Feb 12

During the recent deluge of snow and ice, Grahame appeared on Calendar news to provide advice on the legalities surrounding clearing snow and ice on and around your property.

Feb 25

A Yorkshire law firm has passed a milestone by donating more than £1,000,000 of free legal advice. Leeds MPs and the Law Society have praised Grahame Stowe Bateson (GSB) for hosting free advice surgeries every Wednesday since opening its first office in 1981.

Led by Grahame Stowe, the firm now operates across seven locations in Leeds and Harrogate.

Mr Stowe’s wife, leading divorce lawyer Marilyn Stowe, has also been applauded for her pro-bono work. While working with GSB, Mrs Stowe unearthed crucial medical evidence which secured the release of Sally Clark, wrongly convicted of murdering her two sons. She runs her own firm, Stowe Family Law.

Mr Stowe said: “Pro-bono advice is a way law firms can really contribute and put something back into the communities they work in. It is far more effective than just handing over a cheque.

“I’m very proud that we have sustained this commitment for over a quarter of a century and am delighted with all the work the team has put in to achieve this milestone.”

Paul Marsh, president of the Law Society, said: “The value of GSB’s pro-bono work should be an inspiration for other law firms and businesses. It has shown a real commitment to providing access to justice, which is priceless to those who benefit from the advice provided.”

Leeds North West MP Greg Mulholland (Lib Dem) said: “I believe this is an essential and much needed service, particularly as legal aid funding is becoming ever more difficult to access.”

Fabian Hamilton, Labour MP for Leeds North East: “The public often believes that lawyers only care about the fees they are paid and not about the clients they represent. GSB is a firm that shows clearly why many lawyers went into their profession: to help vulnerable people who need legal advice gain equal access to the law, one of the essential elements of a real democracy.”

During November the practice waived £50,000 in fees as part of Will Aid, a national initiative where lawyers donate their services to support nine UK charities including the NSPCC, the British Red Cross and Help the Aged.

The firm’s expertise has also been recognised by Leeds University, which appointed GSB to provide pro-bono advice to its students. 

Feb 20

RARELY, it seems, does a week to go by without a member of the Government proclaiming they are winning the ‘war’ on crime – and flaunting the latest statistics to support their case. However, the statisticians have now begun to fight back. The country’s most senior data gatherer Sir Michael Scholar, head of the UK Statistics Authority, publicly scalded the Government for claiming data showed a 27 per cent fall in stab wound hospital admissions – for which Home Secretary Jacqui Smith has since apologised.

The sad truth is that if we continue in this spiral of manipulating figures to meet political ends, the public’s confidence in the entire criminal justice system will be undermined – and that can only benefit criminals.

A further salvo to be fired in the debate came from Rod Morgan, the former chairman of the Youth Justice Board, who accused the Government of “perpetrating smoke and mirror exercises” with youth crime statistics.

He claimed that more than 19,000 children and young people issued with penalty notices for minor offences of anti-social behaviour were not included in official figures – which were heralded at the time for showing a supposed 10 per cent reduction in youth crime.

Had this group been included, the reduction would have been wiped out, and the credibility of the Government’s youth crime agenda called into question.

A cynic might suggest that this group was deliberately excluded to suggest falling figures and promote the new initiative of fixed-penalty notices administered by the police.

During my career, I have witnessed the entrenchment of the target-culture and performance monitoring in the criminal justice system. The most worrying aspect has been the increasing frequency with which offenders are released with cautions.

My colleagues and I have certainly seen a notable decline in the number of young people being brought before the courts, while the numbers of offenders given final warnings – even for serious offences – is a further blow for the victims of crime.

Why this may have happened is, of course, a topic of intense debate. The Government and its supporters would claim this is a result of policy introduction and not a cause for concern, but others see and feel an increasing sense of lawlessness involving gangs of youths and simply do not believe what they hear at the dispatch box.

In an ideal world, the statistics would help us shed light on the true situation, but at present we are simply unable to take them at face value.

If we are to rebuild public confidence in the criminal justice system, there must be wholesale reform of the way data is collected and presented.

As has been suggested by several commentators already, there is a clear need for a truly independent statistics watchdog which controls government information. Of particular importance to criminal justice is that this body must also decide which information it collects.

