Services

The Public Solicitor Office provides a wide range of services and solutions to individuals and businesses. Contact us to request an appointment.

Company and Commercial

For corporate and business clients the Public Solicitor’s Office has experience in many types of transactions and we are capable of delivering speedy solutions across a broad range of specialised topics. However, we recognise in some circumstances we may not have the expertise and will arrange for you to be referred to a firm of solicitors in the UK or South Africa as appropriate from a panel of preferred suppliers. Any referral will be discussed in full with you before it is made.

Court of Protection

When caring for family members and loved ones, it is essential their best interests are put first, to protect all they have worked so hard for. In certain circumstances, family members and loved ones may no longer have the mental capacity required to make important decisions regarding their finances.

The Court of Protection is the judicial body responsible for making decisions relating to the management of finances and other affairs of those individuals who lack the mental capacity to do so themselves.

We are in the position to help you if:

  • You are responsible for managing someone else’s affairs
  • You are concerned about the ability of someone else to manage your affairs
  • You are concerned about the ability of someone to manage another person’s affairs
  • You are concerned about your own ability to manage your affairs
  • There is a dispute or uncertainty about someone’s ability to make decisions for him/herself
  • There is a dispute about what social care, residence or medical treatment is in a person’s best interests
Criminal Representation

There may be times when you need help with situations which involve the police and require assistance. In these circumstances, we are able to help you with all aspects of your case.

Whether it be advice at the police station, advocacy in the Magistrates Court or even representation at the Supreme Court. We will also deal with any concerns if you are in prison.

Please do not hesitate to contact our offices and, if you are detained at the police station then we can always be contacted and do not hesitate to ask for our help.

Criminal representation on both St Helena and Ascension is a free and confidential service with high standards.

 

Employment Disputes, Unfair Dismissal and Redundancy

The law relating to employment is rapidly developing and it is vital that comprehensive advice is available to anyone affected. We are able to offer that advice in a timely fashion and with full knowledge of the options available.

We deal with Disciplinary Proceedings and Dispute Resolution and we offer advice on conciliation and are frequently involved with Compromise Agreements.

With statutory time limits on many claims such as unfair dismissal it is imperative that anyone affected takes early advice and we have experienced solicitors who can help.

Employers

We can also prepare documentation and provide advice and assistance to employers to ensure that their contracts, policies and procedures are fully compliant with the Employment Rights Ordinance.

Family Law

Domestic Disputes

We understand how difficult domestic disputes can be for all those involved and especially children.

Private Family Law

Our private family law services include:

  • Divorce and separation
  • Financial and property issues
  • Disputes about children – where they should live and who they should see
  • Domestic violence
  • Cohabitation agreements
  • Prenuptial agreements
  • Parental Responsibility

Care and Supervision Proceedings – Your Children

Public Family Law

If you are involved with Social Workers or the Social Services Department (the Safeguarding Directorate) we can provide specialist advice and assistance. We have considerable experience in representing parents, other family members and children.

Our public family law services include:

  • Pre-hearings (PLO)
  • Care proceedings
  • Children protection conferences
  • Contact to Children in Care
  • Special Guardianship orders
  • Adoption

Our family lawyers are extremely experienced and include members of the Law Society’s Children Panel and members of Resolution (www.resolution.org.uk) and members of the Association for Lawyers for Children (ALC).

Immigration

St. Helena and Ascension Island both have their own unique set of rules with regards to immigration and status on each Island.  These issues may surround your ability to work, reside or visit.

Our team will be able to provide you with appropriate advice and guidance depending on your individual or family circumstances.

Litigation Advice

For anyone involved in or about to become involved in litigation, it is vital that the full range of options are fully aired at an early stage. We have experienced solicitors with many years of experience who can help you decide on the appropriate course of action and the likely levels of costs.

We act in many contractual disputes and across a whole range of areas. We also deal with other areas of litigation such as contentious probates and property disputes.

We understand the need to realistically assess the total costs which might be incurred and to advise our clients on alternative strategies such as mediation and dispute resolution.

