If you wish to legally change your name, or your child’s name, you can use the Deed Poll process also known as the Deed of change of name. By executing the Deed Poll (signing, dating and having it witnessed) you are committing yourself to:

Abandoning the use of your former name;

Using your new name at all times;

Requiring all persons to address you by your new name

If you want to get all of your documents and records changed to show a new name e.g. your medical records, bank account, credit cards, passport, driving licence etc, you will be asked to produce documentary evidence of your change of name. A Deed Poll is a formal statement to prove that you have changed your name and it provides you with the necessary documentary evidence of the name by which you wish to be known.

By Deed Poll, you can officially change any part or your entire name. For example, you can change your forename, surname (or both), add names, remove names and change the spelling of your names or even add or remove hyphens.  You can change your name by Deed Poll as often as you want, at any time and for any reason provided it is not for deceptive or fraudulent purposes.

Who can apply for a deed poll?

You can apply for a Deed Poll if you:

• are British, or
• live in the United Kingdom.

If you are a foreign national living in the UK, you will have to check with your country’s high commission or Embassy in London to see if a Deed Poll issued in the UK will be accepted as documentary evidence.

You don’t need a deed poll to take your spouse’s or civil partner’s surname as a copy of your marriage or civil partnership certificate will suffice and your documents should be updated without a charge.

If you have got divorced or ended your civil partnership then you may be able to go back to your original name by showing record-holders either your marriage certificate and decree absolute or civil partnership certificate and final order.  However, there are some organisations who will not change your name back without a deed poll.

The process is different if you want to change a child’s name.

If a child is under the age of 16, their parents can change their child’s name by Deed Poll. You will need to get a deed of change of name, although to do this, everyone with Parental Responsibility for the child must consent to the change. Once you have the deed of change of name approved, you can start to use your child’s new name and arrange for it to be changed on official documents, such as their passport. You would need to show their birth certificate and the deed to do this.

You can make your own deed poll or instruct a solicitor who can make the deed poll for you for which there is a charge.

If you are thinking of changing your name and wish to instruct a Solicitor to draw up the document for you then please contact Nayyars Solicitors today and we will be more than happy to assist you.

If The Unthinkable Happens – Naming a Guardian for Your Children

It is easy to assume that a Will only contains details of how your finances will be distributed once you have passed away. However, a Will can contain anything you want to ensure happens in accordance to your wishes when the time comes.

There is nothing in life more precious than our children. During our lifetime we devote our wholes lives to them. The thought of us not being there for them does not bear thinking about. However, if something was to happen to you as parents who would step in and look after your children? You can choose who you would want to do this in a Will.

Writing a Will can offer you the peace of mind in knowing that your children will grow up in a loving and safe environment. A Will allows parents to make their own decisions about Guardianship by expressing their preference for who the Guardian for their children should be. A Will also allows parents to explain why their chosen Guardian would be appropriate for their child.

What happens if you do not name a guardian for children?

If no Guardian is named, the situation is likely to resolve in one of three ways:

• if no Guardian comes forward, your children could be placed under the protection of social services;
• if several potential Guardians come forward, a messy custody battle could result and the courts will grant custody of the child to the applicant who the judge deems most appropriate directed by the evidence in front of them;
• if a single Guardian comes forward, they will have to apply to the courts for formal custody.

In each of these circumstances, it is the family courts, and not the parents, who ultimately control custody of the children. Without a Will, blood relations are more likely to be appointed custody than other applicants. In spite of this, don’t assume that your family members will be automatically appointed Guardianship by the courts. Blood relation is only one of several factors that go into the decision-making process.

It is difficult for a judge to consider certain attributes like political or religious views, child raising values, integrity and ambition.

A properly-constructed Will allows you to pre-empt the ambiguity around the custody process in the event of death, and expresses preference for a Guardian that you decide is appropriate, regardless of whether or not they are your relatives. A Will also allows you to create a trust that could be used for some of the costs that a Guardian may face after taking custody for example, for healthcare or education.

Without sounding morbid, no-one knows when their Will is going to come into effect; it could be next week, it could be many years into the future. Either way it is a huge sense of relief to have a Will done in your lifetime so if the unthinkable does happen you are prepared. At Nayyars Solicitors we will ensure your wishes are adhered to. We recommend that you write your Will today and can provide you wish a fixed fee service in respect of this.

