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Top Tips for entering into a Commercial Lease

Navroop Kaur
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Have you found your perfect new location for your new business? Are you looking to relocate your business into a new space whether its retail, for office use or for something different? Whether you choose to liaise with an agent or with the landlord...

Green Hydrogen and its role in future energy production

Helen Hendry
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Hydrogen is considered to be part of the future energy mix. However, there needs to be more clarity on the different types of hydrogen, whether that be green, low or ultra-low carbon hydrogen.  What is Green Hydrogen? Green Hydrogen is made from...

What happens if there is no will and more than one person is equally entitled to a grant?

Leah Merrifield
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When somebody dies without leaving a will they are said to have died ‘intestate’. Rule 22 of the Non-Contentious Probate Rules 1987 sets out an order of priority as to who will be entitled to obtain a grant of Letters of Administration, and to...

Remote hearings in the Family Court

John Boon
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The prospect of physically attending Court and appearing before a Judge or Lay Magistrates for parties involved in Family Court proceedings, whether that be for dealing with children disputes or financial proceedings, can be extremely daunting, particularly...

What types of evidence can be used on testamentary capacity?

Leah Merrifield
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In order to make a valid will a person must have “testamentary capacity”. The test for testamentary capacity is explained in our earlier blog “ what is testamentary capacity? ”. With an aging population, and an increase in...

Dangers of selling Farm Saved Seed

Julie Robinson
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The Seed Regulations 2011 make it clear that in respect of Farm Saved Seed (FSS), only the farmer who grew this seed can use it and it must not be marketed or supplied to any other person (Schedule 4, Part 1 (3)).  We are aware that the winter...

Martha's Rule

Amy Jones
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Martha Mills sadly died in 2021 after developing sepsis in hospital. Her family had raised concerns about her deteriorating condition, but these concerns were not responded to promptly. At the inquest hearing in 2023, the coroner ruled that Martha’s...

Child Maintenance Service to be given more powers to crack down on parents who refuse to pay

Ellen Nicholas
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The Child Maintenance Service (CMS) replaced the already existing Child Support Act 1991 in 2012. CMS calculates how much child maintenance a parent is entitled to when the one parent does not live with the child if it cannot be agreed between the parents,...

New BNG legislation

Louise Clifton
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The long-awaited Biodiversity Net Gain (BNG) legislation came into force today. BNG is now mandatory on all planning applications save for small sites and those that are exempt and will be mandatory for small sites from the 2nd of April 2024. What is BNG ...

Parental Alienation - what you need to know

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CAFCASS, the ‘Children and Family Court Advisory and Support Service’ defines the term parental alienation as ‘The unjustified resistance or hostility from a child towards one parent as a result of psychological manipulation by the other...

Flexible working requests update

George Miller
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A recent story caught the headlines because the Employment Tribunal upheld the decision of the Financial Conduct Authority that an employee should not be allowed to work entirely from home. The employee had been working from home since the beginning of...

What is PTSD?

Amy Jones
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Following continuous reports about Amanda Abbington’s diagnosis of PTSD after her time on Strictly Come Dancing, this blog explores the condition of PTSD, how it can be caused, possible treatments, and making a claim for PTSD. Post-traumatic stress...

What are the benefits of mediation?

Hayley McCormack
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Mediation is a fantastic tool that serves as a shining example of conflict resolution, fostering understanding and collaboration in a world often marked by disputes. As we gear up for National Mediation Week 2024, supported by the Family Mediation Council...

Employers, would you benefit from a free employment contract review?

Shola Khan
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Employers, we are still regularly coming across contracts of employment that are not compliant with the changes to employment legislation that were introduced in April 2020. If a case ends up in the employment tribunal and you have issued non-compliant...

Penalty Notices for Animal Welfare Offences from 1 January 2024 - what do you need to know?

Rebecca Ironmonger
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From 1 January 2024, local authorities, the Food Standards Agency and other competent authorities will be able to serve Fixed Penalty Notices on individuals and businesses who contravene animal welfare law. This is a new type of enforcement available to the...

A welcome farewell to video witnessing of Wills?

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During the pandemic, as a way to allow Wills to be witnessed properly, despite the social distancing restrictions, the law was temporarily changed to allow witnessing to Wills to be completed via a video-link. This came into force in September 2020, and was...

A guide to calculating holiday entitlement & pay

Shola Khan
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With the new changes to the Working Time Regulations (introduced on 1 January 2024), we thought now would be a good time to recap on the basics of calculating holiday entitlement and pay. The changes are supposed to have made details of holiday entitlement...

The end of an era: where now for Producer Organisations?

Julie Robinson
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Roythornes have advised more than 15 producer organisations (POs) since the Fruit & Vegetables Aid Scheme was established in 1996. We have always kept a close eye on legal and policy developments affecting the fruit and vegetable sector, not least over...

The end of an era: where now for Producer Organisations?

Julie Robinson
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Roythornes have advised more than 15 producer organisations (POs) since the Fruit & Vegetables Aid Scheme was established in 1996. We have always kept a close eye on legal and policy developments affecting the fruit and vegetable sector, not least over...

Could Landowners solve the harsh reality of flooding claims?

Sarah Whitehurst
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There are few guarantees in life but receiving phone calls for flooding advice whenever it rains is one of them. Over the past few months, we’ve received more calls than ever, demonstrating an uncertainty surrounding what victims of flooding may be...

Reporting an incident to the Charity Commission

Craig Staten-Spencer
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Whilst the Charity Commission empowers charities to manage their own affairs, it is a fact of life that sometimes mistakes will happen. When an incident occurs, the charity must decide whether it is something they need to report to the Charity...

