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A LEADING solicitor vowed today that the search for Moors Murders victim Keith Bennett would continue – despite Greater Manchester Police’s announcement that there was nothing else it could do.

David Kirwan, who represents Keith’s mother Winnie Johnson, held two secret meetings with Moors Murderer Ian Brady during which the notorious killer indicated that he would be able to pinpoint the exact whereabouts of the body.

Mr Kirwan was recruited by Winnie Johnson, Keith’s mother, in March 2006 to spearhead a new campaign to get Brady back on to the Moors in a bid to find her son’s body.

The lawyer, one of the North West’s best known campaigning criminal solicitors, carried out months of painstaking research into the history of the case before securing his meetings with Brady.

Today, Mr Kirwan said: “We are naturally disappointed that GMP has decided to call off its search, but we have always maintained that the only person who can end Winnie Johnson’s 45-year nightmare is Ian Brady.

“So today I am calling on Ian Brady to declare that he will do what he says he can do. I am ready to meet with him again to help bring to an end the appalling ordeal Keith’s mother has endured all these years.”

Keith Bennett was 12 at the time of his abduction and murder. He vanished while on his way to his grandmother’s house in 1964.

Brady and Hindley were jailed for life at Chester Assizes on May 6, 1966, after being tried for the murders of Edward Evans, 17, Lesley Ann Downey, 10, and 12-year-old John Kilbride. The body of a fourth victim, Pauline Reade, was found in 1987, leaving Keith’s grave the only one never to be discovered.

Hindley died in November 2002 of a serious chest infection following a heart attack.

NOTES TO EDITORS

• For an interview with David Kirwan or further information, please contact Nick Mason at Mason Media on 0151 239 5052 or 07903 237008.

John Paul Dennis takes a look at the possible legal ramifications of Michael Jackson’s death.

The King of Pop has passed away and whilst many are mourning his death his parents have already filed initial paperwork with the Los Angeles’ courts to obtain control over Michael Jackson’s estate.

The Jackson family are world famous for their music but it is Michael Jackson’s lawsuits and civil litigation claims which have kept them in the spotlight in recent years.

It would now appear that Michael Jackson’s parents didn’t even know that he had made a will and things could be about to get very ugly, very quickly as people come out of the woodwork looking for a payout.

Michael’s parents, Joe and Katherine Jackson, quickly filed a petition for administration over his estate and a lot of the media in the US are reporting that the notorious singer died “intestate”, [without a will].

TMZ, a gossip site in the USA [who broke news of Michael Jackson’s death] are now reporting that the deceased popstar’s long-time lawyer, John Branca, who was spectacularly rehired only weeks ago, claims to be in possession of a will that Michael Jackson signed and Branca now intends to file this will within 30 days and obtain probate over the estate.

Mr and Mrs Jackson’s petition asks that Mrs Katherine Jackson be named as administrator of the estate, and if she is successful then she will control the estate of her late son, if Branca succeeds then he will control the estate instead.

No one has yet seen a copy of the will in attorney John Branca’s possession. It’s unclear how many wills Jackson made during his lifetime, if any at all, but Branca believes that he holds the most current will and testament and a legal wrangle over a the estate could be afoot.

Michael Jackson leaves 3 children [all are minor’s] and it is unsure if he has appointed guardians in his will for them. Anyone with young children should always take this step and if there is any disharmony within the family it is always important to leave a clear and properly drafted will to avoid litigation.

Under English law, individuals generally have a right to leave their estate to whomever they choose. It is possible however, to dispute a will’s validity or its content. It is quite possible that Katherine Jackson will seek to do this, especially given the rumours of how her son spent his final weeks, added to his fragile state of mind.

If you feel you’ve not been adequately provided for in someone’s will you can challenge it. Should Michael Jackson’s children have been left out of the will or if there is no actual will in existence then someone will need to bring a claim against the estate on behalf of the children as they will need to be protected and cared for.

Many disputes surrounding the administration of the estate can often be resolved by a simple exchange of correspondence with the personal representatives, mediation can be offered and is always advisable due to the cost implications of attending Court. In the Jackson’s case it appears as though there could be a legal fight just to ascertain who has the right to administer his affairs. This is before the running of his estate and custody of the children is even addressed.

Anyone considering a claim against an estate should seek legal advice to see whether or not they will be able to challenge the will or apply for some form of financial provision from the courts.

It is also important that any wills made are also correctly drafted and free from issue to avoid the problems highlighted above and again legal advice should be sought if you can anticipate any such problems occuring in the future.

