HIGGS & SONS STRENGTHENS FAMILY TEAM AS NEW REPORT IS PUBLISHED

Award-winning legal firm Higgs & Sons is strengthening its family team with a new associate, coinciding with the publication of a new far reaching review into family law.

Sarah Martin joins Higgs as an associate. She specialises in divorce, civil partnership dissolution and cohabitation disputes as well as advising on issues relating to children and relationship breakdown.

Speaking of her appointment, Sarah said: “There has never been a more important time in family law than now. The long anticipated Family Justice Review panel final report has been published this week and it’s clear that people in the region need to ensure they get the very best legal advice in the most cost-efficient way.”

Sarah is a member of Resolution and qualified as a solicitor in 1999. She said that the Family Justice Review will bring the biggest changes to family law in a generation: “It’s been well documented in the press this week about the legal rights of children after a break-up, with fathers not automatically being given shared or equal time with the children, should a relationship end. Similarly, it is not proposed that grandparents have an automatic right to have contact either.

“An increase in the number of cases being dealt with by the family justice system means it is being put under significant strain. In my experience, parents often find the system complicated, expensive and emotionally exhausting. It’s therefore important that clear, concise advice is given.”

The Family Justice Review panel was commissioned by the Ministry of Justice, the Department for Education and the Welsh Government to undertake a comprehensive review of the family justice system in England and Wales.

To find out more about the report, visit www.higgsandsons.co.uk.

New Chair for West Midlands Resolution

Philip Barnsley, a leading family solicitor in the region has been elected as the new chairman of the West Midlands group of Resolution, the body which promotes a non-confrontational and constructive approach to resolving family disputes.

Philip, from Higgs & Sons in Brierley Hill has been qualified as a family lawyer for 11 years and has been actively involved with Resolution, which represents almost 250 family lawyers in the West Midlands, since 2008.

“Resolution plays a central role both locally and nationally in promoting the benefits of taking a positive approach to resolving family disputes, as well as campaigning for improvements to family law,” said Philip.

“I’m honoured to have been chosen by other family lawyers in the West Midlands to chair the regional group and look forward to working with members in the region to promote Resolution’s distinctive and valuable approach to family breakdown.”

Philip was recently commended in the Chambers & Partners Guide to the UK Legal Profession 2011 as a leading individual and was praised for his ability to communicate effectively with his clients.

Philip takes over as chairman from Birmingham-based Zahra Pabani, who was chair of the West Midlands region for five years. Zahra has stepped down in order to stand for election to the national committee of Resolution, which represents 5,500 lawyers nationally.

Zahra added: “I am delighted that Philip has been elected and feel that he, along with the strong regional committee, will take Resolution in the West Midlands from strength to strength. As one of the largest and most active regional committees in the UK, the West Midlands has an important role to play in developing the practice of family law.”

Child maintenance debt prevents father selling house

One of the region’s most experienced family lawyers is warning parents that they could be prevented from selling their homes if they have unpaid child maintenance costs.

Steven Jackson, a consultant at Higgs & Sons with over 30 years' experience, said the recent case of a father being prevented, by Order of the High Court, from selling his house because he owes in excess of £78,000 in unpaid child maintenance should be a warning to other parents across the region.

“This is the first reported case of its kind,” says Steven. “The Child Maintenance and Enforcement Commission, formerly the CSA, secured the order to stop the father from dissipating the proceeds of sale.

“The case follows the Commission being given new additional powers to deal with parents who fail to meet their maintenance liabilities by selling or transferring assets including to relatives, friends and new partners.”

Steven says that in this case, a ‘freezing order’ was made after the man placed the house on the open market online and the Commission has indicated that it has similar cases in the pipeline. The Commission now hopes to produce similar orders or reversals of the sales or transfers of property previously made by parents who have unpaid maintenance arrears.

Steven said: “The Commission are determined to send out a strong message that it will seek to close escape routes for parents who are intent on trying to cheat the system. In addition to this, Lump Sum Deduction Orders are also being pursued forcing banks to pay over monies held in accounts of defaulting parents.

“It’s clear that there will be an increased use of such powers and my message to parents who are liable to pay but who may well have genuine reasons for challenging assessments or alleged arrears must be to not allow matters to get to such a point.

“Seek legal advice at an early stage, be proactive and whatever you do, do not bury your head in the sand.”

Higgs shortlisted for prestigious legal awards

Higgs & Sons has been shortlisted for the prestigious Birmingham Law Society Legal Awards 2010.

The Black Country law firm, which recently moved 150 of its team into a new £1.5 million office, is shortlisted for the Law Firm of the Year (16+ partners).

Senior partner, Ian Shovlin, said: “2010 is proving to be an extremely exciting year for the firm. Our move to Waterfront Business Park has created the largest law firm in the Black Country. Now, to be recognised by our peers as one of the best law firms in the region, is the icing on the cake.”

The awards take place on Thursday 25 March 2010 at Birmingham’s ICC.

Fairytale or Nightmare? Wealth warning for millionaire lottery winners everywhere

As EuroMillions lottery winner Nigel Page and his partner Justine Laycock faced the world’s press together, they could not have looked happier.

The Cirencester couple represent a 21st Century fairytale rags-to-riches story, scooping a mammoth £56m jackpot prize.

