Frequently Asked Questions
General Questions
JNP Legal has offices at Merthyr Tydfil, Pontyclun, Cardiff and Nelson.
Our office hours are Monday to Friday 9.00 am to 5.00 pm. You can call us over the weekend, where messages will be passed to the relevant team to action for you, on our return to the office. We also offer a 24-hour chat facility on our website for general enquiries.
You can contact us via phone, email, WhatsApp or through our website at jnplegal.org.
Personal Injury Law
JNP Legal represent those who have been injured because of accidents at work, road traffic accidents, public liability accidents, clinical negligence and criminal injuries.
We deal with claims involving all types of physical and psychological injuries including spinal cord injuries and brain injuries.
The best way to know if you have a valid personal injury claim is to speak to an experienced solicitor. You can start the process by contacting JNP Legal by telephone, e-mail, online chat or by attending one of their offices. They will take full details of the circumstances, advise on the options available and answer any questions.
This depends on several factors including whether liability is admitted, the nature of the injuries and losses, and the evidence required. JNP Legal’s expert solicitors can advise more specifically on this based on individual cases.
Evidence is needed to support liability, injuries sustained and the losses suffered.
In relation to liability this can often include CCTV footage, photographs of the accident location, witness statements, accident report, dashcam footage and police reports.
Medical records and expert medical evidence are needed to provide evidence of the injuries sustained.
In support of the losses suffered it is important to retain wage slips, invoices, receipts, and bank statements.
There is a limitation period of 3 years from the date of accident or date of knowledge of negligence for most personal injury and clinical negligence claims, subject to certain exceptions. This usually means that Court proceedings need to be issued within this time period if the claim for damages is not settled.
It is important that advice is sought as soon as possible in order to assess individual cases. If the limitation period has expired there may be opportunity to apply to Court to set aside the time period but it is extremely important that such action is taken urgently.
Applications to the Criminal Injuries Compensation Authority must be made within 2 years of the incident.
There are also shorter limitation periods for claims relating to injuries sustained whilst travelling by boat or aeroplane and for accidents abroad. It is therefore important to seek advice from an experienced solicitor on the relevant limitation period in such cases urgently.
Family Law
JNP legal offer advice and representation on the following areas of Family Law:
- Divorce
- Separation
- Financial matters following a divorce or separation
- Child arrangement matters including residence and contact
- Cohabitation and separation agreements
- Pre and post nuptial agreements.
Divorce proceedings usually take between 6-8 months but can take longer if there are financial matters that need to be addressed.
There is no one size fits all and every case depends on their own facts. It is important for there to be consistency in any routine which is put in place and one of our Team can talk you through what set of arrangements may work best for your situation.
We offer fixed fees for our initial appointments and for representation at Court hearings. There are also fixed fee packages available for specific areas of work which we can discuss with you at your appointment.
Wills and Probate
A will is a legal document that states what should happen to your estate after your days.
By having a will in place, it will be both clear who is to inherit and what they are to receive, whether it is money, property or other possessions. This should not only offer peace of mind but also avoid uncertainty, which is often the catalyst for arguments that arise between family members after a death.
At JNP Legal, we appreciate that when a loved one passes away the thought of having to deal with the legalities of administering an estate can be daunting and overwhelming.
However our lawyers can assist you with:
- Making the application to the Probate Registry to obtain a Grant of Probate or Letters of Administration;
- Conducting full estate administration, which would include identifying the estate assets and liabilities, settling any IHT liability, submitting the application to the Probate Registry for a Grant of Probate/Letters of Administration, liquidating estate assets and paying liabilities and distributing the estate.
If you do not have a will, the rules of intestacy determine who inherits your estate. This may result in your estate passing to persons for whom you did not intend to provide.
It is important to note that a co-habiting couple will not automatically inherit from one another under the rules of intestacy. Furthermore, the rules of intestacy only recognise biological and legally adopted children. Therefore, if you wish to provide for a co-habiting partner or step-child it is important that you make a will.
If someone is unmarried and has no living relatives, with no valid will in place, their estate could pass to the Crown (Government).
If you have concerns about the validity of the will or if you have an interest in the estate and were not named in the will or if you haven’t inherited as much as you were expecting from the estate, it is possible that you can challenge the will.
