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Lost Your Licence? The Law and Sentencing

Once you’ve had a car for a few years, it becomes almost impossible to imagine a life without it. The convenience of travelling from A to B, without the dictates of unreliable public transport, is all something we take for granted. It becomes such a large part of our lives that we start to see it as a right. One look at the law will tell you that it’s nothing but a luxury; a privilege that can be easily revoked.

So how do you go about losing your licence, and how can you avoid such a potentiality? Most driving offences include a risk of disqualification, but let’s take a closer look at the facts.

New Drivers

You’ve somehow managed to defeat the gruelling driving examinations and have come out the other side victorious. However, it may be a little too early to celebrate.

New drivers are closely watched by the law and are heavily dissuaded from getting behind the wheel in the first place, with extortionate insurance prices. Committing a traffic offence within your first few years of driving could easily result in you losing your licence altogether. By law, if you collect six penalty points within two years, your licence is automatically revoked.

Yes, that means a period of disqualification, followed by having to take your tests again. Ain’t nobody got time for that.

Lost Your Licence

Collecting Penalty Points

This is one collection you don’t want on your record: penalty points. For motorists who have miraculously escaped their formative driving years without a scratch, your licence can be disqualified if you amass more than 12 penalty points within 3 years.

If this is your first disqualification, you can expect to be off the road for 6 months. Second time, 12 months. Third time, 2 years.

If you’re disqualified for more than 56 days, you will have to apply for another driving licence before you start using your car again. In more extreme cases, you will need to retake your test. If your disqualification lasts for less than 56 days, your licence will be stamped and returned to you.

Reducing Your Disqualification Period

You can ask to have your disqualification period reduced, by applying to the Driver and Vehicle Licensing Agency (DVLA) in writing. For bans lasting for more than two years, you can apply to have your disqualification term reduced to 2 years. For periods between 4 and 10 years, you can ask for the sentence to be halved. You should provide reasons as to why you should be reconsidered.

However, if you’re considered a ‘high risk offender’ through a drink driving conviction, you will have to undergo a medical examination before you can get your licence back. You’re considered a high risk offender if you were caught driving with an alcohol level of 267.5 milligrams in 100 millilitres of urine, 87.5 milligrams in 100 millilitres of breath, or 200 milligrams in every 100 millilitres of blood.

For further advice and support in a motoring claim, click here for an experienced motoring solicitor team

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Law and Order Careers

It can be really good to think that you could do a job that will help to keep crime at bay. It can be empowering to think that you could have an influence on society and protect people from coming to harm. There are people that therefore choose to go in to the police force. However, some people find this is too hands on, some do not like the police clothing and others would just prefer an indoor job.

An alternative is therefore a career in law. This does take a lot of study and so if you are not academic, then it may not be for you. You will need a law degree and then do further work to pass your bar exams. You will need to keep up with all the latest changes to the law as well as results of recent cases. It is a lot of hard work, but is very well paid. It can be satisfying knowing that you will be helping to prosecute people that has done wrong and protect people who have had wrong done to them.

police clothing

Both careers have a lot of contact with people and so you will need to be sociable and polite. You will also need to be able to keep good control of your temper but also be firm when needed. Both jobs require a high level of professionalism and confidentiality.

Despite their similarities, a career in the police force is very different to a career in law. As a police officer you will be at the crime scene, sometimes in dangerous situations and often in highly emotional circumstances. As a lawyer things can also get emotional but you will be in an office or court room. The lawyer will face less danger and have a less physical role.

A police officer will have the opportunity to work through the force and get promotions if they work hard. In law, you tend to be part of a small company and could possibly work up to a partner but there is not the same sort of promotion opportunity. However, a lawyer’s salary starts off higher than a police officer’s does.

Both take a lot of hard work, but a police officer may need to do shift work. A lawyer will not need to work shifts but they may need to work long hours to research difficult cases and to keep their knowledge up to date.

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The Rise of Mortgage Fraud Cases

Ever since the recession began in 2007, we’ve seen a worrying rise in mortgage fraud cases; in fact the figures have almost doubled to 38 in every 10,000 cases. A credit reference agency has commented that further limits to household finances will only increase instances of mortgage fraud in the UK.

Total fraud rates have dropped since 2007, but certain sectors have seen an unprecedented rise in false applications. Nine in ten of the mortgage fraud cases intentionally tweak their personal circumstances; usually to hide a poor credit history. However, it’s also common to mislead officials about financial circumstances and employment.

