It is a sad fact, but a reality, that fraud pervades our society. Criminals are constantly looking for new scams and schemes. In recent years, property fraud has been on the increase and scammers are more sophisticated than ever before. It is a frightening statistic that data from Home Owners Alliance property found that, in […]
Although spring is officially with us, the recent stormy weather, or perhaps the Brexit overload, is leading many of us to reach for our mobile device and book a holiday to escape. As has been widely reported, the holiday market has changed rapidly in recent years. One catalyst for the change has been brought about […]
Ok, that’s not quite true. But bear with me. With some sort of Brexit (we are told) on the horizon, there have been questions raised – in some quarters – over the suitability of English law as the ‘default’ choice of law for commercial contracts in many different markets and business sectors. But whether you […]
Earlier this month “UK Finance” reported that 2018 saw a 12 year high in the number of first time buyers. Part of this rise will be as a result of the government’s ‘Help to Buy’ scheme and it is leasehold properties that most first time buyers will be purchasing. Typically flats are owned in this […]
Our contentious probate team achieved success for the Claimant by persuading the High Court to exclude the effect of the forfeiture rule in relation to assets she held jointly with her husband and her interest in his estate (of which she was the sole beneficiary). Mr Ninian made the agonising decision that he wanted to […]
If you are a party to a commercial dispute, a recent decision by the Court of Appeal could affect the documents that can be inspected by your opponent. As you may know, if you are a party to a dispute, you have a duty to the court to disclose all documents relating to that dispute, […]
At the time of signing your Will, the executors should have mental capacity, but what happens if one or all of your executors lose mental capacity either before or after your death? The answer is complicated and will depend on when mental capacity was lost, how many executors were appointed and whether in addition to […]
Equity release loans, or lifetime mortgages as they are often known, allow homeowners over 55 to borrow against the equity in their home during their lifetime, but with the mortgage payable on death. This can release cash, whether a lump sum, regular sums, or both, at a time when the homeowner needs it most. These […]
Part two: Changes in 2020 In this second part of our look ahead at employment law changes, we focus on changes in the pipeline for 2020 that businesses need to be considering and planning for this year. Changes to IR35 IR35 is tax legislation that was introduced in 2000 and is aimed at combating tax […]
Part One: Changes in 2019 Happy New Year to all our readers! Last year, GDPR and Brexit dominated the employment landscape. While Brexit will continue to dominate this year, there are a number of small but important changes about which HR and senior managers should be aware. There are also a number of significant changes […]
Although perhaps not the most active year in the property world, 2018 did provide announcements of future changes for this and coming years. House Prices House prices grew at the slowest rate in almost six years, with prices in London falling by 0.3% to the year ending September 2018. The uncertainty caused by the ongoing […]
It is generally known that newly-weds need to update their Wills, as any existing Will (unless made in ‘contemplation of marriage’) is automatically revoked upon marriage, and is no longer valid. However, what is the situation if you divorce or separate? Divorce The position can be complicated. If the marriage has ended by a Court […]
A review of our blogs for 2018 reveals that despite the focus on Brexit (more on that later) the year has been a busy one, legally speaking. Below is a reminder of some of the topics we have covered. In the employment world the Harvey Weinstein scandal highlighted the importance of sexual discrimination laws, but […]
Every year many flat owners face an unwanted Christmas present in the form of a service charge demand. For tenants who adhere to the “usual quarter dates”, a service charge will be due on the 25th December. It’s not surprising therefore that this time of the year will typically see an increase in service charge […]
With the Christmas holidays and New Year soon upon us, it isn’t unusual for some of us to start thinking of using the time off to refresh and decorate our homes or even make New Year’s resolutions to carry out more comprehensive home improvements in 2019. If you own the freehold of your house then, […]
‘Tiz the season to be jolly fa la la la la…. we are fast approaching that festive time of year again when we all tend to over indulge a little too much (and I for one am looking forward to a bit of that). A part of this over indulgence takes the form of the […]
Perhaps masked by the Brexit ‘excitement’, the recent announcement by the Government to re-introduce what has been previously dubbed a “death tax” appears to have gone largely unnoticed. As previously reported last year’s attempted introduction of the new probate fees, payable when the application for a Grant is made, was cancelled following a public uproar. […]
The property market is slowing down, with the number of properties on the market at a record low. This is partly due to the uncertainties over Brexit and other economic conditions causing people to hesitate. The length of time it takes to buy and sell properties is also increasing. In response, the Government is considering […]
Employment law is designed to protect employees from harassment at work, particularly where there has been discrimination based on protected characteristics such as race or disability. In a recent case (Evans v Xactly Corporation Limited), the Employment Appeal Tribunal found that comments made to a salesman, Mr David Evans, by his boss and colleagues at […]
This week Marks and Spencer announced plans to close 100 stores by 2020 and became the latest in a long line of high street giants to announce store closures. What then can smaller businesses do to remain on the high street? Help is at hand In last week’s Budget, the Government promised to support UK […]
If you are a landlord in England, you need to be aware of recent changes to the law brought about by the Deregulation Act 2015 (the Act). The Act makes changes to the following areas: Section 21 Notice Tenancy Deposit Protection Energy Performance Certificate (EPC) / Gas safety certificate Prescribed Information Retaliatory Eviction Section 21 […]
With Brexit negotiations adding to the uncertainty of our ever changing world, where the political, social and economic climate seems to be in a constant state of flux, businesses would be wise to know their contractual rights if an event beyond their control affects the performance of their contracts. “Force Majeure” clauses are commonly found […]
Our contentious probate team recently achieved success for our clients by persuading the High Court to throw out claims brought by a deceased’s third wife and her son against the deceased’s estate. The facts of the case were unusual and the legal issues raised numerous and technical. The important lessons to be learned from the […]
Tenants have many legal rights including the right to buy the freehold or extend the length of the lease. As a landlord, you need to be aware that a legal notice may drop on your doormat any day and, if you ignore it, you do so at your peril. Extension of the Lease Under the […]
With ‘First Time Buyer Relief’ and ‘Help to Buy’ assisting buyers to get on to the property ladder, as a firm, we have seen an increase in the number of leasehold/flat purchases. Often clients are surprised when we tell them that when purchasing a leasehold property, one of the costs they should factor into their […]
Directors of companies which “phoenix” to avoid paying workers and other debts could face hefty fines and disqualification under new Government plans. The proposed reforms are aimed at tackling those companies who are guilty of “phoenixing”, namely deliberately winding the company up to avoid debts, only to set up a near identical business under a […]
Today is World Alzheimer’s Day (21st September 2018). It is an international campaign that aims to raise awareness and challenge the common stigma that surrounds Alzheimer’s related dementia. Understandably, many people prefer not to think about the possibility of losing their mental capacity. However, statistics show that more and more people are developing the condition […]
We have previously highlighted the provision of new government funding for the creative industries and also scientific research and innovation. These measures are part of a government strategy to create an economy in which small businesses can flourish. To that end, the government has also now turned its attention to the issue of invoice finance for […]
Parties in contentious probate proceedings often mistakenly believe that the costs incurred will be payable out of the deceased’s estate; however, this is not always the case. In fact, just as with other types of litigation, in most cases probate claims will follow the usual rule that the loser pays the winner’s costs. There are […]
