FAQs

Not every drainage issue requires legal action. Your insurer may be able to resolve things on your behalf.  Early legal advice can nevertheless help you understand your rights, preserve evidence and avoid taking steps that could worsen the situation. It can also help where a neighbour denies responsibility or the parties cannot agree suitable remedial work.

Ownership may be established through the title deeds, including by inference from historic plans and the position of the ditch. In the absence of clarity in the deeds, sometimes the hedge and ditch presumption applies which places the ditch on one person’s land. This is not always straight forward to interpret. Where a natural watercourse forms a boundary, the adjoining owners will commonly own up to its centre unless their deeds provide otherwise.  

The timing may be relevant, but it does not prove that the driveway caused the flooding. Evidence may be needed to establish how the driveway changed the volume, speed or route of the water.

This will depend on whether another person or organisation is legally responsible and whether the damage can be linked to their actions or failure to act. Insurance may cover some losses, but this will depend on the terms of the policy.

A downpipe or drainage outlet that discharges water directly towards adjoining land may give rise to a dispute, particularly if it causes flooding or damage. The precise position will depend on the drainage arrangements, property rights and effect of the discharge.

Not automatically. Water may naturally flow from higher to lower land. A neighbour may be responsible if their paving, building work, landscaping or drainage arrangements have materially increased, concentrated or redirected the water reaching your property.

A new partner’s income is only relevant if your spouse and their new partner are cohabiting or intend to cohabit. The new partner’s income is not simply added to that of your spouse; the question for the court is what the new partner ought to be contributing towards their shared living costs when assessing your spouse’s financial needs. Read our guide on spousal maintenance to find out more.

Usually, no. An affair does not in itself affect how money, property and other assets are divided between spouses. However, the court may consider financial behaviour connected to the affair, such as one spouse deliberately spending a significant amount of shared money. Learn more about how we can help with the resolution of finances following divorce.

No. The court does not divide the family home as a way of punishing either spouse. The outcome depends on the couple’s finances and needs, including the needs of any children.

In England and Wales, a spouse does not need to prove adultery or another form of fault to obtain a divorce. The applicant, or both spouses jointly, need only confirm that the marriage has irretrievably broken down; proof is not required.

Particular care should be taken with documents containing sensitive personal, financial, medical or confidential business information. This may include wills, Lasting Powers of Attorney, divorce documents, employment dispute files, commercial contracts, property transaction documents and medical records, and all correspondence between you and your lawyers.

No. AI can be a helpful research and information tool, but it cannot exercise professional judgement, assess individual circumstances or provide tailored legal advice to your individual circumstances.

No. ChatGPT can provide general information and explanations, but it is not a solicitor or trained legal professional and cannot provide legal advice tailored to your specific circumstances.

ChatGPT can help summarise a contract or explain certain clauses in plain English. However, it cannot provide legal advice or identify every legal risk associated with an agreement.

Not necessarily. ChatGPT and other AI tools offer privacy controls and policies, but users should always understand how their information may be stored and processed before uploading sensitive documents. If a document contains confidential or personal information, caution is recommended.

Yes. We work with businesses across Bridport, West Bay, Beaminster and the surrounding area on commercial property matters, including negotiating new leases, lease renewals, assignments and property transactions. Our solicitors provide clear, pragmatic advice to help businesses protect their interests and plan for the future.

Yes. We provide advice on all aspects of probate and estate administration, helping executors and families manage the legal and practical responsibilities following the death of a loved one.

Yes. Our wills and probate specialists can help you prepare a legally valid will, review an existing will, create lasting powers of attorney and plan for the future with confidence.

Not necessarily, but many people value having a trusted local firm that understands the Bridport and West Dorset property market. Our conveyancing solicitors provide practical support throughout the transaction and are available to answer your questions at every stage.

Yes. Our conveyancing team can help with buying, selling, remortgaging and transferring property ownership. We regularly assist clients purchasing homes, holiday properties and investment properties in Bridport and the surrounding area.

Yes. As well as helping clients in Bridport, we regularly advise people in West Bay, Burton Bradstock, Beaminster, Lyme Regis, Charmouth and across West Dorset. We can also assist clients throughout England and Wales.

Our Bridport office supports individuals, families and businesses across a wide range of legal matters, including residential conveyancing, wills and probate, family law, employment law, commercial legal services and dispute resolution.

No. While many clients choose to meet us at our Bridport office, we can also provide legal advice by telephone, video call or email. This allows you to access expert legal support wherever you are in Bridport, West Dorset or the surrounding areas.

Our Bath office supports clients across Bath, Bathampton, Batheaston, Bradford-on-Avon, Combe Down, Widcombe, Larkhall, Keynsham, Saltford and the wider Somerset and Wiltshire area. We also advise clients throughout England and Wales.

Yes. Our Bath office operates on an appointment-only basis, so we recommend contacting us in advance to book a meeting with the appropriate member of our team. If you are unable to attend in person, we can also provide legal advice by telephone, video call or email where appropriate.

Professional legal advice from our conveyancing team can help identify risks, protect your interests and ensure the transaction proceeds as smoothly as possible. We can support you through every stage of the process, from initial negotiations to completion.

We advise on a broad range of commercial matters, including business sales and acquisitions, shareholder agreements, commercial contracts, employment matters, commercial property and general business legal support.

Yes. Our commercial solicitors support businesses of all sizes, from start-ups and owner-managed companies to established organisations. We provide practical advice designed to help businesses manage risk, protect their interests and achieve their objectives.

Yes. We support executors and families with all aspects of probate and estate administration. Whether you require guidance on applying for probate or assistance managing the entire estate administration process, our team can help.

Yes. Our wills and estate planning team can help you prepare a legally valid will that reflects your wishes and provides certainty for your loved ones. We can also review existing wills and advise on inheritance tax planning.

Yes. Our family law team provides advice on divorce, separation, financial settlements, family mediation, child arrangements, cohabitation disputes, prenuptial agreements and other family-related matters. We understand that family issues can be challenging and aim to provide clear, practical guidance tailored to your circumstances.

Our Bath office supports individuals, families and businesses across a range of legal matters. We regularly advise clients on family law, wills, probate and estate planning, as well as commercial and business legal services including trade marks and copyright law. We also have access to specialist expertise from across the wider Battens Solicitors team.

Yes. The courts strongly encourage settlement talks, including mediation. Settlement involves compromise by both parties, but provided they are well prepared and understand the strengths and weaknesses of their positions, and the costs of litigation, structured settlement negotiations like mediation can have a high success rate. A party who unreasonably refuses to mediate can be penalised heavily with an adverse costs order.

No, but the law is often complex and without a lawyer your case could be weakened if you miss out something and have to introduce it later. If court proceedings are started you could be penalised with an adverse costs order if you have to go back and correct errors, or even have your case struck out if it is not properly formulated.

As the term suggests, it is any dispute, or potential dispute, involving land and buildings. Examples include disagreements about the location of the property boundary, the existence or nature of the rights of way that benefit or burden a property, or whether there are any covenants that seek to regulate what can and cannot be done on a property.

In the context of residential leasehold property, breach of lease disputes commonly relate to unauthorised alterations, use for short-term Airbnb type lets, noise nuisance and non-payment of service charges or ground rent. There are many statutory rights designed to protect residential leaseholders, whether governing the reasonableness of service charges or empowering leaseholders through enfranchisement, the right to manage or lease extensions.

Co-owners of property who cannot agree on their respective shares of a property, including whether it should be sold, can ask the court to determine their dispute under legislation known as TOLATA (Trusts of Land and Appointment of Trustees Act 1996). This applies to disputes between joint owners of property, including unmarried couples and business partners.

We also think of property disputes as including misrepresentation claims, where the seller of property is accused of giving false information, usually in the form of hiding problems from the buyer.

Construction disputes concerning work done to buildings are dealt with by our Commercial Dispute Resolution team.

Landlords must consider a tenant’s request to keep a pet and cannot unreasonably refuse it. They should respond within 28 days and may ask for further information about the pet before making a decision. Permission may also depend on the terms imposed by a superior landlord, where applicable.

Landlords can generally increase the rent once a year by serving a Section 13 notice and giving the tenant at least two months’ notice. Tenants can challenge a proposed increase if they believe it is above the market rate. 

No. Section 21 notices, commonly known as “no-fault” eviction notices, were abolished from 30 April 2026. Landlords must now use one of the updated legal grounds for possession and follow the correct notice and court procedures. 

The main tenancy reforms under the Renters’ Rights Act 2025 came into force on 1 May 2026. However, some measures, including the Private Rented Sector Database and the new Ombudsman scheme, are being introduced separately. 

Landlords who do not comply may face enforcement action and financial penalties. Depending on the breach, penalties may be up to £7,000, rising to as much as £40,000 for serious or repeated breaches. Failure to meet certain requirements may also affect a landlord’s ability to regain possession of a property. Landlords should seek advice about the particular rules and penalties that apply to their circumstances.

Landlords will need to upload relevant safety and compliance documents for each property, where applicable. These include gas safety records, electrical safety documentation and the most recent Energy Performance Certificate. They will also need to provide information about the property, tenancy, rent and occupants.

The Private Rented Sector Database is scheduled to open to landlords in the South West on 15 August 2027. Landlords with properties under let will then have three months to register, giving them a deadline of 14 November 2027. The Regulations setting out these arrangements are currently in draft form and require parliamentary approval. 

A share purchase involves buying the company itself, including its assets, contracts and liabilities. An asset purchase allows a buyer to select specific assets and, in some cases, leave behind certain liabilities. The right structure depends on the business, the risks involved and the commercial objectives of the parties.

Every transaction is different, but most SME business sales take several weeks or months rather than days. Factors such as due diligence, funding arrangements, property issues and negotiations can all affect timescales. Early planning and good preparation can help keep a transaction on track.

Due diligence is the buyer's investigation of the target business before completion. This typically involves reviewing contracts, employment arrangements, intellectual property, property interests and corporate records. The aim is to identify risks and ensure the buyer understands exactly what they are acquiring.

Warranties are statements made by a seller about the business and its affairs. Indemnities provide protection against specific identified risks. These provisions are often among the most heavily negotiated parts of a transaction and can have important consequences after completion.

Businesses are generally more attractive to buyers when their records are up to date, key contracts are documented, intellectual property is protected and any legal issues have been resolved. Taking legal advice before marketing a business can help identify and address issues that might otherwise delay or reduce the value of a sale.

The tax treatment of a transaction depends on its structure and the circumstances of the parties involved. Potential taxes may include Capital Gains Tax, Corporation Tax, VAT and Stamp Duty. Specialist tax advice should be obtained at an early stage to ensure the transaction is structured as efficiently as possible.

A management buy-out occurs when an existing management team acquires all or part of the business they work in. It can provide an attractive succession route where the owners wish to retire or reduce their involvement while maintaining continuity for staff, customers and suppliers. We regularly advise on the legal aspects of MBOs, including acquisition structures, funding arrangements and shareholder agreements.

Yes. AI can help you organise your thoughts, prepare questions and understand basic terminology. A solicitor or legal advisor should advise on the final wording and legal effect.

Be cautious. A will involves sensitive personal and financial information. Avoid putting confidential details, medical information, family disputes, property details or financial information into public AI tools without understanding the privacy risks.

If a will is not signed or witnessed correctly, it may fail to take effect as intended. This can lead to disputes, delay, additional cost, or the estate being dealt with under an earlier will or the intestacy rules.

