Brearleys Solicitors

25/09/2026

25/09/2026

DEALING WITH A BEREAVEMENT

Losing someone you love is one of the hardest things anyone can go through.

And while it often feels as though the world has stopped, death admin piles up quickly – funeral arrangements, sorting inheritance, and making sure their final wishes are respected can become overwhelming.

Our accredited Lifetime Lawyers, James Shingleton and Emma Ingram are here to help you through this difficult time. They have specialist training in looking after clients who are in vulnerable situations, including bereavement, and can take some weight off your shoulders.

Our Lifetime Lawyers can help you break things down, provide peace of mind and guide you through all legal steps with compassion.

If you need any help following a bereavement, please contact James at our Cleckheaton office on 01274 864002 (option 3) or Emma at our Brighouse office on 01484 714400 (option 3).

23/09/2026

STRICTLY LAW

Strictly come dancing is back on our tv screens. We are big fans! It will be the topic of conversation at the kettle come Monday morning, and a return to the strictly series on our Batley Office lyrics board.

In many ways a legal case is surprisingly similar to strictly.
They both exist within their own world, with their own rules and regulations, their own unique participants, and their own deciders of the outcome – in both cases the Judges.

Different types of legal dispute, as with different dances, have their own approaches. For example, the more relaxed system of say a mediation, which is designed to allow freedom of movement and approach to reach an end result. Comparable to Strictly’s couples choice.

As against the more rigid and prescribed format of court litigation, with strict rules of evidence and procedure. Comparable say to the tango. Put a foot wrong and the Judges will notice.

Importantly both require specialist knowledge, skills, and experience. As with Strictly, we also have our own team of professionals, here to help our clients through the twists and turns of their case to get to their best end result.

And as the dancers on Strictly have their own specialist areas, so too do our team of lawyers. The genteel waltz of wills and probate, the high tempo salsa of conveyancing, the stony faced paso doble of litigation, to the quick step of family law.

And we are both kept under careful scrutiny. In Strictly by the Judges, and at our firm the Partners…..now, which Partner is Craig Revel Horwood??

We cannot promise to improve your American smooth, but we can help with your legal problem. You can contact us through our website, by email, telephone 01924 473065, or call in to one of our offices. We can offer an initial free consultation. Legal aid and no win no fee may also be available.

15/09/2026

We are proud to sponsor Norristhorpe Junior FC Under 11 team for a second season running.

James Shingleton, a Partner at Brearleys Solicitors said "It is great to link up with a local football club, that provides an opportunity for all children, whatever their ability, to get involved in the game. My son plays for the club and he loves the fun and friendly environment that has been created. Best of luck to all age groups at Norristhorpe Juniors for this new season."

If anyone would like any legal help with Wills, Lasting Powers of Attorney, Probate and Estate Administration or Estate Planning, please do not hesitate to contact James at our Cleckheaton office on 01274 864002 (option 3).

We can also help with most other areas of law, so do not hesitate to get in touch.

11/09/2026

SEPARATED PARENTS & THE NEW SCHOOL YEAR: WHO GETS TO DECIDE?

A new school year can mean new teachers, new routines and sometimes even a new school. For separated parents, however, decisions about a child’s education can occasionally become a source of disagreement.

So, who actually gets to decide?

The starting point is parental responsibility. This means having the legal rights, duties and responsibilities involved in making important decisions about a child’s upbringing.

Where both parents have parental responsibility, important decisions such as changing a child’s school – should generally be discussed and agreed together. Everyday decisions, such as homework routines, meals and normal activities, will usually be made by whichever parent the children are with at the time.

Difficulties can arise where parents disagree about matters such as:
• Which school should a child attend;
• Moving a child to another area;
• School holiday arrangements;
• Taking a child abroad;
• Extracurricular activities; or
• How much time a child spends with each parent.

Where possible, parents should try and resolve disagreements through direct discussions or family mediation. Keep communication child-focused and avoid involving children in adult disagreements can make a significant difference.

Unfortunately, agreement is not always possible.
In those circumstances, the Family Court can be asked to make decisions. Depending upon the issue, an application may be made for a Specific Issue Order, asking the Court to determine a particular question, or a Prohibited Steps Order, preventing a particular decision from being made without the Court’s permission.