The Facts

43% of mortgage frauds hide a bad credit rating. This is usually achieved by hiding the unfavourable address, where all this information has been registered. 33% of cases lied about their income by handing over fake or altered documents – this has fallen by 12% since last year. Finally, down from 17% to 14% of all mortgage fraud cases, lying about employment comes in at third place.

It’s thought that the majority of mortgage frauds hide bad credit ratings because the recession has brought out the worst financial history in some of the best of us.

According to Experian, the most likely culprits are the middle-aged, middle-class, and skilled working-class. Most people will want to pay off their mortgage before they retire, so those approaching middle-age can often panic.

New research spent tracking mortgage fraud predicts that next year, 43 out of every 10,000 mortgage applications will be fraudulent. Within the past year, mortgage fraud has overtaken current account fraud for the very first time. In 2014, tougher mortgage lending rules will come into force, so applicants are under greater scrutiny.

Man's hand signing a contract

Mortgages

During this protracted recession, it’s exceptionally difficult to get on the property ladder. In order to get the best mortgage deals, you’ll have to save up as much as 30% or more of the total house price.

First timers usually apply for a 90% ‘loan to value’ mortgage, which means you borrow 90% of the property’s value, while laying down 10% of your new home’s value. This means, if you’re looking to purchase a property for £200,000, you’ll need a £20,000 deposit.

With many people struggling to make ends meet, it’s a humungous sum to amass. And through this policy, you’ll have to pay high interest rates too! Of course, with tighter restrictions on mortgage lending, it’s unsurprising that fraud rates have increased, as many citizens are priced out the property market.

In 2009, the average deposit placed down for a mortgage was almost £30,000. In 2010, the average age of first-time buyers was 31. The market is currently too difficult to approach for young people. Those who can’t, for whatever reason, rely on their parents to help them out with their down payment, can apply for the government’s HomeBuy scheme. With this, you can receive between 15% and 30% of the cost of the property as an equity loan.

The legal courts are seeing an alarming trend in the number of serious fraud cases. If you would like further supportive advice on your serious fraud case, visit that linked page.

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A Paralegal Can Be the Best Thing to Hit Your Practice – Seriously!

Even though paralegals do not interact with the public, they can be a lawyer’s best friend. Busy lawyers have clients to deal with, court appearances, and just about everything else under the sun to think about. Running a busy practice often means feeling like you have to be in two places at the same time. What a bummer. Wouldn’t it be nice if you could just get away from all of that and have a little more free time?

That’s where the paralegal comes in.

The role of a paralegal is to support the lawyer in just about any and every way that you can think of. There’s no reason to assume that they aren’t going to be able to take care of things for you — you will just need to make sure that you get the right paralegal. You can actually delegate more than what you might hint. You just have to think about all of the things you do on a daily basis. The paralegal can actually handle most of those things.

Of course, there are things that the paralegal cannot do for you. They will not be able to do anything that would be construed as unauthorized practice of the law. This means that they can’t set legal fees, or undertake representation of clients, nor can they represent a client in court. They cannot give legal advice to anyone, either. However, this still lets them handle a wide list of services for you.

paralegal

If you have a lot of court documents that need to be prepared and filed, you’ll find that the paralegal comes in handy. They will be able to take care of all of that for you, while you focus on your busy court schedule. What could honestly be better than that? Getting your legal practice organized will give you a deeper sense of work/life balance than what you had. Everyone dreams about running their own show, but they end up being consumed by it.

Folks, that’s not the way it has to be at all. You can actually run a great practice, have assistance with it, and still be home to tuck your kids into bed. It’s all about lifestyle design these days. The days of the attorney that has to work from dawn until dusk on client matters is long gone, and that’s a good thing.

Once I graduate law school and work for a few years, I would love to open up my own practice. I know that I will be hiring quality paralegals to help me make this dream come true. Don’t be afraid to reach out to the paralegals in your legal community. They are truly worth their weight in gold!

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Does Becoming a Lawyer Really make Sense in a Troubled Economy?

Ah, law school. Even in a bad economy, people are seduced every year by its siren song. Applying for law school is a scary process for many, because they worry that they’re just not going to be able to get in. And if they do get in, they worry about not having any good job prospects. It’s time to start thinking about this lawyer thing a little differently.

First and foremost, it’s not all about being a trial lawyer, or any other type of lawyer that you see on TV. Lawyers actually have a wide range of specialties that they can get interested in. For example, let’s say that you really love working with kids. Family law is calling for qualified people all of the time. You might have to get your start at a social worker’s office or consulting for a small private outfit. Either way, it’s work experience that could open doors.