ChatGPT may comment on wording, but it cannot reliably confirm validity. It cannot check capacity, undue influence, execution, witness arrangements or whether the will works for your personal and financial circumstances.

Yes, you can write your own will. However, it is sensible to get advice if your circumstances are not completely straightforward, especially if you own property, have children, have a blended family, want to exclude someone, or have tax or trust considerations.

A will written with help from ChatGPT may be valid if it meets the legal requirements for England and Wales. The issue is whether it has been properly drafted, signed, witnessed and tailored to your circumstances.

A Child Arrangements Order is a court order that sets out where a child lives, who they spend time with and other practical aspects of their care.

No. The term "custody" is no longer used in the family court system in England and Wales.

In 2014, custody and access arrangements were replaced by Child Arrangements Orders, which set out:

• Where a child lives
• The time they spend with each parent

Modern family law focuses on the welfare of the child rather than assigning "custody" to one parent. If you've heard the term used, it generally refers to issues now dealt with through a Child Arrangements Order.

Not always. Many parents are able to reach agreement directly or with the help of mediation and professional support.

Where agreement cannot be reached, a court application may be necessary.

In many cases, parents are expected to attend a Mediation Information and Assessment Meeting (MIAM) before making a court application, unless an exemption applies.

Mediation can often help parents resolve disagreements without the time, cost and stress of court proceedings.

The court's priority is always the child's welfare.

It considers a range of factors, including the child's needs, circumstances and overall wellbeing, with the aim of putting arrangements in place that support their long-term welfare and stability.

It depends on the circumstances. Where there is no court order in place, disputes about contact can arise.

If one parent is preventing contact, it is important to seek legal advice promptly. We can help you understand your options, explore ways to resolve the issue and, where necessary, apply for a Child Arrangements Order.

Every family situation is different.

Where parents are able to reach agreement, matters can often be resolved relatively quickly. If court proceedings are necessary, timescales will depend on the complexity of the issues involved and the court's timetable.

We can provide realistic guidance based on your particular circumstances.

Children's needs and family circumstances can change over time.

Some arrangements can be updated by agreement between parents. Where agreement cannot be reached, it may be necessary to seek legal advice about formalising or varying the arrangements in place.

Yes. Grandparents and other family members can play an important role in a child's life.

In some circumstances, wider family members may apply to the court for arrangements to spend time with a child. The appropriate route will depend on the individual circumstances.

Child arrangements and child maintenance are separate issues. However, the amount of time a child spends with each parent can be relevant when calculating child maintenance and making practical financial arrangements.

You do not always need a solicitor to reach an agreement.

However, legal advice can help you understand your rights and responsibilities, avoid common pitfalls, keep discussions focused on your child's welfare and provide support if an agreement cannot be reached or a court application becomes necessary.

A Letter Before Proceedings is a formal letter from the local authority explaining concerns about a child's welfare and inviting you to attend a meeting. You should seek legal advice as soon as possible and attend the meeting with legal representation if you can.

A PLO meeting is held as part of the Public Law Outline process. It gives families an opportunity to discuss the local authority's concerns, agree practical steps to address those concerns, and avoid court proceedings if possible.

You should normally attend a PLO meeting and obtain legal advice beforehand. Attending demonstrates a willingness to engage with the concerns raised and work towards resolving them.

Failing to engage with the local authority may increase the risk of the matter progressing further, including the possibility of court proceedings being issued.

Depending on the circumstances, the court may make interim orders, including:

• Interim Care Orders
• Interim Supervision Orders
• Emergency Protection Orders

The specific order sought will depend on the nature of the concerns and the evidence before the court.

A child can only be removed in specific circumstances, usually where there are concerns about immediate safety or welfare. The court must consider whether any intervention is necessary and proportionate.

Most care proceedings are expected to conclude within 26 weeks. However, more complex cases may take longer where additional evidence or assessments are required.

Legal aid is often available for parents involved in Public Law Outline matters and care proceedings. We can advise you on your eligibility and any funding options available to you.

No. Swindon appointments are by appointment only. Please contact us in advance to arrange a suitable time.

We will discuss your circumstances, explain the next steps and, where appropriate, arrange a mediation appointment at a suitable location.

Yes. Family mediation can help families discuss arrangements for children, finances and other practical issues following separation.

No. Bristol appointments are by appointment only. Please contact us in advance so we can arrange a suitable time and confirm the meeting location.

Appointments can be arranged at selected professional meeting spaces in Bristol. We will confirm the location once your appointment is booked.

In some circumstances, online mediation may be available. We can discuss the most suitable option with you when you contact us.

You do not have to wait until heads of terms are agreed before speaking to a solicitor. In fact, early advice can be helpful because the heads of terms often set the direction for the lease. Once key points such as rent, break rights, repair responsibilities and renewal rights have been agreed, they can be harder to renegotiate later.

Sometimes a tenant may want to move in before the lease is formally completed, particularly if fit-out works need to begin. This should be handled carefully. Moving in early without proper documentation can create uncertainty around rent, insurance, repair responsibilities and what happens if the lease terms are not ultimately agreed. It can also result in unexpected stamp duty land tax implications. 

This depends on what is agreed between the parties. In most transactions, each side pays their own legal costs. In others, the tenant may be asked to contribute to the landlord’s legal or surveyor’s costs, often where additional documents are needed, such as a licence for alterations particularly if the licence will not be put in place simultaneously with grant of lease. This should be clarified early so you can budget effectively.

Family mediation is a process in which a specially trained mediator helps separating couples talk through issues and reach agreement on arrangements on child arrangements, finances and other matters following separation. The Family Mediator then draws up the proposal into a Summary, which each of you can take to your own Solicitors.

A Family Mediator is always impartial and works on behalf of both of you equally, irrespective of which of you makes the initial enquiry. The Mediator does not offer advice that influences the decisions of either of you, but gives general information about the legal aspects of relationship breakdown and assists a couple to reach workable solutions.

The main reasons that people choose to mediate are that:

• It gives you more control over the outcome rather than having one imposed on you by the court;
• The costs are usually considerably less than using solicitors as intermediaries;
• It helps you to resolve issues much more quickly, at a pace to suit you;
• It reduces tension and hostility, which is beneficial to any children who can see that their parents are working together to resolve their issues.

Mediation helps separated parents build cooperative parenting relationships for the well-being of their children; your children will watch how you manage the situation and, if they see that you are making decisions about them together, they will cope better. 

Mediation will help you focus on the needs of your children and learn about each other’s parenting experiences, which will allow a greater empathy and understanding to develop between you. 

Our Mediator was trained by Resolution, a national body of family solicitors, and is also a practicing Family Solicitor. This means she is well placed to help you reach practical solutions that can later be turned into a legally binding agreement by your own solicitor.

Our Mediator’s fees are competitive at £175 plus VAT per person per hour for Mediation and any necessary follow-up paperwork.

The cost of mediation is usually much lower than the traditional route, where each person uses their own solicitor to exchange information, negotiate and reach an agreement.

Mediators do not give legal advice and do not represent individuals. They are there to help both of you work out a plan for the future. Once you and your former partner have finalised a proposal through Mediation, you should then discuss it with your own Solicitors, who can, if desired, make it into a legally binding agreement. Either of you can consult your own Solicitor during any stage of the Mediation process should you wish to do so.

A MIAM is a ‘Mediation Information and Assessment Meeting’. Our Family Mediator has received authorisation from the Mediation Council to conduct these meetings. We charge a fixed fee of £270 (£225 plus VAT) for the meeting itself, which includes the provision of a mediator’s certificate, should you require one.

Although you don’t need legal representation, having a qualified legal professional gives you the best chance.  They are qualified to advise you on the strengths and weaknesses of your claim, prepare Court documents, guide you through the process and represent you at hearings and assess alternative solutions such as mediation.  This is often a more effective way to solve your dispute as opposed to “DIY”. 

Yes, but it has consequences. If you decide, for whatever reason, that you do not want to continue with the claim, then you will need to pay the costs of the other party up to that point, unless you can reach a settlement on different terms. That is why it is vital that you consider your position, including the strength of your claim, before you issue Court proceedings. Professional advice can be helpful before proceedings are issued. 

Mediation is confidential, without prejudice (“off the record”) and informal. It allows parties the opportunity to reach their own practical settlement with the assistance of an independent mediator. 

As the process is flexible, often the parties reach a settlement which is slightly different to what is being claimed or what a judge could order at trial. 

Mediations are particularly effective in neighbour disputes when, after the dispute, the parties will still be neighbours. 

They can get to the heart of what everyone is after to draw a line under the matter, allowing parties to move on rather than being engaged in a long and costly Court process.

Courts have always taken the view that parties should try to resolve their dispute before involving them. They have penalised parties if they fail to mediate. Courts may also order parties to mediate. 

Close family members, such as spouses, civil partners, children or dependants, are those who are typically eligible to bring a claim.

In most cases, you will have three years from the date of the death to start a claim. However, it is always best to seek advice as soon as possible as there are some situations in which shorter time limits apply.

Most claims are resolved without going to court. However, if court proceedings are necessary, we have the knowledge and expertise to guide and support you throughout.

Compensation depends on the severity of your injuries, their long-term impact and your financial losses. We will provide a clear assessment based on your individual circumstances as early in your claim as it is possible to do so.

Serious injury claims can take time, particularly where long-term medical needs must be assessed, and a lot of expert opinions are needed. We will keep you fully informed and seek interim payments where possible to assist with financial commitments until the claim can be concluded.

Yes. If a loved one lacks capacity due to a severe injury, you may be able to act on their behalf. We are well-versed in pursuing claim on instruction from someone other than the injured person themselves and therefore in advising clients of all the implications that pursuing a claim on that basis will entail.

If your accident is inside a public building that you are visiting, you should report the accident to a member of staff on the premises and request that they make a written log of the incident.
You should read exactly what is recorded to make sure that it accurately details you and your accident circumstances. You should then sign and date the accident record and ask them to either give you a copy or allow you take a photograph of the entry to keep.

If your accident is in the street, for example you trip and fall as a result of a pavement defect, it is a good idea to report your accident to the local highways authority (visit gov.uk) as soon as you can so that they will have a note of it as evidence that the accident did happen when and where you say it did, should that be contested.

Again, if there is an option for them to email you the information that they have recorded their end for you to keep, that would also be helpful.  If you make your report online, it is a good idea to screenshot and save what you submit.

It is a good idea, sometimes crucial, to take photographs of the cause of your accident as we will wish to see its location, its dimensions and so on before we can advise you on the prospects of success of a claim.

For example, if you have slipped on a spillage or tripped over an object which has been left lying on the floor, you should try to take photographs of this, and of its position and surroundings, before it is cleared up.

If you have tripped on a pothole or pavement defect, you should take a photograph to show the measurements of the depth and width of the hole/defect itself. The best way to do this is to use a ruler in the photograph. Alternatively use a coin for scale in the photograph, which will allow approximate dimensions of the defect to be determined. You should also try and take some wider photographs to show its position on the pavement or road so we can assess just how much of a hazard it posed at the time.

Whilst you will have a whole lot of things to be thinking about other than taking photographs after you have fallen and been injured, it is important that the photographs are taken quickly and before the owner, occupier or highways authority has chance to remedy the defect and therefore destroy the evidence we need.

