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Case Studies

Here are a few selected case studies which illustrate the type of work we do and how we go about it.

 

Family - The Urgent Court Application

This case required emergency action to protect a young child:-

Miss P had a young child, but was not married to the father who had left home some weeks before. The father came to the home late one Saturday night and threatened to take the child away with him. The Police were called and moved him on but didn't take any further action and the father returned early on Sunday and made further threats.

Miss P telephoned us for help on Monday morning and we drew an application for a Prohibited Steps Order which we presented to the District Judge later that same day. The Order was granted and served on the father that evening, preventing the father removing the child from Miss P.

Our prompt and firm action brought the father to his senses and later with our help, the parties were able to reach a satisfactory agreement about the father's visiting rights and where the child should live.

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Injunction - The Violent Intruder

In this case we acted to protect a young mother from violence:-

Miss G had been in a relationship with Mr. C who was the father of her two children aged 1 year and 2 months, although they did not live together. 2 weeks after she moved in to her new home Mr. C came to the house. She refused entry but he broke in through a window and in the presence of the children physically assaulted her, including attempting to strangle her and making threats to both her and the children.

With the assistance of a neighbour she managed to break free and telephoned the Police who took a full statement. They said they would arrest and interview him for the criminal offences but also recommended that she seek an injunction.

She saw us two days after the incident and we advised her to apply under the Family Law Act as she needed a Power of Arrest, which we did on her behalf the next day, the application being made ex parte (ie. without Mr. C present) to protect our client. It was possible that if an order had been applied for on notice that Mr. C, knowing that no order was yet in force, could have attempted to cause serious harm to our client.

The Judge granted a Non Molestation Order and Power of Arrest and we arranged for Mr. C to be served with the papers personally using an enquiry agent. We also arranged for the Police to receive a copy. The agent liased with the Police and found that Mr. C was due in court on the charges arising from the attack on Miss G and served the papers on him outside court.

Our swift and positive action was sufficient to prevent any further violence or harassment being directed at our client and Mr. C didn't bother her again.

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Conveyancing - The Remote Client (1)

You don't have to meet us if you don't want to:-

Mr. G was in the Royal Air Force, based in Bedfordshire and he owned a property in Weston-Super-Mare which he wished to sell. Having found our website, he requested and received a quote for his conveyancing and subsequently instructed us to act in the sale of his property. The whole transaction was conducted entirely by email, telephone and conventional mail, with none of the parties ever actually meeting face-to-face.

Although we like to provide a personal service and would normally wish to meet our clients at least once whenever possible, when circumstances dictate otherwise we are more than happy to conduct business remotely as well.

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Change of Name Deed - The Remote Client (2)

We like to keep things quick and simple whenever possible:-

Miss M emailed us requesting advice on changing her forename prior to her marriage. The advice we gave was free and afterwards Miss M instructed us to draw up the required document, which we sent to her by post as soon as we received her fee. The Deed was sent by post on her request, although we could have sent it as an email attachment if preferred. The whole matter was over in a few days.

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Probate - The Emergency Home Visit

A sad case this, but it illustrates the type of service we are proud to provide.

A long-standing client of Wendy's, Mrs. F, made an appointment to write a new Will. Before the day of the appointment a relative telephoned to say that Mrs. F was so seriously ill with terminal cancer that she was not expected to live more than a few days. We therefore obtained the details necessary to draw up the Will by telephone and drafted her new Will as a matter of urgency. Then we visited Mrs. F at home the same day with her new Will where she was able to sign it and have it witnessed by us on the spot and we were able to put her mind at ease regarding the disposal of her property and assets.

You don't have to be at death's door to write a Will - in fact it's always more advisable to write one when you're not - but when necessary we'll always conduct home or hospital visits in the local area for Wills or any other matter.

 

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This page last updated 14 - Feb - 2007
Author: G. L. Hewstone

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