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Items filtered by date: June 2021

The deadline for the European Union Settlement Scheme is just around the corner – eight days away from today! Make sure to apply by the 30th of June 2021 to avoid complications and the potentially hostile environment that you may face for not having an immigration status in the UK.

What is the European Settlement Scheme for?

The United Kingdom officially left the European Union on the 31st of January 2020, ending freedom of movement between the United Kingdom and the European Union. The European Union Settlement Scheme was introduced on the 30th of March 2019 with a deadline to apply by the 30th of June 2021.

The Scheme is for European citizens, European Economic Area (EEA) nationals, Swiss nationals, and their specific family members (both European and non-European citizens) who arrived in the UK before the 31st of December 2020.

The European Union Settlement Scheme can grant applicants one of two rights: ‘settled status’ or ‘pre-settled status’.

  • Settled status is granted to applicants who can demonstrate that they have been living in the UK for five years with a continuous residence. This means that they must have been residing in the UK for at least six months (180 days) in every twelve-month period.
  • Pre-settled status is granted to applicants who have been living in the UK for less than five years.

Settled status and pre-settled status both grant the applicant the right to continue living and working in the UK.

Why should I apply now?

The foremost important reason to apply to the European Union Settlement Scheme is to retain your right to reside in the United Kingdom post 30th of June 2021. Those who have not applied by the 30th of June 2021 may lose their right to stay in the UK, meaning that they could be classed as illegal immigrants and as such could face deportation.

They could lose their right to be employed, claim benefits, rent from a private landlord, or access free NHS healthcare in the UK.

Please note that all family members need to have their own individual applications, including children! Parents cannot just make applications for themselves; they need to apply on behalf of their children too.

What if I apply after the deadline?

It may still be possible to apply after the 30th of June 2021, but the process will not be as easy or straightforward – the Home Office will expect to see a good reason for the late application and for the late application to be made within a reasonable period. This situation is undoubtedly unprecedented, and we therefore urge you to make your application in good time, before the deadline. It is by no means guaranteed that the late application process will be a smooth one.

Author: Ayşe Karaca

If you are a European Union citizen, European Economic Area (EEA) national, Swiss national, or the EU/non-EU family member of such nationals and need help and assistance with your application to the European Union Settlement Scheme, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to help.

Legal Disclaimer:

The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the Our Site Content.

We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

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To the dismay of those awaiting the implementation of the Divorce, Dissolution and Separation  Act  2020,  the Government has just revealed that the long-awaited law which plans to introduce a “no fault” divorce in England and Wales has now been delayed.

The Act, which received Royal Assent on 25 June 2020, was due to come into force in Autumn 2021. However, in a written response to a parliamentary question, Chris Philp MP expressed that the deadline needed to be pushed back. It has now been confirmed that the Ministry of Justice are working towards a deadline of 6 April 2022[1].


Current law

Under the current law, in order for a spouse (petitioner) to immediately initiate the process of filing for divorce, they must make an accusation about the other spouse’s behaviour, or in other words, blame them for something. 

Parties must be able to establish at least one of the following five facts, which prove that the marriage has broken down and cannot be saved, or has “broken down irretrievably”.  


The five facts a petitioner can rely on are:

  1. Adultery: one spouse has committed adultery and the other finds it intolerable to live with them.
  2. Unreasonable behaviour: one spouse has behaved in such a way that the other cannot reasonably be expected to continue to live with them. This could include physical violence, verbal abuse, alcohol or substance abuse and more.
  3. Desertion: one spouse has deserted the other for at least 2 years before applying for divorce.
  4. Separated for 2 years: both spouses agree to divorce (with written consent), and there must be proof of separation for 2 years.
  5. Separated for 5 years: one spouse can apply for a divorce where a couple have been separated for 5 years, even if one spouse disagrees to divorce the other.

The adultery and unreasonable behaviour facts are referred to as “blame-based” facts and initiate immediate divorce proceedings, which can become messy and lengthy as the other party may contest the accusations made against them.

Under the present law, the only way to obtain a divorce without blame is to wait for at least two years (if both parties consent to the divorce) or five years (if one party does not consent). For some, this can lead to a lengthy process and can cause many inconveniences as you must supply the court with proof of separation. 

So, what does  the  “no fault” divorce mean?

The new law, which is set to be introduced in April 2022, will change a number of key elements. Below is a breakdown of how the new law will work. 

  1. The end of “blame-based” facts:

Under the new law, spouses will be able to make a statement that the marriage has broken down irretrievably without having to rely on a “blame-based” fact or have to wait at least 2 years before applying. 