However, a leading family lawyer from Black Country law firm Higgs & Sons warns that the new-found wealth may not necessarily mean the couple live ‘happily ever after’.

Philip Barnsley, head of the family law department at Higgs & Sons said: “Many of us dream of that big lottery win and how it would change our lives. But sadly not everything about a sudden windfall is wonderful.

“Quite apart from receiving thousands of letters asking for financial assistance, and notoriety around the quiet Gloucestershire town in which Mr Page and Ms Laycock live, there are other concerns that could seriously impact on their future together.

“Although the couple have faced the press together, technically Mr Page is the only winner. On all publicity shots taken, you will see his name is the only one that appears on the cheque. This may not instantly appear to be an issue.

“However, Mr Page purchased the winning ticket online, using his own account, and despite being together for over eight years, the couple are not married. In the absence of their marriage, it would appear that Ms Laycock has no financial claim to the winnings.”

At a press conference held on the day that Mr Page received the cheque, Ms Laycock claimed that she and Mr Page had not yet decided whether to tie the knot.

Mr Barnsley added: “Doubtless, those advising Mr Page are faced with some tricky meetings in the coming weeks and months.

“If the couple were to split now, Ms Laycock would not be entitled to any of the money, unless she could prove that the online lottery account was funded directly by a joint account in the name of herself and Mr Page.

“However, if they were to marry, despite the winnings being received prior to any marriage, Ms Laycock would be able to make claims against the fortune, under present legislation.”

The couple, both divorcees, have three children from previous relationships and Mr Barnsley recommends both should ensure they have a clean financial break from their former partners before getting married.

“I would also expect Mr Page to be advised to enter into a Pre-Nuptial Agreement, in order to regulate the terms of any financial liability if the couple were to separate.”

Anyone requiring advice on managing their legal affairs can contact Philip Barnsley, a partner in the family team on 01384 327180 or e-mail philip.barnsley@higgsandsons.co.uk

Wealthy parents could be hit in the pocket after latest court ruling

A recent family court decision could have worrying implications for wealthy parents and those in line to benefit from family trusts, according to a leading family law specialist.

The head of Higgs & Sons’ family department, Philip Barnsley, says the case of SR v CR, where separated parties were unable to reach an agreement on how to split assets valued up to £7.88m could have implications for other family cases.

The couple asserted that these assets were inadequate to maintain a lifestyle of the standard to which they were accustomed, which was costing approximately £1 million annually.

However, the husband was a beneficiary under a number of offshore discretionary trusts with a value of $170m endowed by his father and had received support from these, and from his father, for a number of years.

On appeal, the High Court included the trusts as a resource available to the husband and ordered that the husband pay his wife a total of £6.25m.

Philip Barnsley explained: “The court was persuaded that, given a history of the previous payments to the husband, it was likely that the trustees would exercise their discretion and make further capital available to him.

“The trustees gave evidence that a debt of the husband’s failed property business to the trusts (£1m) would be taken off his apportionment and that he might be provided with rented accommodation and a modest living allowance. Further, the trustees stated that they must have regard to his father's wishes, that he was not prepared to give his son more money and would oppose any distribution to him from the trusts.

“The court found that the husband had a reasonable expectation of further capital advances from the trust in the short to medium term and, as he would expect to receive his share of the trust when his father died, it was therefore a resource which the court should take into account.”

Mr Barnsley concluded: “This case highlights the need for trustees to employ great caution in the manner in which they exercise their discretion under these kinds of trusts.

“However, the husband’s father was no doubt pleased that he had set up the offshore discretionary trusts in the first place, as these did act to protect the principal sums within them from these proceedings.”

To find out more contact Philip Barnsley, partner and head of family law team at Higgs & Sons on 01384 364148 or e-mail philip.barnsley@higgsandsons.co.uk.

Higgs & Sons is one of the largest law firms in the region. The firm has recently announced it is to move its 170-strong team to state of the art new premises at 3 The Waterfront, Brierley Hill.

Notes to editors: full case reference is SR v CR (Ancillary Relief: Family Trusts) [2008] EWHC 2329 (Fam).

Higgs on the case with family team appointments

Higgs & Sons, which already has one of the largest family teams in the West Midlands, is expanding even further with the appointment of Victoria Fellows.

Victoria, who joins the firm as an assistant solicitor, brings a wealth of experience having been in family law for over five years. She qualified at Atter McKenzie in Evesham and then joined Irwin Mitchell in Birmingham for four years and has been at Sharratts Family Law in Wolverhampton, for the past year.

The appointment comes at the same time as Philip Barnsley takes up the headship of the department from Steven Jackson. Philip said: “Victoria has a very impressive background and will further strengthen our team. She adds another dimension to our diverse team, which can only be seen as a positive thing by clients.

“I am really excited about the coming year as the team is growing rapidly and we possess a range of strengths and experience which, when put together, forms an impressive portfolio for our clients.”

Victoria said: “My move to Higgs will enable me to utilise my experience as part of a growing department and I am thrilled to be working for one of the leading firms in the West Midlands.

Philip continues: “We have also taken on Rhian Jervis who is a newly qualified solicitor. She brings fresh ideas to the team and will be an additional support to clients and us. The coming months will be very exciting for the firm as we move to our new office at 3 The Waterfront. Our ambition is to grow our department even further in this new state-of-the-art environment.”

Steven Jackson remains with the firm as a specialist consultant in the team.