CIVIL PARTNERSHIP – Five Years On

It is both hard to believe that it is five years since civil partnerships became legal and conversely that there was a time, not so long ago, when same-sex marriages were not allowed at all. Five years on, the Office for National Statistics has published a review looking in detail at the characteristics of those entering into civil partnerships.

It is no surprise that there was a deluge of Civil Partnerships after the introduction of The Civil Partnership Act in December 2005. Most of the first Civil Partnerships were between men but this has now evened out and there are just as many women “tying the knot”.

Interestingly, civil partners are less likely to “divorce” than their heterosexual counterparts. It may well be because statistically civil partners tend to wait until they are a bit older and wiser, though according the statistics the average age is now decreasing.

Of course, the analysis over the last five years does not perhaps paint a true picture of the position. For example, those who married shortly after the Act was introduced may have been in long and strong relationships for a significant period before. They will continue to gather statistics.

It is encouraging that most British people now accept same-sex marriage but very sad indeed that fewer people approve of same-sex couples adopting children.

At Hanne & Co, we have a large family department with solicitors who can advise on all legal aspects of civil partnership including pre-nuptial agreements, dissolution and adoption. Please do call on 020 7228 0017 or email us at info@hanne.co.uk

SQUATTING – How Hanne & Co can Help

Events at Dale Farm have put squatting in the news. However, there has also been increased press coverage recently of squatters’ rights in relation to residential property following recent high profile cases including that of the Harley Street doctor, Dr. Cockerell, and his wife. 

Following a recent ruling in which the Judge ordered a London council to publish a list of the empty homes in its borough, Housing Minister, Grant Shapps, referred to proposed Government consultations on making squatting a criminal offence, stating that he wished to “shut the door on so-called squatters rights once and for all and end the misery, expense and hassle that far too many people have had to endure”. 

However, it should be noted that it is already a criminal offence to squat a person’s home or a property that a person intends to occupy as their home. This is governed by the Criminal Law Act 1977. Under that Act a home owner already in occupation of the property is termed a “Displaced Residential Occupier” and a person intending to take up occupation as a “Protected Intended Occupier”. In both cases it is a criminal offence for a squatter to remain in the property once they are made aware of the existence of either a displaced residential occupier or a protected intended occupier. In such circumstances the police have the power to arrest, without warrant, any squatter who refuses to leave after a request to do so has been made. Furthermore, the occupiers themselves are entitled to use force to re-enter and reasonable force to remove the squatters from the property.

Squatting a vacant property that is not a home is not, at present, a criminal offence. However, the person with a right to the property does have remedies in the civil courts and they are entitled to apply for an Interim Possession Order which is likely to be granted within a matter of days. Once such an order has been served on the squatters they must vacate within 24 hours. Failure to do so becomes a criminal offence in itself.

Whilst Government moves to both clarify and strengthen laws surrounding squatters are likely to be welcomed by many, it should not be overlooked that, in many circumstances, the criminal law already applies. This is in addition to the civil remedies available.

If your home or property is being squatted the experienced Housing Law solicitors at Hanne & Co are able and happy to assist. You can contact us for confidential advice and assistance on 020 7228 0017 or by email at info@hanne.co.uk

UP AND AWAY – Recent European Court Decisions on Employment Law

There have been two recent European Court of Justice judgments relating to the employment of airline pilots. Although the facts were very specific to our friends at the front of the plane some of the principles would apply to those of us sitting back in cattle class.

The first case is Williams & others-v- British Airways. This was referral to the ECJ by our own Supreme Court. The question put the ECJ was whether holiday pay could include other allowances on top of the basic pay. The ECJ decided that allowances that were paid for any "inconvenient aspect" of the job should be included in holiday pay. The example given was for flying allowances paid to pilots which should be included whereas allowances for time spent away from home may not be allowed.

The principal that exercised the ECJ was that there should be no deterrence to people taking holiday and that holiday pay should be very much akin to pay received whilst at work. This judgment may therefore be applicable to other employments where allowances are paid.

The second case again regarding pilots is Prigge and others –v- Deutsche Lufthansa AG. The ECJ held that a German rule prohibiting commercial pilots flying after the age of 60 was counter to the Equal Treatment Directive. Reasonably the Court held that air traffic safety was a legitimate objective but they were not convinced that a blanket ban on pilots over the age of 60 was proportionate especially as there are international rules allowing commercial pilots to work until the age of 65. 

Again this has general relevance as once again the Court has decided that age limits should be proportionate to their objectives. Also this judgement may give hope to some others who fancy a second career navigating between the clouds before we end up playing the harp on one of them.

Contact Hanne & Co's employment law solicitors on 020 7228 0017 for any employment law issues.

Possession Proceedings against Rioters

The Housing Department at Hanne & Co has considerable experience in representing tenants in possession proceedings. Following the recent riots a number of local authorities have indicated that they will seek to evict people convicted of riot related offences. 

Where a tenant of a local authority or a person residing or visiting that property has been found guilty of conduct causing or likely to cause a nuisance or annoyance or has been convicted of an offence in the locality of the property, then a possession order can be made by the County Court. When deciding whether or not grounds for possession have been made out the County Court would need to determine whether or not the conduct in question is likely to have caused a nuisance or annoyance or whether an offence has been committed. The conduct or offence has to be in the locality.

The fact that the rioter is not the tenant does not prevent the local authority from bringing possession proceedings. So long as that rioter is either residing with or visiting a tenant the local authority can take possession proceedings against that tenant regardless of whether the tenant knew what that person was doing.

Whilst there are various defences that can be raised in possession proceedings, given the effect on communities of the rioting, Judges are likely to consider any possession cases being brought based on these offences as being very serious. This means that it is more than possible that parents of a child who is convicted of such an offence carried out locally to where they live could face eviction even if they were unaware that their child was committing an offence.

If you are a council tenant and your local authority is bringing possession proceedings against you the Housing Solicitors at Hanne & Co are available to assist you. We are one of the few law firms in South London with a contract from the Legal Services Commission in the category of housing and we can offer public funding (previously known as Legal Aid) to clients who are eligible. We also offer competitive private rates. Contact us for confidential advice and assistance on 0207228 0017 or email info@hanne.co.uk