Unlike the current law, this statement is the only evidence needed to show that the marriage has broken down and the Court must then make a Divorce Order. This is a significant change that will allow couples to separate amicably without apportioning blame.

       

       2. Joint application for divorce: 

Currently, only one spouse needs to issue the divorce proceedings against the other. However, under the new law couples will be able to make the application jointly.  

       3. Waiting time:

In order to allow for a “reflection period”, a minimum timeframe of 20 weeks between application and the final Divorce Order has been introduced. This is in response to concerns that the new law would make divorce a much easier option for couples rather than trying to save their marriage. This timeframe will enable couples to consider alternative routes such as mediation first before committing to a divorce.  

 

If, after the 20 weeks have passed, spouses still wish to continue with the divorce, they must confirm this to the Court when applying for the Conditional Order (currently known as the Decree Absolute). The Conditional Order will not be finalised until six weeks have passed, meaning that the total time to get a divorce will be 26 weeks. 

 

In exceptional circumstances, the Court will be able to make allowances to shorten the couple’s waiting time.

 

Additionally, further delays may be caused where spouses are still resolving the financial aspect of divorce.

       
       4. Can you contest the divorce under the new laws?

As the new law does not need the petitioner to place blame onto the other party, there is no need for the party to contest. So, under the new “no fault” divorce system this option will be removed.  

        
         5. New terminology: 

At present, petitioners must obtain a decree nisi first before applying for the decree absolute. The decree nisi is the certification from the Court that the grounds for divorce have been proved. There is then a 6-week and one day statutory wait before the petitioner can apply for the decree absolute. 

Under the new law, these will change. What was the “decree nisi” will be known as a “Conditional Divorce Order” and the decree absolute will be the “Final Divorce Order”. 


When will the changes apply?

Although the Act received Royal Assent in June 2020, it is now anticipated that it will become law in April 2022. This is to ensure that guidance notes, procedures, court forms and court IT systems are sufficiently updated and can accommodate the changes made. It will also allow sufficient time for the digital side of the service to be developed and tested.  

Author: Anisa Kebbati

If you are seeking advice on any of the issues discussed in this article, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to help.

Legal Disclaimer:

The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the Our Site Content.

We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

 


[1] Ministry of Justice. “Divorce, Dissolution and Separation Act 2020.” UK Parliament: Written Questions, Answers and Statements, © UK Parliament 2021, 25 May 2021, questions-statements.parliament.uk/written-questions/detail/2021-05-25/7278.

Published in News

انني في مرحلة المراهقة

ما هي حقوقي

تتلقى شركة دي جور عددًا غير مسبوق من الاستفسارات من أولياء الأمور الذين يواجهون تحديات مع أطفالهم ، وغالبًا ما تتعلق بالصعوبات في المدرسة أو مع أقرانهم. تسارعت هذه الاستفسارات أثناء الوباء وفي قلب هذا سوء فهم للحقوق والالتزامات القانونية للأطفال وأولياء أمورهم.

واستجابة لذالك تنظم شركة دي جور لندوة الكترونية للوالدان والأطفال في تاريخ 26 يوليو 2021 لتحديد هذه الحقوق والوجبات ااقانونية كنقطة بداية لتعميق العلاقات الأسرية. سنتحدث أيضاً عن ما يجب فعله و ما لا يجب فعله لكي تكون حذر من بعض الأمور كا شخص في مرحلة المراهقة. نرحب بجميع الطلاب من الصف السابع لغاية طلاب الجامعة.

الدكتور بول تشي، المحامي المتكلم في الندوة

الدكتور بول تشي هو محامي و محكم في انجلترا وويلز والكاميرون. تم تأهيل الدكتور بول تشي كا محامي في عام 2007 من قبل نقابة المحامات لانجلترا وويلز. تم تعين الدكتور بول تشي كقاضي في المحكمة الابتدائية لمدينة كامبردج في المملكة المتحدة من قبل السيد المستشار بتاريخ 27 يوليو 2004 و ما زال موجوداً في القائمة التكميلية لانجلترا وويلز. أسس الدكتور بول تشي مؤسسة الفرص التي تعزز التنقل الاجتماعي و شراكات العدالة الاجتماعية و هي عبارة من شركاء العدالة الاجتماعية.

 

English Version:

Free webinar

26th july 6pm

“I’m a teenager”

“What are my rights?”

