Blogs

21 February 2020

The  recent case of Vedanta Resources PLC and another (Appellants) v Lungowe and others (Respondents) [2019] UKSC 20 involved an action by a group of Zambian citizens against both a parent company and its foreign subsidiary; it was decided for the first time that a parent company can owe a duty of care to the […]

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14 February 2020

A recent case considered this thorny issue in the context of commercial rent deposits. The order of priority for distribution of a company’s assets on liquidation or administration is as follows: Fixed charge creditors; Expenses of the insolvency proceedings; Preferential creditors; Floating charge creditors; Unsecured provable debts; Statutory interest; Non-provable liabilities; and Shareholders. The higher […]

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07 February 2020

As the team here at Bolt Burdon prepare for MIPIM 2020, titled “2020 – the future is human”, I have taken time to reflect upon an exciting ‘space age’ development coming to the housing market in 2020. MIPIM is a major global real estate event that is hosted next month over the course of a […]

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31 January 2020

Personal liability for life threatening illnesses, fines and a hefty bill for remedial works are the potential risks if you purchase a property built on contaminated land. Because of the ancient rule of “buyer beware”, when buying a property, the onus is on the buyer to raise relevant enquiries with the seller. The seller is […]

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30 January 2020

From 6 February 2020 the law changes so that when someone dies without a Will (Intestate) and has children, the amount which will pass outright to the spouse or civil partner (or legal partner) will increase to £270k from £250k. What will your legal partner now inherit if you were to die Intestate? A reason […]

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17 January 2020

Bang! Straight after the New Year fireworks, an Employment Tribunal held that ethical veganism is a philosophical belief under the Equality Act 2010.  By New Year’s Eve this year we should have finished the Brexit transition period, reached a comprehensive trade agreement with the EU and all moved on. Hmm … let’s see. What is […]

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10 January 2020

In April 2019 the Government announced a proposal to scrap Section 21 Notices, which if implemented would represent a potential large scale change in the private rental sector. The reason behind the proposal is to provide greater protection for residential tenants and longer term stability.  The current procedure allows landlords to recover their properties without […]

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03 January 2020

As we start a new year and decade, it is a pertinent time to reflect on the year gone by and the one ahead.  It is a common time to make resolutions, many of which relate to giving up bad habits.  But how about making some positive resolutions instead – to protect yourself, improve your […]

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27 December 2019

If you continue to hold off selling a rental property which you have previously lived in due to concerns about uncertainty on Brexit, you may want to think again and put the property on the market as soon as you can in the new year. If you don’t sell soon, proposed changes to the law […]

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20 December 2019

Executor stole from dead woman’s estate to buy house A very recent financial abuse case concerning the defrauding of a charity by the executor of a Will,  who incidentally was also a solicitor, brings sharp focus on how easily cases of financial abuse can go under the radar and serves as a warning to beneficiaries […]

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13 December 2019

As many people and businesses break for the festive period and, dare we say it, from today’s election result and the political fallout, we have taken a look back at the most common commercial issues and problems which led to litigation for our clients in 2019. With this in mind, and personal New Year’s resolutions […]

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06 December 2019

As the year draws to a close, now is a good time to review the commercial real estate market and attempt to predict future trends. Brexit of course continues to influence the market but what impact might a Brexit deal have on the market moving forward? Has the balance of power shifted from landlords to […]

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29 November 2019

As we approach December, effluent, sewage and drainage are not generally at the forefront of our increasingly ‘festive’ minds.  However, there are important new rules which will come into force on the 1st January 2020, and so now is the time to find out whether the rule changes will affect you and, if so, what […]

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22 November 2019

It is well known that to be able to enter into legal arrangements, including to make a Will or a Lasting Power of Attorney, a certain amount of mental capacity is first required – but what about getting married? A recent case considered this and the Court’s decision reinforced the point on which we advise […]

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19 November 2019

Most leaseholders are aware of Section 20 of the Landlord and Tenant Act 1985 (“the Act”) which requires a landlord of a block of flats to consult with its leaseholders prior to either: a) entering into any Qualifying Long Term Agreements (“QLTA”); or, b) carrying out any “major works”. A QLTA is a contract between […]