If there were any witnesses to your fall, it would also be a good idea to take their names and contact details in case we need them to help.

You should always seek medical assistance (guidance can be found at the NHS) from your GP or hospital following an accident so you can receive any necessary treatment for any injury you have sustained and also so that the accident and the injuries you have suffered is recorded in your records, making it more difficult for your opponent to argue that the accident may not have happened in the way you say or that you did not suffer the injuries you claim to have suffered as a result.

Even if you do not think your injuries are sufficiently serious to justify a consultation with your GP or an A&E attendance, it is a good idea to phone your GP surgery as soon as possible after the accident has happened and ask them to make a note of your accident and injuries in your records, again so that it will be more difficult for anyone to argue that things did not happen as you claim.

We run most of our slip, trip and fall claims on a conditional fee (no win, no fee basis) assuming that the potential value of the claim and the chances of the claim being successful are sufficient to meet the criteria for us to do so.

Other options for funding can include Legal Expenses Insurance (which is often part of a home, home contents or credit card insurance policy) or legal funding might be offered by a trades union, if you are a member of one.
Our team at Battens are well versed in acting under all possible funding arrangements and will be able to discuss options and what might be most appropriate for you at initial contact.

Married parents automatically both have parental responsibility for the child when the child is born.

If you are not married, only the mother automatically has parental responsibility at birth. When registering the birth, placing the father’s name on the birth certificate grants him parental responsibility. However, the mother has to be present at the time the father is registered on the birth certificate. An unmarried father cannot register the child’s birth alone whereas a married father can.

Common law marriage does not exist in England and Wales, so you do not have the same rights as a married couple. 

A big issue can be if one of you dies without a Will (intestate). Regardless of how long you have been together, someone you live with will not be entitled to inherit money or property that you own if you die without a Will.

If you have children together but are not married the father does not automatically get parental responsibility (unless he is registered on the child’s birth certificate). This may mean that the father may not be able to make decisions about their child’s life without making an application to the Court.

If you are living together, you do not have to go through a divorce to separate, but you also are not entitled to the same financial arrangements after you separate. For example, you are not entitled to any spousal maintenance or pension sharing. Any agreement for maintenance or lump sums would be voluntary and are therefore difficult to enforce. If you have children or property there is action you can take under the Trust of Land and Appointment of Trustees Act 1996 and Schedule 1 Children Act 1989. However, these applications are not straightforward and are very costly if litigated.

1. The Executors. These are the people who will call in the assets, pay off the debts and distribute the Estate in accordance with your instructions. Your Executors should be over the age of 18 and they can be beneficiaries as well as Executors. It is helpful for your Executors to know of your finances or alternatively to be made aware of where documents are held detailing same. You should tell your Executors where your Will is being stored.
2. Assets – both solely and jointly owned – including property, as well as those held in Trust such as Life Insurance policies, pension benefits, death in service benefits.
3. Guardians – if you have minor children, who would you want to look after them if there is no one with parental responsibility. It can also be useful to put a letter for your Guardians for your views on education etc.
4. Legacies you wish to make – be these specific items such as jewellery, paintings, property and even animals – it is important to people that they make provisions for their furry friends.
5. Debts and Liabilities
6. How the remainder of your estate is to be divided and to who i.e. once all of the above has been dealt with, debts and executorship expenses have been paid You should think about family, charities as well as if anyone is financially dependent on you.
7. It is helpful to provide a brief background as to your family history. If people are not being included in your Will it is important to consider them and why they are being left out.

If the changes are relatively straightforward you can prepare a document called a Codicil which can revoke clauses in your current Will and replace them with new ones. Alternatively, if Solicitors have drafted your original Will it might be recommended that you have a completely fresh Will prepared as this is sometimes just as easy and can be more diplomatic. If the changes are significant a new Will should be prepared.

• Marriage or Civil Partnership (unless you made a Will in contemplation of marriage or civil partnership)
• Divorce or separation
• Death of a beneficiary
• Bankruptcy, or other significant change in circumstances of a beneficiary (e.g. going through matrimonial problems, or becoming disabled or vulnerable)
• The purchase of overseas assets (in which case a foreign Will may be necessary)
• If a Budget introduces inheritance tax changes which will affect your tax liability
• Further lifetime gifts to your children or to anyone else for whom you have a parental obligation – these gifts may have to be taken into account when your executors administer your estate unless you express a contrary intention in your Will.

Only the Executors named in the Will are entitled to read it after you have died. After Probate has been granted, it becomes a public document and anyone can apply to the Registry for a copy of it.

A Trust can be set up during your lifetime or upon death. A Will is only activated upon death.
A Trust can provide extended control over assets allowing for carefully thought-out conditions to be applied. A Will offers you a direct say on the distribution of your assets but does not provide extended control over how the beneficiaries might use them.
There are potentially tax mitigating factors to consider when looking at Trusts v Wills depending on your circumstances and your assets and so it is always advisable to take professional advice.

This can be answered in the same way as we treat travel insurance. Hopefully you will not need a Lasting Power of Attorney but if you do, your attorneys will be relieved to see that you have it in place as it will save both time and money. A Lasting Power of Attorney (LPA) appoints people (known as Attorneys) to look after your affairs if for any reason you are unable to do so. There are two types of LPA. One allows your Attorneys to deal with your property and financial affairs and the other enables your Attorneys to make decision about your health and welfare. Please note that some nursing homes insist on future residents having LPAs so that they know someone can act if the resident has lost or loses the capacity to act for themselves. Please arrange an appointment to discuss this further with us.

No. An Enduring Power of Attorney (EPA) is still valid but it cannot be altered. If you wish to change your attorney/s you need to make a lasting Power of Attorney. Please note that EPAs only cover your property and financial affairs. Therefore, it is worth considering making a Lasting Power to cover your welfare needs. Please arrange an appointment to discuss this further with us.

The people you appoint to be your Attorneys under a Lasting Power of Attorney or Enduring Power of Attorney will cease to be your Attorney immediately upon death. The administration of your estate will be dealt with by the Executors that you appoint in your Will. If you are not sure of what you can and can’t do as an attorney, please arrange an appointment to discuss this further with us.

Yes. A separation does not make your Will invalid. You should alter it as soon as possible (if you do not wish your spouse or partner to benefit). When you get divorced or your civil partnership has been dissolved, your Will will still be valid but read as if your ex-spouse or civil partner had pre-deceased you. Please arrange an appointment to discuss this further with us.

Your Will will be revoked upon marriage unless it has been made in anticipation of that marriage. Please arrange an appointment with us to discuss what your Will says or needs to say.

Yes. However, your beneficiaries should not witness your Will. If you are not sure who can act as your witnesses, please arrange an appointment for us to advise you.

The Nil Rate Band (NRB) is the basic allowance available to an individual before any inheritance tax becomes payable. The NRB is currently £325,000. The value is made up of gifts over and above the allowed allowances for the previous seven years before death and also the value of your estate when you pass away.

The Residence Nil Rate Band (RNRB) is an additional inheritance tax allowance that may be available when a person leaves their home, or a share of it, to direct descendants such as children or grandchildren.

Inheritance Tax is charged at 40% for anything over the inheritance tax allowance.

In short, no. The law does not automatically recognise couples who have lived together as if married or civil partners. This means that if you do not have a Will the intestacy rules do not distribute any part of your estate to your partner. There is an opportunity to make a claim under the Independent (Provision for Family and Dependants) Act 1975 if you have lived together for more than two years.

Yes. We will store your Wills free of charge. We also store deeds free of charge for existing clients.

An average transaction can take around 10-12 weeks from start to finish, and chains may extend timelines. We keep you informed at every stage. 

Budget for surveys, searches, mortgage fees, repairs, Stamp Duty and leasehold charges. 

They manage all legal work involved in your purchase, request searches, review contracts and liaise with agents and lenders — keeping you updated throughout. 

No. From 1 May 2026, Assured Shorthold Tenancies (ASTs) no longer exist, and tenancies move onto the updated periodic model. If you’re using older AST templates, it’s worth updating your paperwork to avoid issues later.

That’s fine — Battens has multiple locations across the region, so you can choose the most convenient office, while still accessing the right specialist support.

Yes. You can contact the team to arrange an appointment and we will do our best to offer a time that suits you. (If you need accessibility adjustments, you can also mention this when you get in touch). 

Not always. Many matters can be handled remotely, and we can support you by telephone or email if that is more convenient. 

Yes. Our Castle Cary office supports clients in Sparkford and the surrounding area. 

Yes. We regularly work with clients in Shepton Mallet via our Castle Cary office, and you do not need to live in Castle Cary to work with our team. 

Yes. Our Castle Cary solicitors help clients in Evercreech, offering support for individuals, families and businesses. 

Absolutely. We provide legal support for clients in Wincanton and nearby towns through our Castle Cary office. 

Yes. Our Castle Cary team regularly supports clients in Bruton, as well as Castle Cary and the surrounding area.

You can contact the Castle Cary office by phone on 01963 834477 or email [email protected].

Companies House ID verification is a compulsory process introduced under the Economic Crime and Corporate Transparency Act 2023. It confirms the identity of directors, PSCs and anyone filing documents for a UK company or LLP.

All company directors, designated LLP members, Persons with Significant Control (PSCs) and anyone submitting filings on behalf of a company must complete verification before they can act in those roles.

Identity verification becomes compulsory from 18th November 2025, although Companies House encourages early compliance to avoid delays and penalties.

Yes. We provide Companies House ID verification for clients across the UK, Ireland and internationally. Overseas directors and PSCs must still complete verification and obtain a Personal Verification Identification Code (PIC).

As an Authorised Corporate Service Provider (ACSP), Battens completes the verification on your behalf. We confirm your identity, submit the required information to Companies House and ensure you receive your PIC code.

You will not be able to act as a director or PSC, submit filings, or incorporate a company. Non‑verification may also lead to delays, fines, compliance issues, or the company being struck off the Register.

Timescales vary depending on the documents provided, but we complete the process efficiently and with minimal paperwork. Our team will advise you on the expected turnaround time.

You will typically need proof of identity and proof of address. Our Company Secretarial team will confirm what is required based on your circumstances and jurisdiction.

Yes. We can verify individuals separately or as part of a wider company or group arrangement, ensuring all required roles are compliant.

Using an ACSP reduces delays, avoids errors and provides reassurance that your verification has been completed correctly. With over 300 years of legal experience, Battens delivers a reliable, compliant service supported by our specialist Company Secretarial team.

You are not required to use a solicitor, but many clients choose to work with an ACSP to ensure accuracy, avoid administrative issues and stay compliant with tight regulatory deadlines.

Yes. Our Company Secretarial Services and Corporate & Business Law teams support clients with company formation, PSC registers, filings, governance and ongoing compliance.

Domestic abuse includes physical, emotional, psychological, sexual or financial abuse within a relationship or family setting. It also includes controlling or coercive behaviour designed to intimidate, isolate or harm you.

No. If the harassment is from a neighbour, colleague, acquaintance or stranger, this falls outside family law. You should contact the police, who can advise you about restraining orders or other protective measures.

Our Family Law team can help you apply for:

Non‑Molestation Order – to stop threats, intimidation, harassment or violence within a domestic context.

Occupation Order – to prevent an abuser from entering or returning to your home.

Both Orders can be granted urgently in serious situations.