For an informal appointment or discussion of your requirements contact Kirwans Solicitors, 236-238 Hoylake Road, Moreton, Wirral, Merseyside, CH46 6AD on 0151 6773433 or 363 Woodchurch Road, Prenton, Birkenhead, Wirral, CH42 8PE on 0151 608 9078
John-Paul Dennis

The death of Michael Jackson has raised questions over the custody of his children, Paul Hunt takes a look at the legal issues involved.

In the wake of the recent sad death of Michael Jackson we have learned that his children are in the care of his own parents.  It raises the question of what happens to your children if you die.  Who will look after them?  Will there be any dispute between family members?

It is possible to appoint a Guardian of your children in a Will.  That Guardian will then be able to take over responsibility for the children immediately.  Their authority stems from the Will and not from any application to the court.

However appointment of a Guardian can only take effect if there is nobody else still alive who already has “Parental Responsibility”.  If the parent who died was the mother then there may be a surviving father with Parental Responsibility if he was married to the mother or if the children were born after December 2003 and his name is on the birth certificate.  He would then be the only person legally entitled to take over responsibility for the children.

It is always sad to see disputes between surviving parents and grandparents as to who looks after children.  If you believe that you should be looking after somebody’s children and if you do not already have Parental Responsibility, then you would need to make an application to the court for a Residence Order especially if there is somebody else who is opposing your wishes.  The court will then have to make a decision as to what is in the best interests of the children.

While only certain people are allowed automatically to apply for Residence Orders, in theory anyone can apply if they first obtain the leave of the court.

It may well be the case that informal arrangements for the care of the children can be made within the family, but unless anybody has Parental Responsibility (which goes automatically with a Residence Order) then there might not be anyone who can actually give permission for medical treatment or other important decisions.

Michael Sandys on how the rise in redundancies has increased the number of entrepreneurs setting up new business ventures

Workers are turning redundancy into opportunity as they use payouts to set up their dream jobs.

A Merseyside law firm has seen a dramatic rise since the start of the year in people seeking advice on setting up their own business ventures, using their redundancy money as capital.

Since January this year, Kirwans Solicitors have advised dozens of individuals wanting to use their redundancy funds for business start-ups.

In spite of the economic downturn, some people view redundancy as a “golden opportunity” said Michael Sandys, Commercial Partner at Kirwans Solicitors.

“Redundancy is often seen as a negative factor but for certain individuals it can provide the opportunity they’re looking for. It can give people the financial freedom to invest in a venture they have always been passionate about.

“I’ve spoken with a range of people who are setting up their own businesses, from senior banking figures starting their own consultancies to engineers investing in an entirely new sector. In each case, they’ve used their redundancy payouts to finance the new projects.”

However, investing in an economy with unemployment figures for May hit a 12-year high of 2.2 million people is a risky business, said Mr Sandys.

“If a new company is going to survive in the recession, people must be able to identify sectors that are riding out the financial storm. They need to invest in a unique idea, something that isn’t already flooding the market.”

“Investors also need to be aware about the legal issues surrounding shareholders, lease agreements and contracts of employment. People shouldn’t rush in with their eyes closed.”

Measures to encourage investment in energy efficiency, renewables and carbon capture initiatives were announced in April’s Budget, and Mr Sandys has seen an increase in people seeking advice in the sector.

“Investing in a sustainable future seems to be high on people’s agenda. It’s something that people are keen to address and want to set up in.”

Case study

Mike Brown, an engineer from Manchester was made redundant after 20 years working with the same company. A programme director for an American software firm, he thought his job was secure in the recession but when his office near Old Trafford closed this year he found himself without work.

“I’ve never been unemployed before, even when I was at school I had a job. At 16 I did an engineering apprenticeship and worked my up to programme director at multinational company,” said the 45-year-old.

“When I was told I would lose my job it was as though I was no longer a person but a number in a spreadsheet. I was devastated.”

Mike applied for “hundreds of jobs” but didn’t receive an interview for any. “I hadn’t written a CV in 20 years, it was tough going back into the marketplace.”

He attended an event held by Kirwans Solicitors where he met local councillors and other like-minded environmentalists. It was here that Mike altered his course and steered away from engineering and into the career path of a carbon emissions-reduction scheme.

“It took a while to figure out what to do, but once I went to Kirwans [Solicitors] seminar I decided on a new direction.

“I had to ask myself, do I want to continue in the software business and work for someone else, or do I want a new challenge? I chose the latter.