While high conviction rates are no bad thing, the public needs to know if they are being achieved by significant reductions in the number of cases being brought to court.

Ultimately, politicians will always seek to present themselves in the best possible light and claim they are ‘winning’ the war on crime. Equally, there is a clear need to ensure progress can be measured, to allow good work and for successful initiatives to be recognised and expanded.

I certainly feel much more needs to be done to represent the feelings and worries of victims of crime. At present, the British Crime Survey is the only national indicator of the public’s fear of crime, but there is very little data measuring how many victims of crime are confident justice has been done, or indeed that they have been well served by authorities.

Furthermore, it is absolutely right that in the course of this debate, the issue of police accountability is raised. I, myself, have written to Ministers raising the issue of Whitehall targets putting undue pressure on the police and resulting in deeply unjust decisions in pursuit of improved performance figures.

And, throughout all the media stories lambasting ‘dodgy’ data amid cries of ’spin’ and statistical tomfoolery, the deep-rooted fears and needs of the victims of crime are nearly always forgotten - a lesson that those individuals and politicians in a position of power need to heed.

Grahame Stowe is senior partner at the law firm Grahame Stowe Bateson.   

Jan 15

Legal warning over redundancy pay-offs SENIOR employment lawyers in Leeds are warning of a potential ‘litigation time-bomb’ as bosses rush through redundancy deals with fast-track settlements.

Employers are said to be increasingly turning to compromise agreements to speed up the process of reducing staff numbers, which involve employees accepting a higher pay-off in return for waiving their right to sue for other grievances.

With a sharp increase in the number of such agreements being proposed, two of the region’s law firms – Grahame Stowe Bateson and hlwMcCombie Commercial Lawyers – are urging both sides to make sure every detail is carefully checked, or risk serious consequences in future.

Employment solicitor at Leeds-based Grahame Stowe Bateson, Arthur Bateson, says he has seen a significant increase in the number of people being offered compromise agreements in recent months.

Rights

“Employees need to remember when they sign one of these agreements they are surrendering a wide range of legal rights,” he warned.

“For example, if they are being bullied, harassed or discriminated against they would not be able to sue once they have signed.

He added: “While the bigger pay-off may be attractive, it’s important to measure this against the potential damages you may be entitled to under another claim. The offer may not be as generous as it first appears.”

Joan Pettingill, employment partner of hlwMcCombie Commercial Lawyers, which is also based in Leeds, has acted for a number of employers working through the redundancy process in recent months.

She said: “It’s imperative bosses are aware that the simple act of offering a compromise agreement can amount to unfair dismissal. Compromise agreements can be a useful tool, but they are also another complexity that can lead to expensive headaches if they are not handled properly.

Guidance

She continued: “With clear, concise guidance employers can strengthen their business for the future without delay or excessive legal costs. Redundancy needn’t be a minefield if companies take their time and keep all records up to date to avoid any potential litigation after a deal is signed.”

Jan 13

The grandson of anti-gun campaigner Pat Regan was ordered to be detained indefinitely at a secure mental hospital after he admitted killing her in a frenzied knife attack.Rakeen Regan, 21, loved his grandmother and she doted on him but he developed severe paranoid schizophrenia which made him delusional, Leeds Crown Court heard.

Mrs Regan even asked for him to be returned home with her after he was taken to hospital the night before he attacked her in her flat in Leeds.
He had been taken to an accident and emergency unit after exhibiting bizarre behaviour.

Today Regan denied murder but admitted manslaughter on the grounds of diminished responsibility and this plea was accepted by the prosecution.
He also admitted wounding a railway manager with intent.

Judge Peter Collier QC heard that Mrs Regan suffered a series of stab wounds to her head and neck when her grandson attacked her in her home in Marlborough Grange, Leeds, on June 1 last year.

She was found with part of a broken knife embedded in her eye.
The court heard that Regan’s mental health had deteriorated in the early part of the year.

In the days before the incident he had been arrested by police and after his release claimed officers had tried to rape him.

He also claimed aliens were trying to get him, and that “reptilians” were all over the place.

Jeremy Richardson QC, prosecuting, told the court that, as the defendant became more delusional, he claimed his grandmother was a paedophile.

He was taken to accident and emergency at St James Hospital, in Leeds, on the night before the attack.