In urgent cases, we may be able to make an emergency application and obtain an Order on the same day. The Court will often grant an initial short-term Order until a full hearing can take place.

Not always. Non‑Molestation Orders can often be applied for without notifying the other person first.

Occupation Orders are usually more difficult to obtain without notice, especially where the property is jointly owned.

Yes. Breaching a Non‑Molestation Order is a criminal offence and can result in a prison sentence of up to five years. A power of arrest can also be attached to an Occupation Order.

You may be able to receive legal aid depending on your financial circumstances and the nature of your situation. Our team can advise whether you qualify.

Yes. You do not need to have left the home to seek legal protection. We can advise you on your options and help you take steps to stay safe.

Listed building consent is a special type of permission required to undertake work to a listed building. Whether certain works require consent or not will depend on the grade of listing, the associated local authority and the property itself. Even if a property is listed because of one specific feature, the listing covers the whole interior and exterior of the property. It is a criminal offence to fail to obtain the correct consent for a listed property, and the penalty can include an unlimited fine and up to 2 years in prison. It is therefore vital that if you own a listed property, you liaise with the relevant local authority before undertaking any work to the property.

Consent is ordinarily required for any substantial works such as extensions or significant exterior colour changes; however, it is often also required for smaller modifications such as changing windows or alterations to internal walls. If you own any grade of listed building and want to undertake work on that building it is vital to consider whether the work requires listed building consent.

Yes, Georgian homes can be renovated, however, a Georgian home is likely to be listed and it therefore extremely important that you are aware of the grade of listing and the restrictions that may apply. If you do renovate the property, you must ensure you obtain the correct listed buildings consent as well as satisfy any additional planning permission or building regulation requirements.

If a previous owner has made unauthorised changes to a listed building, the current owner becomes liable and could face unlimited fines or imprisonment. It will also be the current owner’s responsibility to pay the cost of rectification, and they may face issues trying to resell the property in the future. You can apply for consent retrospectively, but there is no guarantee it will be granted, and you could be faced with having to undertake remedial work. It is therefore vital that you ensure you instruct a conveyancer experienced in dealing with listed properties when purchasing to ensure that any issues are dealt with prior to your purchase completing.

If you own or are looking to buy a listed property, it is highly recommended that you instruct a surveyor with experience in historic and listed buildings to conduct an in-depth specialist survey. If you use a surveyor that does not have specialist experience, or instruct a surveyor to complete a standard survey, it is unlikely they will consider the specific materials and unique features of the listed property. A standard survey is also unlikely to take into account the unique challenges of listed properties, for example, they may not highlight if someone has made modern and possibly unauthorised alterations.

It is possible to challenge the listing of a property, but it can be a complex and often expensive process, and delisting properties is not something Historic England takes lightly. Generally speaking, Historic England will only agree to delist a building if it no longer meets the criteria for special architectural or historic interest, and you must be able to show substantial evidence of this.

Although it is possible to obtain a mortgage for a listed property, mortgage lenders view listed properties as riskier and as such treat them with extra caution. They are likely to require a specialist survey and valuation. They may also require a larger deposit and might be reluctant to lend money if the property has had any unauthorised works done.

Yes, restrictions on listed buildings are likely to also apply to modern systems. It is important that you liaise with the local authority if you are looking to install a new system or alter a current one and are unsure if listed buildings consent is required.

There are some grants and tax benefits available for listed buildings, these usually relate to conserving the buildings or undertaking urgent repairs and dealt with by Historic England or the local authority for the property.

There are two main types of restrictions. Article 4 directions remove specific permitted development rights. This means that you may need to apply for planning permission for some alterations which elsewhere might not require planning permission. Conservation areas are designated zones highlighted because of their architectural or historic interest. Both restrictions are designated by a local authority to control and preserve the architectural quality or historic interest of an area and require careful consideration before undertaking work on a property which falls within one.

Listed properties or those within a conservation area or covered by an article 4 direction are not exempt from the need to obtain and comply with building regulations for qualifying works. However, special consideration can be given to these types of properties for works relating to the improvement of energy efficiency and fire safety.

It is difficult to provide an estimate for how long conveyancing takes as it can vary significantly depending on several factors, however conveyancing for listed buildings does usually take slightly longer. This is because listed buildings usually have lengthy histories and have often had various works done which may have required listed buildings consent. If this is the case, your conveyancer will need to ensure they have all of the relevant documentation before checking through it and ensuring everything is in order. Unfortunately, it is not uncommon for this to include a bit of back and forth between parties to agree on exactly what documents are required.

Yes, if you have been married for at least a year and your marriage has irretrievably broken down.

One person or a couple jointly makes the application online.

You need your marriage certificate and there is a court fee to be paid.

A solicitor can do this for you and will ensure that the application is correctly completed as there are some potential pitfalls.

To find out more about our Divorce services, please see our Divorce and Separation page.

All healthcare professionals owe a duty of care to their patients. This means they must work to a standard that accords with accepted practice and observe all reasonable care in the provision of their particular treatment or therapy. Negligence usually occurs when the professional’s care falls below this expected standard, perhaps due to a mistake or poor judgment, and you may have a claim for compensation if this negligence causes injury or makes an existing injury worse.

‘Clinical’ in the term ‘clinical negligence’ is a catch-all word used to describe all aspects of healthcare and treatment. The phrases ‘Clinical Negligence’ and ‘Medical Negligence’ are often used interchangeably. They both encompass not just hospital treatments but care by any professional providing healthcare treatments or therapies, such as a GP, dentist, or physiotherapist. Sometimes the negligence may relate to a surgical mistake, sometimes it may relate to poor nursing care. The word ‘clinical’ is just a generic description for something healthcare-related.

As indicated in question (2), there are many different types of claim. However, successful claims have common elements, and whether you have a case is dependent on whether you have the required elements, namely:

a) Whether you received negligent care (i.e. below standard). This means you must demonstrate your care was below the standard expected of a ‘reasonable body of practitioners’; and

b) Whether you have suffered injury or harm as a result of receiving the negligent care in (a) above. This may seem straightforward in some cases but it can often be difficult to demonstrate due to the need to separate what injury was present before the negligent care was provided, and what additional injury has happened solely as a result of the negligent care.

To find out more, read our guide on what you need to prove in a clinical negligence claim.

Yes. Bringing a complaint will help you to get answers to what has happened and perhaps why particular decisions were made. The information uncovered during the complaints process can be extremely valuable when determining what went wrong and whether you have grounds for a compensation claim. It may also trigger an apology or admission.

Healthcare providers have a ‘Duty of Candour’ meaning they have to be open and honest with you about mistakes. If you are unsure or concerned about making a complaint, remember that you can discuss your concerns with us confidentially either before or after the complaint stage. We may also be able to assist you in preparing your complaint to ensure that all the important questions are asked and answered.

It really should not. If you complain or instruct Lawyers to investigate or even pursue a claim, this should not impact your ongoing treatment. However, if your complaint is about your treating clinician, clearly the patient / doctor relationship might be affected, and you may want to consider asking to be referred to someone else. If you are unhappy with your treating clinician, being referred elsewhere may of course be better all round.

There is a strict deadline which applies to clinical negligence claims. Formal court proceedings must start within 3 years of the actual incident or the date you became aware of negligence occurring. There are exceptions to this rule but working to the three-year principle is the safest approach.

Please note that the three-year deadline is not a trigger date for you to start action! There is a lot that can be and should be done within the three-year period. The justice system has created a formal pre-court process to follow to resolve medical negligence disputes. This process frequently results in a successful settlement without the need to involve the courts.

Not necessarily. In fact, the vast majority of cases settle without needing to go to court.

Claims can be brought by the Estate of the person that has died. The Personal Representatives of an Estate or Executors, have the authority to instruct legal representatives and pursue claims.

The legal costs in pursuing a claim can be high, particularly if a case goes to court. Fees are made up of legal costs and specific expenses like the cost of expert medical reports and court fees.

There are however various options available to fund a claim and make it financially possible.

Many cases are suitable for a ‘No Win No Fee’ agreement, also known as a Conditional Fee Agreement.

In the alternative, you may have the benefit of pre-existing insurance (often appended to home insurance) to cover any legal claims you may encounter.

Legal aid is generally not available following changes in the law.

Our team will be able to talk through the funding options with you, and to ensure that anything you do need to pay in costs is kept to a minimum.

This is very difficult to answer as each case is different. The level of compensation is specific to each individual case. Compensation is generally made up of two elements; a figure for the pain and suffering that you should not have had to endure (‘General Damages’), and a figure for financial losses such as loss of earnings (’Special Damages’). The pain and suffering element is often calculated by reference to similar cases and will reflect the impact on your daily life as well as any specific pain and suffering you have experienced.

Imprisonment for unpaid debts in the UK is generally abolished, but there remain limited exceptions and specific procedures under both English and Welsh law.

No, but a written agreement is helpful in establishing the debt.

No. You are still required to pay your student loan when you are bankrupt.

Once you are discharged from bankruptcy, you generally have no further liability for payment of your debts. However, this is not the case with student loans. Discharge does not release you from your liability to repay your student loan.

In a recent Supreme Court ruling, the Court considered whether there is a duty of trust owed by motor dealers to customers when arranging finance, and whether they need to disclose if they are paying commissions to anyone as part of their finance offering to customers.

The Court found that motor dealers are “separate agents” and are therefore free to pursue their own interests which includes receiving commission which they don’t have to tell customers about. The Court said the these undisclosed commissions did not amount to secret profits or bribes.

However, the Court did uphold that in one of the cases the relationship between the customer and the lender was unfair. This was based on the customer being commercially inexperienced and the unreasonable expectation the lender places on the customer to understand all the documents. Therefore, action can only be bought if it is clear on the highly fact sensitive circumstances that the customer has been treated unfairly by the failures of proper disclosure of commission.

If you have a CCJ, it will be entered onto the Register of Judgments, Orders and Fines. This entry will remain on the Register and your credit file for 6 years. When borrowing money, all lending institutions will search the Register to ensure that you are a good risk to lend to.

If you pay the full amount owed within one month of the date of the Judgment it will be removed from the Register.

However, if you paid in full outside the one-month timeframe, you will be required to demonstrate to the Court that full payment had been made to enable you to apply for a Certificate of Satisfaction. The Court will mark the CCJ as “satisfied” on your credit file. The CCJ will not be removed.

Enquire today to discuss your debt recovery needs.

Our specialists will assist and advise you on the most appropriate course of action. Our specialists will guide you through the process to protect your interests and achieve the desired result.

Battens Bespoke can provide guidance on Stamp Duty Land Tax (SDLT), ownership structures, and working alongside tax advisors where needed.

Battens Bespoke team can coordinate and liaise with an individual’s wealth managers, private banks and advisors, and in fact we actively encourage this so that we can understand an individual’s financial situation in a discreet manner.

Our high-value conveyancing service is designed specifically for properties worth £2 million and above, where transactions often involve greater complexity, higher stakes, and a need for discretion.

Battens Bespoke service includes a dedicated, named senior lawyer who is an expert in tailored legal advice, who can offer a secure and discreet service.

High-value homes often come with unique legal challenges. Listed buildings may carry historic title issues, restrictive covenants, or planning constraints. Modern luxury new builds can involve innovative construction methods and specialist warranties.

Additional land, annexes, riverside access, or on-site businesses introduce further complexity. Sometimes, even employment law considerations, such as TUPE, where staff like housekeepers or groundskeepers are involved.