We keep our clients fully informed and monitor progress on all current files on a regular basis. We provide a cohesive approach at what is often a difficult and stressful time and we give you the very best chance of winning.

Medical and Clinical Negligence Compensation

We all place our health and wellbeing in the hands of medical professionals, whether it be our GP, hospital nurses or surgeons and when you do so you should expect the highest level of care.

If something goes wrong we can help you get the medical negligence compensation you or your loved ones deserve.

What is Medical Negligence?

Medical negligence happens when a medical worker or healthcare professions makes a mistake or acts in a way that damages your health or wellbeing. Clinical negligence is the same thing, just with a different name.

A medical negligence claim can include:

  • Preventable errors caused by simple oversights or minor mistakes (also known as never events)
  • Inaccurate diagnosis
  • Incorrect treatments, medicines, advice and prescriptions
  • Delay in diagnosis
  • Failure to refer to a specialist

We are here to help if you or a member of your family has come to harm as a result of negligence. You have a right to seek compensation for your injuries. We will handle your claim with care, sympathy and complete professionalism, helping you carry on with your life.

  • We put your interests first
  • We ensure the most appropriate and effective legal and medical specialists are handling your claim
  • We will give advice on pursuing a complaint through the healthcare system including assistance with drafting the complaint where appropriate
  • We provide thorough advice on what the outcome of your medical negligence claim is likely to be from the outset, so that you feel reassured every step of the way
  • Legal Aid will always be available for medical negligence claims, subject to the approval of the Legal Assistance Fund

The Legal Assistance Fund is unique on St. Helena and Ascension Island and allows for funds to be available for obtaining expert evidence and advise in these cases. The Legal Assistance Fund fees are usually repayable if the claim is successful. Our costs information explains more about the Legal Assistance Fund.

Personal Injury

For anyone unfortunate enough to be injured by the negligence of others, it is vital that they receive sympathetic and realistic advice on the merits of their claim at an early stage.

If you have suffered a personal injury, or if you are acting on behalf of someone who has died because of a personal injury you may want to consider the following:

  • Do you want to make a complaint to the person or organisation you believe was responsible for the injuries?
  • Do you want to make a claim for compensation to cover losses you have suffered as a result of the injury?
  • Are there any immediate financial problems arising because of the injury, for example, you are unable to work?
  • Do you want to contact an organisation that could offer support or counselling?

We are always happy to offer an initial free interview and we often deal with claims without cost to our clients.

We fight to get our clients appropriate compensation as quickly as this can be arranged.

We deal with claims arising from motor accidents, injuries at work, medical negligence, industrial negligence and trips and slips of any kind.

Legal Aid may be available for personal injury claims, subject to the approval of the Legal Assistance Fund.

The Legal Assistance Fund is unique on St. Helena and Ascension Island and allows for funds to be available for obtaining expert evidence and advise in these cases.  The Legal Assistance Fund fees are usually repayable if the claim is successful.  Our costs information explains more about the Legal Assistance Fund.

Power of Attorney

When you make a power of attorney, you appoint someone else to act on  your behalf.  The person making the power of attorney is called a donor and the person appointed to act on their behalf is called an attorney.

A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the government.

In order to make a power of attorney, you must be capable of making decisions for yourself.  This is called having mental capacity.

You can give someone power of attorney to deal with all your property and financial affairs or only certain things, for example, to operate a bank account, to buy and sell property or change investments.

If you want to make a power of attorney which only deals with certain matters, you should make sure that it is drawn up very carefully so that the attorney is very clear about what authority they have to deal with your affairs. 

It may be necessary to include property in the UK under a Lasting Power of Attorney.

Managing the Affairs for Someone Else

Managing someone else’s affairs can be a number of things, including:

  • Looking after their bank accounts, savings, investments or other financial affairs;
  • Buying and selling property on their behalf;
  • Claiming and spending welfare benefits on their behalf;
  • Deciding where they live;
  • Making decisions about their day-to-day personal care or healthcare.

