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Month: August 2023

Navigating adjudication

Posted on by fluroltd

Adjudication

Whilst adjudication has been available for a number of decades, legislation passed in 1996 provided statutory legislation as a formal dispute resolution procedure which is available for all construction projects other than contracts for residential homes, unless provided for by the contract itself.

The procedure is fast track. The referring party issues a Notice of Intention to Refer and a nominating body such as the RICS or RIBA appoint an adjudicator. Within seven days of the Notice the referring party then has to issue its claim document (known as a referral) and any supporting information. Subject to an additional 14 days which the adjudicator can seek, the adjudication must be completed within 28 days of issue of the referral.

This process was intended to promote cash flow within the Construction Industry and was particularly targeted at interim payments.

The process has been hijacked, to a large degree, by lawyers and is now seen as a particularly efficient way of addressing disputes, either during the currency of a contract or at the end, replacing what would otherwise have been an expensive piece of litigation or arbitration, especially with respect to extensions of time and final accounts.

There are a set of standard rules governing adjudication, although the parties can vary these by agreement or through the mechanism of the original contract.

The standard rule on costs is that each party bears its own costs and the adjudicator is entitled to award his/her costs against either or both of the parties as appropriate. The normal course of events is for the losing party to pay the adjudicator’s costs in full.

Lewis Cohen is a qualified adjudicator having obtained a diploma in adjudication from the RICS. He has conducted a large number of adjudications and has also written regularly on this area of law.

Our advice when referring an adjudication is to ensure that the referring party is fully prepared.

When defending an adjudication our advice is always to consider whether the adjudication should be defended and if so then to ensure that adequate resources are made available very quickly to prepare a defence in what is often no more than 7-10 days from receipt of the referral.

For further information please contact Lewis Cohen on 07956 964466 or email lnc@blasermills.co.uk.

This article is for general information only and does not constitute legal or professional advice.

Key things to consider when choosing your Lasting Power of Attorney

Posted on by fluroltd

When it comes to planning ahead for the future, one important decision you need to make is choosing your Lasting Power of Attorney (LPA). Under UK law, an LPA is an essential legal document that grants someone the authority to make decisions on your behalf should you become unable to do so.

Our Wills, Trusts and Probate Partner, Minesh Thakrar, outlines key things to consider when appointing your LPA.

Before delving into the process, it’s crucial to understand the concept of the Lasting Power of Attorney. There are two types: Property and Financial Affairs LPA, which grants someone authority over your finances, and Health and Welfare LPA, which empowers someone to make decisions regarding your healthcare and personal welfare. UK law specifies that the person chosen as your LPA must be at least 18 years old and have the mental capacity to make informed decisions.

Key things to consider

Trustworthiness and reliability: Your chosen LPA should be someone you trust, as they will have access to your financial and personal information. Consider their ability to act in your best interests.

Availability: Select someone who is local to you, as they may need to visit you regularly, attend meetings on your behalf, or manage your affairs in person. Accessibility is crucial for a smooth decision-making process.

Compatibility: Ensure your LPA understands your values, beliefs, and preferences regarding healthcare and financial matters. They should be able to make decisions that align with your wishes when you cannot express them yourself.

Financial responsibility: If appointing an LPA for property and financial affairs, choose someone with good financial responsibility. They should be capable of managing your assets, paying bills, and making informed financial decisions in your best interests.

Communication skills: Effective communication is vital between you, your LPA, and other parties involved. Select an individual who can effectively convey your wishes and instructions to medical professionals, financial institutions, and family members.

Seeking legal advice

We advise to seek advice from a legal professional when creating an LPA. Solicitors specialising in Wills, Trusts and Probate can offer valuable guidance throughout the process. They will help you complete the appropriate forms, clarify legal terms, and ensure the document is properly executed.

How Blaser Mills Law can help

At Blaser Mills Law we understand the importance of putting the right planning in place for the future. Our team of Wills, Trusts and Probate solicitors are experts in the field and work with clients to find the best solutions for them and their families.