The Court’s paramount consideration will always be the welfare of the child, rather than what either parent personally wants.
If you are separated and finding it difficult to agree arrangements for your children, obtaining advice at an early stage can often prevent matters escalating.

Brearleys Solicitors Family Law team advises parents on child arrangements, parental responsibility, school disputes, relocation, holidays and other family law matters (divorce and finances).

Please contact us on 01484 714400 (option 2) for further advice.

06/08/2026

FAMILY & SEPARATION: WHAT HAPPENS WHEN ONE PARTY BREAKS A CHILDCARE HANDOVER AGREEMENT?

When parents separate and arrangements are made for the children to spend time with each party, it is common for there to be a handover agreement. What happens when one party breaks this?

What are childcare handover agreements?
Childcare handover agreements establish the location the handover takes place, whether the handover is facilitated by the parents or a third party and what information is to be shared during the handover. Childcare handover agreements can be court ordered, agreed at mediation or drawn up in a separation plan.

What are the typical examples of agreements reached between parties and what are handover agreements likely to consist of?
The handover agreement could include neutral venues, for example, at school, at a family members home, a public place or a contact centre facility. It is also necessary to include the timings of the handover.
Where there is a risk of a child witnessing parental conflict, or a risk of domestic abuse between the parties’, then a third party or professional contact centre is likely to be considered as beneficial to facilitate the handover.
Information about the child could be shared during the handover, or, where there is a risk of domestic abuse, a third party facilitator could share required information directly. Alternatively, information can be shared within a parenting app or by way of a handover book.
The type of information required to be shared, could include but not limited to, what the child has eaten, how much the child has slept, any accidents or injuries that have occurred during contact and whether the child has been well during contact.
It may be beneficial to include in the agreement how belongings are managed and transferred, for example, car seats, clothes, medication and toys.

Is there a difference between intentional and unintentional breaking of an agreement?
In order to determine whether a breach of the agreement is intentional or unintentional a number of factors should be considered. For example:
• Is there a court order in place?
• How often has the breach occurred?
• Is there a complicating factor which may be causing the breach making it unintentional or providing a reasonable excuse?
• Is one party purposely breaching the agreement in order to cause distress to the other party?
• Are the arrangements working generally?
• Has it impacted on the welfare of the child?
• Do the arrangements need to be reviewed in order to make sure they are effective?

What does the law say about the potential consequences of breaking an agreement?
If the childcare handover agreement is ordered within a Child Arrangements Order, then warning notices are included advising of the consequences of non-compliance.
The consequences include:
• Being in contempt of court
• Being committed to prison or fined
• Ordered to undertake unpaid work and pay financial compensation.
If the handover agreement is not court ordered, then it is not legally binding, and therefore has no legal consequences.

What is the course of action for the non-breaking party?
If the agreement is court ordered and one party is in breach, the other party could make an application to court to enforce the order. The applicant would need to prove beyond reasonable doubt that the other party has breached the order without reasonable excuse. Beyond reasonable doubt means that the court must be satisfied that the failure to comply was not due to mere negligence or mistake. The court will take into consideration the following:
• The timing and frequency of the breaches
• The reasons for the breaches
• The impact on the child’s welfare
If the agreement is not court ordered, then parties are encouraged to resolve matters through a mediation service. Should this not be successful, then parties are able to make an application to court, if this is necessary in the circumstances.

If you are unsure about your next step, contact Brearleys Solicitors today to arrange an initial discussion with a member of our Family Law Team.

This article is for general information only and does not constitute legal advice.

03/08/2026

NO LEGAL PROBLEM TOO SMALL

Whilst helping a new client out with a legal problem recently he mentioned in passing that he had contacted a number of different solicitors firms before ourselves but they had all told him that his matter was “too small” for them, or words to that effect.

In truth it was not a significant dispute, it did not involve a large sum of money, nor were the legal principles significantly complicated. But that did not make it a small matter. It was a matter of significant worry to our client.