De Jure Chambers is receiving an unprecedented number of enquiries from parents facing challenges with their children, often to do with difficulties at school or with peers. These enquiries have accelerated during the pandemic and at the heart of this is a misunderstanding of the legal rights and obligations of children and their parents

In response, De Jure Chambers is planning a webinar for parents and children on 26th July 2021, to define these legal rights and obligations as a starting point for building family relationships. We will also go through the “dos and don’ts” that you should keep in mind as a teenager. All students are welcome, from year seven up to university.

Dr Paul Chiy, speaker

Dr Paul Chiy is a barrister and arbitrator of England, Wales and Cameroon. He was admitted to the roll of solicitors in 2007 and as a solicitor advocate in 2011. He was appointed by the Lord Chancellor as a Lay Magistrate (Cambridge Bench, UK) on 27 July 2004 and remains in the supplemental list for England and Wales. Dr Chiy founded the Opportunity Foundation which promotes social mobility and social justice partnerships, a compact of social justice partners

Published in News
Monday, 21 June 2021 15:22

Wayne Murrell joins De Jure Chambers

Published in News

According to Government statistics, between January and May 2021, 171,169 UK companies have been dissolved and removed from the Register. The number of dissolutions increased by 34,191 (25.0%) compared to the last quarter of 2020. Furthermore, by the end of March 2021, there are 299,799 companies in the course of dissolution or liquidation in the UK.

The numbers above also include companies that we compulsory struck off the Companies Register. This process is also known as Compulsory Strike Off.

A Compulsory Strike Off happens when Companies House has reasonable grounds to believe that a limited company is no longer trading.

Once a limited company has been removed from the Register, it will cease to exist as a business entity.

Companies House may start the process of compulsory strike-off for reasons of non-compliance. Common examples include:

· Failing to submit your annual confirmation statement (Form CS01);

· Failing to file accounts on time;

· Failing to notify Company House about a change to your official registered office address.

It is essential for director(s) to act and not to allow the company to be struck off. That is because the director(s) will not claim redundancy pay and other entitlements. They can also face director disqualification and personal liability issues.

Compulsory Strike off Process:

Firstly, Companies House sends at least two formal letters of non-compliance. It is crucial to keep the registered address up to date to avoid missing these communications.

Suppose Companies House receives no reply to its letters. In that case, it will then publish a first ‘strike off notice’ in the Gazette, which is the official journal of public record (also known as the ‘First Gazette Notice for Company Strike Off’). The notice declares that the company will be struck off the Register in two months unless there are objections from company directors, shareholders, creditors or suppliers.

There are a number of serious consequences of Compulsory Strike Off:

· The company no longer exists as a legal entity;

· Company’s assets (including cash) will automatically transfer to the Crown (become ‘bona vacantia’);

· The company cannot secure the finances needed;

· Relationship with customers and suppliers can be undermined;

· Director(s) may face disqualification due to wrongful trading;

· If the company continues trading after being struck off, director(s) and shareholder(s) do not have limited liability and will be personally liable for any debt.

Suspension applications to Companies House should be sent to object/prevent compulsory strike-off. If applicable, missing accounts and/or confirmation statements will be required.

If the company is struck off, the creditor(s) have to write off the owed money as a bad debt. Alternatively, a creditor can resurrect the company via a court order, which can be costly. The company will be reinstated and go through formal liquidation proceedings. A lengthy investigation into the running of the company may be undertaken, exposing potential wrongdoing leading to director disqualifications and personal liability.

If you are a director, shareholder, or creditor of a company which has been served its First Gazette Notice or has been struck off the Register and would like assistance or advice, please feel free to contact De Jure Chambers on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will be happy to help.

Roman Egorov (author).

De Jure Chambers can be contacted on 01223 643580 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

Legal Disclaimer:

The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to the Our Site Content.

We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

Published in News

Japanese Knotweed spreads alarmingly quickly and has deep roots which make it almost impossible to remove once it has set in. It has a reputation for destroying the foundations of buildings and drastically decreasing their value. Homeowners are terrified that it might make its way from a neighbour’s garden into theirs: no wonder that, according to GoodMove’s 2020 study, the third most common cause of neighbour disputes was ‘plants’. All of this makes it a little ironic, therefore, that Japanese Knotwood is also an anti-inflammatory and can be used to treat the uncomfortable symptoms of joint disease, burns, and sore throats. In other words, while homeowners regard Japanese Knotwood warily for its propensity to inflict pain, the plant itself can actually relieve it.