“A lot of people see redundancy as a huge setback and others see it as a great opportunity. I see it as half of one and six dozen of the other. I have a family to support but at the same time it has given me the chance to invest in a project that I’d never have been able to do otherwise.”

Mike decided to invest his five-figure redundancy package in a ‘green’ project. Alongside a previously self-employed contractor and another keen businessman, Mike’s new idea will be based in the North West and help reduce CO2 output and help lower domestic bills.

“The environmental industry is still in its infancy. Some firms are failing, others are successful. We’re currently identifying a new breakthrough approach in the sector. It’s not a ‘get rich quick’ scheme but it will help cut carbon emissions and energy bills.

Mike’s wife is supportive of the new venture. “When I lost my job she was distraught, but now she realises I’ve got a new chance. She doesn’t understand the ins and outs of the business model and is a little anxious of it, but at the same time she’s encouraging me.

For others in the same situation, Mike realises the decision is tough but an opportunity to reach “their dream” might not happen again.

“People facing redundancy have a lot more time to think. They will ask themselves, ‘do I want to go back and work for a boss for another 20 years or do something I’ve always wanted to?’ Now might be the best chance to try a new approach.”

For more information, please contact Jane Batchelor at Mason Media on
0151 239 5057.

Kirwans free legal surgery to technology businesses

A legal surgery, run by Kirwans Solicitors on Thursday 9 July, will focus on intellectual property (IP) advice and patent issues and will also cover commercial and employment advice.

The event will be held at Liverpool Innovation Park from 9.30-11.30am.

“It’s important in this economic climate to give SMEs the chance to get pro bono advice,” said Michael Sandys, Commercial Partner at Kirwans Solicitors.

“The legal surgery will let employers and employees discuss any issues they have in a relaxed environment. Whether it’s IP or employment law advice, they can pop in and talk to one of the team.

“Liverpool is a fast-moving city, it’s important to highlight its innovations and ensure that businesses can continue their success. Being aware of the legal issues involved is one step towards achieving this.”

Mark Tock of Liverpool Innovation Park supports the initiative: “We’re happy to be providing companies with free expert advice when the economy is slowing down. The surgery will allow businesses to get advice that they might not otherwise have access to.”

Liverpool Innovation Park has 65 businesses ranging from Sony to Liverpool John Moores University.

The legal surgery will take place at Baird House, Liverpool Innovation Park, Edge Lane.

To book a place, please contact Alison Scragg at Kirwans Solicitors on 0151 229 5600.

Kirwans’ Mallika Nair discusses the need to tighten child entertainment laws in LDP Legal

Click on the link below to read the coverage

“For better or for worse…”  This does not refer to the marriage vows but to the position a business might be in if an order is made for division of assets during a divorce.

The financial crisis appears to have come upon us so quickly and so unexpectedly that changes in the values of assets have taken place over a short period far in excess of what might normally be expected with normal fluctuations of share prices.

If a court order is made determining what share of the assets the husband and the wife shall receive, then as a matter of public policy that order cannot be varied.  Once such an order is made then either party is normally entitled to be able to get on with their lives without worrying that the other party may seek to reopen the agreement and claim a greater share.

In limited closely defined circumstances the court can overturn Capital Orders but something must have happened within such a short period of time that completely undermines the fundamental basis upon which the order was made.

A case has just been determined in the Court of Appeal in which the husband sought to vary a court order on the basis that the price of the shares retained by him had fallen massively in value.

The Court of Appeal rejected that argument and allowed the original order to stand.  Essentially once an agreement has been reached, that involves retaining assets with a fluctuating value, then the person who has retained those assets has to make the best of it without trying to rewrite the deal if it has not turned out as one expected.

By extension the same must also apply to property prices.

There are parts of orders however, which can be varied including maintenance payments and lump sum payments by instalments.  It may not be possible to change the capital part of the order but if there are some very substantial lump sums to be paid over a period of time, then a change in circumstances could justify an application to the court for variation of the lump sum instalment payments.  The court however has made it clear that there is no question of anyone having to repay money or property that they have already received as part of the bargain.

The impacts of the financial crisis are far reaching and anyone with substantial assets looking to negotiate a split at this time needs to be very careful as to striking a balance between dividing relatively safe assets and other assets, which could be subject to wild fluctuations.

Daniel Stear discusses how plummeting property prices have opened up opportunities for leasehold property owners.

Falling property values are helping owners of leasehold property increase the marketability of their property, according to a Wirral conveyancing specialist.