Financial claims and divorce

Nick Ingrey
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The financial claims arising from the breakdown of a marriage are determined by the judges of the Family Court. The only reliable guide to the conduct of this discretionary exercise is contained within the legal structure imposed by Sections 25 and 25A of...

My children haven't been provided for in my ex's estate - now what?

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With divorce and remarriage becoming increasingly common, families have started blending together, to become a meld of parents and their new spouses, and children living part time with each parent. It is therefore important to remember that it is never too...

International arrangements for children: Who should have the passport?

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A very common question asked by many separating parents - who holds the children’s passports? This question is especially relevant if there is a shared care arrangement in place so that children split their time equally between two households, either...

No-fault Divorce

John Boon
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It is now coming up to 2 years since the Divorce, Dissolution and Separation Act of 2020 (better known as a No-Fault divorce) came into force.   What has been the impact of no-Fault Divorce? No-Fault divorce came into effect from 6 th April...

Concussion in sport

Amy Jones
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Recent press coverage over a proposed group action by nearly 300 rugby players in relation to concussion injuries has raised the issue of this type of injury and how it occurs. Below is a quick summary from our Personal Injury team of concussion, how it...

Eco-labelling and 'green' claims on food products - what is the current position and are there changes on the horizon?

Rebecca Ironmonger
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There has been a rapid increase in the application and use of eco-labels and claims by businesses that they or their products are environmentally friendly. This has occurred because the environment is becoming increasingly important to the general public,...

Navigating Co-Parenting During the Holidays: Agreeing on Christmas Arrangements for Children

Hayley McCormack
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Co-parenting during the holiday season, particularly Christmas, can be a delicate situation for separated parents. Balancing traditions, expectations, and the desire to create meaningful experiences for children requires open communication and cooperation....

Back-to-back contract chains

Derryn Rolfe
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We often advise main contractors on their sub-contracts, either their standard Ts&Cs or agreements for specific projects, and one of the perennial problems is cascading liabilities down the chain. The industry has had a problem for decades with...

New duties on employers to prevent sexual harassment at work

George Miller
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A new law has recently been passed that will place a legal duty on employers to take “reasonable steps” to prevent sexual harassment at work. The duty will come into force in October 2024, giving employers time to review what they are already...

An overview of Sharia law

Layla Babadi
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Sharia law is the system of religious laws within Islam and is derived from the Qur’an. It deals with all aspects of a Muslim’s life, ranging from family and financial matters to personal hygiene and clothing. It is increasingly used in parallel...

The New Fixed Recoverable Costs Scheme - How will this affect you, our Debt Recovery clients?

Catherine Rickett
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For most claims issued at Court after 1 October 2023, a new fixed recoverable costs regime will apply. The regime will apply to most debt recovery claims with a value of £10,000 up to £100,000. Where claims are valued at £10,000 or less...

Fixed Recoverable Costs and Property Litigation

Nigel Maguire
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On 1 st October 2023 changes to rules on costs came into force that extend the application of fixed recoverable costs into civil litigation.  These changes will not affect all areas of civil litigation practice- this article focuses on  the effect...

Government's response is released in relation to consultations on retained EU Employment Law

Laura Hill
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The Government has confirmed how they intend to deal with various retained EU employment law issues, including: There will be an introduction of “rolled-up” holiday pay, which enables workers who work irregular hours or part time hours to...

Cohabitation Law reform on the horizon?

Caroline  Elliott
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It is a common myth that couples who live together, known as “cohabitees,” are protected under ‘common law marriage’ but this is not the case. There are approximately 3.6 million cohabitating couples in the UK and such family types...

So you want to be a Trustee?

Craig Staten-Spencer
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Many people like the idea of being a charity trustee, and indeed there are many vacancies for trustees across the UK.  But what is a trustee, what are their responsibilities, and how do you start the process of becoming one?   What is a charity...

Are you calculating holiday pay correctly?

Shola Khan
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There has recently been an important case ( Chief Constable of the Police Service of Northern Ireland v Agnew ) in relation to holiday pay in the Supreme Court.  The case is outlined below but shows that a gap of 3 months between underpayments does not...

Managing Conflicts of Interest in Charities

Craig Staten-Spencer
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The Charity Commission, the independent regulator of charities in England and Wales has recently published its report following its statutory inquiry into the Birmingham Education Trust (the Trust). The inquiry looked into a series of concerns at the Trust...

Predatory Marriage update

Jak Ward
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The Law Commission published an update on its “Wills Project” a couple of weeks ago, building on its initial consultation piece back in 2017. The original consultation made a passing reference to predatory marriage. The supplementary paper has...

What should I do if a Will is challenged?

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It is becoming increasingly common for people, usually disgruntled beneficiaries who are not inheriting as much as they had hoped, to challenge the validity of a Will. If you have been appointed as an Executor of an Estate where a Will is being challenged,...

Divorce myths - uncovered

Layla Babadi
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There are many myths around divorce, but how many of them are true – we’ve taken some of the most common ones below and explained the real situation. Assets are always split 50/50 on divorce. Whilst the starting point in English matrimonial...

Banker is fairly dismissed for trying to claim for partner's sandwich

Laura Hill
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Citibank has successfully defended an unfair dismissal claim by an employee who was dismissed for claiming expenses for sandwiches and coffee for his partner. The Claimant brought his unfair dismissal claim against the bank after he was dismissed for gross...

Electronic Wills update

Ranulf Gull
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On 5 October 2023, the Law Commission published an update on its wills project in the form of a supplementary consultation to its initial consultation (which was published as far back as 2017), this time with a particular focus on electronic wills. Given...

