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The New HMRC Trusts Register

Rachael Crocker
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A new raft of anti-money laundering rules has important implications for all trusts, and trustees need to be aware of their new obligations. A new Trusts Register Individuals and trusts are subject to stringent anti-money laundering laws. The EU’s...

Employment tribunal and EAT fees declared unlawful

Laura Hill
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Earlier this month, the Supreme Court declared that fees charged in the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) are unlawful. Historically, claimants wishing to make a claim to the Employment Tribunal would have to pay an issue fee...

Planning obligations and appeals

Charlotte Lockwood
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A recent appeal decision serves as a salutary reminder that planning obligations submitted in support of development proposals need to be legally binding to ensure that they can be relied on in securing permission.  In this case, the lesson proved...

Avoid delays in registering your Lasting Power of Attorney - get the wording right

Gemma Hopper
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We have all experienced a delay in registering a Lasting Power of Attorney (LPA) with the Office of the Public Guardian (OPG) which, in most cases, is purely down to the department trying to cope with the steady increase in applications; they no longer seem...

The risks of being a sole shareholder/director

Hope Clegg
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The risks of being a sole shareholder/director: Court provides a timely reminder of the need to review your company’s Articles of Association Are you a sole shareholder/director of your company? Do you have children, other family members or trusted...

Confirmation of the Nottingham HS2 Phase 2b Route

Charlotte Lockwood
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On 17 July 2017 the Secretary of State for Transport announced his decision on the safeguarded route for HS2 Phase 2b, from Crewe to Manchester and from the West Midlands to Leeds. This follows on from a consultation carried out on a number of route...

Continuation of the Court of Protection Transparency Pilot

Gemma Hopper
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Continuation of the Court of Protection Transparency Pilot helps families to understand the decisions being made on behalf of vulnerable persons As a solicitor specialising in the Court of Protection, I have spent a large part of my time in Court...

The future of wills

Elizabeth Young
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Roythornes is keenly watching developments in the sphere of wills and the results of the Law Commission’s recently launched consultation on their future. We have to agree that such an essential part of all of our lives, or more to the point, deaths is...

Tough luck for tough mudders?

Robert Dempsey
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Recently, mud runs, such as the fashionable ‘ Tough Mudder ’ event, are becoming increasingly popular around the UK with thousands of people signing up each year, meaning it’s even more imperative to ensure that both organisers and...

Mayor's Transport Strategy 2017

Cristina Parla
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On 21 June 2017 the Mayor of London, Sadiq Khan, published a draft of the Mayor’s Transport Strategy.  Essentially, his strategy focuses on the problems and difficulties Londoners face with congestion, emissions, noise pollution, personal safety...

Your inheritance questions answered

Neil Irvine
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If you have received an inheritance within the last two years it’s important to understand the tax implications your inheritance presents. What is a Deed of Variation? A Deed of Variation is a versatile legal document which enables beneficiaries to...

The bank of mum and dad - the future of property finance?

Sarah Banner
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This week, the Resolution Foundation published its report entitled “The generation of wealth: asset accumulation across and within cohorts” which looks at wealth, trends in wealth distribution and how that translates through generations and what...

Make digital work for your charity

Julia Seary
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We find that trustees are becoming more interested in how digital can create opportunities and add value to their charity - whether in terms of income generation, service enhancement or brand awareness.  In the ever-evolving digital world where...

Social Media and Family Proceedings

John Boon
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The recent judgment of Mr Justice Holman in the case of Re: T (a Child) [2017] EWFC 19 highlighted the possible benefits of social media within family proceedings.  In this particular case, Facebook was used in order to ascertain the whereabouts of a...

Indirect discrimination Supreme Court decision

Laura Hill
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The law in relation to indirect discrimination has come under review recently in the Supreme Court decisions of Essop and Others v. Home Office (UK Border Agency) and Naeem v. Secretary of State for Justice [2017] UKSC 27 . Indirect discrimination...

Agriculture remains one of the most dangerous sectors

Tamsyn Stuart
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Every employee has the right to work in a safe and healthy environment. All employers have a duty of care to ensure that their workplace is safe and employees are provided with the necessary equipment to carry out their duties safely. The HSE (Health and...

SPAR product recall

Victoria Walley
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On 15 May the Food Standards Agency issued a product recall of SPAR Chicken Tikka Chunks as it may have contained small pieces of glass. Product recall is a system of damage control for businesses when a fault with a product is identified. The recall...

