‘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 […]
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 […]