The use of Social Media to discredit Claimants in Litigated Claims

Let’s be honest, most of us love using social media to keep all of our friends up to date on exactly what we’re up to, and we’ve all heard the warnings about potential employers reviewing our profiles to see if we’re behaving appropriately.

But did you know that Insurers and Solicitors also use Facebook profiles to catch out Claimants making personal injury claims?

Consider a recent matter where a young man made a claim for an 18 month whiplash injury to his neck and back. The Defendant soon provided print outs of his Facebook page as evidence that he had taken part in a professional boxing match in the weeks following the accident, and had been fulfilling an extensive training programme in the Gym.

Or the family that were key members of a local Cricket Club, and were listed as participating in a cricket match at the time of the accident. The Defendant provided extracts from the Cricket Clubs Facebook page detailing the participants in the match, and including the clients. This turned out to be an error on the Cricket Club’s part, but proved the basis of a fraud Defence.

More often however, it’s little things that Defendants will use to discredit a Claimant’s evidence. Photos of nights out, early morning trips to the Gym or water park holidays abroad can all be used to suggest that no injury was suffered.

Here are our top tips for social media use if you’re making a personal injury claim:

1. Adjust your privacy settings

In theory, third parties can only access what you allow them to. Make sure that it is only accepted friends that can see your full profile. If you want to be extra careful you can also disallow anyone from posting on your wall without you approving the post first. Then, if someone tags you in a photo, or writes you a message, you will get a notification to ask if you want it to appear on your page. You can make all of these changes by selecting the “settings” tab on the Facebook home screen.

2. Think before you post

Before you post that photo of you scaling Mount Kilimanjaro three years ago for that charity you love, think about how it would look to a Defendant trying to prove that you weren’t actually injured in the car accident you had last week. You might actually be lay at home aching from the pain, but to them you’re climbing a mountain.

3. Too much information

To make it simple for yourself, you could avoid posting for a while. If you’re like us however and love to post every bit of your day in the office (you can follow the fun by liking the Nayyars Solicitors Facebook Page link below), keep it brief. The more detail you give, the more third parties have to work with.

4. If you think there might be an issue, tell your Solicitor

If there’s an unavoidable issue that you think the third party might pick up on, make your Solicitor aware in advance. We’ll always be able to advise you.

Nayyars MacMillan Coffee Morning

At Nayyars we love cake….so we were excited to hold our Annual Macmillan Coffee Morning. The plan was that we all bake cakes and invite our friends, family and members of the public to come and eat them in exchange for a charity donation. We baked a range of cakes including a tangy lemon cake, Victoria sponge and flapjacks (for the healthy ones). Our trainee solicitor even made his legendary Banoffee pie. The first Macmillan Coffee Morning started in 1991 with 2,600 supporters to host one. This was our 3rd one. We were excited to showcase our baking talents.

I admit I didn’t bake mine but myself and Kenzie bought cupcakes and a lemon cake (it’s the thought that counts plus I don’t think anyone would want to sample my baking skills!). We had a competition as to who baked the best cake and the winner was Amir and his Banoffee Pie. Paul Hollywood eat your heart out! All staff contributed to the cake sale showing support by both bringing cakes and other desserts in but also by donating and trying out the cakes which looked too good to miss!

We had over 100 people who came throughout the day which included our friends, family, clients and the local Cheadle residents! The amount of people who came in to the office really showed the support that our community has and represented the closeness that Macmillan has brought to many families. They enjoyed a natter and a cup of tea along with a slice of cake.

Our special guest transpired to be an elderly man who had travelled from far to support this cause. He told us he had been diagnosed with blood and lung cancer. He had been supported by the Macmillan nurses when he was diagnosed and said without them he would not have been able to cope. He reiterated what a wonderful cause this was!

There were also a few young people who joined us and were mesmerised by all the cakes which we had to offer. It was a special morning as we got to see all different types of people walk through the door, but we all had one thing in common and that was the motive to raise as much money for Macmillan as possible.