However, every case is different and you should seek legal advice on the grounds and likely success of your claim.
You are free to exclude family members from your will. However, disinheriting can have serious and costly consequences for your estate. We recommend that you take legal advice about how best to approach this sensitive matter to ensure that the terms of your will take effect and to reduce the chance of a successful claim being brought against your estate.
Depending on the type and value of the assets that make up your estate, there may be a need to make an application to the Probate Registry.
Where the deceased left a valid will, the application will be for a legal document known as a Grant of Probate. This application is made by the executors named in the will.
Where the deceased didn’t leave a will, the application will be for a legal document known as Letters of Administration. The rules of intestacy determine who is entitled to make this application.
Conveyancing and Mortgages
Conveyancing is the legal process of transferring property ownership. You need it to ensure that the transaction is legally binding and all necessary checks are completed. JNP Legal can assist with many areas residential conveyancing, including purchases, sales, and transfers of property.
The conveyancing process typically takes between 8-12 weeks, but this can vary depending on the complexity of the transaction. JNP Legal’s dedicated Property Team support you at each step of the process.
Every property transaction is unique and we can provide you with an individual quote through our perfect portal by following this link - Property Portal
If you wish to purchase a property with a mortgage, most lenders will require you to instruct a Solicitor or Conveyancer to act on your behalf. Your Solicitor or Conveyancer may also be required to act on behalf of the lender in relation to the transaction unless there is a conflict of interest or the lender wishes to instruct its own Solicitor or Conveyancer.
It may not always be necessary to instruct a Solicitor or Conveyancer to act on your behalf in respect of your remortgage transaction. It will often depend upon the nature of the transaction and the specific requirements of your lender.
In circumstances where you wish to extend your current mortgage or change to a new product with your current lender, the assistance of a Solicitor or Conveyancer may not be needed.
If you are looking to remortgage your property with a new lender, it is likely that the assistance of a Solicitor or Conveyancer will be required. However, some lenders offer a free legal package as part of the remortgage deal. In such instances the lender will appoint a Solicitor or Conveyance of its choice to undertake the legal work.
If you are looking to switch your mortgage to a new product with the same lender it may not be necessary to instruct a Solicitor or Conveyancer to act on your behalf.
If you wish to switch your mortgage to a new lender the assistance of a Solicitor or Conveyancer is usually required to undertake the legal work involved. However, some mortgage lenders offer a free legal package as part of the remortgage deal. In these circumstances the lender appoints a Solicitor or Conveyancer of its choice to undertake the legal work.
Care Proceedings
Care proceedings are when the Local Authority are so concerned about a child, they feel the matter needs to be placed before the Court to decide where the child should live until they are 18. They are also initiated if there are any unexplained injuries to a child.
Our friendly and reliable expert solicitors can provide you with advice from the very start of care proceedings. They will make sure that you are represented at all hearings and will manage the legal aspects of your case for you.
Stage 1 – interim orders
The Local Authority and the Court will think about whether there need to be any interim orders put in place to keep a child safe while the court case is ongoing. This is also the stage where the court will consider what information it needs to make a decision.
Stage 2 – assessments
This is the information gathering stage where medical evidence, local authority records, support services records are all disclosed and the local authority look at whether or not a parent is safe, and complete assessments on their parenting capacity
Stage 3 – final orders
The Court will look at all of the evidence and make decisions based on this about where the child should live.
Definitely not. Social Services have to establish that the child is at risk of significant harm and provide evidence of why this is the case. The Court considers the test for this very seriously and will on occasions disagree with social services.
Yes, legal representation is free for a parent through the legal aid agency, regardless of how much a parent earns.
Business and Commercial Law
At JNP Legal, we extend our expertise to encompass business and commercial law, providing tailored legal solutions for both individuals and companies. Whether you are navigating the complexities of commercial property transactions, a landlord or tenant seeking advice on commercial leases or property developers needing strategic advice on setting up a new residential development including infrastructure agreements, our team of skilled solicitors is dedicated to supporting your commercial endeavours with precision and professionalism.
Criminal Law
We are specialists in criminal law and undertake a broad spectrum of defence work from general driving and road traffic to serious complex crimes such a sexual offences, fraud, drugs, murder/manslaughter and regulatory matters. We also have expertise in defending prosecutions brought by Local Authorities and the RSPCA relating to trading standards, non-school attendance and animal welfare..