Regan was assessed by a mental health nurse who weighed up whether to release him with medication or to detain him under the Mental Health Act.

But Mrs Regan asked for her grandson to come home with her.
Graham Hyland QC, defending, told the court: “It was Pat Regan’s wish for him to come home with medication. Tragically that wish, born out of her love and concern for the welfare of her grandson, cost Pat Regan her life the following morning.”

After sentencing, Judge Collier asked whether health professionals could learn lessons for the future from the way in which Regan was dealt with at the accident and emergency unit.

He stressed he was not seeking to criticise anyone’s decisions and said “hindsight is a wonderful thing”.

But he urged health trusts to examine situations where families ask for relatives suffering from mental illness not to be detained.

He added: “It’s important to understand that those involved who made the decisions at the time were acting entirely properly.”

Mrs Regan founded the Leeds branch of Mothers Against Violence, a voluntary organisation dedicated to offering support and education to those affected by violent crime.

Her motivation was the murder of her son Danny, who was gunned down on his doorstep in St Helens, Merseyside, in December 2002.

The judge heard the defendant was badly affected by this shooting.
He was told that this and a serious assault on him may have contributed to his mental health problems.

The judge also praised railway station manager David Clark, who was attacked by Regan at Leeds Station after he killed his grandmother.

The court heard Regan was found on the tracks at the station and he attacked Mr Clark, who was trying to stop him going back on to the rails.

Mr Hyland said: “He loved his grandmother and she loved him.

“It’s perfectly clear that were it not for the onset of this terrible illness these events would not have occurred.”

Speaking afterwards, Regan’s solicitor, Grahame Stowe, said: “This is a very tragic case for Rakeen’s family.”It shows the clear dangers that follow when a serious mental disorder goes untreated.” Mr Stowe said his client had the “full support” of his family. “They fully support Rakeen,” he said. “Essentially, it was not his fault.”

The court was told Regan would be detained at the Rampton special hospital, near Retford, in Nottinghamshire.

 

Nov 24

Why Jacqui Smith can’t ban prostitution Jacqui Smith cannot ban prostitution because there will always be a demand for sex by men who are prepared to pay for it. Equally there are women who are prepared to have sex and be paid for it. By Grahame Stowe
History teaches us down the centuries that will always be the case. Therefore I believe the relevant issue for society is how to protect both sexes from exploitation which can occur on both sides. Women may be forced into prostitution, men may desperately wish to have sexual relationships, but have no alternative but to do so with a prostitute.
Under current law, pimping, brothel keeping, kerb crawling and soliciting sex are all illegal. Prostitution is not a criminal offence.It is this contradiction that means nearly every activity associated with it constitutes criminal activity and why the trade is predominant in dark streets and alleyways – without any protection for those involved. The latest idea from the Home Secretary is to make it illegal for anyone to pay for sex with a pimp-controlled prostitute.This seems to follow the Swedish model, introduced in 1999, when it became illegal to pay for sex, but not to offer sex for sale. This was backed up by harsh punishments for men seeking to pay for sex and long prison terms for pimps. Although it certainly drove prostitutes off the streets for a period of time, current opinion suggests they have returned, and prostitution thrives secretly in apartments and brothels, which are far less easy to police. Thus the women caught up in prostitution are still clearly at risk and those desperate men who risk their liberty and reputation to pay for sex are still prepared to take those risks.If the government is serious about dealing with the sex trade, it needs a far more radical approach. It needs to be focused on giving those trapped a way out of their lifestyle and not burdening the already overworked police forces in this country with more complicated offences they can never seriously expect to enforce.

I see no reason why Government is so keen to shy away from debate about reducing criminal sanctions for those involved and establishing a proper regulated industry, other than a weak attempt to win votes

Nov 12

It’s free and easy to avoid sad legacyFREE wills are being offered by a Leeds law firm as part of a national charity fund-raising drive.“Will Aid” operates through volunteer law firms who draw up wills, or alter existing ones, without charge.  People are asked to make a donation in return, or leave something to charity in the will which they have drawn up.Since its launch in 1988, Will Aid, has raised almost £7m in donations and much more in legacies.Monies raised are split between nine participating charties, including the British Red Cross, Help the Aged and the NSPCC.Will Aid will be in operation throughout November.Law firm Grahame Stowe Bateson, which has seven offices in Leeds and Harrogate, has supported the campaign for the last 10 years.Senior Partner Grahame Stowe said:  “Making a will is a relatively simple process and can save a great deal of anguish, yet an incredible number of people have nothing in place.“Will Aid is a terrific opportunity for members of the public to put their affairs in order and support nine very good causes at the same time.”