KitKat decision highlights the need to protect assets early

Lizzie Walters
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In the latest court battle between Nestlé and Cadbury, the Court of Appeal has refused to allow Nestlé to trade mark the shape of its four-fingered KitKat bar. Last year Mr Justice Arnold, sitting in the High Court, ruled in favour of...

Trustees should be aware of the risks of ransomware attacks

Julia Seary
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The Charity Commission has reminded Charities of the need to follow the protection advice issued by the City of London Police and National Cyber Security Centre. The key protection messages for all charities are as follows: •Install system updates on...

What does the Prisons and Courts Bill mean for motorists?

Cristina Parla
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The government published the Prisons and Court Bill on 27 February 2017 which included provisions to introduce: fixed tariff compensation on road traffic accidents (whiplash and minor psychological injuries); a ban on pre-medical offers (road traffic...

The unseen work of charities and their trustees

Sarah Banner
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As a charity lawyer I never cease to be amazed by the number of charities operating in and around Lincolnshire. Just before Christmas my firm had the opportunity to talk to trustees and volunteers of a number of those charities. We talked about the new legal...

Charities are reminded of the pitfalls in selling charity land

Julia Seary
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The Charity Commission has publicly reported its concerns in relation to the sale of charity property and concluded that the trustees of the Spiritualist Association of Great Britain were responsible for serious mismanagement in the way they disposed of...

Charities fined for Data Protection Act failings

Julia Seary
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The Information Commissioner’s Office confirmed last week that it has fined eleven charities which have been found to have acted in breach of the Data Protection Act by misusing donors’ personal data. The charities were investigated by the ICO...

Probate fees - a planning conundrum!

Fiona Yorath
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There has been a good deal of animated coverage in the press in recent weeks over the proposed probate fees increase.  The fee payable to the Probate Registry on application for the Grant to administer the deceased’s estate is currently set at...

Changes to the Annual Tax on Enveloped Dwellings

Ben Taylor
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Back in July 2016, I wrote about ATED and Mixed Partnerships , highlighting that the threshold on the charge to tax reduced from 1 April 2016. As a reminder, the Annual Tax on Enveloped Dwellings targets interests in high-value residential property held by...

Lasting Powers of Attorney reduction in registration fees

Ben Taylor
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From 1 April 2017, the fee for registration of Lasting Powers of Attorney (LPA) and Enduring Powers of Attorney (EPA) was reduced from £110 to £82. Before an LPA can be used by the attorneys, it needs to be registered with the...

The top six things we learnt as MIPIM newcomers

Shruti Trivedi
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With the most influential property leaders from more than 100 countries all coming together to talk business, a trip to Cannes for four days in March was definitely worth the resulting exhaustion! As part of the Property and Planning teams at...

Report released today shows state of our roads

Robert Dempsey
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"It is 20 times more expensive to carry out reactive maintenance than planned, preventative maintenance.” (ALARM 2017) The Asphalt Industry Alliance has produced its Annual Local Authority Road Maintenance survey (ALARM). This provides a detailed...

The Commission uses its powers under the Charities Act 2011 to permanently disqualify an individual from holding a trustee position

Julia Seary
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Today the Commission’s Investigations and Enforcement department published its decision to permanently remove a trustee from being involved with any charity following a breach of the trustee’s duties to protect charity assets by using the charity...

Changes to debt recovery procedures due October 2017

Leigh White
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Pre-Action Protocol for Debt Claims to come into effect on the 1st October 2017 The Protocol will apply to any business (including a sole trader or public body) claiming payment from an individual (including sole traders) and describes the conduct the court...

Misconduct and mismanagement in the administration of an Ipswich Charity

Julia Seary
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The Commission has issued a press release this morning highlighting trustee misconduct and mismanagement in the administration of an Ipswich Charity – ‘The Kurdish Islamic Cultural Centre’. It was found that the trustees made unauthorised...

Nestlé plan 10% sugar removal by 2018

Victoria Walley
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Nestlé have announced their next materiality goal in nutrition, building upon previous targets of reducing sugar in their children’s cereals and their unhealthiest products. The food giant has given itself the target of reducing the sugar...

“Too many trustees are not familiar with their charity's governing document”

Julia Seary
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Paula Sussex, Chief Executive of Charity Commission has expressed concern that too many trustees are not familiar with their charity’s governing document, are failing to ensure proper control and procedures are in place and work, and don’t ask...