Our experienced team of Lawyers anticipate these issues and provides clear, quick, practical advice, and where necessary, the expertise of another team within Battens to keep your transaction on track.

Buying or selling a property worth more than £2 million can involve aspects not usually experienced in a standard property transaction, resulting in a transaction that is not straightforward. High-value transactions have additional layers of legal and practical complexities.

An experienced lawyer is a must. One who understands and has experience in the finer details of dealing with high-value property. Having the right legal team on your side can save you from costly surprises.

If you have been married before and want to protect assets for yourself or your children.

If you own a business, land, property or a family farm wish you want to protect.

If you want to safeguard an inheritance you are expecting.

Contact one of our specialist solicitors who will be able to explain the process to you.

Both parties will need to have their own solicitor to ensure that each of you has independent advice.

Yes, as if you want to make sure your prenuptial agreement is enforceable you and your partner must both have taken legal advice independently of each other.

It is important to have legal advice because if the Court believes one of you did not get the right advice and that puts either of you at a disadvantage it can decide to ignore the prenuptial agreement.

Usually, the original will be retained by a solicitor and each of the parties will have their own certified copy of the prenuptial agreement.

Currently in England and Wales, prenuptial agreements are not legally binding. However, if drafted correctly, the Court will take them into consideration when resolving financial matters arising from a divorce.

The Court can decide to deviate from it if it is unfair, unjust or one party was under duress or did not understand the implications of it.

Conveyancing is the legal work undertaken to transfer the ownership of a property in the UK from one person to another. Our specialist conveyancing team also deal with other property related matters such as rectifying deflects in legal titles, lease extensions and remortgages. Please review our website for a comprehensive list.

Buying and selling property is a complex matter and it is important that the legal documents are correctly drafted. Your buyer will be relying on any statement or reply that you give during the transaction, and it is therefore essential that you fully understand what is being asked of you and that you give an accurate reply. Our property lawyers have years of experience and training to ensure that they can progress matters smoothly and they are available to assist with any questions or concerns that you may have during the course of your sale.

When you are ready to consider moving house, please contact us and we can provide a comprehensive quote to include our legal fees and the known disbursements (eg Land Registry Fees and Searches).

If you are buying or selling a Leasehold Property (eg a flat) there are additional fees to consider. For a sale, the landlord will provide a selling pack (LPE1s) and most companies will charge a fee for this; your lease may also contain provisions regarding additional payments on any sale or transfer. A buyer is typically charged a fee by the Landlord for updating their records. These fees vary company to company however can be several hundred pounds. Some Freehold properties have similarly charges, when there is a management company who maintain external common areas on the estate eg the roads or green areas.

Whilst it is not a legal requirement, if you are purchasing a property, it is always recommended that you arrange to have a survey conducted to check for any major problems and recommended works.

Some estate agents may be tied through a referral scheme to a specific conveyancing firm or local solicitor. Sellers and Purchasers should always have freedom of choice as to which lawyer they wish to appoint to assist them with their sale or purchase transaction. It is helpful to get quotes from various firms who could assist you, but you should not just rely upon the cost of the service when deciding.

Our advice is to always read reviews online for those firms as whilst some may be cheaper than others, they may not provide the service you expect to receive or which you deserve to receive. Battens prides itself on providing a service which is both reasonable in terms of cost, but one where a client should expect to receive a first rate service provided by a dedicated lawyer and their support staff member. Working in conjunction with one another.

Many different terms are used when describing a legal representative who carries out property work or conveyancing. A more effective term to use to describe the role would be property lawyer.

A Licensed Conveyancer is a conveyancing specialist who has qualified within the field of conveyancing or property law. They are a legally qualified person who deals solely with conveyancing work.

A conveyancing solicitor is someone who is a legally qualified solicitor who carries out conveyancing or property work. A solicitor is able however to practice in many other areas of law, including property as opposed to a Licenced Conveyancer who is only qualified to deal with conveyancing work.

There is no benefit when looking to appoint a property lawyer to carry out conveyancing work for a sale, purchase or re-mortgage for example, to choose a solicitor over a Licensed Conveyancer or vice versa. Whilst the qualifications each have obtained are different, both should be more than capable of assisting with a property transaction. However, someone who is listed as a ‘Conveyancer’ only may not be legally qualified and may be supervised by someone who is legally qualified instead. This should be checked before agreeing to instruct that person to assist with a property transaction.

On the face of it, there should be no disadvantages to using a solicitor for conveyancing. As long as that solicitor is competent in the field of property law and can confirm they are more than capable of carrying out a particular conveyancing transaction with experience with the specific transaction you wish to undertake.

A helpful tip is to perhaps research a particular individual online by visiting the firm’s website to get some idea as to the experience of the lawyer assigned to you or one you wish to instruct to deal with your property transaction. The firm’s website should list the individual’s qualifications, level of experience and whether they supervise other lawyers or are supervised themselves and by who.

Of course you do not need to, however, local solicitors have good working relationships with each other and can help improve transaction times. We have really good relationships with solicitors locally and it is always good to see a friendly name representing the seller/buyer. There’s also a lot of expertise locally so if there is a problem with the legal title that needs to be resolved we know how each other works and what is likely to be needed in order to resolve it saving a lot of back-and-forth emails.

Always the transaction time! Unfortunately buying or selling a house is not an instant process and there are hoops to jump through for compliance before we get to the legal work. It can really help speed things up if your ID and Source of Funding is all organised beforehand for a purchase, and for a sale if you can find all of those certificates you put in that “safe place” this will reduce the number of enquiries the buyer’s solicitor needs to raise. With leasehold, the most common frustration comes from dealing with landlords. Some are really good but for others you can wait weeks to get information from them, unfortunately.

The national average is about 12-14 weeks for a freehold sale or purchase (leaseholds do take longer), however there are so many factors that can impact this. We have to gather and review a lot of information to purchase a house so the quicker we get all of this in (the mortgage, searches, replies to enquiries) the quicker we can prepare a legal report to you with documents to sign. If however, there is a delay in getting some information this increases the transaction time. Of course transactions go through quicker than the average and some take longer, it very much depends on the property and the circumstances of the chain.

Our fees are on a sliding scale compared to property value so let us know if you need a quote and we can provide this for you. On a sale you would need to bear in mind any estate agents fees if you sell via them. On a purchase we detail how much the searches are likely to cost within our quote, but you should also factor in the cost of a survey if you are looking to obtain one of those. We do not organise the survey for you.

You being really organised with your paperwork helps us enormously. Source of funds can sometimes cause a bit of a stumbling block. We understand that it feels like you are providing a lot to us but 6 months worth of bank statements showing where the monies you are contributing are held, together with 6 months statements for any accounts that have paid into your account (e.g. if your deposit is in your savings and you have transferred money in from your current account we will need 6 months of both accounts) are required.

Also for a sale or a purchase we will need ID from you, so make sure you have downloaded a utility bill recently and your passport/driving licence is in date.

Yes, if you have been married for at least a year and your marriage has irretrievably broken down.

One person or a couple jointly makes the application online.

You need your marriage certificate and there is a court fee to be paid.

A solicitor can do this for you and will ensure that the application is correctly completed as there are some potential pitfalls.

If an applicant is on a low income or on certain benefits an application can be made for help with fees and the court will assess whether any or all of the court fee is required to be paid.

There are only very limited grounds on which a divorce can be defended. So if one person considers the marriage to have irretrievably broken down that will be sufficient to obtain a divorce.

The court sends the other person a copy of the application and they are required to acknowledge receipt of the papers.

After a period of 20 weeks from the issue of the application the Conditional Order can be applied for, this is the confirmation that you are entitled to a divorce.

Once the divorce application has been made you both need to be open and honest about your finances and provide each other with full details so that an agreement can be reached as to how you are going to divide things up.

There are a variety of factors that are taken into account such as the length of the marriage, whether there are children, what the income position of each of you is, your ages and so on. A specialist divorce lawyer will be able to advise you once full financial information has been obtained.

No. Divorce lawyers who are members of Resolution promote a constructive approach, listening to the client and aiming to get the best for them whilst guiding them through the process. If you both have your own legal advice you can make informed decisions based on legal advice. You are paying for expertise and experience.

It is drafted into a Court Order and sent to the Court for consideration by a Judge, with other documents that the Judge needs so that they have enough information to decide if the proposed Order is fair in all the circumstances.

The Financial Order can only be sent to the Court after the Conditional Order has been pronounced.

The Judge will either approve the Order or may raise some questions. Once it is approved it will be an Order of the Court and it will need to be implemented so that the terms you have agreed are actioned.

The Judge will either approve the Order or may raise some questions. Once it is approved it will be an Order of the Court and it will need to be implemented so that the terms you have agreed are actioned.

Six weeks after the Conditional Order has been pronounced the application for a Final Order of divorce, the document that dissolves your marriage, can be applied for.

You may be advised not to apply for the Final Order immediately if finances have not been resolved or if there is a Pension Sharing Order as part of the settlement.

For specialist advice on all aspects of family breakdown, including settlement of finances and resolving arrangements for any children of the family, contact one of our team who will support, guide and advise you through this difficult time.

A company secretary is responsible for ensuring a company's compliance with company laws and regulations. Company secretaries should stay vigilant about changes to the law and must then assess the impact of that change on the company. They also develop strategies to meet compliance obligations.

Outsourcing can be a practical and cost-effective solution, allowing company directors to focus more on the day-to-day running of the business as opposed to having to keep abreast of new developments in Company Law.

Company secretaries play a vital role in any business, ensuring good governance and legal compliance. As governance professionals with a thorough knowledge of the Companies Act and other legislation, they keep abreast of any changes to the law, take on vital responsibilities and ensure the company meets all of its obligations and acts within the law at all times.

The company secretary is an officer of the company and their duties can be wide-ranging, including:

• Maintaining the company’s statutory records and registers (the company books).
• Filing annual and adhoc forms at Companies House to inform Companies House of any significant changes in the company’s structure or management.
• Arranging meetings of the directors and the shareholders, involving the issue of proper notice of meeting, preparation of agenda, circulation of relevant papers and taking and producing minutes to record the business transacted and the decisions taken.
• Establishing and maintaining the company’s registered office as the address for any formal communications.
• Ensuring that all the company’s business stationery carries its name, registered number, country of registration and registered address (and VAT number if applicable). These details must also appear on the company website, emails, order forms and invoices.
• Ensuring the security of the company’s legal documents, including for example, the certificate of incorporation and memorandum and articles of association.
• Advising directors on their duties and ensuring that they comply with corporate legislation and the articles of association of the company.

A private limited company is not generally required to appoint a company secretary. However, its directors remain responsible for ensuring that the company meets its legal obligations, maintains accurate records and makes the necessary filings at Companies House. Outsourcing company secretarial work can help directors manage these responsibilities effectively.

Our annual fixed-fee company secretarial service includes filing annual confirmation statements, recording director appointments and resignations, maintaining statutory registers, dealing with share allotments and transfers, company formations and restorations. We can tailor our support to the requirements of your company.

A confirmation statement confirms that the information held by Companies House about your company is accurate and up to date. Every company, including dormant and non-trading companies, must file one at least once every year, even if there have been no changes during the review period. We can prepare and file your confirmation statement on your behalf.