See the real pattern of what I’m mentioning? Experience. Internships. Clerkships. Networking. It all starts with realizing that there’s value to what you’re doing. If you’re really passionate about law, you’ll find your place somewhere in the system. Law is a lot like real estate in the sense that it’s always going to be around. There might not be a surplus of lawyers constantly, but you will be hard pressed to really see the end of the legal profession.

Becoming a Lawyer

The simple truth is this; we need lawyers. We need someone that can interpret the contracts and provide true counsel. That’s what you’re going to be doing as a lawyer, should you choose to still accept that mission. You’re going to be giving advice — professional advice of course — to people who desperate need it. They are going to be coming to you with the hopes of you fixing whatever problem they are bringing with them. This means that you need to show a true love for your fellow humans. People can truly tell when you really don’t want anything to do with them.

As I’m fond of saying… don’t just go into being a lawyer because you heard it’s a great way to get big checks. You’re going to be disappointed when you really do the math and look at all of the long hours that you’re putting in. It’ll make life a lot harder in the long run if you aren’t thinking about the bigger picture. Just thinking about money is going to make you miserable regardless of profession.

Sure, money is great and we’re big fans of money but that doesn’t mean that we base everything off of how much it pays. Law school is something that has truly changed my life. I would recommend it to other serious people. If you’re serious about making a difference in the legal professional, find out ways to take the plunge. You really won’t regret it.

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How to Get Financial Advice after a Divorce

Divorce is one of the most painful experiences that you can go through in life and organising finances during this difficult period can be very stressful. While the best advice during divorce is to be honest with each other about your financial situation, the nature of some divorces can lead people to be less than honest about their financial position. This can foster bitterness and acrimony. However, when you do eventually receive a financial settlement from your former partner, would you know who to ask for advice about what to do with the money or how to manage your finances now that you are on your own? Follow the tips below to see how you can take control of your finances after divorce.

Making a financial plan

During the course of a divorce you will need to consider how the family money should be divided. This will be based on both party’s earnings (if any) and the family’s lifestyle prior to the marriage breakdown. As well as listing all your current outgoings so you and your husband or wife can reach a settlement, it is important to plan how you will manage your income and expenditure when your divorce has been finalised. This can include living costs, the costs of any dependant children who may be living with you and everyday costs such as utilities and food.

divorce_financial_advice

Advice from professionals

When you have reached a financial settlement with an ex-partner this might be made up of two elements. There may be a lump sum payment as well as monthly payments for the maintenance of yourself and any dependent children who live with you. While the background planning you did prior to your divorce should ensure that your monthly payments cover your regular outgoings, it is important to get the right financial advice on how you should deal with any lump sum payment. This advice can come from an independent financial adviser, or any number of public organisations, such as Citizen’s Advice Bureau, which provides independent advice free of charge.

Advice from other people

Divorce is one of those situations where everyone seems to know someone who has been through it and who is going through the exact same thing as you. While there may be people who have experienced similar situations, no two people’s situations will be exactly the same, so while stories and financial advice from friends can be helpful, you will not know how to deal with your own personal situation unless you sit down with a professional and give him all the facts.

Advise yourself

In conjunction with seeking financial advice from professionals and the opinions of friends, there is a wealth of information out there, both in the form of books and online via the internet. This can be useful to an extent, but such information is probably best used to help you feel better mentally and to prepare yourself for your new life, including coping with your new financial situation. Books and online information can supplement advice you receive from family solicitor professionals.

It is vital to arm yourself with as much advice as possible on how to manage your money, particularly if you have not been used to controlling your own finances for a number of years. As discussed above, this can come from a variety of sources, but the first port of call should be a financial professional who can provide you with impartial advice.

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Warning against Illegal Solicitors

What’s an illegal solicitor? Usually you find them walking from door-to-door. They masquerade as a representative from a well-known company, without the business’s authorisation.

To verify that the door-to-door sales person is legitimate, don’t be afraid to call the local authorities, as the “solicitor” will need permission from the police. They should carry a document that confirms they’ve been given permission to engage with the public. If caught without authorisation, the illegal solicitor can be convicted of fraud.

Why are they doing this? For money, unfortunately. Expect illegal solicitors to play on your compassionate nature, and the vulnerable elderly are often the number one target.

How Can You Protect Yourself

Don’t be a fool and always remain sceptical when someone calls at your door and presents you with an exciting investment opportunity. Always investigate the product or service that they’re selling you and look into the company’s credentials.

Illegal Solicitors

It may feel rude to ask for documentation from the illegal solicitor, but this is necessary to show that they are a valid sales person. Ask for a telephone number.

Always feel suspicious if someone presents you with a deal that’s too good to be true – it probably is. If you’re promised a high value prize in exchange for a low cost, doubt the sales person’s legitimacy.