Do your charity managers meet the ‘fit and proper persons test’?

Sarah Banner
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It can be tricky, especially for smaller charities, to keep on top of the necessary administrative measures and legal requirements needed to remain within the regulations which govern charities and the way they operate.  The regulations are however...

The survivor's pension and your employees

Phil Cookson
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The Supreme Court has given judgement in favour of an unmarried cohabitant in a dispute with a public sector employer regarding a ‘survivor’s pension’. The case dealt with the question of whether or not an employee’s unmarried partner...

Make the National Minimum Wage work for you

Phil Cookson
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Meeting the National Minimum Wage ought to be a priority for employers big and small across the UK - it is essential for providing individuals with enough money to get by in an economy with an ambiguous future. Despite this, it’s been widely reported...

Getting ready to shine at global property event

Shruti Trivedi
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Jo  and I are looking forward to travelling to Cannes next month – not for a holiday, but to attend an international property event along with thousands of experts from across the globe. We’re going to be joining some of the world’s...

An alternative to trusts?

Robert Webb
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When it comes to tax planning there can often be a temptation to keep up with the Jones’ and enter into the latest new tax planning schemes.  In some cases this may be a sensible move, but in others there is a distinct possibility that you may...

Government announces changes to calculations of personal injury compensation

Robert Dempsey
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On the 27th February the Government announced an amendment as to how lump sum payments to Personal Injury Claimants are calculated. In personal injury claims, where the Claimant’s injuries are long term, permanent or a person has died, they or...

No-fault divorce, the debate continues

Joel Tweddell
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My colleague, John Boon, in his recent blog sought to address the common misconception that it is possible for a married couple or civil partners to divorce or dissolve their civil partnership on the grounds of “irreconcilable differences” i.e....

Ikea issues global recall of Mysingsö Deckchair

Victoria Walley
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On 25 th  January Swedish furniture store Ikea issued a global recall of their ‘Mysingsö’ deckchair after five reports of hand and finger injuries. Ikea released a statement clarifying that “after washing the fabric seat it is...

No-fault divorce - does it exist?

John Boon
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It remains a common misconception that it is possible for a married couple or civil partners within the jurisdiction of England and Wales to divorce or dissolve their civil partnership on the grounds of “irreconcilable differences”, as they can...

Iceland v Iceland: the importance of legally protecting your brand assets

Lizzie Walters
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The cold war over the usage rights of the name Iceland highlights the legal problems that can arise without effective brand name protection. When Malcolm Walker opened his first Iceland store in Oswestry, Shropshire in 1969, no one knew that he...

Uber decision: the end of the gig economy?

Phil Cookson
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The Employment Tribunal’s decision in proceedings against Uber, released last week, has provided a potential hurdle to businesses seeking to utilise a network of self-employed individual contractors to provide services to customers, or...

Food price inflation - who will bear the brunt?

Peter Seary
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Since the Brexit vote, much has been made of the benefits for British exporters of a weaker pound, however, relatively little has been heard of the prospect of higher food prices - until the news of the recent impasse between Tesco and Unilever. Unilever...

Electric car charging points in every new home?

Iain Hibbert
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Under new EU proposals, potentially every new or refurbished house in Europe must be equipped with an electric vehicle charging point from 2019. This draft EU directive follows the recent proposals by Norway, Holland and Germany that by 2025 (2030 for...

Ministry of Justice 'set aside' whiplash reforms

Victoria Stevenson
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Yesterday, The Times newspaper reported that whiplash reforms, proposed in the Autumn Statement last year, have been set aside. While insurers are frustrated by the decision, campaigners have welcomed the news. What are the reforms? The Government wish...

Countryside Stewardship and Brexit - Treasury announcement

Julie Robinson
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The Treasury announcement of 3 October is, on the face of it, good news for farmers, land managers and woodland owners. The Government will guarantee funding for agri-environment agreements entered into before we leave the EU but which continue after that...

Method of Production labelling fraught with challenges

Tim Russ
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Calls for a mandatory ‘method of production’ label on meat and dairy products could be fraught with challenges and the recent proposals from the British Veterinary Association (BVA) could be impossible to police. The BVA has suggested that...

To RNRB or not to RNRB, that is the question.

Ben Taylor
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Back in August, Elizabeth Young wrote about the introduction of the new Residence Nil Rate Band (available here ) and noted some of the limitations, particularly for those who don’t have children and where the estate is worth more than £2m. ...