To speak to one of our Wills, Trusts and Probate solicitors about executing a Lasting Power of Attorney, please contact Minesh Thakrar on 01494781366 or mit@blasermills.co.uk

Healthy Co-Parenting: Exploring the Cafcass Positive Co-Parenting 12-Week Programme

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Co-parenting can be challenging, especially when conflict between the parents overshadow the wellbeing of the children who often get caught in the middle. Even parents in a close and loving relationship often wish there was “a manual” to help them parent.

Recognising the need to restore focus on the child and promote positive change, Cafcass (Children and Family Court Advisory and Support Service) has developed the Positive Co-Parenting Programme. This 12-week initiative offers structured sessions for parents involved in family proceedings. By improving communication and encouraging empathy, the programme aims to help parents overcome their conflicts, allowing them to prioritise their children’s best interests.

Understanding the programme

The Positive Co-Parenting Programme, administered by Cafcass, is a comprehensive intervention designed to assist families navigating legal proceedings. The programme’s primary objective is to help parents recognise and address the negative impact of their conflict on their children. Through a series of 12 structured sessions, parents are guided to enhance communication, restore empathy, and develop a child-centric approach to co-parenting. Each parent will attend a separate course so the do not attend with their coparent.

Encouraging positive change

The programme fosters positive change by providing parents with the necessary tools and strategies to navigate the complexities of co-parenting. It empowers parents to step into their children’s shoes, gaining a deeper understanding of the emotional and psychological impact their conflicts can have on their well-being. By fostering empathy and perspective-taking, parents can change their behaviours and make more informed decisions that prioritise the needs and best interests of their children.

What can I expect from the sessions?

The 12-week programme consists of structured sessions facilitated by trained professionals who specialise in family dynamics and conflict resolution. These practitioners, identified as Family Court Advisors (FCAs), guide parents through various topics, including effective communication techniques, managing conflict, and understanding the developmental needs of children. The programme utilises evidence-based practices and restorative principles to foster healthy co-parenting relationships.

Restorative practice principles

Restorative practice principles lie at the heart of the Positive Co-Parenting Programme. By encouraging accountability, empathy, and dialogue, these principles help parents understand the impact of their actions on their children and create opportunities for healing and reconciliation. This approach emphasizes the importance of repairing relationships and rebuilding trust to create a supportive co-parenting environment where children can thrive.

Identifying suitable cases

Cafcass plays a crucial role in identifying cases that would benefit from the Positive Co-Parenting Programme. Through careful assessment, experienced professionals determine which families would benefit most from the programme’s intervention. The selection process involves reviewing the dynamics of the case and the parents’ willingness to engage in the programme. Once identified, the case is presented to the judge for consideration, and if agreed upon, the family is allocated to an FCA trained in delivering the programme.

National availability

The Positive Co-Parenting Programme is available nationwide, ensuring accessibility to families across the country. This broad reach allows Cafcass to provide much-needed support and resources to a wide range of families involved in family proceedings.

The Cafcass Positive Co-Parenting 12-Week Programme stands as a beacon of hope for families embroiled in conflict during separation or divorce. By addressing the underlying issues that hinder healthy co-parenting, the programme empowers parents to put the best interests of their children first. The programme is a testament to the commitment of Cafcass in promoting positive co-parenting and nurturing healthy family relationships during challenging times.

How Blaser Mills Law can help

Blaser Mills Law have solicitors who have extensive experience in resolving disputes between parents whether through mediation, solicitor correspondence or court proceedings.

Their priority is to work with you to identify what is in your child’s best interest and help you put in place arrangements that work for them. They can share with you tool that help communication and have Lucinda Holliday on the team who is a qualified Child Inclusive Mediator who can work with your children to enable their vice to be heard as well. Get in touch with Lucinda on 01494 478603 or email ljmh@blasermills.co.uk.