Frequently Asked Questions
These are frequently asked questions.
Personal Injury
- Can my case be funded by a "no-win no-fee arrangement"?
Our personal injury department offers a free first interview. At that interview we will assess your case and discuss the possibility with you of proceeding on a no win no fee arrangement, known as a conditional fee agreement.
Conveyancing
- How much will it cost?
Our conveyancing department will be happy to give a personal quote for your particular transaction.
You can find cheaper quotes on the internet and elsewhere.
But… these are not always what they seem. You need to ask:
Who will be dealing with my matter? Will they be properly qualified? How much experience do they have? Will they be able to cope with problems or difficulties if they arise? Is the promise of “no hidden charges” genuine – or are overhead costs like “photocopying, faxing and telephone” being added on as “expenses” to keep the fee down? If I want or need to meet my solicitor do I really fancy a trip to Northampton/Manchester/Birmingham….?
With conveyancing as with everything else in life, you get what you pay for. - How long will it take?
This will depend on whether you are just buying a house, just selling a house, or doing both simultaneously. It will also depend on whether or not you are in a chain of transactions, and if so how long the chain is. You will appreciate that trying to co-ordinate a chain of people all wanting to move on a particular day, and finding a day suitable to all is a far from easy task. In general however we would strive to complete your transaction within weeks. - Home Information Packs
Kenneth Bush Solicitors are able to provide competitively priced Packs, efficiently minimising delay in marketing your property. Instructing Kenneth Bush to prepare your Pack will provide peace of mind by ensuring your Pack is compliant with all legislation, having been prepared by qualified professionals. Kenneth Bush can offer expert advice on additional documents to include in your Pack to enhance the sale of your property reducing the time to exchange of contracts.
For more information on Home Information Packs contact our HOTLINE on 01553 817922 or call in to any of our offices.
Family
- How long will it take to get my divorce through?
On average this will take six months. It may be quicker, particularly if there are no children involved. More complex cases may take longer. We have found that six months is the average. - Will my ex-partner be able to see the children, even if I don’t want him/her to?
Generally the answer is yes they will. The court will only deny contact between a child and its parent in the most extreme cases, such as ones involving violence or sexual abuse. - After my divorce, will I be able to take children abroad on holiday?
Providing your ex-partner consents you will be able to do so. In the absence of consent, it is necessary to obtain permission from the court. Don’t forget Scotland and Ireland are abroad! - What facts do I have to prove to be able to get divorced?
There are 5 facts which may be relevant to your own situation. These are:-- Two years separation. This is where you have lived apart for 2 years and the separation was in recognition that your marriage was over. Both parties must consent if this fact is to be relied on.
- Five years separation. Same criteria as above, but the divorce can proceed even if the other party does not consent.
- Adultery. If you are able to prove that your husband or wife has had sexual intercourse with someone else, or if they admit to it. It is no longer necessary to name the other person.
- Two years desertion. This is the most uncommon fact upon which a court will proceed, as it is very difficult for the law to define precisely what is meant by desertion. One case in which we were involved, concerned our client, the wife, who came home from work, found a note from her husband saying he had left. She has heard nothing further from him, and that was about ten years ago!
- Unreasonable behaviour which is sufficient for the Petitioner to no longer continue to live with the Respondent.
Civil Litigation
- Can I take court action against someone myself?
Yes you can sue someone yourself without using lawyers at all. Most normal court forms are available from your local county court office free of charge, as are a range of helpful leaflets, and further guidance can be found on the court service website. Court proceedings can however be complex, and many of our clients, particularly if the claim is of a small money value, conduct the claim themselves, but refer back to us when they have any queries, which gives our clients the comfort of professional advice, but keeps the costs they incur to a minimum. - Will I qualify for Legal Aid?
There are two types of schemes which can provide assistance with your legal costs, they are 1. Legal Help. This is limited in scope and does not cover court proceedings themselves. Further the type of matter that qualifies for assistance with your legal costs under this scheme has been reduced in recent years and is likely to be further reduced in October 2007. If you are in receipt of benefits, or on a low income and the equity in any property you own is not above £100,000 then you may be eligible. The assessment of your eligibility is carried out in the office, and if you would like to see if you are eligible please contact Mrs Suzanne Curl by telephone on 01553 692737 or by email scurl@kennethbush.com. 2. Legal Aid. A full legal aid certificate is more extensive and does allow us to conduct court action on your behalf. Again however fairly strict financial eligiblity criteria apply, and the type of matter that legal aid covers is also limited.The funding of your case is on of the first things that any member of our civil litigation team will discuss with you your first interview, when your possible eligibility for legal aid will also be discussed. - When a client consults you about a dispute, do you always start court action straight away.
No we do not move straight into court proceedings. These can be costly and obviously carry a degree of risk. We will aways tadvice our clients to try and negotiate an acceptable solution to any dispute, before issuing court proceedings. Court action should really be regarded as an option of last resort when all other efforts to resolve the dispute have failed.
Criminal
- What can I do if I am arrested and taken to the police station?
You will be told that you are entitled to legal representation. You can ask for either your own solicitor, or ask for the duty solicitor. Both will be provided free of charge, whatever your financial circumstances, and whatever the time of day or night. - I’m due in court and I haven’t got a solicitor. What should I do?
Again you can arrange for your own solicitor to help you. Alternatively you can ask the court usher to refer you to the Court Duty Solicitor, who may be able to represent you free of charge depending on the nature of the offence you have been charged with. - Can the police hold me for questioning indefinitely?
There are strict time limits governing how long you can be detained. Your solicitor will keep you advised and make sure the police do not keep you longer than they entitled to do. If you are becoming worried, and have not asked for a solicitor, you should do so. - I don’t think the police behaved properly. Can I make a claim?
The police are obliged to conduct themselves strictly according to the law. If you feel that they have not done so, or that you have been mistreated in some way, we can help you make complaint to the Independent Police Complaints Commission, ("IPCC"). - I have been the victim of a crime. Can I get any compensation?
You may be entitled to compensation, particularly if you are the victim of a crime of violence. We can help you to make your claim to the Criminal Injuries Compensation Authority.
Probate
- My friend wants to make me Executor of his Will but he also wants me to benefit from the Will. Is this Possible?
You can be both the Executor and the beneficiary of a Will. But, if you are a beneficiary of the Will you cannot also be a witness to the signature of the person making the Will, otherwise you will lose the benefit intended for you. - My parents are getting elderly and a little confused. I can see their situation getting worse as the time goes by. Is there anything I can do about it?
Your parents can make a Property and Affairs Lasting Power of Attorney which allows them to plan ahead by choosing one or more people to make decisions on their behalf regarding property and financial affairs.
However, this would not allow the person your parents choose to make decisions about their personal welfare. If they want someone to be able to make personal welfare decisions on their behalf they would need to make a separate Personal Welfare Lasting Power of Attorney. - Do I really need Probate when a member of the family dies?
If there is any land or property in the estate then the answer is yes you do. If the total value of the net estate is more than £5,000.00, you will need Probate, although some banks etc. may be prepared to close the account of a deceased customer even if the balance is a little more than £5,000.00. You will need to check with the bank etc in each case. You will need a Grant of Probate if the deceased person has left a Will, if they have left no Will then you will need a Grant of Letters of Administration.