Renters Reform Bill - What is it and what does it mean for Landlords?

Kelly Willows
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The Renters Reform Bill sets out reasonable circumstances where the landlord can evict a tenant. What are the changes? The Renters' (Reform) Bill outlines plans to abolish Section 21 notices, strengthen the grounds under Section 8 of the...

Allergen Series (4) Top 5 Tips for preventing an allergen incident in your food business

Rebecca Ironmonger
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Last week, we discussed what to look out for in terms of potential breaches of the allergen requirements and a case study to illustrate that. In this blog, we have condensed our advice into five top tips to help you prevent an allergen incident in your food...

Design liability and sub-contracting

Derryn Rolfe
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It’s not news that most design expertise in the building industry lies not with main contractors but with consultants and specialist sub-contractors. Often the expertise is such that the main contractor does little except procure and co-ordinate the...

Allergen Series (3) Allergen incidents - What to do and look out for

Rebecca Ironmonger
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One of the most common breaches of the Food Hygiene Regulations is in respect of incidents involving allergens. In this blog, our Food Regulatory Team discusses the law, what to look for in your business and what to do if you have an allergen incident. Food...

Charity Commission launches new quiz for Charity Trustees

Craig Staten-Spencer
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All charities are overseen by their trustees. They give up their time, energy and expertise on a voluntary basis and are responsible for the governance, strategy and overall operation of the charity.  The Charity Commission, the independent regulator...

The Sagrada Familia nears completion

Derryn Rolfe
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Today the fourth tower of the Sagrada Familia, Gaudi’s iconic cathedral in Barcelona, was completed. It’s a mere 141 years since the building of the cathedral started, which puts the delayed (and, also as of today) partly cancelled HS2 into...

Allergen Series (2) Natasha's Law Two Years On

Rebecca Ironmonger
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The 1 st of October 2023 marked two years since Natasha’s Law came into force. This legislation, officially known as the Food Information (Amendment) (England) Regulations 2019, made it mandatory for food which is pre-packed for direct sale to include...

Biodiversity Net Gain: Legal issues for farmers

Julie Robinson
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Julie Robinson, Agriculture Partner at Roythornes Solicitors, explains why putting land into a biodiversity net gain project is not a walk in the park for farmers. Following the Government’s announcement on 27 September, we now have confirmation...

6 things to watch out for in Corporate Finance documents

Beth Wallace
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I’ve read a fair few corporate finance documents over the last few weeks. A work stream that I’ve found myself enjoying more and more. However, all too often I’m told by property colleagues “the client doesn’t want advising on...

Allergen Series (1) Precautionary allergen labelling

Rebecca Ironmonger
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Allergen labelling is a hot topic and continues to be one of the most common breaches of food law. It is a legal requirement for all food business operators (“FBOs”) to declare the presence of any of the 14 major allergens (celery, cereals...

Can an 'illegitimate' child inherit from their parent's estate?

Leah Merrifield
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It is not unusual for people to have children from different relationships and ‘illegitimate’ children born outside of marriage. Whilst blended families are increasingly common and often have positive relationships, unfortunately, there can...

Charity Commission issues new guidance on the use of social media

Craig Staten-Spencer
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We all live in an increasingly digital world and social media forms a large part of this for many people.  For charities it has opened new ways of engaging with service users, attracting volunteers and raising much needed funds.  As with most...

The new small abattoir support fund - what do we know so far?

Rebecca Ironmonger
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This week, the Government announced it will open a £4million fund to support small abattoirs at the end of 2023. Here, Rebecca Ironmonger of our Regulatory Team discusses what we know so far about the fund and considers what else might be needed to...

BPS and delinked payments - implications for land sales, FBTs and farm reorganisations

Julie Robinson
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With land sales and new farm business tenancies being finalised ahead of Michaelmas, Julie Robinson looks at how parties might deal with the transition between the Basic Payment Scheme and delinked payments, due to be introduced in England in 2024. ...

Can you challenge an unfair will?

Leah Merrifield
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It is not uncommon for people to make wills in terms that may seem unfair, or even irrational. Family members can be left wondering whether the will actually represented the person’s wishes, or if anything can be done about it. In a recent case the...

Exploring the significance of No Oral Modification (NOM) Clauses

Alex Forster
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In the complex world of construction and engineering, where projects are often intricate and subject to evolving circumstances, the importance of well-drafted contracts cannot be overstated. One crucial aspect of these contracts is the inclusion of no oral...

Nutrient neutrality: no change for agricultural developments

Julie Robinson
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It will not have escaped attention that the Government plans to do away with legacy EU laws to free up housebuilding in nutrient neutrality catchments. This blog looks at whether and how farmers will be affected by the proposed changes. The Government has...

Sectional completion and partial possession

Derryn Rolfe
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Whilst many projects are a single building constructed in one hit, there are times when a phased approach is essential. It may be a question of land availability, or building to suit an incoming tenant, or it may be that the facility needs to remain...

An important judgment in construction claims following the Building Safety Act 2022 - URS Corporation Ltd v BDW Trading Limited

Alex Forster
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In a recent landmark decision, the Court of Appeal delivered its judgment in URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 772 , addressing a complex web of legal issues involving negligence claims, construction law and legislative interpretation....

Site security

Derryn Rolfe
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Construction News recently reported on the theft of tens of thousands of pounds-worth of materials and tools taken in one night from a site in Nottingham. Whilst theft on that scale is relatively unusual, the loss of goods, materials and, in particular, hand...

