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 […]
Have you made a plan for what will happen to you if you were unable to make decisions about your health and welfare? You are not alone if you haven’t. A recent report commissioned by Solicitors for the Elderly and the independent think tank, Centre for Future Studies, found that 97% of people are leaving […]
Last week Oxfam received £41m under the Will of Richard Cousins (CEO at the catering giant Compass). What happened? In December 2017 Mr Cousins, his 2 sons, his fiancée and her daughter died in a plane crash. Under Mr Cousins’ Will, his 2 sons were the main named beneficiaries. However, Mr Cousins had made provision […]
In a recent case (Gray v Mulberry), an employee who was dismissed by the luxury handbag brand argued that she had been discriminated against on the basis of her philosophical belief. Rather unusually, that philosophical belief was the sanctity of copyright law and this was the reason she refused to sign a copyright agreement and […]
For parents, one of the biggest reasons for making or amending a Will is putting in place provisions for how your children are to be looked after following your death. However, despite the many advantages, many people still do nothing to cater for their children in this way. A parent who has parental responsibility for […]
NHS England has been heavily reprimanded in a recent report published by the House of Commons Public Accounts Committee. The scathing report described the NHS’s outsourcing of primary care support services to Capita Business Services Ltd as a ‘shambles’ and a ‘short-sighted rush to achieve savings’. In August 2015, NHS England outsourced its primary care […]
On Monday the Supreme Court ruled that an application to the Court may no longer be needed for an order to withdraw life-sustaining treatment for a person with a ‘prolonged disorder of consciousness’ (for example where the patient is in a post-vegetative state). What happened? Mr Y – who was apparently in good health and […]
Getting permission to position a telecommunications mast on a property was, until fairly recently, straightforward. Planning permission was rarely required as masts and other apparatus fell within what was called “permitted development”. In December 2017 a new Code became law. The Electronic Communications Code was designed to make it easier for network operators to install […]
Many of you will be aware of the phrase ‘contempt of court’ and know that it can have serious repercussions for the offender, including in some extreme cases a spell in prison. A recent case in the Oxford County Court has not only highlighted the personal perils but also serves as a warning that breaching […]
Mr JR Gee (JR), now in his eighties, owned considerable land and a farming business valued at £8 million. His son Mr JM Gee (JM) had worked on the farm since 1970. JR had a second son called Robert. In November 2014, JR transferred all of his property and land holdings to Robert, including his […]
Although, by virtue of S.5 of the County Courts Act 1983, all First-tier Tribunal (Property Chamber) (“FTT”) judges are deemed to be County Court Judges there are numerous occasions during which a claim may be transferred between the two jurisdictions. A good example of this is when you require a money judgment in a service […]
Nowadays, many people buying a property, especially first time buyers trying to get on the property ladder, rely on a gift of cash from a family member towards part or all of the deposit. If you are receiving a gift, you should make your solicitor aware as soon as possible to avoid any unnecessary delays […]
Assisted suicide is illegal in the UK. Under the Suicide Act 1961 (‘the 1961 Act’), encouraging or assisting a suicide or attempted suicide of another person is a crime and is punishable by up to 14 years imprisonment. By contrast, assisted suicide has been legal in Switzerland since 1942 and, so far, approximately 400 Britons […]
Hot on the heels of April’s announcement that new government funding is available for investment in the creative industries (please click here to see our previous blog), it is now the turn of the scientific research and innovation sector to benefit from the government’s ‘Industrial Strategy’. Last week, Greg Clark, the Business Secretary, announced a […]
Are you purchasing a flat or leasehold property with the intention to make alterations or do you already own a leasehold property and are considering a refurbishment? Whether the proposed alterations are structural or non-structural, major or minor, it is essential that you ensure what you plan is allowed before you start work. Your lease […]
It was estimated that during the last World Cup held in South Africa, British productivity suffered to the tune of £7.2 billion! The FIFA World Cup isn’t the only sporting spectacle this summer which attracts a crowd; Wimbledon and the Tour-de-France are both on the horizon. Often employers are unsure about how to respond to […]
It is a concerning reality that financial abuse of the elderly is happening on a large scale. It is often someone close to the elderly person who carries out the abuse and quite often the abuser is actually appointed by the elderly person as their attorney under a Lasting Power of Attorney (“LPA”). The Care […]