Modern families and family law

The excitement and thrill of planning a new baby can - for some couples - turn to heartache as they experience difficulties in conceiving. If you are considering fertility treatment, donor conception or surrogacy, there are certain important legal aspects of...

Family disputes - how can you settle arguments over inheritance?

In recent years the number of people contesting wills has increased dramatically. One reason is that it is common for families today to be structured in a less traditional way. Second marriages are more common than they were in previous generations and it is...

What is a Special Guardianship Order?

A Special Guardianship Order is an order made by the court appointing one or more individuals to be a child’s ‘special guardian’.  It is effectively an enhanced Child Arrangements Order as the child will be deemed to live with you...

A guide for individuals: discrimination in the workplace

Unfortunately discrimination in the workplace has not been confined to the annals of history. If you are an employer or you find yourself subject to discrimination it is important to know your rights and how the law can offer protection. Discrimination...

Top 10 reasons to review your will

With spring around the corner, why not take the opportunity to do a spring clean and tidy away your copy of your will? Whilst you are there, it is a good idea to check through each clause in your will to see whether your personal circumstances have...

Property advice - buying and selling can be daunting

Buying and selling property can be a very daunting prospect for most. At Birkett Long we take the pressure away, at least when it comes to the legal work involved.  However, before you instruct us, there are some things to think about. Buying a...

Smoke on the water

A recent discharge of diesel fuel into the River Chelmer has highlighted an area of pollution which is becoming a growing concern, leading to an increase of prosecutions and fines. According to Birkett Long environmental law specialist David Rayner , it is...

No Penalty for Driving While Using Mobile as a Dictaphone

The comedian Jimmy Carr was recently successful in using a loophole in the law to avoid a fine for using a mobile phone whilst driving. The argument was based on the fact that he was using his mobile phone as a dictating machine, rather than as a...

Lasting Powers of Attorney - The New Form

Author: Claire Read On 1 October 2009, the Office of the Public Guardian introduced the new Lasting Power of Attorney (LPA) forms. These are much shorter and simpler than the old style LPAs. Originally, the LPA forms were introduced to replace the more...