We will review your company’s statutory records and the information held at Companies House, identify any gaps or inconsistencies, and advise you on the steps required to bring the records up to date. This could include changes to directors, shareholders, share capital, registered addresses or people with significant control.

Yes. We can prepare the necessary documentation and notify Companies House when a director is appointed or resigns. We can also help ensure that the company’s internal records and statutory information are updated correctly.

Yes. We can assist with share transfers and share allotments, including preparing the required company documents, updating the statutory records and completing relevant Companies House filings. The correct process will depend on the company’s articles of association and individual circumstances.

All company directors and anyone with significant control must, by law, complete identity verification to confirm they are who they say they are. This requirement is designed to reduce fraud and improve the transparency, trustworthiness and accuracy of the Companies House register. Battens Solicitors Limited is an Approved Corporate Service Provider because we carry out rigorous anti‑money laundering checks as part of our client due diligence process and are regulated by the Solicitors Regulation Authority (SRA). As an ACSP, we can complete the identity verification process on your behalf and obtain your unique Companies House personal code. This code belongs to you as an individual, not to your company or employer

Yes, we can provide an annual fixed fee service for companies to use Battens’ head office as a physical address to receive official correspondence and formal notices from government departments. As the registered office address is publicly available on Companies House this ensures that directors’ and others’ personal addresses remain private.

We are able to assist with the restoration of a company dissolved within the last 6 years. The circumstances of the company’s dissolution will determine the route taken to restore the company, however we can assist in the process for the Company to once again be listed at Companies House.

Copyright is the right of a creator to own, profit from, sell or license what they have created. It is a type of intellectual property, but is different to a patent (which covers a process or invention, like a new drug) or a design (which is a template for something that can be manufactured commercially – like Trunki) or a trade mark (which is a brand name or slogan to identify and differentiate yourself from others in the marketplace).

Examples are music, books, scripts or photographs. Ideas in themselves cannot be copyrighted. It's the execution of that idea into an original work that can be copyrighted.

A photo, song, audio-visual or written creation is automatically protected the moment it is finished: the challenge lies in proving that it is you, and not someone else, that created it. For many years, to prove copyright, an author would post their work to their lawyers or banker by registered post and ask them to keep the package unopened with the postmarked date-stamp as proof of creation. Now, there are other ways you can prove your ownership, but things have not moved on that much.

There is no official UK copyright registration system, but you can register it online with the US copyright office, which carries weight internationally and can always be pointed to as proof that you registered something on a specific date. You can find the US copyright office at https://www.copyright.gov/ and it costs US$55 per registration if you do it direct online. Often, screenwriters register their work with the Writer's Guild of America (even British ones) as it is another way of proving that it's your screenplay and not someone else's. You can also use the little © symbol to show others it's your work. For example: a copyright statement might read: “ © 2017 Jane Smith All Rights Reserved”.

The more detailed your description of the idea, the better, for example if you write a twenty page treatment of a film: that treatment is copyright the moment it's created, as it will count as an original work. Ideas are cheap: it's the execution of that idea into something tangible that makes it capable of being protected by copyright law. So if you're pitching your work, you should keep track of who you meet with, and when. Sometimes a non-disclosure agreement (“NDA”) is appropriate, but generally you'd see them more in the case of an industrial patent or commercial design (which are not copyrightable works in the way a book is). In books, TV and film, often the person you're pitching to won't like signing an NDA because they might think that you don't trust them.

A trade mark is a word or a catchphrase that you can use to differentiate your product or service in the marketplace, such as Nike, Chanel, "just do it" (Nike) or Diageo. You can add brand value by doing this, and in certain circumstances charge a premium for your product or service.

When you decide on a name for your business, or goods or services.

Registering a company at Companies House or buying a domain name does not stop someone else from using your name to market themselves or their own goods and services. They may choose to register a trade mark to protect their brand, in which case you may have an expensive and lengthy battle to regain control of what should be your name and brand. Owning a trade mark adds value to your business: intellectual property (which includes trade marks, copyright, designs and patents) can greatly increase your bottom line and even bring in new revenue streams from licensing. It is invaluable in the event of a business sale, as most incoming buyers will need to see that what they're buying includes your trade marks.

In the country or countries where your business operates or sells its goods and services. If this is just the UK, then a UK trade mark will be right for you, but if you want to trade in the EU, either now or in the future, then you should consider registering in the EU, which covers all EU countries. For countries outside the EU, please contact us.

As a sole trader, your business is just you, even if you trade under a business name that gives the impression of a larger concern. If you are a sole trader, when things go wrong, or you need to borrow money, or your business is sued, you are potentially on the hook for the whole of your personal assets.

When you set up a company, you create another legal entity (like another legal “person”) that can enter into contracts, borrow money and be sued, all in the company name. Setting up a company gives you limited liability, and can offer you a degree of protection for your personal assets. A corporate structure can also be beneficial for tax planning purposes.

It is a binding document designed to regulate the relationship between the shareholders of a company. If you are a shareholder in a company and you either already have other shareholders or you want to bring some on, potentially as directors as well, then a shareholder agreement can be very useful.

It sets out the rights and obligations of each shareholder to the other(s), can define roles and responsibilities and can set out a framework for what should happen if things go wrong, or someone wants to sell their shares or even the whole company. Yes, the articles of association may regulate some of that relationship, as may the Companies Act 2006, but you might want to make things more detailed and also you might want to keep some things off a public register (unlike articles, which are a publicly-viewable document).

The short answer: very. These are contractual provisions that you want to govern the relationship between your company and its customers. Often, different provisions will apply to individual customers (business to consumer or “B2C”) as opposed to business customers (business to business or “B2B”). Most businesses nowadays have terms of use for their websites, and on those sites there may also be a link to the terms and conditions which will apply when a customer, individual or business, buys products and services from your business.

Terms and conditions are therefore very important: you will want to use them to protect your business as much as possible, whilst being open and clear with your customers as to what their rights are. Laws like the Consumer Rights Act 2015 will regulate what you can and can’t say to consumers, and what promises as to quality, refunds and so on you need to give them. You can impose stricter terms and conditions on businesses you sell to because businesses are expected to be able to protect themselves to a greater degree than ordinary consumers.

If you want to diversify, or to grow faster than organically, or to take out a competitor, then taking a stake in a suitable target company, or buying it outright, is one way to do it.

We have had farmer clients diversify more than Jeremy Clarkson and we have had IT entrepreneurs investing in a hospitality business. A travel company in Dorset decided to purchase its (local) competitor to accelerate growth, or a US multinational tech behemoth snapped up a clever piece of tech, together with the whole company.

Companies have shareholders – the owners – and they also have directors: not necessarily the same people, even though often, especially in a smaller company, they are. The directors of a company are responsible for its day to day operation, for its cashflow and accounting (they sign off the accounts even if audited). They may be paid under a service contract with the company, or unpaid.

If you are a company director, you generally owe a duty to act in the best interests of the company as a whole, and not to do anything that might conflict with that, including, for example, entering into contracts with the company simply to benefit yourself. In the latter example, you would need to disclose any conflict of interest to your fellow directors and they would be entitled to vote on whether or not to authorise that conflict of interest.

You must exercise reasonable care and skill in your role. You also have an obligation not to continue to trade if you believe the company to be insolvent – which means unable to pay its debts as they fall due, and this can, in certain circumstances, trigger personal liability for a director.

The obligations of a director can be onerous, but you can check the Government website for free guidance, as well as the Companies Act 2006 and your company’s articles of association. There may also be obligations for shareholder/directors set out in any shareholder agreement that your company has.

We advise directors in a number of areas, as often it can be unclear as to where limited liability stops and personal liability starts.

Q1. Would I be eligible to make a claim for compensation following a criminal injury?

There are a number of hurdles to jump in order to be eligible to make a claim for compensation to the Criminal Injuries Compensation Authority (CICA) which include:

• Your injuries must be directly attributable to “a crime of violence” committed in Great Britain.
• You must have been resident in the UK on the date that the criminal injury occurred.
• The incident giving rise to the criminal injury must have been reported to the police as soon as possible and you must have co-operated with the police in bringing your assailant to justice.

Read more: How to claim compensation if you are the victim of violent crime or assault.

Q2. What is the most important thing to do immediately after the criminal injury has happened?

Call the police and report the incident to them.

You can also assist in the police investigation and possibly therefore your claim by writing down the details of the person who attacked you (if you know who they were), taking details of any witnesses to the incident and collecting any mobile phone footage that may have been captured of the incident as it took place.

Q3. Is there a time limit for contacting a solicitor about a potential criminal injury claim?

Yes – a claim for compensation arising from a criminal injury must be made as soon as practicable after the incident has taken place and in any event within 2 years of the date on which the incident took place. This time limit is only extended in exceptional circumstances, although special provisions do apply if the injured person was a child when the incident happened. It is not necessary to await the outcome of the criminal proceedings or a conviction before making a claim for compensation, particularly since doing so may risk the time limit being missed.

Q4. What information will I need to provide when I first contact my solicitor?

As well as telling your solicitor all the information you have about your assailant, what exactly happened and where, whether there were any witnesses and what action the police are taking, your solicitor will want full details of the injuries you have suffered and of any financial losses (such as loss of earnings), some of which can be included in the claim for reimbursement.

Your solicitor will also want to know whether you have any criminal convictions yourself since that might be relevant to the amount of compensation you can seek to claim.

Q5. How will my claim be funded?

In many cases, you will not pay anything to Battens until your claim has been resolved, at which point an agreed percentage of your compensation award will be retained in settlement of your legal fees for pursuing their claim. If your claim is unsuccessful and no award is made, then you will pay nothing.

Q6. How long will my claim take?

Unfortunately, neither you nor your solicitor can have any control over the amount of time it takes from date of receipt for things to be processed and moved to the next stage by the CICA.

Whilst your solicitor will do everything that they can to avoid any unnecessary delay, the CICA backlog often means that there are large periods of time between information being submitted and any response being received such that it would be unusual for even the simplest of claims to have been concluded within less than 1-2 years from the date the claim is submitted for consideration.

Q7. Will I have to attend a medical examination?

Many CICA claims are decided based on information obtained in written form from your GP or people that have treated you for the injuries that you suffered and you may not therefore need to attend a medical examination, but you will need to consent to medical information about you being passed from your GP and treatment providers to the CICA.

Q8. How much compensation will I get?

CICA compensation payments are calculated by reference to a strictly applied tariff system which splits injuries into categories based on what has been injured, sub-sectioned into how serious the injury is or was. Your solicitor should be able to give you an idea of where within the tariff system your claim will sit when you have provided all necessary information to them.

In some cases, additional claims can be made for loss of earnings or special expenses (including costs of care), but the eligibility criteria for these additional claims is very narrow. Again, your solicitor will be able to advise you whether you meet the necessary criteria when you meet.

Because the CICA payments are not generous, it is sometimes advantageous to make a CICA claim in tandem with a personal injury claim, should it be determined that the assailant has either insurance or assets sufficient to meet the compensation and costs that will be claimed. If both a personal injury and a CICA claim are successfully pursued, then the amount paid by the CICA would have to be repaid from the compensation received in the personal injury claim, to ensure that you are not compensated twice.

Q9. Will I have to go to court?

Most CICA claims conclude when the CICA makes its original determination or, in some cases, on application for reconsideration, should the original decision be found not to have taken all relevant information and expert opinion into account. It is therefore not usually the case that a CICA claim is decided by the Court, but it should be possible to say at a relatively early stage whether your claim will fall into a class of claims likely to be heading that way.