Oct 13

FOR many a homeowner the credit crunch makes this a worrying time – if like most people you have a mortgage. A series of catastrophes in the global financial markets has seen banks go under, be bought up in “quick fire” sales or nationalised. The looming recession and the spiraling cost of living has squeezed household budgets.

Mortgages are now difficult to come by and difficult to keep, with economic experts warning that the dire situation is likely to get worse over the coming months and years.

It is far from surprising then that the number of homes being repossessed in West Yorkshire has soared in recent months.

The latest figures, compiled by the Ministry of Justice, make ominous reading.

In Leeds mortgage possession actions have been launched against 858 properties already this year – that works out as 12 per cent more claims than last year. Elsewhere in the region, the rising repossession rate has been even more dramatic. Dewsbury saw 457 mortgage possession actions launched – a rise of 24 per cent, while Wakefield has seen actions launched against 259 properties – a rise of 28 per cent. The biggest hike has been in Bradford with 918, a 36 per cent jump.

Advice charity National Debtline said it has seen a 30 per cent increase in the past year in the number of worried callers who have fallen into arrears on their mortgage.

So Consumer watch has teamed up with a leading Leeds-based law firm to bring you a guide to avoiding repossession.

Grahame Stowe, senior partner at Grahame Stowe Bateson, said: “Householders who are struggling with their finances need to be aware that no matter how grave their situation, it may be possible to come to some agreement with their mortgage provider.

“The worst thing that someone can do is to sit back and pretend that it isn’t happening. Even after court proceedings have been issued, it may be possible to find a workable solution.”

Advice to vulnerable householders:

1. Make sure you can afford a mortgage from the outset. This piece of advice does not just apply to first time buyers. Many cheap fixed-rate deals are due to expire so homeowners looking to remortgage should consider their options very carefully.

The key points to consider are:

What you can afford – review your monthly outgoings alongside your and income and work out exactly what you can afford;

Will your salary increase year on year – be truthful, is this a definite?

Always assume the worst by working on the basis that interest rates will rise;

2. The terms and conditions of your house loan. If in doubt, seek advice from a solicitor or another industry professional. Take immediate action if you find yourself struggling. Don’t ignore the warning signs. If you are living month-to-month and finding it difficult to meet mortgage payments or you miss a payment, burying your head in the sand and hoping that the problem will go away will only make the situation worse. The best possible course of action is to contact your mortgage provider at the earliest opportunity. Explain your situation, and ask to discuss ways to work together to avoid any repossession proceedings. Before you call, make sure you have information about your budget to hand. Be realistic about what you can afford. It is rare for mortgage providers to recoup their investments when homes are repossessed, so it is in their interests to negotiate with you and come to some form of agreement.

This could be by way of:

A payment holiday – a temporary period during which the borrower does not have to pay anything towards the mortgage, or is permitted to make reduced payments,

Capitalising arrears – when arrears are added to the total mortgage debt. Please bear in mind, however, that this solution can raise the cost of your monthly instalments in the long run, changing to an interest-only mortgage – converting a repayment mortgage to an interest-only mortgage can reduce the size of monthly instalments.

“Whatever you do, do something,” warned Mr Stowe. “Never ignore demands by your mortgage provider for outstanding arrears. If they feel that you have ignored their letters or phone calls your mortgage provider will be less willing to seek an amicable agreement with you. Work with them NOT against them.” 3.  Check to see if you are entitled to state benefit assistance such as tax credits or child benefit.  It is estimate that people in the UK are missing out on benefits and tax credits worth £5million a year. 4.  Keep your wits about you; beware of companies offering to help you avoid repossession by buying your property and renting it back to you.  Very often the purchase price offered is below market value and the rent you will be charged will most likely be over and above the average rental price in your area. 5.   Consider selling your property yourself.  If you simply cannot afford your mortgage, in the long term, you should consider selling the property yourself while you are still living there to get a higher price. 6.  Know your rights.  If the situation deteriorates and the bailiffs arrive at your home remember that they do not have the right to force their way into your home, said Mr Stowe.  “They are not permitted to push past you if you answer the door to them, however, they are allowed to climb over your fences and gates and gain entry through the doors and windows that have been left open.  Note that the bailiffs may attempt to gain entry by attempting to walk past you, asking to use the telephone or inviting themselves inside.  “You do not have to let them in.  Once inside, a bailiff will attempt to find and seize any goods of value.”