You might want to manage someone else’s affairs because they:

  • Are ill or disable, either temporarily or on a long-term basis;
  • Are living away from St. Helena or Ascension island for a while;
  • Are unable to make decisions for themselves because of mental illness or other reasons

There are different ways of managing someone’s affairs and choosing the right one will depend mainly on the circumstances of the person whose affairs you want to manage and whether or not they have mental capacity to manage their own affairs.

You can look after someone’s affairs in one of the following ways:

  • With a letter or a third party mandate to deal with a bank, building society or other financial account
  • As an agent or appointee to deal with someone’s welfare benefits
  • With a power of attorney
  • As a deputy appointment by the Court of Protection.

We at the Public Solicitor’s Office are able to provide clear advice on the best course of action for you to appoint someone to deal with your affairs or if someone needs to appoint you to deal with their affairs.

Probate and Administration of Estates

How To Deal with the Property of a Person Who Has Died

Everything owned by a person who has died is known as their estate. The estate may be made up of:

  • Money, both cash and money in a bank or building society account. This could include money paid out on a life insurance policy
  • Money owed to the person who has died
  • Shares
  • Property, for example, their home
  • Personal possessions, for example, their car or jewellery

 If the person who died owes money to other people, for example, on a credit card, for fuel, for rent or a mortgage, this comes out of the estate. The estate of the person who has died is usually passed to surviving relatives and friends, either according to instructions in the will, or if the person dies without leaving a will, according to certain legal rules called the rules of intestacy.  

The person dealing with the estate of the person who has died is called an executor or an administrator. An executor is someone who is named in the will as responsible for dealing with the estate. An executor may have to apply for a special legal authority before they can deal with the estate. This is called probate.

An administrator is someone who is responsible for dealing with an estate under certain circumstances, for example, if there is no will or the named executors aren’t willing to act. An administrator has to apply for letters of administration before they can deal with an estate. 

It is usually against the law for you to start sharing out the estate or to get money from the estate, until you have probate or a grant of representation. We offer a full range of services in connection with probate and the administration of estates.  We also  offer services dealing with disputed Wills and contentious probate.

Property and Land

The Public Solicitor’s Office historically has not been involved with the sale and/or purchase of land on St. Helena although we can provide guidance and assistance.

We deal with many other ancillary areas such as restrictive covenants, easements, boundary disputes, tenancies and leasehold enfranchisement.

Wills

Making a Will – Why it’s Important

It’s easy to put off making a will. But if you die without one all that you own (your assets) may be distributed according to the law rather than your wishes. This could mean that your partner receives less, or that the money goes to family members who may not need it.  Also, the government may receive your money by way of tax which could have been avoided by making a will. (Currently there is no Inheritance Tax on St. Helena, Ascension or Tristan da Cunha). 

It is important for you to make a will whether or not you consider you have many possessions or much money. 

It is important to make a will because:

  • If you die without a will, there are certain rules which set out how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed
  • Unmarried partners cannot inherit from each other unless there is a will, so the death of one partner may create serious financial problems for the remaining partner
  • If you have children, you will need to make a will so that arrangements for the children can be made if either one or both parents die 
  • If your circumstances have changed, it is important that you make a will to ensure that your money and possessions are distributed according to your wishes. For example, if you have separated and your ex-partner now lives with someone else, you may want to change your will. If you are married this may make any previous will you have made invalid 

If you would like further information about making a will or updating your existing will please us. We do charge for this service, but charges are affordable.  Once the document has been prepared and witnessed, we will then deliver the original will to the Supreme Court Registry and provide you with a copy.

A simple and straightforward will is £15. For a more complicated will, how much you are charged by us will depend on your household income (see the costs of legal services).

We will discuss your instructions and the costs involved in a clear and confidential manner. If you wish to make an appointment to prepare a will, or to discuss your existing will, please contact the office and collect one of our forms which we would ask you to complete in advance of our meeting, this will give you the opportunity of thinking about some of the issues that we will discuss with you and which will be included in the will.

The wills questionnaire can be found here.

The Public Solicitor Office

The Fort

Ladder Hill

St Helena Island

 

Opening Hours

Monday – Friday

8.30am – 4.00pm

Contact Us

Email: office@publicsolicitor.com

Telephone: +290 23008 / 23007

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