Whatever you do, don’t let yourself be pressured into anything. We know it can be hard to say “no” sometimes, especially with pushy sales people, but be firm and polite.

Most importantly, never disclose any information about your financial details, your bank accounts or cards.

Donating To Charity

If a charity turns up on your doorstep, don’t give them cash – a legitimate charity will accept a cheque. Be wary of pushiness and check that you’re dealing with an authorised charity.

Don’t give away any personal information to the charity and ask for written proof of tax-exempt status. Also, it goes without saying that you shouldn’t hand out any of your financial details. Contact the company immediately before you hand over your cash. Surrey law firms can help you understand your rights, if you’ve been illegally parted from your money.

And the burning question for most donators: how much of your money will go to the charity? Professional fundraisers usually handle door-to-door donations, and they’ll probably take a cut of the fees.

If in any doubt, inform the person that you’ll make a donation to the charity directly, if they give you their contact details. This gives you comfortable room to research the cause and check its legitimacy before you part with your cash. If illegal solicitors were at your door, they won’t get a penny, but your money will now go straight to the charity without a doubt.

In the event that you suspect an illegal solicitor has contacted you, call the local authorities with your suspicions. You may have escaped their clutches, but your neighbours are still potentially at risk. Make sure the rest of your community – especially the elderly – is safe and that illegal solicitors don’t take advantage of their vulnerability.

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Industrial disease regulations, claims and legal support

Adhering to relevant health and safety regulations is in the best interest of both the employer and their workers.

A business is legally responsible for protecting its employees while at work. Not having correct safety measures in place can put a workforce at an increased risk of harm, and also lead to a compensation claim if an individual does suffer from an industrial disease or work-related condition.

Both employers and employees should be aware of their responsibility in the workplace so everyone can remain protected, and recognise what to do if the environment does not have the correct safety policies in place.

For employees

If your workplace has a number of safety measures to protect the workforce, you are responsible for adhering to the policies and procedures to keep harm at bay.

However, if a business fails to live up to its legal obligation and does not suitably attempt to reduce the potential for danger, you are put at a higher risk of harm. Should you subsequently suffer from an industrial disease or work related condition, you are entitled to claim compensation for any medical and financial hardship endured.

It is recommended that you invest in assistance from a specialist legal team experienced in these types of industrial disease claims, so that your case can benefit from their expertise and knowledge.

compensation claim

For example, if you have to work in close proximity to high noise levels, an employer should look to provide protective equipment; reduce noise exposure; monitor and maintain equipment; and offer health and safety information. Should you suffer from noise induced hearing loss or industrial deafness as a result of the business falling short of this legal responsibility, you can receive a payout for the damage caused by the negligent employer.

For employers

As an employer, you are responsible for safeguarding people within your working area, and must take every possible action to look after their health, safety and welfare.

First off, you must conduct an extensive risk assessment to pinpoint hazards and work to eliminate or reduce any possible dangers found. Through this, you can minimise the threat of employees suffering from work-related conditions and pursuing claims against your business, while it can also help you to successfully defend your company should such a case arise.

For example, if you have a noise problem in your workplace, The Control of Noise at Work Regulations 2005 require you to reduce or eliminate the threat of employees suffering from noise induced hearing loss while performing their job.

Through controlling noise exposure and providing employees with safety measures including proper training, information and hearing protection, you can minimise the possibility of your workforce enduring hearing damage or loss, and safeguard your business from such industrial disease claims in the future.

In summary, if an employer complies with their legal responsibility and introduces measures to protect the health and safety of their workforce, which employees then comply with, this can only stand to benefit both parties. However, if negligence does occur, this is certain to increase the risk of workers suffering from work-related conditions and employers facing costly and time-consuming compensation claims.

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Corrections and Clarifications of No-Win No-Fees

A life-changing accident is the last thing anyone wants, but with the new changes to personal injury law, things are about to get a lot tougher for victims.

After a time of state-funded personal injury litigation, the government introduced conditional agreements (no-win, no-fee) in 1995 to shift the buck from the state, back to the claimant. But with up to 25% of a claimant’s damages going on lawyer’s fees, when the case was a success, victims were left undercompensated, and in some instances, unable to afford future care.

100% Compensation

In 1999, Labour solved this issue by transferring the bill from the claimant to the defendant. Injured parties popped open the champagne and celebrated – finally, victims were receiving all the damages they deserved. From a claimant’s perspective, this system is ideal.