Q10. Does my assailant have to be convicted in order for my claim to be successful?

No – a CICA claim can be pursued even if the criminal charges made against the assailant do not end in a conviction.

Learn more about Battens' legal services for personal injury claims.

The general principles you will find in the FAQs Personal Injury Claims will apply to claims arising from road traffic accidents, and you may therefore like to read those as well as these additional specifics that it would be helpful to be aware of if you are unfortunate enough to be involved in a road traffic accident and to suffer injury.

Q1. What should I do immediately after the accident?

If the accident is serious and there are obvious injuries involved, then the police and emergency services should obviously be called first and foremost to take charge of the scene and ensure everyone there is appropriately looked after. The police will usually record all the relevant details you would need to bring a claim, and therefore a note of the name and collar number of the police officer that takes charge is important.

Even if the police do attend, but particularly if they do not, you (if you are in a position to do so) should request contact details (name, address and telephone number) and also insurance details (name of insurer and policy number) from any other driver involved in the accident. It is also extremely important that you take the vehicle registration number of every vehicle involved.

It is usually helpful to take photographs of the positioning of all vehicles involved in the accident before anything is moved, the wider location of the accident and also any damage the vehicles have suffered as that can be important evidence to support how you say the accident happened and whose fault it was when your claim is started.

If you have a dash cam, you should save your footage and also establish whether any of the other vehicles involved or that witnessed the accident have dash cam footage that they are willing to share with you. Gathering the contact information of any witnesses can also be helpful.

If any of your personal belongings have been damaged or destroyed as a result of the accident, for example a mobile phone, you should take photographs of this, again before anything is moved.

Q2. Is there anything else I should do after I have left the scene

You should contact your insurance company as soon as practicable to report the accident to them.

Even if the accident was not your fault and so you will not be making a claim for loss and damage against your own insurance policy, you should still report the accident to your insurer as a failure to do so may result in your insurance being invalidated or your insurer refusing to cover a claim should there be a reason why you do end up having to claim on your own policy.

Once the accident has been reported to your insurer, they will usually then liaise directly with the insurer of the driver at fault to arrange for the repairs to your vehicle to be carried out as swiftly as possible and your premium and no-claims bonus will only be affected if your insurer is unable to recover any money it has paid out from the insurer of the driver who was at fault.

If the accident was serious but not so serious as to warrant immediate police attendance, then you might also consider reporting it to the police later on.

Q3. Should I contact my GP/hospital following an accident?

Yes - you should always seek medical assistance from your GP or hospital following an accident so you can receive any necessary treatment for any injury you have sustained.

It is also important that your injury details are recorded in your medical records. If therefore you do not consider your injuries sufficiently serious to warrant attendance either at A&E or at your GP surgery, then it is a good idea to phone your GP surgery and ask them to make a note in your records of the accident having happened and the injuries you suffered as a result – this will make it more difficult for your opponent to argue later on that the accident did not happen or that you did not suffer the injuries you say you suffered when you say you suffered them.

Learn more about Battens' legal services for personal injury claims.

More FAQs about Road Traffic Accident Claims

Related information: Claiming Against an Uninsured Driver

The general principles you will find in the FAQs Personal Injury Claims will apply to claims arising from accidents at work, and you may therefore like to read those as well as these additional specifics that it would be helpful to be aware of if you are unfortunate enough to be injured at work.

Q1. What should I do immediately after the accident?

You should report the accident to your employer as soon as possible (ideally on the same day) and make sure that the accident is recorded in an Accident Book. You should read exactly what is recorded in the book to make sure that it accurately details the accident circumstances. You should then sign and date the accident record. If your employer will then let you have a copy of the completed record, that would be very helpful for us.

Q2. Should I gather evidence?

It is a good idea to take photographs if your accident has been caused by an object, such as an item of defective work equipment that has broken and caused you to be injured, or by an object which has been left lying on the floor due to the negligent actions of a colleague. In short, if there is an obvious cause of your accident, it will be extremely useful for you to photograph this. If possible, photographs should be taken as soon as possible after your accident, to avoid the risk of the item being disposed of or the scene being changed, which would destroy what could be crucial evidence in your claim.

If there were any witnesses to your accident also, it would be a good idea to write down their names and personal contact details and ask whether they would be willing to help support your claim.

Q3. Should I contact my GP/hospital following an accident?

You should always seek medical assistance from your GP or hospital following an accident so you can receive any necessary treatment for any injury you have sustained.

It is also important that your injury details are recorded in your medical records and so even if your injuries are not sufficiently serious that you believe you need to see a doctor about them, it is a good idea to phone your GP surgery and ask them to make a note in your records of the accident having happened and the injuries you suffered as a result – this will make it more difficult for your opponent to argue later on that the accident did not happen or that you did not suffer the injuries you say you suffered when you say you suffered them.

Q4. What if I need time off work as a result of the accident?

You should make sure your employer is aware that you cannot attend work as a result of the injury/injuries you sustained in the accident and ask them what they will pay you until you are fit enough to return.

If you are told that you will only receive Statutory Sick Pay or not be paid at all until you are well enough to return, then you may need to consider claiming benefits to cover your financial commitments until you are back on your feet. We can advise you on how best to seek advice and support for this.

If you are going to be absent from work for some time as a result of your accident and injuries, then your employer may have to complete paperwork and may require you to be assessed by an Occupational Health Advisor as part of their absence policy. It is important that you co-operate with that process and let us know what your employer proposes so that we can advise you of your options and ensure that you are not committing yourself to something that might adversely affect your claim.

Should liability be admitted by your employer once your claim has been started, then a request, or an application, if necessary, can be made for an interim payment, or a payment on account of the compensation you will receive at the end of your claim, to help financially as your claim progresses.

Learn more about Battens' legal services for personal injury claims.

More FAQs about Accidents at Work

What is conveyancing?

Conveyancing is the legal work undertaken to transfer the ownership of a property in the UK from one person to another. Our specialist conveyancing team also deal with other property related matters such as rectifying deflects in legal titles, lease extensions and remortgages. Please review our website for a comprehensive list.

How long does conveyancing take?

An average sale or purchase will take around 8-10 weeks from instruction to completion. Various factors can alter this timescale, such as the complexity of the matter, or any lender requirements that must be fulfilled. As your matter progresses, we will endeavour to keep you updated on any issues that arise, which could impact on those timeframes, so that you can plan accordingly.

Do I need a Conveyancer to sell my house?

Buying and selling property is a complex matter and it is important that the legal documents are correctly drafted. Your buyer will be relying on any statement or reply that you give during the transaction, and it is therefore essential that you fully understand what is being asked of you and that you give an accurate reply. Our property lawyers have years of experience and training to ensure that they can progress matters smoothly and they are available to assist with any questions or concerns that you may have during the course of your sale.

What additional costs should I consider when moving or buying a house?

When you are ready to consider moving house, please contact us and we can provide a comprehensive quote to include our legal fees and the known disbursements (eg Land Registry Fees and Searches).

If you are buying or selling a Leasehold Property (eg a flat) there are additional fees to consider. For a sale, the landlord will provide a selling pack (LPE1s) and most companies will charge a fee for this; your lease may also contain provisions regarding additional payments on any sale or transfer. A buyer is typically charged a fee by the Landlord for updating their records. These fees vary company to company however can be several hundred pounds. Some Freehold properties have similarly charges, when there is a management company who maintain external common areas on the estate eg the roads or green areas.

Whilst it is not a legal requirement, if you are purchasing a property, it is always recommended that you arrange to have a survey conducted to check for any major problems and recommended works.

How to choose a conveyancing solicitor?

Some estate agents may be tied through a referral scheme to a specific conveyancing firm or local solicitor. Sellers and Purchasers should always have freedom of choice as to which lawyer they wish to appoint to assist them with their sale or purchase transaction. It is helpful to get quotes from various firms who could assist you, but you should not just rely upon the cost of the service when deciding.

Our advice is to always read reviews online for those firms as whilst some may be cheaper than others, they may not provide the service you expect to receive or which you deserve to receive. Battens prides itself on providing a service which is both reasonable in terms of cost, but one where a client should expect to receive a first rate service provided by a dedicated lawyer and their support staff member. Working in conjunction with one another.

Licensed conveyancer vs conveyancing solicitor: what’s the difference?

Many different terms are used when describing a legal representative who carries out property work or conveyancing. A more effective term to use to describe the role would be property lawyer.

A Licensed Conveyancer is a conveyancing specialist who has qualified within the field of conveyancing or property law. They are a legally qualified person who deals solely with conveyancing work.

A conveyancing solicitor is someone who is a legally qualified solicitor who carries out conveyancing or property work. A solicitor is able however to practice in many other areas of law, including property as opposed to a Licenced Conveyancer who is only qualified to deal with conveyancing work.

When should I use a solicitor rather than a conveyancer?

There is no benefit when looking to appoint a property lawyer to carry out conveyancing work for a sale, purchase or re-mortgage for example, to choose a solicitor over a Licensed Conveyancer or vice versa. Whilst the qualifications each have obtained are different, both should be more than capable of assisting with a property transaction. However, someone who is listed as a ‘Conveyancer’ only may not be legally qualified and may be supervised by someone who is legally qualified instead. This should be checked before agreeing to instruct that person to assist with a property transaction.

Are there any disadvantages of using a solicitor for conveyancing?

On the face of it, there should be no disadvantages of using a solicitor for conveyancing. As long as that solicitor is competent in the field of property law and can confirm they are more than capable of carrying out a particular conveyancing transaction with experience with the specific transaction you wish to undertake.

A helpful tip is to perhaps research a particular individual online by visiting the firm’s website to get some idea as to the experience of the lawyer assigned to you or one you wish to instruct to deal with your property transaction. The firm’s website should list the individual’s qualification, level of experience and whether they supervise other lawyers or are supervised themselves and by who.

Should you choose a solicitor that’s local to you?

Of course you do not need to, however local solicitors have good working relationships with each other and can help improve transaction times. We have really good relationships with solicitors locally and it is always good to see a friendly name representing the seller/buyer. There’s also a lot of expertise locally so if there is a problem with the legal title that needs to be resolved we know how each other work and what is likely to be needed in order to resolve it saving a lot of back-and-forth emails.

Common frustrations of buying and selling a house

Always the transaction time! Unfortunately buying or selling a house is not an instant process and there are hoops to jump through for compliance before we get to the legal work. It can really help speed things up if your ID and Source of Funding is all organised beforehand for a purchase, and for a sale if you can find all of those certificates you put in that “safe place” this will reduce the number of enquiries the buyer’s solicitor needs to raise. With leaseholds the most common frustration comes from dealing with landlords. Some are really good but others you can be waiting weeks to get information from them unfortunately.

How long does conveyancing take?

The national average is about 10-14 weeks for a freehold sale or purchase (leaseholds do take longer), however there are so many factors that can impact this. We have to gather and review a lot of information to purchase a house so the quicker we get all of this in (the mortgage, searches, replies to enquiries) the quicker we can prepare a legal report to you with documents to sign. If however, there is a delay in getting some information this increases the transaction time. Of course transactions go through quicker than the average and some take longer, it very much depends on the property and the circumstances of the chain.