A claim valued in the hundreds of thousands brought by a multinational company used to dealing with commerce at that level may well be a small problem to that company. Whereas an individual trying to get back £5000.00 they can ill afford from a rogue trader would be a very big problem to them.

At Brearleys we understand that all legal problems are important, and the size of the problem on paper is not necessarily the size of the problem to the client. We are here to help in all situations and whatever legal problems our clients face.

Yes, there are practicalities which are unavoidable which can make it difficult to get assistance. For example in claims which have a more modest value, the question of legal fees can be an issue. There will be circumstances where the cost of advice and assistance does not make financial sense as against the potential benefit and reward of bringing the legal case.

But equally there will often be circumstances where the size of the problem to our client means that the cost is worthwhile.

We pride ourselves on being clear when it comes to legal fees and likely costs. We will advise against engaging our services if we do not consider that that is financially worthwhile to our client.

After all we are based in Yorkshire so we really do understand the value of money….

We offer initial free advice, so whilst we may not be able to help resolve your problem, we can at least help with pointing you in the right direction to assist you in doing so for yourself.

If you have a legal problem of whatever size, then get in touch and find out what your options are including detailed information as to what that might cost. There is no obligation and it will help you make an informed decision as to what you want to do. You can contact us through any of our conveniently located high street offices, through our website, or by telephone on 01924 473065

23/07/2026

GOING ON HOLIDAY? HAVE YOU MADE YOUR WILL?

It is the start of the school holidays and everyone starts to take a well-earned break from the daily toils of life by going on holiday. In amongst the excitement there is always an element of planning, packing and ensuring everything is in order before jetting off. Most people take time to arrange travel insurance to protect themselves in the event of anything going wrong whilst they are away. This can provide peace of mind to increase the enjoyment of the well-earned break. Have you considered, however, making sure that your affairs are in order in the event anything should happen to you, by making a will?

Travel can come with it’s own risks and unexpected events such as accidents or health emergencies. You may undertake riskier activities on holiday like diving or paragliding. Consider what would happen if the worst were to happen and you have not made a Will. The government have set out in the intestacy rules where your assets would pass if you have not made a Will. It is a strict set of rules depending on which relatives survive you. This can lead to those who you wish to benefit from your estate missing out, for example unmarried partners would not benefit under these rules or step-children. Taking legal advice and preparing a Will means that you will have peace of mind knowing that those who mean the most to you are adequately provided for if the worst were to happen. It also allows you to think about determining where your assets would pass if your immediate family were all travelling with you and there was an accident. In addition, making a Will allows you to appoint a guardian who would be responsible for looking after any minor children you have if something were to happen you.

Making a Will also allows you to choose who would be best placed to deal with your estate if you were to pass away so that you would appoint them as Executor. The Will gives authority to an Executor to deal with the estate and this may assist with repatriation .

If you are making a Will before you go on holiday you need to ensure that correct legal requirements have been met. The person making the Will must be over 18, have capacity to make a Will and be making the Will of their own free will. It must also be in writing and be signed in the presence of two independent witnesses, who must sign, print their name, address and occupation.

We pride ourselves on being specialists in this area, providing understanding and practical advice with a high level of client care. If you would like expert advice with regards to making a Will, do not hesitate to contact one of our Team:

Brighouse Office- Emma Ingram 01484 714400
Cleckheaton Office- James Shingleton or Nike Hardy 01274 864002
Birstall/Batley Offices- Chloe Lord 01924 443900
Morley/Leeds Offices- Olivia Hall 01134 673430

07/07/2026

BIRSTALL AND BATLEY PRIDE COMPETITION

The winner of our competition to win a TV, from the Pride event was........

ZOE MARR

Congratulations, Zoe!

Zoe guessed the correct answer of Brearleys' favourite superhero, which is THOR!! Zoe has now collected the TV from our Birstall office.

Thank you to all those that took part.

01/07/2026

BATLEY AND BIRSTALL PRIDE 2026

We had a fantastic day, with lots of engagement at the Batley and Birstall Pride event on Sunday 28th June. 73 people entered our competition to win a Hisense UHD TV. Entrants had to name Brearleys' favourite superhero.

We had two entrants that got the correct answer and a winner will be announced shortly....

Thank you to all those that visited our stall.