Updated Intestacy Rules

Esther Woodhouse
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The Administration of Estates Act 1925 (as amended by the Trustee Powers Act 2014) (Fixed Net Sum) Order 2023 came into force on 26 th July 2023, amending the statutory legacy under the Intestacy Rules (‘the Rules’) to which the surviving...

Letters of intent in construction and engineering

Derryn Rolfe
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In the construction and engineering sectors, letters of intent are used all the time. The idea of them is to get a project going – either to allow for the procurement of long lead-time items, or to start design, or to hold a tender price – before...

Do you need a solicitor to undertake legal work?

Joanna Grewer
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The Competition and Markets Authority (CMA) has launched an investigation into the UK’s unregulated market surrounding the provision of legal services, such as will-writing, online divorce, and pre-paid probate services. According to their...

Why you should take advice when attempting to mitigate Inheritance Tax

Nadine Wealands
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A recent case involving a mother and daughter, Norma Gibbons and Dawn Gibbons, highlighted the fragility of relationships and the importance of getting good solid advice when making decisions that may well affect your future.  The background Before...

What is a Talaq divorce and is it recognised in the UK?

Layla Babadi
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A Talaq divorce is, under traditional Islamic Law, said to have taken place when the husband pronounces ‘I divorce thee’ three times.  After the pronouncement the marriage is dissolved instantly. However, for a Talaq divorce to be...

Liquidated damages for performance shortfalls in Engineering and Construction projects

Derryn Rolfe
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Engineering and construction project success is based on three factors: time; cost; and quality – the classic project management triangle. One of the most important decisions companies starting work on their new or refurbished facilities have to make...

New rules for Flexible Working requests

George Miller
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This week, Parliament passed legislation that will change how employers need to deal with flexible working requests and simplifies the process for employees. The key changes are: Employers cannot refuse a request without consulting with the employee; ...

Farm Safety Week 2023

Cristina Parla
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Farm Safety Week (17-21 July 2023) is an annual campaign which focuses on raising awareness and changing attitudes to prevent life-changing injuries. The latest figures from the Health and Safety Executive (“HSE”) for 2022/2023 show that 21...

Searching staff for hidden cameras

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Many employers are concerned about staff covertly filming footage from, for example, inside factories which may show confidential information or misrepresent their activities.  We are often asked by employers whether they can search employees for such...

A Snake in the grass (or in this case, the broccoli!)

Cristina Parla
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Multinational supermarket chain Aldi recently made headlines when a customer found a live snake coiled inside a pack of shrink-wrapped broccoli which had been purchased from one of their stores. The report sent legal tongues wagging and it has been...

Legal Update - The Retained EU Law (Revocation and Reform) Act 2023

Rebecca Ironmonger
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On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 completed its journey through Parliament and received Royal Assent. The content of the original bill, which was the subject of much controversy, has changed considerably, but still...

The new NEC4 ECSC: Exploring new clause 83.4 for enhanced design liability

Derryn Rolfe
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The new NEC4 Engineering and Construction Subcontract (ECSC) is a widely used contract framework in the construction industry. Its clauses provide a structured approach to managing various aspects of a project. One such important addition in the NEC4 ECSC is...

Animal welfare on farm - Trading Standards visits and actions by local authorities

Katie Temple
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Animal welfare is high on the political agenda, with Trading Standards (a department in your local council, usually the borough or district council) being prompt and thorough to investigate reports of animal welfare breaches. Trading Standards is responsible...

What is meant by 'laches', and when will delay stop you from challenging a will?

Leah Merrifield
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What is laches? Laches operates as a defence to a claim, and it is often understood to mean ‘delay’. In fact, laches is more than simply delay. The recent case of James v Scudamore [2023] EWHC 996 (Ch) sets out four propositions that form...

New Code of Conduct for Registered Building Inspectors

Derryn Rolfe
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The Building Safety Act included provisions for the mandatory registration of all buildings inspectors, both Registered Building Inspectors (local authority inspectors) and Registered Building Control Approvers (private sector consultants). The Act was very...

Injury Awareness Week

Cristina Parla
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A report commissioned by the Association of Personal Injury Lawyers (“APIL”) has shown that an estimated 1.6 million people in the UK say they have become a victim of negligence. This means that 30,000 people fall ill or are injured per week. ...

What is testamentary capacity?

Leah Merrifield
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In order for a will to be valid, a testator must have the requisite mental capacity. Capacity is one of the most commonly used grounds for challenging a will. The recent case of Baker v Hewston gives an insight into how judges approach this complex...

Pets and divorce - 'Who gets the dog?'

Layla Babadi
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Pets are seen by many as part of the family and when a divorce takes place, the questions surrounding who will look after the family pet can add considerable distress to an already stressful time. Often the situation becomes quite fraught, but a specialist...

Dowries and Divorce

Layla Babadi
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The issue of dowries in divorce is one which we come across often.  There are a number of questions that clients often ask and in the article below we will aim to answer some of them. Can a wife claim back her dowry after divorce? The short answer...

Retentions in Construction and Engineering contracts

Derryn Rolfe
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It is normal practice for construction and engineering contracts to allow the client to keep a percentage of each interim payment as a retention. The retention is intended to be used against the client’s losses in the event that the contract defaults....

The Animal Welfare (Kept Animals) Bill scrapped - what does this mean for farmers and meat producers?

Rebecca Ironmonger
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Last week, Farming Minister Mark Spencer MP announced that the Animal Welfare (Kept Animals) Bill, which has been making its way through Parliament for nearly two years, would be dropped and the measures it contains introduced separately. Our animal welfare...

