Blogs

26 May 2017

With another general election fast approaching we have compared and contrasted the mainstream English political parties’ manifestos in relation to their tax plans and see how these have changed since the last election in 2015. Given the surprise nature of the ‘snap’ election, there is not as much detail on tax policy as in the […]

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25 May 2017

When a flat owner decides to extend their lease or to join together with other flat owners in the building to collectively purchase the freehold, paying off any outstanding service charge on completion is a task that may not cross their minds when they initially instruct a solicitor. Moreover, constantly rising and unfair service charges in […]

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19 May 2017

We regularly advise businesses on securing investment and negotiate the associated contractual documentation. When an investor comes on board, the terms of investment should be made clear from the outset and a well drafted investment agreement can achieve this and provide a solid framework for the relationship between the parties. The subscription and shareholders’ agreement, […]

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19 May 2017

Our solicitors have just returned from The Business Show at London’s Excel. During the two days of the show 100 businesses took the Bolt Burdon Fit test designed to assess their business health and exposure to risk. The score papers are now being marked and the results will then be sent to the businesses together […]

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15 May 2017

We are pleased to be exhibiting at our first Business Show on 17 & 18 May and Excel London, stand 6086, where we will launch our Legal Fit Test. Our commercially savvy solicitors will be asking businesses at the show 12 simple questions designed to assess their business health and exposure to risk.  We will […]

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12 May 2017

With the number of people in London involved in the “gig economy” now sitting at 65,000 and the Government having commissioned a report into workers’ rights and practices, now is a good time to take another look at the issues. The phrase gig economy was coined at the height of the financial crisis in 2009, […]

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05 May 2017

The Court of Appeal has provided a useful reminder that there will be adverse costs consequences for the party to a dispute if they drag their heels on mediation.  It has long been accepted that parties in court proceedings must actively seek to resolve disputes using mediation or another form of Alternative Dispute Resolution (ADR).  […]

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03 May 2017

The Insolvency Rules 2016 came into force on 6 April 2017. It is hoped that their implementation save time and costs in the insolvency process, with the end goal of increasing returns to creditors. This note provides details of the key changes to the rules. Statutory forms no longer required The new rules remove the requirement […]

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28 April 2017

As increasing house prices in London make purchasing property even more unaffordable, first time buyers continue to find it difficult to climb onto the property ladder. Together with the high London prices they also have to pay the additional and usually considerable stamp duty land tax. Stamp duty is a tax paid by the buyer […]

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21 April 2017

As you may remember from our recent blog (10th March), the Ministry of Justice was planning to substantially increase the existing probate fees from May this year, in some cases by as much as 12,903%, causing many critics to describe them as a ‘death tax’.  The Government has, however, announced today that it will be […]

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20 April 2017

The Court of Appeal has provided a useful reminder that a solicitor must advise a client that there could be an alternative interpretation to a clause in a document that could lead to a dispute. Facts Mr Balogun (“the Claimant”) instructed Boyes Sutton & Perry (“the Defendant) a firm of solicitors, in relation to the […]

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13 April 2017

A case last year considered the balancing act sometimes required between the Tenant’s right to quiet enjoyment and the Landlord’s need to carry out work to the premises or adjoining property.  In the case the Landlord carried out the work but ended up having to pay compensation to the Tenant.  The case provides a useful […]

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07 April 2017

The Football Association is investigating Sunderland manager David Moyes following his remark when he appeared to indicate that a BBC female reporter may get a “slap” for asking questions in an interview that he was not comfortable in answering. Following criticism from a number of high-profile people and groups, including Labour’s shadow sports minister Rosena […]

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31 March 2017

The continuous onslaught by hackers to obtain information or assets that are held electronically, it seems, is never ending.  This current unwanted trend affects everyone (individuals and organisations) from spam email with the classic “click here” link to the targeted sophisticated cyber attacks. Most individuals and organisations are aware of the basic cyber security measures […]

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24 March 2017

It’s the judgment Charities, writers of Wills and beneficiaries have all been waiting for, the UK Supreme Court has ruled on the case of Ilott v The Blue Cross and others (also referred to as Illot v Mitson). The case began way back in 2007, with an adult child bringing a claim against her deceased […]