It was an enjoyable moment for all our staff here at Nayyars as we really got to communicate with the local community, and share such a nice moment with friends and family who came. It was wonderful to see our staff selling cakes and getting involved with this event, and we could see what this meant as Macmillan Cancer Support has done a lot for many relatives we all have. So they truly are a special charity to us and it was a pleasure contributing to such a wonderful cause.

As we packed away and counted the money raised all of which will be donated to Macmillan Cancer Support, we reflected thoroughly on what a great day we had here in the office. The countdown now begins for the Nayyars Macmillan Coffee Morning 2018… Get your aprons on!

Spouse Visa

Applying for a Spouse Visa

When you are legally living in the U.K. permanently you will be known as the “sponsor.” Your spouse or partner is referred to as the “dependent.” This type of visa is generally known as the “spouse visa,” if you currently reside outside of the European Economic Area (EEA) or Switzerland, the correct title for such a visa is “family of a settled person” visa.

The visa application will need to be commenced by your spouse from outside of the U.K.  Once the application is ready to be submitted, your spouse will need to visit a Visa Application Centre to have his or her photograph and fingerprints taken as part of the process, this is known as ‘biometric information’.

When completing the application many people use a Solicitor, to ensure that their application is completed correctly to the highest calibre and getting the right help is vital, as the application process is very complex and lengthy. If you spouse visa is rejected and you wish to re-appeal, the process can take a significant amount of time, the usual time frame for an appeal in around 6-9 months. Hence, it is crucial to get the application right the first time around.

A few basic requirements before you apply:

• You and your spouse must be 18 and over to apply.
• You must prove your relationship is genuine. You will need to show evidence that you are actually married and that your relationship is subsisting.
• You will need to show evidence that you have a place for you and your spouse to live when he or she arrives to the U.K. and that you will continue to live together as a married couple once your spouse has arrived in the U.K.
• Meeting the required financial income threshold. The current rules state that you must have an income of £18,600 per year before taxes. If you wish to also bring over a child, then the income threshold increases to £22,400 per year, plus £2,400 per year for each additional child.
• Your spouse who wishes to enter the U.K. may need to prove their knowledge of English Language when they apply unless they are exempt.
• Your spouse may also need tuberculosis test results if they are from a country where you have to take the test

Why trust Nayyars:

Nayyars are a law firm specialising in Immigration law. We offer our clients the most important advice in initiating the most important step in their life.  Our goal is to make this process as smooth as possible when bringing your loved ones over to the U.K. We have a specialist team dedicated to helping you every step of the way.

We have a no-nonsense approach to making visa applications. If you do not fulfil the criteria we will be honest with you and tell you so. We will also guide you on what to do, so when you are ready to make the application it will be successful.

Please feel free to contact us for further information. We look forward to assisting you on this great journey every step of the way.

What is a Lasting Power of Attorney?

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint one or more people to support you to make decisions or to make decisions on your part should you become unable to. In order to make a Lasting Power of Attorney, you must be 18 or over and have the mental capacity (the ability to make your own decisions).

There are various different types of Power of Attorneys but the two most common are: Financial Decisions LPA– this allows the LPA to make decision in respect of money and property. This can include managing finances such as bank, investment and building society accounts, paying bills and selling the home as long as they are acting in the best interests of the individual. There is also The Health and Welfare LPA– this allows the LPA to make decisions concerning health and welfare. This can include making decisions in respect of the individuals’ daily routine, meals, clothing and deciding whether they can refuse or consent to medical treatment, including life-sustaining treatment.  The most important decision a Health and Welfare LPA can make is where you live whether this be in your own home, or moving into a care home.

You need to have mental capacity at the time you are making it. Most people make a LPA in anticipation that they may suffer an illness that would stop them being able to make decisions about their life. They want someone they love and trust to make these decisions for them.

Choosing the right LPA is essential as they are responsible for making life changing decisions for you. The following could be considered when making your decision:

• Is the person someone you trust fully?
• Are they able to manage their own affairs?
• Would they be happy and comfortable making decisions on behalf of you?
• Is the LPA someone who can be easily reached?

Creating a Lasting Power of Attorney should be a straightforward process and we can make it easy and as stress free as possible for you.  Nayyars Solicitors are a fully dedicated team that can help you create a Power of Attorney document that can be tailored to you.