Government intends to impose limits on post termination restrictions

George Miller
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The Government has published a policy paper  setting out various changes it intends to make to the law following Brexit. One of these changes has caught the eye of employment lawyers – they intend to limit the duration of any non-compete clauses...

Construction insolvency

Derryn Rolfe
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Construction News has reported that a total of 112 construction companies have gone into administration so far this year. This affects not only those companies, their employees, and their supply chains, but also their clients, whose projects will be delayed...

The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

Derryn Rolfe
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Draft Regulations have this week been published in respect of the Responsible Actors Scheme – the industry scheme for residential developers arising out of the Building Safety Act 2022.   Aim of the scheme Like the Act itself, the purpose of...

Performance bonds and parent company guarantees

Derryn Rolfe
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Performance bonds and/or PCGs are often required of the contractor in building and engineering projects as a means of securing the purchaser’s position, and limiting their losses, in the event of the contractor’s default. But what’s the...

Programmes in Construction Contracts

Derryn Rolfe
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The JCT standard forms of building contracts have a very simplistic approach to programmes: there’s a start date and an end date, and that’s it. How the contractor wants to do thing in between is up to them provided that...

Building Safety Act update

Derryn Rolfe
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The Building Safety Pledge The Building Safety Act allowed the government to set up building industry schemes for developers. The idea of the schemes was to get developers and construction products manufacturers to pay for remedial works to buildings...

Livestock Worrying by Dogs

Rebecca Ironmonger
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Livestock worrying by dogs costs British farmers millions of pounds every year and causes an immense amount of distress to farmers and their animals. Most issues are caused by ignorant, irresponsible, or uncaring dog owners who do not know how to control...

Advance Payments on Construction Contracts

Derryn Rolfe
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All of the standard and model forms of building and engineering contracts contain provisions for advance payments, and for many years they have been little used, but with the continuing materials price rises developers and contractors alike are both turning...

Development and Agricultural Holdings Act tenancies

Darren Gill
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More and more often, the situation is arising where a landowner is approached by a developer who wants to offer them a substantial sum of money to purchase  all or part of the agricultural holding.  Alternatively, the landowner is looking at ways...

Joint Ventures in Development Projects

Derryn Rolfe
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It can make sense for companies to join forces in development projects, with each contributing their expertise, sharing the workload, or allowing to take on jointly projects larger than they could do alone. Whatever the reason, the question is always: what...

Family Court Reporting Pilot Scheme

Layla Babadi
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The President of the Family Division, Sir Andrew McFarlane, has circulated a message in relation to the Transparency Implementation Group Reporting Pilot which commenced on Monday 30 January 2023 in Cardiff, Leeds and Carlisle. Journalists will be able to...

The Impact of the Cost-of-Living Crisis on Divorce

Layla Babadi
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2022 saw an enormous hike in the cost of living. Soaring energy bills, rising interest rates and the increased cost of food and fuel are undoubtedly having a considerable financial impact on people across the country. In relation to the breakdown of a...

Framework Agreements: How To Minimise Paperwork and Risk in Repeat Contracting

Derryn Rolfe
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Framework agreements sound scary: central Government behemoths for massive projects tying both sides into 25-year deals with Key Performance Indicators, Service Level Agreements and severe penalties. They don’t need to be like that, and probably...

Personal Injury Claims - It Doesn't Always End With Recovery

Cristina Parla
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One of the main components in any personal injury claim is to recover compensation for the injury suffered, but it is also important to ensure that there is a provision for the cost of any recommended treatment to aid ongoing recovery. To put this into...

New Fire Safety Regulations for High-Rise Residential Buildings

Derryn Rolfe
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One of the most important pieces of legislation to come out of the Grenfell fire, the new Fires Safety (England) Regulations 2022, comes into force on 23 January 2023. Under the new Regulations, a responsible person – usually a managing agent or...

Capital Gains Tax on Divorce and Dissolution

Ben Taylor
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During a marriage or civil partnership, and while partners are not permanently separated, individuals can transfer assets between themselves without CGT arising. In essence, the other partner is treated as acquiring the assets (or interest in the asset) for...

New Anti-Strike Laws: A Lawyers View

George Miller
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With the government set to introduce new strike laws, employment lawyer at Roythornes Solicitors, George Miller discusses what this actually means for unions and employers. "Strikes are a public right in the UK and recent industrial action has led...

Divorce Day: Fact or Fiction?

Caroline  Elliott
  • Posted
  • Author

The first working Monday of the year is known by many as ‘Divorce Day’ because legal practitioners often receive an influx of separation requests, caused by the stresses of Christmas, upon returning to work. Caroline Elliott , partner and family...

Our Top 5 Reasons to Update Your Will

Alexandra  Hamilton
  • Posted
  • Author

If you already have a Will in place, this is something to be congratulated, especially with recent statistics suggesting that somewhere between 50% to 60% of adults in the UK do not have a Will at all. That being said, for those who have an existing Will,...

Privilege in Litigation - When Is It Waived, and When Are You Obliged to Hand Over Your Legal Advice to the Other Party/Parties?

Alex Forster
  • Posted
  • Author

Sometimes in disputes clients who have the benefit of positive legal advice may attempt to use that advice to inform the other side of how strong their case is. On occasion this involves forwarding on the advice to the other side, and sometimes it involves...

What Is the Right Level of Debt to Pursue at Court?

Catherine Rickett
  • Posted
  • Author

One of the questions we get asked most often when we are out and about is “Is it worth me pursuing this debt with all the costs involved?” It’s not an easy question to answer. To some people, £500 is a lot of money, but to others,...