Paperwork efficiency and tracking milestones

You being really organised with your paperwork helps us enormously. Source of funds can sometimes cause a bit of a stumbling block. We understand that it feels like you are providing a lot to us but 6 months worth of bank statements showing where the monies you are contributing are held, together with 6 months statements for any accounts that have paid into your account (e.g. if your deposit is in your savings and you have transferred money in from your current account we will need 6 months of both accounts) are required.

Also for a sale or a purchase we will need ID from you, so make sure you have downloaded a utility bill recently and your passport/driving licence is in date.

How much do conveyancing fees cost?

Our fees are on a sliding scale compared to property value so let us know if you need a quote and we can provide this for you. On a sale you would need to bear in mind any estate agents fees if you sell via them. On a purchase we detail how much the searches are likely to cost within our quote, but you should also factor in the cost of a survey if you are looking to obtain one of those. We do not organise the survey for you.

What does exchange of contracts mean?

Exchange of contracts is when the transaction becomes legally binding and the completion date is set. This means you can start organising the practicalities of the move, such as booking removal companies and putting in place buildings insurance.

Prior to exchange, both the seller and buyer will be given a contract containing the terms of the transaction to sign and return to their conveyancer. The buyer will also transfer their deposit (usually 10% of the purchase price) and exchange of contracts can then take place. This involves both the buyers and seller’s solicitor confirming the terms of the contract over the telephone and once exchanged, neither party can pull out of the transaction without a penalty.

What happens on completion day?

This is the date where the money and keys change hands; the seller moves out and the buyer can collect the keys and move in.

Prior to the day of completion, the buyer’s solicitor should ensure they have all funds for the purchase in (including any mortgage money). On the day of completion, the purchase funds are sent from the buyer’s solicitor to the seller’s solicitor and once the seller’s solicitor has received them, completion has taken place. The Estate Agent is then contacted by the seller’s solicitor to confirm that they can release the keys to the buyers.

Can you do building work between exchange and completion?

On exchange, you do not automatically get access to the property. The exchange of contracts fixes a completion date which usually follows in the next week or two and that is the date the buyer will get the keys and have access to the property. However, on some occasions where access is required to carry out building work, if the seller is agreeable, the buyer can be granted a “key licence” so that they can get the keys to access the property to carry out works. The key licence will set out the terms in which the buyer can access the property and what works they are able to do under that licence.

Can you exchange and complete on the same day?

Yes. This is called a simultaneous exchange and completion. This is usually avoided because most parties want confirmation that the completion date is set in stone so that they can start arranging their move and without exchanging, the completion date is still uncertain. The other disadvantage of a simultaneous exchange and completion is that where there is a chain, it can take quite a lot time for all of the exchanges and completions to go through meaning that completion may be later in the day than it would be if the contracts had been exchanged beforehand and all money is set up ready to go.

Penalties for late completion / not completing at all

The contract will contain a contracted time in which the legal completion should take place by and if this is not met, the contract has been breached. If there is a hold up on the day of completion and this causes inconvenience for others in the chain then “notice is served” on the party causing the hold up. This involves sending a notice to the other party to confirm they have breached the terms of the contract for completing late.

If completion is late, interest payment may be due. If costs are incurred by a party in the chain and they therefore suffer loss due to the late completion, for example, if someone needed to pay for storage over night or stay in a hotel, then this can be claimed by that party and those further up the chain, depending on who is at fault for the late completion.

If the transaction does not complete at all, there are a number of penalties which can be imposed such as retaining the buyer’s deposit, damages or requiring the party at fault to do something to rectify the issue at hand.

Find out about Battens' legal services for residential conveyancing.

Q1. When it comes to health and safety at work, what rights do employees have and what obligations do employers have?

Employers are legally responsible for the health and safety management of their employees. They must do whatever is reasonably practicable to protect their employee’s health, safety and welfare.

In order to do this employers have legal duties to assess the risks to their employees in the workplace. Any identified risk to the employee should then be addressed by the employer and any risk eliminated or reduced as far as reasonably practicable, this can include training of employees and safety measures.

Employers should have a health and safety policy in place for the protection of their employees. Employees should be made aware of the employer’s safety policies and procedures. The obligations on employers depend on the size of the business and the number of employees.

For particularly high risk activities there are specific rules and obligations on employers that are imposed by law.

Employers are required to consult their employees on health and safety. This can be by speaking to them directly or via a health and safety representative.

If employees think that their employer is exposing them to risk or is not carrying out their legal duties they should inform their employer of this in the first instance and, if no satisfactory response has been received, workers can make a complaint to the Health and Safety Executive.

If an employer fails in their health and safety duties and an employee is injured as a consequence the employee has the right to pursue a civil claim for compensation against their employer.

Q2. What is classified as a work-related illness and how can a solicitor help you to make a claim?

A work related illness is an illness which is caused or contributed to by a work activity. The work activity may not have caused the condition but may have aggravated a pre-existing condition.

Examples of some of the compensable work related illnesses are asbestos related illnesses where the exposure to asbestos occurred whilst undertaking a work related activity, industrial deafness, industrial asthma, stress, dermatitis and vibration white finger.

A solicitor can help you to make a claim by investigating exactly how the illness came to develop, what caused the illness and to identify who was and may now be responsible for paying compensation for the illness.

A solicitor can also assist you in ensuring that you are obtaining the correct benefits for the illness from which you are suffering.

Q3. What issues can arise when making a claim against employers?

Some work-related illnesses develop many years after a sufferer has left the work place. A good example of this is asbestos related illness claims where the illness may develop over 20 years after work place exposure to asbestos.

In these claims the employer may have ceased trading or an employee may no longer be able to recall exactly who they worked for. If the sufferer was an employee it may be possible for a solicitor to obtain their employment history in order to assist in providing the identity of a defendant.

If the company is no longer trading a solicitor may be able to trace the insurer for the company and to direct the claim to them.

If the person suffering from a work-related illness remains working for the company that caused their illness there may be issues relating to their employment rights on which a solicitor can advise.

Q4. Is there a time limit on making a work-related illness claim?

Yes. Strictly speaking the time limit for issuing a work-related illness claim with the court is usually three years from the date of diagnosis (NOT three years from the date of exposure).

It is worth getting advice from a solicitor who is specialist in this area as the circumstances involving work-related illness claims may mean that calculating the time limits are more complex than in other types of claim.

Learn more about Battens' legal services for personal injury claims.

There are many hurdles to jump when you’re purchasing a new home.

1. Know the true costs and set a budget. Don’t just save for a deposit; budget for the whole buying process including surveys, searches, land registry, mortgage arrangement and legal fees, stamp duty, removal and furnishing costs and any potential repairs. And, if you’re buying a leasehold property, remember to factor in service charges and ground rent.
2. Get an ‘Agreement in Principle’ before making an offer. Talk to a mortgage adviser about mortgage deals, then get an 'agreement in principle' from a mortgage lender – it could give you the edge on buyers without one.
3. Consider your options - if you are a first time buyer, it’s well worth exploring the government’s first time buyer initiatives.
4. Appoint an experienced lawyer - a good lawyer will manage the legal side of house buying and ensure everything goes smoothly.
5. Get first dibs – ask local estate agents to call when suitable properties are about to come onto the market, that way you can book one of the first viewings.
6. Ask questions – find out as much as you can about the area and the property, including how many viewings and offers it’s had - it helps when it comes to negotiating.
7. Be realistic about timings – local searches can take up to 18 weeks and if you’re in a chain, not everyone will be ready when you are.
8. Commission a full property survey – it's different to a valuation survey and will flag up any problems that could cost you later down the line. Your lender may require you to use a specific surveyor.
9. Get insured – find a comprehensive building insurance policy with no onerous restrictions they can impose if, for example, you’re purchasing in a flood risk area.
10. Draw up a Will – if you die, you'll want your assets (including your home) to be distributed to your loved one. Ask a lawyer to help you draw up a legally binding will.

Q1. How do I know whether I can make a personal injury claim?

If you are able to prove that you have suffered an accident that was not your fault - for example a road traffic accident caused by somebody else, or an accident at work where you have not been issued the correct safety equipment - you may have the basis of a claim for compensation.

Q2. Is it wrong to claim?

The law exists to provide redress and compensation for people injured through no fault of their own. Insurance companies sometimes try to criticise people for claiming compensation for personal injury. They say that to reduce the number of claims that are made. However, you should not be embarrassed or feel ashamed about making a claim when you have been injured or affected financially by the negligent actions of others. Not only have we as a society decided that such claims are appropriate and that the state should support them, but insurers are secretly pleased that such claims are made since if there were no claims then there would be no need for insurers.

Q3. Is there any time limit for consulting a solicitor about a potential claim?

Yes – most personal injury claims must be started in court no more than 3 years after the accident if the claimant is an adult, or no more than 3 years after their 18th birthday if the claimant is a child. However, different time limits apply to some different types of claim, so the sooner you consult a lawyer, the less the risk for you.

Q4. How will my claim be funded?

Many people have the benefit of legal expenses insurance with their home or motor insurance or even attached to some credit cards. That insurance may provide cover in cases of personal injury. Some people are members of a trade union which may provide them with assistance. In the event that you have no insurance or trade union cover, Battens may well be able to offer you a no-win-no-fee agreement tailored to your specific circumstances. In any event, our Personal Injury Team will be able to talk through the funding options with you and help you to decide which would best fit your needs.

Q5. How long will my claim take?

It is often impossible to give a precise indication of the future timescale. In general, though, very straightforward personal injury claims can be concluded within 9-12 months from the date the claim commenced. This will however depend on how long the recovery from the injuries takes, on whether additional treatment is recommended for the patient before a final prognosis can be given, and so on. More protracted claims, in particular claims which involve significant and multiple injuries with a long recovery period, Court proceedings and possibly also a trial, may take 2 years or more to conclude.

Q6. Will I need a medical examination?

Yes – in most cases you will need to see an independent medical expert (someone who does not already know you and has not previously been involved in your care) who will examine you and prepare a report, or reports, detailing the injuries you have suffered and saying whether you are likely go on to make a full recovery. These reports will be used to value your claim for the purposes of settlement, and if the claim goes to a final hearing the Court will consider them.

Q7. How much compensation will I get?

In most personal injury cases, you will be able to claim for the pain, suffering and any limitations caused to your day-to-day living as a result of your injuries. This will be calculated by reference to the expert medical evidence. In addition, you can make a claim for financial losses you have suffered as a result of the accident, for example loss of earnings.

Q8. What deductions will be made from my compensation?

In many cases, we will make no deductions, to take towards your legal fees, from the compensation that you receive. It may though be necessary for you to pay from your damages the premium for an insurance policy if you decide to take one out - such a policy would protect you against the risk of having to pay expenses of the claim and the other side’s costs if your claim was not successful.

Q9. Will I have to go to court?

The vast majority of personal injury claims are settled without the need to go to court. There are however some occasions where a suitable settlement cannot be agreed with the Defendant, and those claims need to go to Court so that a Judge can make a decision about them.

Q10. What information will I need to provide to my solicitor when I first contact them?

As well as a full description of your accident and details of the people involved, your solicitor will need details of any legal expenses insurance you may have, the injuries that you have suffered, treatment you have had so far and any future treatment that has been recommended, and expenses you have had to pay out, or money you have lost, as a result of your accident. Your solicitor will probably ask to see any paperwork you have which relates to any of those areas.

Learn more about Battens' legal services for personal injury claims.