What to do if you are facing repossession

If worst comes to worst and you face losing your home, the best thing to do would be to seek legal advice immediately as court proceedings are likely to have been issued against you.

When meeting your solicitor:

1.  Prepare a thorough breakdown of your budget and take it to your first meeting;

2. Take a copy of your mortgage agreement, and all correspondence with your mortgage provider. This will help your solicitor get to grips with the situation quickly and enable them to help you devise some realistic options.

 

Jun 5

The grandson accused of murdering anti-gun campaigner Pat Regan was remanded in custody today. Rakeim Regan, 20, appeared at court in Leeds charged with the murder of the 53-year-old, who was stabbed to death on Sunday. Dressed in a grey sweatshirt and blue track suit bottoms, Regan looked disorientated as he stood before magistrates mumbling and fidgeting. He spoke only to confirm his name and address during the five-minute hearing. Regan was remanded to June 11 when he will appear at Leeds Crown Court. He is also accused of wounding with intent following the stabbing of a railway worker at Leeds station on Sunday. Grahame Stowe, defending, made no application for bail. Following the news of Mrs Regan’s death, tributes poured in from friends, family, politicians and campaign groups. Mrs Regan had campaigned against guns and violent crime since her son, Danny, was shot dead in St Helens, Merseyside, in December 2002. She founded her own organisation, Mothers Against Violence, in Leeds and visited schools giving talks about the dangers and consequences of getting involved in crime and carrying weapons. The Home Secretary Jacqui Smith led the tributes from politicians, saying she was “shocked and saddened” about Mrs Regan’s death. “I had met Pat on several occasions and have been greatly impressed with her dedication to tackling gun crime,” she said. “Her death is a great loss.” Friends and family held a candle-lit vigil close to the scene of her death.  

May 8

Gordon Brown’s government is set to announce whether it plans to reclassify cannabis, in a move that is set to draw criticism whatever the outcome.The decision on whether to upgrade cannabis to Class B from Class C follows a government-commissioned review by an independent body, which will also publish its findings on Wednesday.Speculation is rife that Brown will reclassify cannabis as a Class B substance, going against the advice of his advisory council that is expected to endorse the status quo.Government officials declined to comment ahead of the announcement but Brown said last month he wanted to send a strong message that use of the drug was “unacceptable”.Cannabis was downgraded to Class C – which includes substances such as anabolic steroids – in 2004.That means possession of the drug is treated largely as a non-arrestable offence.But proponents of a tougher drugs policy say its Class C status ignores the potential mental health effects of cannabis, particularly stronger variations like “skunk”.Mental health criminal lawyer Grahame Stowe, a partner at law firm Grahame Stowe Bateson, said reclassification of cannabis was long overdue.“Those of us who work in the criminal and mental health spheres of the legal industry are acutely aware of the danger cannabis poses and the long-term damage it causes,” the lawyer, who has 35 years’ experience, said in a statement.“Reclassification is the only way to address this problem and make concrete progress on tackling cannabis use.”The Advisory Council on the Misuse of Drugs (ACMD) was asked by Brown shortly after he took office last June to review the drug’s classification and it reported to ministers last week.The council will make its findings public about the same time as Home Secretary Jacqui Smith unveils the government’s decision to parliament, expected at 12.30 pm (1130 GMT).Going against the council’s advice would be controversial given it plays a major role in drugs policy but Brown would also come under fire from those who say the current policy is too soft if he decides to keep the drug in Class C.Last month, Brown hinted he favoured reclassification.“I don’t think that the previous studies took into account that so much of the cannabis on the streets is now of a lethal quality and we really have got to send out a message to young people – this is not acceptable,” he said.He added he was particularly worried about the growing use of skunk cannabis, which he described as “more lethal”.

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