Why You Are Worried About Making a Will... And Why You Shouldn't Be

Alexandra  Hamilton
  • Posted
  • Author

In the most recent study conducted in September 2020, 59% of UK adults have not written a Will, which amounts to around 31 million UK adults. Whilst everyone is different and has their own reasons for not doing so, there are some common reasons why...

Top 5 Tips for Management Companies

Ollie Peckham
  • Posted
  • Author

It is becoming more and more popular in today’s property market that management companies are being created to be handed over to the residents of a development once finalised. As the residents will invariably have little experience in the inner...

Care Fees - A Beginner's Guide

Sophie Crook
  • Posted
  • Author

Care fees are often an issue not considered until care is required. They are an issue that benefit from being given some thought before this stage and also that remain difficult to navigate for those paying them and for families who are just trying to help...

Changes to the Procedure for Entering and Renewing a Caveat

Leah Merrifield
  • Posted
  • Author

HM Courts & Tribunals Service have recently announced changes in how to apply for, and extend, a caveat.  A caveat is a written notice that prevents a Grant of Probate or Grant of Letters of Administration being issued until the caveat is removed....

Summary of the Section 25 Principles

Layla Babadi
  • Posted
  • Author

Most, if not all, financial remedy judgments contain a review of the guidelines in section 25 of the Matrimonial Causes Act 1973, together with an analysis of relevant case law. Few judgments, however, provide a detailed checklist with a clear overview of...

Surge in Divorce Applications Following No Fault Law

Layla Babadi
  • Posted
  • Author

Divorce applications have reached their highest level in a decade following  the introduction of “no-fault” law . On April 6, new legislation  came into effect in England and Wales  enabling couples to go through divorce...

Overseas Pensions and Divorce

Layla Babadi
  • Posted
  • Author

Pensions can, for many separating couples, make up a significant proportion of family assets and should be fully considered when financial matters are dealt with during a divorce. Where a couple with UK pensions divorce in England, the court can make various...

No-Fault Divorce: The Blame Game Continues

Caroline  Elliott
  • Posted
  • Author

Six months on from landmark no-fault divorce reforms, legal experts and sociologists alike are keeping a close eye on the take-up and the reaction to the new separation option.  Caroline Elliott , partner and family law specialist, provides insight on...

Mixed Messages on Solar Schemes

Edd Johnson
  • Posted
  • Author

One of the many challenges our new Prime Minister faces is that of energy security. The war in Ukraine and the subsequent soaring gas prices have focused the UK’s mind on just where our energy comes from, and what we pay for it. Part of the...

Deputyship Orders - Pilot Scheme Reduces Waiting Time for Orders by 75%

Kerry-Jo Gallimore
  • Posted
  • Author

In the summer of 2021, the Court of Protection introduced an online case management pilot scheme, designed to speed up the process of obtaining a Deputyship Order. A Deputyship Order is required when someone loses the capacity to make some or all decisions...

Taxation and the Monarchy

Oscar Scotney
  • Posted
  • Author

The UK has the joint 4 th highest rate of Inheritance Tax (IHT) in the world at 40%. Japan tops the table at 55% whilst New Zealand, Portugal, and Sweden (among others) have a 0% Inheritance Tax rate. HMRC received £6.1 billion from IHT alone in the...

What Happens to the Family Home Upon Separation?

Layla Babadi
  • Posted
  • Author

When a relationship ends, one of the most common concerns is whether one person can force the other to leave a shared family home. The outcome depends on your personal circumstances and there are safeguards in place to prevent a partner forcing the other out...

Common Pitfalls of Challenging Enforcement Decisions and Notices Without Legal Advice

Rebecca Ironmonger
  • Posted
  • Author

As the cost of living and running your business continue to rise, it can be tempting to try to challenge any enforcement action by local authorities, the Food Standards Agency, the Environment Agency and other regulators by yourself without the benefit of...

How Does the Court Determine Financial Provision on Divorce?

Layla Babadi
  • Posted
  • Author

There is no standard formula for calculating appropriate financial provision on divorce. The court has a duty to consider all the circumstances of the case and to consider a range of specific statutory factors set out in section  25  of...

An Overview of Islamic Marriage and Divorce

Layla Babadi
  • Posted
  • Author

Many Muslim couples in the UK have both an Islamic marriage and an English civil marriage, though some couples enter an Islamic marriage without entering a civil marriage. Where a couple have entered a civil marriage, an English court can...

Financial Provision in England Following an Overseas Divorce

Layla Babadi
  • Posted
  • Author

If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...

Is My Foreign Divorce Valid in England?

Layla Babadi
  • Posted
  • Author

If you have obtained a divorce overseas there are some circumstances in which you can bring a claim for financial relief in the courts of England and Wales. Part III of the Matrimonial and Family Proceedings Act 1984 governs the bringing of financial claims...

Covid, Extreme Weather and Other Unexpected Events - When Can You Use Force Majeure?

Phil Cookson
  • Posted
  • Author

With the Covid-19 pandemic continuing to cause widespread disruption and uncertainty, many businesses may, understandably, be considering whether invoking force majeure is both possible and in their best interests. An effective commercial contract should...

Claiming for Accidents at Outdoor Events

Cristina Parla
  • Posted
  • Author

We recently acted for a client in connection with a claim against an entertainment company as a result of an accident at an outdoor screening event. Whilst personal injury claims of this nature appear to be less common than other types of personal injury...