CICA

Have you been injured through the act of violence through no fault of your own?

…If so, then carry on reading as you may be eligible for compensation! The Criminal Injuries Compensation Authority (CICA) deal with compensation claims from people who have been physically or mentally injured because they were the blameless victim of a violent crime.

There is no legal definition of the term “a crime of violence” Examples of physical attacks which would usually qualify for compensation are contained within the CICA scheme. If your assault falls within one of the following it is likely you will be eligible for compensation;

• A physical attack
• Anything else of a violent nature which causes physical injury
• Any kind of threat to a person which causes fear of immediate violence
• A sexual assault where a person did not consent
• Arson

A crime of violence will not be considered to have been committed for the purposes of the CICA scheme if, in particular, an injury;

• Resulted from suicide or attempted suicide, unless the suicidal person acted with intent to cause injury to another person
• Resulted from the use of a vehicle, unless the vehicle was used with intent to cause injury to a person
• Resulted from an animal attack, unless the animal was used with intent to cause injury to a person
• Was sustained in the usual course of sporting or other activity to which a person consented by taking part in the activity
• Was sustained in utero as a result of harmful substances willingly ingested by the mother during pregnancy, with intent to cause, or being reckless as to injury to the foetus.

Unfortunately, there are times when the CICA will refuse to make any award at all and this can be for numerous reasons. For example, it may be that the CICA feel that the assault has not been reported to the police quickly enough. The CICA may feel that the incident is not a “violent crime” as such. However, just because a CICA award is refused, it does not necessarily mean that ultimately an application will not be successful.

It is always possible to request a “review” of a decision made by the CICA. A written application must be made within 90 days of the decision, with any additional evidence in support enclosed. The CICA will then reconsider its position.

Nayyars Solicitors are specialist in making claims for people who have been injured in a crime of violence. Please feel free to contact us for an initial conversation about whether you would be eligible for a claim from the Criminal Injuries Compensation Authority.

Infant Approval Hearings: What are they?

The English law classes children under the age of 18 as minors and any claim brought forward for an individual under the age of 18, must be overseen by a Litigation Friend (Parent/Guardian) on their behalf.

A personal injury claim brought on behalf of a child needs to be judicially reviewed. This process enhances the safeguarding of the child in respect of the law.

With children’s personal injury claims, a court does not find it acceptable for the Litigation Friend to simply accept the settlement sum and then receive the compensation themselves, as you do for an adult compensation claim.

A Court will always want to protect a child’s interests and make sure they are properly looked after.

What is an Infant Approval Hearing?

An infant approval hearing can often be called a damaged based hearing, as that is exactly what it is. Once an offer for a child’s personal injury claim is accepted, it needs to be put before a judge and reviewed by the court accordingly.

The judge will review the evidence gathered on behalf of the child and will ensure that in the circumstances the amount offered for the child’s personal injury claim is acceptable.

The main purpose of an infant approval hearing – is to ensure that the child’s claim is not under settled and that they are not under compensated in respect of the surrounding circumstances of their claim.  A further purpose of the hearing, is for the court to ensure the child’s compensation is invested correctly in the court fund and managed until the client turns 18.

What happens at an Infant Approval Hearing?

After an agreement on a settlement, the sum has been reached between the Claimant and the Defendant, then the Claimant’s legal representatives will file the appropriate documents to the court and will await a hearing date from the court.

The time usually allocated for a hearing is 20 minutes. The child and the Litigation Friend will be required to attend the hearing, which is usually held at a local court to that of the child Claimant.

The judge will usually ask the child (age dependant) or the Litigation Friend if their injuries have recovered in line with the prognosis given by the medical expert in the medical report. This is to ensure the claim is not under settled. The judge will then take everything into consideration and will decide whether the settlement is approved.

A judge can refuse to approve the settlement, where they consider the settlement sum should be higher in relation to the injuries sustained. The judge will then only approve the settlement once an increased offer has been made by the Defendant.

If the settlement has been approved, then the settlement compensation will be invested into the Court Fund Office until the child reaches 18. A parent can ask the judge for an interim payment of the compensation, however, the judge will only consider this type of payment, where the parent can prove it will help the child. They will need to submit evidence to show this.