Many disputes begin when a homeowner refuses to pay for the treatment or containment of their Japanese Knotweed and thus allow it to spread into their neighbours’ gardens. What happens, however, when you actually foot the bill for the treatment of your neighbour’s Knotweed, only for that neighbour to begin acting in a hostile manner? The previous negligence of the Japanese Knotweed problem is compounded with your neighbours’ active spreading of the Knotwood seed into your garden, along with pouring concrete into it and dumping building materials into it. What do you do when your neighbour has damaged your roof, fence, telephone line, felled your trees, and even acted in a violent manner towards you?

Unfortunately, this is the current situation for one of our clients. Whilst it sounds shocking, contentious neighbourly disputes are sadly quite common and have only been exacerbated by Covid-19 necessitated lockdowns. Several organisations which deal in mediating disputes between neighbours, like Calm Mediation and Scottish Mediation, launched hotlines to deal specifically with arguments resulting from coronavirus lockdowns.

The Guardian ran an article in peak lockdown last year titled, ‘Like the English Civil War’, quoting one ‘concerned retiree’ on strained community relations. If your neighbour was intentionally damaging your property and becoming physically violent with you, it could indeed feel like someone was waging war on you, especially within the restrictive conditions of lockdown.

The important thing to remember is that no-one should have to put up with abuse. Everyone has the right to feel safe, especially in their own home. No matter the demand of lockdown or the expenses incurred by removing Knotweed, aggression is never the answer.

Despite the intimidation our client has faced, they still wish to resolve the matter through mediation, hoping they can find a way to see eye-to-eye with their neighbour. Conflict happens and communication breaks down; that’s just a part of life – but it doesn’t always have to be the end. The Centre for Alternative Dispute Resolution website says that ‘mediation provides an opportunity for people to communicate better, to understand one another’s concerns, and to jointly come up with ideas for how to end their dispute.’ In fact, mediation is rather like pain-relief; and just like Japanese Knotweed can reduce inflammation, mediation aims to take the fire out of difficult disputes. We hope our client’s neighbour comes to see the value of it too.

Published in News

De Jure Chambers has partnered with the Anglia Ruskin University Foundation to offer internships to the university’s law students. Paul Chiy, the principal of De Jure Chambers, says, ‘We are delighted to partner with our local university in supporting young graduates gain the experience to access the profession.’ The internship has already been very successful, with several ARU graduates currently working at De Jure Chambers, and we hope this relationship will continue to grow.

When Angelica Botta graduated from Anglia Ruskin University, she quickly found the job market to be extremely over-saturated. ‘You apply for job after job and you get endless rejections back, if they do get back to you at all,’ she said. ‘It can be disheartening. Nobody really says it, but at a lot of places it seems to be a lot more about who you know rather than what you know. I just wanted an opportunity to prove I could do it, as much to myself as to anyone else.’ She decided to use her university’s employability support network, and on their list of temporary vacancies found an eight-week Legal Administrator internship at De Jure Chambers. It looked like her opportunity had finally come: she applied successfully for the internship, and after the eight weeks was up she was given a one-year contract. This April she was promoted to Senior Paralegal after only five months working at the firm.

What makes the De Jure internship different from other work experience programs? According to Angelica, ‘the difference is that work experience is normally just reading documents, but with DeJure, I joined on Monday and had my first client on Tuesday. I had to find a solution. I had to learn how to draft documents, how to draft contracts, how to deal with the client, how to do my administration – I had to figure it all out straight away. That’s the difference, you don’t just observe other people doing the work, you do the work yourself right from the outset.’ In this way, the internship actually equips people for effective preparation for a career in law. When asked how the internship had helped her, Angelica said, ‘Quite frankly, it gave me a career. I was working at Debenhams at the time I started at De Jure. If it wasn’t for the internship I would probably still be in retail.’ This is because at De Jure Chambers we don’t value who you know, we value what you know. The internship gives brilliant people the opportunity to pursue their ambition.

De Jure Chambers is a progressive law firm committed to helping create a fairer society, whether that’s through supporting the development of our local communities, making sure high quality legal services are affordable for everyone and not just large corporations, or, as here, finding ways to level out the playing field and make this industry accessible to all new graduates.

The Anglia Ruskin University Foundation aims to advance the education of students attending the university through financing the provision of any facilities not normally provided to students.

To find out more, email This email address is being protected from spambots. You need JavaScript enabled to view it., telephone +44 2087980917, or visit the website at www.dejurechambers.co.uk.

De Jure Chambers has offices at 5 Chancery Lane, London WC2A 1LG, and F21 Stirling House, Waterbeach, Cambridge CB25 9QE.

Published in News

Ministry of Justice

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