If you are arrested or invited to attend the police station on a voluntary basis for a criminal interview, we can represent you free of charge, irrespective of your financial circumstances.
On arrest when you arrive at the police station, you will be asked if you wish to have legal representation. Simply request JNP Legal and we will be notified. This service is available 24 hours a day 365 days a year.
For voluntary interviews, please contact our CST team during office hours to book representation.
If you have been charged with a criminal offence or receive a Postal Charge Requisition to attend Court, please contact our CST during office hours to arrange an appointment with our specialist team.
Yes. Legal Aid is available for criminal proceedings subject to a means and merits test. Please contact our team to discuss eligibility.
An application for Legal Aid in criminal proceedings is made using the Legal Aid Agency online portal.
Please contact the team to book an appointment at one of our offices where we can complete your online application.
You are not obliged to have representation by a solicitor in court proceedings.
If you are a defendant in criminal proceedings, you are likely to benefit from a discussion with one of our defence specialists to assess whether it is in your best interests to have representation by a solicitor in court.
If you are a victim of crime you do not need a criminal defence solicitor, however, you may wish to seek legal advice from a solicitor in relation to matters such as compensation for injuries/loss. Our civil department may be able to assist you.
The consequences of a motoring conviction can be serious. Even offences which do not carry the risk of any loss to your liberty may carry the risk of the loss of your driving licence.
A specialist criminal defence solicitor will be able to advise you in relation to all of the associated risks and also the availability of any defence following which you can make an informed decision as to whether you wish to have representation by a solicitor in any criminal proceedings.
If you are found not guilty, you can apply for a defence costs order to recover the financial costs that you have personally incurred in defending your case. There are restrictions around this, and you may not be able to recover all of your legal costs. Our specialist criminal defence team can provide personalised advice tailored to your circumstances in this regard
Legal Aid
Our offices at Merthyr Tydfil and Nelson offer legal aid. Depending on the type of matter, you will either be eligible for non means and non-merits tested legal aid, or you will have to show that you earn below a certain amount in order to qualify and in some cases, that you fit into certain merit criteria. We recommend speaking with one of our team, who can advise you on whether you are eligible.
Legal aid can only be applied for by a solicitor. If you qualify for non means and non-merit tested legal aid then you do not need to provide any evidence, for example if you are a Respondent in Care Proceedings. If you are subject to means or merit tested legal aid then you usually need to provide copies of all bank statements for all accounts that you hold, spanning the last 3 months. You may also be required to provide proof of your income and provide copies of any wage slips. If you are subject to merits tested legal aid, then please contact our team who can advise whether you fit the merits criteria.
Legal aid can cover your representation costs, that is the costs for a solicitor and a barrister to advise you and to represent you at Court. Sometimes you will get legal aid for the full duration of the proceedings, and sometimes it will only cover you up to a certain hearing. Please contact our team for further information to see which one your case falls into. You do however get automatic legal aid at the police station regardless of what your income is.
In order to qualify for legal aid in family matters where it is means and merits tested, you need to earn less than £733 disposable income a month (this is after your bills, and only certain ones are included, such as rent) and have less than £8,000 in assets and savings.
In criminal matters, you will not be eligible if your disposable income per year is more than £37,500. If your income is less than this, then depending on the level of income and which court is dealing with your case you may qualify for legal aid which covers all your legal costs, or legal aid where you have to pay a monthly contribution towards your legal fees.
The table below sets out the different thresholds:
| Adjusted income | Magistrates’ court | Committal for sentence | Appeal to the Crown Court | Crown court trial |
|---|---|---|---|---|
| £12,475 or less | funded | funded | funded | funded, no income contribution |
| More than £12,475, less than £22,325 | depends on full means test | depends on full means test | possible fee, depends on full means test and outcome of appeal | possible income contribution, depends on full means test |
| £22,325 or more | not funded | not funded | depends on full means test and outcome of appeal | possibly not funded* or possible income contribution, depends on full means test |
The timescales as of November 2024 are between 7-10 working days unless it’s an emergency.
Miscellaneous
Our Client Services Team can take initial details of your matter and see how best we can assist you.
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If you have any further questions or need more information, please don't hesitate to contact us. We're here to help and provide the answers you need.
