News
First Time Buyer Stamp Duty Exemption to End
2nd February 2012
The first time buyer stamp duty land tax exemption is due to end on 24th March 2012.
The exemption meant that people purchasing prioperty for the first time up to the value of £250,000.00 could do so free of stamp duty.
Unsually, transactions from £125,000.00 to £250,000.00 would atract a charge of 1%
Potentially, first time buyers could now face an additional tax bill of £2,500.00.
Rhodri Howells, our property lawyer expressed his disappointment that he Chancellor of the Exchequer has not seen fit to exent the exemption. Rhodri commented that "this exemption provided a much needed boost to our first time buyers. In this age of austerity the additional stamp duty land tax could price some buyers out of the market".
Twitter Libel Case is one of the first in the UK
10 March 2011
JMD LAW brings one of the first Twitter Libel cases in the UK to Cardiff. Following closely on from the most recent Libel case in relation to Twitter Blogs involving the singer Courtney Love prompted by "tweets" posted by the singer on her Twitter Blog in 2009 about the fashion designer, Dawn Simorangkir, the High Court in Cardiff has today approved the settlement of its very own Twitter Libel case involving two local South Wales Councillors.
On 4th June 2009, Councillor Colin Elsbury, defamed fellow Councillor Edward John Talbot by posting a tweet to his Twitter page suggesting that Councillor Talbot had to be removed by the Police from a Polling Station during the Caerphilly County Borough Council Local Government Elections for the St Martins Ward - an election to which both parties were candidates. The tweet was completely false and Councillor Talbot began defamation proceedings against Councillor Elsbury last year.
The case reached its climax today when the High Court heard of the settlement agreed between the Councillors which included a written apology from Councillor Elsbury, a reactivation of his Twitter Page to publish the apology, compensation of £3,000 and payment of Councillor Talbot's substantial legal costs.
Today in open Court, Councillor Talbots Solicitor, Nigel Jones of JMD LAW, Cardiff, read an agreed statement in which Councillor Elsbury accepted that the tweet was completely untrue and defamatory of Councillor Talbot and unreservedly apologised to him for the distress, hurt and damage to his reputation that the tweet caused.
The High Court in Cardiff rarely deals with defamation cases, which are predominantly the preserve of the rich and famous in the London Courts. However, given the determination of Councillor Talbot and JMD LAW to clear his good name and the "No Win No Fee" arrangement between Councillor Talbot and JMD LAW, he was able to bring this case to justice and obtain proper legal redress. Councillor Talbot was clearly delighted with the outcome stating:
"Today sees the end of a battle which gave me the platform to correct a gross injustice and restore my good name and reputation, particularly to the people of Caerphilly who I have served for many years as a local councillor and who I will continue to serve. After a case lasting over a year for what was an indefensible defamatory statement, this is the first time Councillor Elsbury has apologised to me for his actions. I owe this day to my family, supporters, the good people of Caerphilly and my Solicitors JMD LAW who have stood by me throughout and given me the strength to pursue it to the end. I am particularly indebted to my mother, my biggest fan, who sadly died in the middle of this case".
"No Win No Fee" arrangements are often used between Solicitors and Clients. If the case is lost the solicitor receives nothing but if it is won he can charge a success fee on top of his usual fees recoverable from the losing party.
No win No fee arrangements provide access to justice for those individuals who cannot afford to pursue cases through the courts. They are especially useful in Defamation cases as legal aid is not available for them. However they are under threat for defamation and privacy cases as a result of the well-known breach of confidence case of Naomi Campbell against the Daily Mirror, following a publication by the Daily Mirror in February 2001 of an defamatory article headed "Naomi: I am a drug addict,". The case has recently been to European Court of Human Rights who decided that success fees constitute a disproportionate interference with the media's right to freedom of expression under Article 10 European Convention on Human Rights, as they inhibit the conduct of media organisations in fear of financial penalties. Other government backed restrictions on such agreements are also intended.
Nigel Jones of JMD LAW, who specialises in High value and complex court cases and Defamation claims strongly supports the No Win No Fee regime as it presently stands and views the proposed reforms as "disastrous for those unable to afford to see through the rights that the law has given them. Councillor Talbot was blatantly wronged; the defamation laws provide him protection but in this case, had it not been for the availability of a Non Win no Fee arrangement between us, the case would never have seen the Court Room and Councillor Talbots legal rights would just have been a sham".
The President of the Law Society, Linda Lee, agrees and has says No Win No Fee Agreements in all sorts of cases "are vital in securing access to justice amid continued reductions in legal aid spending."
No Win No Fee agreements also avoid the criticism of the "compensation culture gone mad". Solicitors have an interest in winning cases turning them into guards against frivolous litigation and gatekeepers for meritorious cases.
With the use of social networking sites becoming increasingly popular and the green shoots of the slowly emerging Twitter Blog libel cases emerging, we all need to be wary what we post and what is posted about us. And if it is defamatory, we should be able to resort to law without fear of prohibitive legal costs whether of our own Solicitor or the offending party's. No Win No Fee arrangements allow this and should be championed.
Pavement Tripping cases - Don't forget about the victims!
2 November 2010
Media reports the appalling state of pavements. But does so from an entirely political perspective, e.g. the cost and onus on Councils for repairs and compensation claims. Nigel Jones writing in the South Wales Echo today highlighted the impact on the injured innocent victims who trip and fall on such pavements. Injuries can be severe especially to the elderly who often become prisoners in their own homes for fear of falling again. Nigel went on "So Councils, if you really want to work hard to reduce the burden on the taxpayer of compensation claims, obey and comply with the Law. My firm will continue to fight tooth and nail for the injured to ensure that you do and proper compensation is paid".
BBC Panorama slams Will Writers
9 August 2010
BBC's Panorama highlights and condemns the unregulated industry of unqualified "Will Writers". Quotes for services are given as little as £30 but with hidden charges can rise to £3,000 and without the benefit of professional indemnity insurance if anything goes wrong. The programme strongly recommended the public only use qualified specialist Solicitors, like JMD LAW, to prepare Wills, possibly one of the most important documents of anyone's life, and Lasting Powers of Attorneys. See our Wills & Probate and Elderly Client Services pages for further details.
JMD Express Service - for Emergency Appointments
05 June 2010
Do you need a Solicitor urgently? JMD LAW launch their "Express Service". If you need to see us urgently for any new matter, we will provide an appointment during our normal opening hours within 24 hours of your call. Just quote "Express Service". Nigel Jones, Senior Director of JMD LAW said " Many of our new Clients come to us complaining their exisiting solicitor cannot offer appointments for weeks. Given the worry and concern any legal issue can cause, that is just unacceptable and hence the publication of our Express Service which has been a feature of our practice for many years"
Government Minister recommends Lasting Power of Attorney
8 January 2010
Radio 4's "Today" programme urges the use of Lasting Powers of Attorney. Why? See our page "Advising the Elderly".
News
- The first time buyer stamp duty land tax exemption is due to end on 24th March 2012.
The exemption meant that... 2nd February 2012 Read article - JMD LAW brings one of the first Twitter Libel cases in the UK to Cardiff. Following closely on from the most recent Libe... 10 March 2011 Read article
- Media reports the appalling state of pavements. But does so from an entirely political perspective, e.g. the cost and o... 2 November 2010 Read article
Express Service
Do you need to see us urgently? If so, quote "Express Service" when telephoning us and we shall offer you an appointment within 24 hours during our normal business hours. That's just part of the JMD LAW service.