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23 March 2017

A recent Court of Appeal decision confirms a long established legal principle preventing a party to a legal action from having ‘two bites of the cherry’. The so called Turner principle was established in the case of Turner v Bank of Scotland PLC [2000] BIPR 683 and broadly states that unless there is a change […]

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17 March 2017

An announcement in last week’s budget proposed that the Competition and Markets Authority (CMA) are to be given additional powers to take concerted action against businesses that fail to comply with the Consumer Rights Act 2015 (CRA). As a consequence businesses need to ensure that (i) their current terms of business, and business practices generally, […]

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16 March 2017

Yesterday the Supreme Court unanimously allowed the charities’ appeal on the question of reasonable financial provision for an estranged adult child in the highly publicised case of Ilott v Mitson. The case concerned an estranged adult daughter, Mrs Ilott who was disinherited by her mother in favour of several charities. Mrs Ilott brought a claim […]

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13 March 2017

For those interested in the court’s interpretation of whether a signature is required to make an affidavit valid – the recent case below offers further clarification and incite. As you may know, an affidavit is a written statement or an oath made by an individual swearing that something is true. They are sometimes required under the Civil […]

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10 March 2017

There has been mass outrage caused by the Ministry of Justice’s recent announcement that the Probate Court fee will be increasing, from May by as much as 12,903%! This increase is being perceived by many as an additional tax on death. The fee is not inheritance tax deductible meaning that, for example, estates over £2m […]

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03 March 2017

Japanese Knotweed is a highly aggressive, invasive plant that can cause serious structural damage to properties. The Environment Agency describes it as “indisputably the UK’s most aggressive, destructive and invasive plant”. Although it can be treated, this is expensive (usually costing thousands of pounds) and eradication of the plant completely can take years. If you are […]

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02 March 2017

The Court of Appeal has provided a useful explanation concerning limitation periods for bringing a claim, when restoring a company to the register. Background In 2001, Mr Davy, took advice from Heather Moor & Edgecomb Limited (“the company”), a firm of independent financial advisors. Following the advice, Mr Davy transferred £610,398 out of the British […]

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27 February 2017

We are regularly asked to advise on whether a service charge dispute should be dealt with by a court or tribunal. Each case will need to be assessed on its own facts but broadly speaking, it is worth considering the following: 1. Speed a. County courts are increasingly struggling to deal with cases in a timely […]

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24 February 2017

Cross-option agreements can provide a solution The death or serious illness of a business owner who is also a manager can sometimes have serious implications for the business unless measures are put in place in advance. Usually on death a deceased shareholders’ family/beneficiaries will inherit his or her shares under their will, however this could […]

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17 February 2017

Boundary disputes are often hotly contested, stressful and costly.  Fortunes have been spent by neighbours in dispute over relatively modest amounts of land, sometimes over just a few feet of garden.  For neighbours who find themselves in a dispute over their boundaries at present the only solutions are, in the absence of a negotiated settlement, […]

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14 February 2017

In August 2016, The Football Association (“The FA”) regulatory commission handed down judgment in the first case heard before regarding The FA’s regulations on working with intermediaries (“intermediary regulations”). The intermediary regulations came into force on 1 April 2015 and superseded the FA Football Agents Regulations. The FA charged the intermediary, Mr Richard Des Voeux, […]

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10 February 2017

It has been reported that 2016 saw the highest number of first time buyers since the financial crisis in 2008. Over recent months we have seen a continued drive by the Government to create more affordable homes, by for example its promotion of shared equity schemes such as Help to Buy. This, together with lower […]

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03 February 2017

If you own commercial property or you are a tenant, 2017 could be a busy and possibly expensive year. You need to be aware of changes that are in store and, if you can start, start preparing for them now. (a)   Brexit and Article 50 are expected to be triggered by the Government at […]

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27 January 2017

Politicians will soon be tasked with deciding which EU laws and regulations that currently govern our lives will stay in place in the UK post-Brexit. One group that could be greatly impacted by the removal of certain EU-derived laws are salesmen or, specifically, commercial sales agents. In basic terms a commercial sales agent is a […]

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20 January 2017

In this, the final part of our look at employment law changes for 2017, we set out a further five priorities and things to be aware of for HR Department and Owner Managed Businesses. Salary sacrifice schemes Tax savings for employee benefits through salary sacrifice schemes will be significantly reduced from 6th April 2017. Changes […]

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