How to Start a Redundancy Process

Desley Sherwin
  • Posted
  • Author

Redundancy can be necessary for a wide variety of reasons, but many employers find it difficult or simply don’t know how to start. From the redundancy selection process to communication and execution, there are many things you need to know in order to...

Recognition of Deputyship Orders Abroad

Leah Merrifield
  • Posted
  • Author

We recently attended a Court of Protection masterclass, and one of the topics discussed was the procedure for the recognition of a Deputyship Order in Italy. A Deputyship Order is a type of court order that is made by the Court of Protection. It...

Withdrawal of Public Body's decision did not end jurisdiction in the FTT

Hannah Leese
  • Posted
  • Author

The Upper Tribunal has ruled that where an appeal is made, pursuant to Regulation 22 of The Welfare at the Time of Killing regulations 2015, to the First Tier Tribunal and then that decision is subsequently withdrawn or not relied upon by the Respondent...

New Fire Safety Rules - Doors, Balconies and Cladding

Derryn Rolfe
  • Posted
  • Author

There was an important law change yesterday regarding fire safety, most importantly the regulation of doors, balconies, and cladding. In our recent update, we discuss the obligations on landlords and how to deal with enforcement action that may be taken...

The Impact on Sole Directors in the Recent Hashmi V Lorimer-Wing [2022] High Court Case

Lizzie Walters
  • Posted
  • Author

A recent court case has found that the Model Articles of Association adopted, in whole or in part, by a lot of private companies do not allow those companies to have a sole director. Any company which was incorporated since October 2009, or which has changed...

Top 10 Tips to Consider Before a Business Sale

Beth Wallace
  • Posted
  • Author

Selling a business is quite an undertaking and can often flag up issues or concerns that require additional time and costs to resolve. Our Corporate and Commercial team have therefore compiled a list of issues to consider in advance of a sale to...

Administration of Estates - Our Practical Solutions to Impossible Questions

Esther Woodhouse
  • Posted
  • Author

Administering the estate of a deceased loved one can be traumatic and even more so when faced with financial organisations that create obstacles to moving the administration forward. In this blog, Esther Woodhouse reaches out to those having had similar...

Children in Wills - Are All Your Children Benefitting Correctly?

Sophie Crook
  • Posted
  • Author

The question of who your children are may seem a simple one. However, in the modern world where family dynamics are becoming increasingly complex, it is important to guarantee that the legal definition of “children” aligns with your personal...

Top 5 Tips to Prevent Fly-Tipping on Your Farm

Rebecca Ironmonger
  • Posted
  • Author

Fly-tipping is a huge problem for many farmers and landowners and can be expensive to deal with, particularly if you get landed with a large fine. Fly-tipping is essentially the deposit of waste onto land which is not permitted to receive it. As a landowner...

Rules on Spreading Slurry - Does the EA's New Approach Provide a Reprieve for Farmers?

Rebecca Ironmonger
  • Posted
  • Author

Last August, Rebecca Ironmonger from our Regulatory Team discussed the Environment Agency’s Regulatory Position Statement on the use of organic manure over Autumn/Winter 2021/22. Here, Rebecca provides an update on the EA’s approach. Last week,...

Top 5 Estate Planning Tips

Oscar Scotney
  • Posted
  • Author

Estate planning is not an isolated task - life changes quickly and your estate planning should evolve with it. Below are our top 5 estate planning tips to help safeguard your assets, minimise inheritance tax and give you peace of mind for the future: ...

No-Fault Divorce Law Introduced in England and Wales

John Boon
  • Posted
  • Author

The introduction of no-fault divorce in England and Wales has now arrived after over 30 years of campaigning by some family lawyers and other campaigners. Up until now the rules in England and Wales meant that anyone who wanted to divorce or end their civil...

Charities Act 2022 - Five of the Key Changes for Charities and Their Trustees

Julia Seary
  • Posted
  • Author

This month sees the introduction of new law as the Charities Bill has now received Royal Assent and passed into law as the Charities Act 2022. Here are five of the key proposed changes for charities and their trustees: Charities and trustees will be...

How Charity Trustees Can Support the Crisis in Ukraine

Julia Seary
  • Posted
  • Author

The situation in Ukraine is changing rapidly and we appreciate that many of our clients and partners want to support the crisis and help those in need. For charity trustees, this can create some challenge and so we have set out below a number of points...

What Are the Whiplash Reforms, and Do They Apply to You?

Cristina Parla
  • Posted
  • Author

The reforms were part of an insurance backed crackdown on whiplash and soft tissue personal injury claims, arising out of road traffic accidents. Those affected by the reforms, which were introduced in England and Wales on 31 May 2021, are only entitled...

Self-Driving Cars - Whose Fault Is It?

Anna Standen
  • Posted
  • Author

In 2018 the Centre for Connected and Autonomous Vehicles (CCAV) asked the Law Commission to undertake a review to enable the safe and responsible introduction of automated vehicles on roads and public places. The Report The report contains a series of...

Highway Code Changes - What Do They Mean for Road Users?

Anna Standen
  • Posted
  • Author

On the 29th January 2022 the Highway Code is changing: how many of us are aware of it? It seems that there hasn’t been a lot of publicity about the topic, but these rules will affect every user of roads, be it as a pedestrian, as a cyclist or as a...

Probate Fee Increase - How Much Are Fees Increasing and How Will It Affect Me?

Esther Woodhouse
  • Posted
  • Author

It’s good news that the government’s original proposal to introduce a “death tax” has been scrapped, as this would have seen grieving families pay up to £6,000 for probate. However, introducing a flat fee of £273 is still...

Hope for Secondary Victims of Clinical Negligence Claims?

