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Services Page
Range of Services
We offer legal advice in a range of areas including Family, Commercial, Domestic Conveyancing, Wills and Probate, Personal Injury, Consumer and Contract, Landlord and Tenant, Trusts, Housing and Business Services.
We undertake work for both private clients and businesses. At our Sittingbourne office, we hold a General Civil Contract with the Legal Services Commission so are further able to undertake publicly funded/legal aid work.
Service Standards
We aim to offer all of our clients an efficient service. However should there be any aspect of our service with which you are unhappy and which we cannot resolve between ourselves, you may wish to raise the matter with the firm’s Senior Complaints Partner Mr. G. V. Pope.
During our retainer we will do our utmost to try to ensure:-
Responsibilities
We will also do our utmost to ensure:-
Wills & Probate
To achieve peace of mind and avoid unnecessary stress everyone should have a Will. If not, strictly applied rules will govern who gets what.
We will be happy to discuss your wishes and intentions, advising all relevant implications, pitfalls, and prepare your Will. You need to consider the appointment of Executors to handle your estate after your death, divide your property and set any conditions. As circumstances change, we will be pleased to assist on any necessary amendments to your Will.
Whether we are appointed as Executors within a Will or individual Executors wish to instruct us, we will guide you sympathetically and efficiently through the various administrative procedures and formalities, including applications for Probate or Letter of Administration (where there is no Will), taxation and winding up of the estate.
The Court of Protection
The incapacity of a friend or relative through physical or mental disability can be a distressing time.
We do our utmost to provide a clear and focused view to ensure that vulnerable persons are adequately protected, and, at the same time, minimising the burden on those closest to them.
We are able to advise and assist in the making of Lasting Powers of Attorney and/or applications to the Court of Protection.
Employment Issues
Legislation has increased the levels of compensation available for claims for unfair dismissal, redundancy, discrimination and other Employment Tribunal claims, making this area of the Law all the more important for both employees and employers.
We are able to advise on the prospects of commencing or defending any claim before the Tribunal.
Commonly asked questions :-
Q. Is there a need for a Contract of Employment?
A written Contract of Employment is useful but not necessary, Laws are in place to protect workers, whether or not they have a written contract. Every employee has a legal right to receive a written statement setting out basic terms of employment.
Q. What is the minimum to be paid?
In the UK there is now a national minimum wage. Employees cannot be forced to sign away rights to the national minimum wage.
Q. How many hours can an employer make an employee work?
Any Employment Contract or written Statement of Terms should set out normal working hours. Working hours are subject to the Working Time Regulations.
Q. What can be done if an employee feels that he/she has been unfairly dismissed?
If an employee has been dismissed (by redundancy or otherwise) and feels that they have been unfairly treated, they may have a contractual and/or statutory claim.
Q. How can compensation be claimed in the event of unfair dismissal?
There are time limits that need to be complied with when making a claim for unfair dismissal and/or redundancy.
Q. What can employers do if there has been any discrimination?
Laws are in place preventing discrimination of the grounds of sex, race or disability. There is further protection afforded to part-time workers.
Family Law
Separation, Divorce, Children and Ancillary (financial) Relief
We can act on your behalf in relation to your separation, divorce, or any issues as to children or finances that may arise.
Residence and Contact
We deal with any disputes that there may be regarding children, for example residence (custody), contact (access), parental responsibility, prohibited steps and specific Issue Orders.
In the event of any emergency, we can obtain urgent Court Injunctions. If you do decide to divorce or separate, it is best to keep things as civil as possible. We take a sensible approach and conciliatory approach to family law in an effort to keep things as amicable as possible.
Pre-Nuptial Agreements
Although not necessarily upheld as binding, a Court can take into account Pre-Nuptial Agreements if properly drafted provided that they are fair and there has been the opportunity to obtain legal advice.
Separation
A decision is not always made to divorce, but simply live apart. Although no formal legal document is required, it is usually advisable to record any agreement in what is known as a Deed of Separation. A Deed of Separation can cover all financial arrangements as well as deal with issues regarding the children and any plans to divorce in the future.
If financial matters cannot be agreed on separation, there are ways of obtaining maintenance from your partner through the Courts, as well as through the Child Support Agency for child maintenance.
Divorce
To obtain a divorce, the Court has to be shown that the marriage has ‘irretrievably broken down’. This can be proved by relying upon one of five facts, including adultery, unreasonable behaviour, desertion and separation (either two years with consent or five years without consent).
If both parties agree, there is usually no need for either to attend Court. The divorce will be dealt with administratively by the Courts.
Children
Parental responsibility is a legal term used to describe all the rights and duties parents have towards their children. When a child is born, the mother automatically has parental responsibility. If a child was born after 1 December 2003 and the father's name appears on the birth certificate, he will likewise have parental responsibility. If not, an unmarried father can acquire parental responsibility by way of agreement or Court Order. Children born to parents who are married or subsequently marry both have parental responsibility.
If arrangements in respect of any children can be agreed, there is usually no need for a Court Order. If an agreement cannot be reached as to where the children should live or how often they should see their other parent, or other issues (eg. schooling), an application may have to be made to the Court.
Financial Support for Children
When an agreement cannot be reached, issues in relation to child maintenance are generally governed by the Child Support Agency.
In cases where the Child Support Agency does not have jurisdiction, an application can be made to the Court in the absence of any agreement.
Finances
When deciding financial provision, the Court has extremely wide and flexible powers to make Orders in divorce.
Orders can be made for maintenance (for husband, wife or children), lump sum payments, transfers of property, deferred Orders for sale, as well as share on pensions funds.
In the event of separation or divorce, consideration needs to be given as to the making or reviewing of any Will. If there are children, financial provision will need to be considered, as well as the appointment of a Guardian.
Domestic Violence
As well as the possibility of criminal proceedings, the Family Courts have powers to grant Injunction Orders offering protection to the victims of domestic violence.
Other emergencies may include threats of children being taken from one parent by another.
In such cases, applications can be issued with the Court and orders can sometimes be made initially without the other party being given notice.
Conveyancing
Buying and selling property can be stressful at the best of times! The residential conveyancing team at POPE & CO are on hand to help make the process run as smoothly as possible. Straightforward and quality advice is offered in all aspects of residential and commercial conveyancing. We are on the panel of the major mortgage lenders and have established good relationships and strong reputations with property agents and other conveyancers. Much of our business is through word of mouth recommendation.
We offer advice and representation of a variety of issues including :-
Aspects of the work covered by the conveyancing team overlap and complement the services that we offer. For example, you should review your personal financial arrangements (e.g. Wills) and other provisions for dependants when purchasing or selling property. Any member of our team would be pleased to offer you further information and advice on any related service.
Landlords & Tenants
The law for Tenants and Landlords is complicated, and your rights will depend upon the type of Tenancy Agreement there is.
Private Tenancies
Most people have one of the following types of tenancy:-
Some people may be ‘licensees’ and therefore have fewer rights than tenants. We would be able to advise you in relation to the following:-
Personal Injury
Accidents happen, whether on the road, at work, pavement trips, occupational diseases or fault products. Funding of claims can be dealt with privately on a ‘No Win, No Fee’ basis.
Never assume that your injuries are not worth claiming for. The first interview will be free and we will tell you your chances of winning the case, how much it may costs, and what other schemes are available to help.
Debt Recovery
Whether an individual or business, if you are owed monies, we are able to assist in recovery. We offer advice and representation on the following areas:-
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