Once the child reaches 18, he/she can apply to the court funds office and ask for the compensation to be release to them.  By this time the damages will have accumulated interest.

At Nayyars we are specialist solicitors at handling claims for children. Many of the Team are parents and their aim is always to get the best result for every child.

Refused Right to See Child

Are you being refused the right to see your child?

The thought of not being able to see my children sends shivers down my spine. However sadly this is a daily reality for many parents whose partners stand in the way of them having a relationship with their children. As a lawyer doing family work over the years, I still have not been able to harden myself to the emotions involved when a parent is not allowed to see their child. Seeing the pain in a father’s eyes when he has not seen the children he dearly loves is haunting.

At Nayyars many of us are parents and we will do everything we can to ensure that our clients are able to have contact with their children. Remember – just because your relationship with your ex has broken down, that does not mean that your relationship with your children has too. However bitter and nasty the break up has been, the Courts in this Country recognise that every child need a good set of parents.

If you have been denied access to your children the first step you should take is to try and approach the parent amicably and ask for access. Be nice. If it is refused, then ask again. Be even nicer. If it is still refused then it is time to get the lawyers involved. We will try and get you contact without getting the courts involved but if your ex is being unreasonable then we will have no hesitation in taking the case all the way. Contrary to popular belief, lawyers are not a money hungry bunch.  Most lawyers will just want to help you with minimum stress and cost. Changes to Legal Aid mean that most people cannot get free or subsidized help from solicitors unless there has been abuse within the relationship. This means you will have to pay for it yourself.  Having said that, if anyone was denying me the right to see my children, every penny spent on it would be worth it. Don’t let the cost stop you.

We have a high success rate of reuniting parents with their children. We are known as a leading law firm in the area of Family Law.

At Nayyars we act for mums and we act for dads. I have learnt over time that every case is different but the struggle is always the same. It is a fight worth stepping up for and you need the right team with you. I often say to my clients be ready – this is a long and rocky road that will be uphill most of the way but we are happy to walk it with you. We will get you to the end however long it takes and the view at the top is always worth it.

Manchester – The Town of the Bee

Firstly, we would like to take this opportunity to say how proud Nayyars Solicitors are as a firm of our hometown Manchester. The love, spirit and resilience this City has shown makes it the only place most of us could ever call home.

In the last couple of months several incidents have occurred, which have affected each one of us in different ways; yet we all stood together and have come out even stronger on the other side.

Since this terrorist attack at the Arena, The Manchester Evening News have raised over £3m, this includes crowdfunding and the celebrity-filled One Love Concert. To help victims and victims’ family further, Manchester Law Society launched a pro bono scheme to help victims seek free legal advice and assistance.

As a team, Nayyars Solicitors have joined the Manchester Law Society Panel of Solicitors who are providing legal help. When the Law Society introduced this concept, we knew that this was a perfect opportunity to provide our services to those who are very vulnerable now and ensure that the victims are properly represented without the worry about legal fees.

Our Ayesha Nayyar gave the following statement to the Press following the events “As a Mancunian the events have shaken us to the core. Our prayers and thoughts are with the families of those who were killed, injured or were affected in any way including the emergency services who did everything they could in an impossible situation. This City will come back fighting and just as we did after the IRA bomb in 1996 and we will not be defeated. Even though our hearts may have been broken they will never break our spirit.”

A Claim can be made via the Criminal Injuries Compensation Authority Scheme (CICA). This Scheme  helps those that have suffered because of a ‘blameless act of violence’. To successfully bring a claim to the CICA, the victim must meet certain criteria’s. However if each criteria is met, then the victim can bring a claim to the CICA.

Nayyars specialises in other areas of law, we are able to assist in matters involving administration of estates and family law and not only personal injury. To benefit from this pro-bono scheme, please visit the Manchester Law Society website and complete the online form. You may specifically ask for Nayyars Solicitors to act for you and we endeavour to do our best to contact you.

As a fellow Mancunian, I can vouch for everyone and say that the Arena attack has left an impact on us. This incident has occurred too close to home and we would like to do everything possible to give back to the community. Whether you have been directly or indirectly affected by the attack, Nayyars Solicitors can provide legal assistance.