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15 November 2019

We are often asked about how and when company directors can incur personal liability in relation to the business they manage. It is generally understood that one of the main reasons for running a business through a limited company is the ‘limited liability’ this provides.  Broadly speaking, this means a company’s obligations are the responsibility […]

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08 November 2019

‘Frustration’ does not only mean feeling annoyed as a result of not being able to change something. It is also an English legal doctrine, which provides that a contract may be discharged in certain circumstances. The contract may be said to be ‘frustrated’ when: something occurs to make it physically or commercially impossible to fulfill […]

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01 November 2019

This week, Bolt Burdon opened its doors to leading professionals within the industry to share their insight and knowledge on how to maximise the potential of rooftop development opportunities. Potentially worth over £50 billion and with suggestions that it may be a solution to London’s housing crisis, it is no surprise that this topic attracts […]

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25 October 2019

From 6 April next year, the tax rules applicable to independent contractors who provide their services through intermediaries (usually their own personal service company) are changing.  The changes affect both hirers and independent contractors.  Are you ready? IR35 IR35 is a piece of tax legislation introduced in April 2000 designed to combat tax avoidance by […]

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18 October 2019

The government has confirmed this week that the proposed hikes in probate fees, which were due to come in to force in April 2019 but were delayed as a result of Brexit, have been scrapped. As reported in our previous article on the subject, the proposed increase would have seen some estates having to pay […]

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11 October 2019

.As any business utilising goods vehicles will know, you will have to handle a number of overlapping regulatory regimes; these will probably at least include maintenance, insurance, Operator Licencing and legalities for drivers. Traditionally, drivers have enjoyed full employment status, dealing with an employee’s income tax, National Insurance contributions, holiday pay, sick pay and pension […]

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11 October 2019

Property owners are always experimenting with ways to make use of new space in their homes. One increasingly popular way of creating useful space is the development of underground basements, including under pavement cellars. These underground basements that extend under the highway are very common in Victorian homes in central London and were historically used […]

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04 October 2019

A claim was made to the English Courts asking them to enforce an adjudication decision, seeking over £600,000 plus interest and the adjudicator’s costs. The Defendant asked for a stay (delay) of the proceedings, on the basis of a challenge to the jurisdiction of the English Courts. Although the parties had entered into a standard […]

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27 September 2019

What is a Lasting Power of Attorney (‘LPA’)  An LPA is an important legal document that enables an individual (the ‘Donor’) to appoint someone (an ‘Attorney’) to act on their behalf in relation to their property and financial affairs (‘P&FA’) and/or health and welfare (‘H&W’) matters, if they are unable to deal with such matters themselves […]

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26 September 2019

The phrase “If something seems too good to be true, that something probably is too good to be true” is rarely incorrect and applies to a variety of situations from a bargain in the shops that later doesn’t work, to the perfect guy who eventually disappears, all the way to reducing your inheritance tax bill. I recently received […]

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20 September 2019

If you have received one of these notices, want to know what to do if you do, or you are a tenant wanting to know how you might be able to buy your freehold, then please read on .. Tenants have a statutory right to purchase the freehold, or collectively enfranchise as it is known, […]

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16 September 2019

Do you have a long lease, i.e. a lease with a term of over 21 years?  If so, you are a long leaseholder. If you are a long leaseholder, would you like the opportunity to manage your block with your fellow leaseholders? Under Section 71 of the Commonhold Leasehold and Reform Act 2002 (‘the Act’) […]

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13 September 2019

The buzz around rooftop and airspace development has peaked once again and this appears to be a hot topic wherever you go.  Airspace and rooftop development has attracted significant interest over recent years and has been considered as a potential solution, in particular, to London’s housing crisis. From our own experience of acting for developers, […]

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09 September 2019

If so, this will be because your landlord is looking to dispose with some or all of their freehold property.  They may, for instance, be selling the entire freehold, granting a head lease, or selling / gifting away some or all of the common areas. What is a Section 5 Notice?  When a landlord has […]

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06 September 2019

In certain circumstances, leaseholders in a block of flats are legally entitled to get together and buy the freehold of the block from their landlord. Often, the leaseholders will do this by setting up a company which will become their new landlord but with themselves as members/shareholders of the company.  This ensures they have control […]

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