With prices continuing to fall in many regions, owners of leasehold properties, particularly flats, are taking the opportunity to extend their lease while it is cheaper for them to do so.

Daniel Stear Kirwans Solicitors’ conveyancing team said: “The marketability of leasehold properties is tied inextricably to the length of the Term of the Lease: the longer the lease, the greater the marketability.

“The mechanism for working out how much it should cost to extend your Lease is calculated in part by the value of the property, so astute homeowners are currently taking advantage of any drop in values to extend their Term.”

Most banks require a Lease Term that is at least two and a half times the length of the mortgage term.

Therefore as flat owners face the prospect of having their properties sit on the market for longer than anticipated, extending the Term of the Lease will act to increase its marketability.

Once a lease has less than 80 years to run, the costs to buy a lease extension increase dramatically.

Mr Stear added: “Any flat owners who face being in this position should seek to take advantage of this option now rather than wait as when property prices go up it will be far more expensive to extend the Lease.

“Flat owners are therefore advised to consult their solicitor over whether or not they will be eligible to apply for such a Lease extension.”

With 42% of grandparents losing contact with grandchildren following a separation, Anna Ellis takes a look at the legal opportunities that exist for grandparents in such a position.

According to new research due to be published shortly, 42% of grandparents lose contact with their grandchildren after parents separate.

If after separation, contact between grandparents and grandchildren cannot be resolved between the parties and or via mediation, then grandparents do have the option of making an application to the Court to determine the issue of contact with their grandchildren. An initial application known as applying for the Court’s leave has to be made, designed to filter out unwarranted court applications.

The leave is likely to be granted if the grandparents can show they have a genuine interest and commitment to the child. But, in cases where the child has been living with the grandparents for at least 3 out of the last 5 years, then they do not need to apply for leave.

The courts then consider the child’s best interests and also welfare. There is a checklist with factors to be considered:

•    The ascertainable wishes and feelings of the child concerned (considered in the light of his/her age and understanding).
•    His/Her physical emotional and educational needs
•    The likely effect on him/her of any change in circumstances
•    His/Her age, sex, background and any characteristics of his/hers which the Court considers relevant.
•    Any harm which he/she has suffered or is at risk of suffering

David Kirwan has launched a campaign to become an Independent MP in the wake of the expenses scandal gripping Parliament.

David Kirwan revealed that if elected he will take only the MP’s salary and not accept a single penny in expenses, except for the cost of travel to and from Westminster.

Mr Kirwan, Senior Partner with Merseyside-based Kirwans Solicitors and an Independent Councillor says he has been “appalled” by the daily revelations about MPs of all parties.

The solicitor believes that his declaration will encourage other prominent figures in towns and cities across the UK to consider taking on candidates from the mainstream parties.

While the need to clean up Parliament will be at the heart of Mr Kirwan’s campaign, he will also use his local knowledge to bring attention to a number of issues affecting people in Wirral.

The solicitor and councillor for Hoylake and Meols has been leading the campaign against the threatened closure of libraries and other cultural amenities in the borough. He also blew the whistle on the axing of jobs at the Burton’s biscuit factory two years ago.

Mr Kirwan will be standing in Wirral West, already a knife-edge seat with sitting Labour MP Stephen Hesford up against Tory Esther McVey.

Mr Kirwan said today: “Day after day, night and night, the reputation of our Parliament is being besmirched by MPs from all sides on the take.

“Millions of hard working, law abiding people are rightly disgusted by each new revelation to emerge in what has been the darkest week in the history of Parliament.

“I have therefore taken the decision to show voters in Wirral West that there is an alternative at the ballot box to this immoral and shameful system.

“In announcing my candidacy today to become Independent MP for this constituency, I pledge that I will not take a single penny in expenses other than the cost of travel. This means I will pay for a second home in London out of my own pocket and not be dependent upon the taxpayer.”

Mr Kirwan added: “There will therefore be no claims for fixing leaks under tennis courts, repairing moats, non existent mortgages and bags of manure.

“There will be no flipping of homes or claims on two second homes. There won’t even be claims for kettles, televisions and ironing boards.

“If by throwing my hat into the ring I can make a small contribution towards the huge task of cleaning up our Parliament, then I will have been a cause for good.

“I hope, too, that my actions encourage other similarly disgusted people to seek to challenge the status quo in their constituencies the length and breadth of Britain.”

NOTES TO EDITORS

• David Kirwan’s Website
• For interviews with David Kirwan or further information, please call Nick Mason on either 0151 239 5050 or 07903 237008.
• Download full press statement (PDF - 43kb)