Even though insurers complain about a rise in cases and MPs weep over the ‘claims culture,’ personal injury claims have only increased in the road accident department by a whopping… 4%. Insurance companies hate having to cover an opponent’s costs and don’t feel that they should have to, whereas many ministers don’t believe in full compensation for victims of life-changing accidents.

No-Win No-Fees

As of April 2013, injured parties will have to contribute towards bringing a personal injury case to court. This means forking out for the success fee, insurance, and as much as 25% of damages.

A Blow to the ‘No-Win, No-Fee’ Industry

But can we smoothly slip the bill back to the claimant? The current ‘no-win, no-fee’ sector runs off its 100% compensation promise. Adverts everywhere hope to reel in personal injury victims because the conditional agreement industry is a profitable business. Will people continue to pursue claims if most of their compensation is absorbed by legal charges?

Huge Compensation Losses

‘No-win, no-fee’ law firms are unlikely to charge anything below the 25% mark, especially with high risk cases, such as brain injury or spinal damage. When the legal costs can reach heights of six figure sums, losing is not an option. However, it does happen. Although the claimant can walk away, the ‘no-win, no-fee’ solicitors always leave those cases with a massive hole in their profit margins. Consequently, the firm has to charge high prices to recoup losses.

Although ‘no-win, no-fee’ companies will need to compete for the smallest chunk of the client’s compensation, in reality, this may be impossible for most businesses due to the risks involved.

When all is said and done, it’s the most vulnerable victims (who are in the greatest need of compensation) that get a huge chunk of their damages taken from them to pay for extortionate legal costs. With these changes, we’ll not have a claims culture, but a culture of undercompensation.

Corporate Power.

When many people are dissuaded from following through with personal injury claims, companies are given more power to be negligent in the workplace without any repercussions. While individuals suffer, businesses will be free to exploit employees, if they cause injury.

Produced for Jigsaw Law solicitors who are personal injury specialists who focus mainly on accidents at work, road accident claim and specific injuries such as leg injury claims.

Or write to them at: Jigsaw Law Ltd, Pioneer House, Pioneer Business Park, North Road, Ellesmere Port, Cheshire CH65 1AD or follow them at or follow them at @jigsaw_law

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Understanding the Structured Settlement Hype

Look, I might just be a law student, but the truth is that I get a lot of questions about what I think about some hot topic law issues. If you’re not sure what I’m talking about today, I’m going to get to the point — there’s a trend in personal injury cases lately. There’s nothing wrong with personal injury, and I fully believe in the system. If you’re injured and it’s not your fault, you SHOULD be seeking compensation. This might sound shameful to people who have an issue with money anyway, but it’s important to also know where you’re headed and what’s actually aimed at helping you.

The term structured settlement comes up quite often, and it leaves a lot of people trying to figure out what’s it all about. There’s nothing to fear when you’re armed with the right information but it’s the getting there that really matters.

Structured Settlement

In short, structured settlement is really just a contract under which an insurance company undertakes to make regular payments to an injured party. They are usually done where the amount of the settlement is known ahead of time and everything is set up. You get to enjoy the money before the case is officially closed, which is never a bad thing. If you’re in the middle of a personal injury case, then you already know that your bills are going to keep going There’s nothing that says that you have to let your current household sink into financial ruin just because you have to deal with a personal injury case. It’s better to make sure that you have things together. Sometimes you might have to wait for the case to get settled fully, but it means that you will get your payments well ahead of schedule because you’ve agreed to have your payments done over a lifetime.

The benefit here is that the money can be made tax-free over a pre-determined amount of time. Even if it’s set into an annuity and you pass away, your heirs will still be able to get the money continued. It all depends on the agreement that is set into motion.

Are there times where you might want to get a lump sum? Sure there are. If you want to go ahead and pay off a mortgage or buy a whole new home, you might not be able to just do small payments. You might have to go ahead and get that lump sum.

Settlement contracts can be sold to a financial institution that will accept the payments on your behalf and then give you a lump sum. There is usually a handling fee which is based on interest charge and other associated issues. The one off payment is usually less than what would have been paid out.

You might want to stick to the usual arrangement when it comes to structured settlements, as you will not have to face so many charges. If you’re someone young that is getting a settlement, you will generally get a lot more money going for the payments over a lifetime than the lump sum. Of course, every situation is definitely different so look at the details that matter to you before you take anyone’s word over your own. Thinking about it a few times will help you keep form making the wrong decision.

Good luck with whatever choice that you decide to make. It’s a good day when we get some money — but it’s hard to move past a personal injury case. You feel haunted by it. Let it go, relax, and move on with life. Don’t get caught up in the accident that changed your life. It can only change your life if you really want to get pulled into it on that level. Good luck!

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