Anna Standen
  • Posted
  • Author

A landmark case (Paul v Royal Wolverhampton NHS Trust) is heading to the Supreme Court on so called ‘secondary victims’ of clinical negligence claims and who may fall into this category of claimants when considering liability. A possible...

HMRC Open 3,500 Inheritance Tax Investigations

  • Posted

A national increase in property prices has fuelled 3,754 probes into inheritance tax (IHT) between 2020 and 2021. On average, each IHT investigation launched by HMRC gained an additional £71,000, totalling a further £254 million for the 2020/21...

New Proof of Sickness Time Period

Laura Hill
  • Posted
  • Author

In order to free up GPs to help with the booster roll out, from today, if an employee starts sick leave between 10 December 2021 and 26 January 2022, they are not required to provide medical evidence of sickness absences for Statutory Sick Pay purposes until...

Remote Witnessing of Wills - Was It Worth It?

Jak Ward
  • Posted
  • Author

Parliament reacted slowly to the emergence of Covid-19 in this country when it came to will-writing. Despite the Government locking the country down in March 2020, it took Parliament until July 2020 to temporarily amend Section 9 of the Wills Act 1837 to...

Why Solar Will Lead the Way in UK Energy Transition

Mary Sargent
  • Posted
  • Author

COP26 saw many countries pledge to take steps toward decarbonisation and, whether or not these commitments go far enough, it’s clear that the ‘green revolution’ is beginning to take shape and there is a real opportunity for solar to drive...

Government Decide Inheritance Tax Staying as Is and Capital Gains Tax to Be Refined

Ben Taylor
  • Posted
  • Author

The Treasury has written to the Office of Tax Simplification (OTS) in response to its second report on Inheritance Tax (IHT) and on its two Capital Gains Tax (CGT) reports. The second report on IHT had the aim of investigating and commenting on the...

Caveats in Probate Disputes - What Are They, Why Should I Apply for One, and How Do I Apply?

Jak Ward
  • Posted
  • Author

I have encountered a fair number of new enquiries recently where the obvious first step to take is to apply to enter a caveat at the Probate Registry. I, therefore, felt that it would be a topical yet timely reminder of what they are, why they can be useful,...

Where There's a Will, There's a Way: Demystifying the Intestacy Rules

Jak Ward
  • Posted
  • Author

When a person dies leaving no will, they are said to have died intestate. As they have not provided directions as to how they wish their assets to be dealt with, their estate is shared out in accordance with a set of legal principles known as “the...

Court of Appeal Approves the Right for Applicants to Recover CFA Success Fees in the Case of Hirachand V Hirachand

Jak Ward
  • Posted
  • Author

The eagerly awaited Court of Appeal judgment in Hirachand was handed down last week. When this issue crops up in a case, I find that it is incredibly difficult for one to grapple one way or the other, let alone second-guess which way the judiciary is going...

The Past, Present and (Possible) Future of Wills and Probate?

Jak Ward
  • Posted
  • Author

Since the emergence of Covid-19 in March 2020, every industry in the UK has faced challenges. Some have seen their development and growth thwarted, whilst others have shone. We’ve hopefully seen the back of the worst of it. I’m now at the...

Estate Administration: It's a Matter of Public Record

Esther Woodhouse
  • Posted
  • Author

After death, there is often a need for your Personal Representatives to apply to the Probate Registry for a Grant of Representation. The Grant confirms the Personal Representatives’ authority to administer the estate which is needed to collect...

Should We Discuss Inheritance?

Ben Taylor
  • Posted
  • Author

We can often find discussing money matters, like inheritance, a little uncomfortable. However, in some cases it is quite common and, as in my experience, we are starting to observe a changing attitude towards talking about property, finances, and death. ...

Flexible Working Requests

Shola Khan
  • Posted
  • Author

With the end of the furlough scheme, there is no doubt that people might be re-thinking their working arrangements, whether that be working from home or a hybrid between working from home and in the office. Please note that this note does not cover...

New Rules for Animal Welfare in Transport

Rebecca Ironmonger
  • Posted
  • Author

In April this year, we considered the proposed changes to the regulations surrounding animal welfare in transport contained in the government consultation. Last month, the Department for the Environment, Food and Rural Affairs (“DEFRA”) published...

Are Your Legal Affairs up to Date?

Joseph Stoehr
  • Posted
  • Author

The past eighteen months have forced us all to think about a lot and for many this has meant finally writing a will or rummaging around for their “current” one to give it a much-needed review and update. Sorting out wills tends to stay on...

What Does the Environment Agency's New Regulatory Position Statement on the Spreading of Organic Manure Mean for Farmers This Autumn?

Rebecca Ironmonger
  • Posted
  • Author

For many farmers, the spreading of manure or sludge from water sewage treatment plants is an essential part of the process of preparing the soil for crops and for disposing of excess manure that they do not have the capacity to store. The Reduction and...

Property Investment Portfolios - Is a Family Investment Company (FIC) the Answer?

Ben Taylor
  • Posted
  • Author

There have been a number of changes in the tax environment over the last few years aimed at discouraging private ownership of second or investment properties. The changes include the introduction of the higher rates of SDLT (an extra 3%) and the changes to...

Can a Debtor Overturn Your County Court Judgment?

Catherine Rickett
  • Posted
  • Author

In May, it hit the news that the Prime Minister, Boris Johnson, had become the subject of a County Court Judgment for a debt of £535. However, before questions about what would happen if bailiffs turned up at Number 10 could be answered, Downing...

What Will Natasha's Law Mean for Butchers?

Rebecca Ironmonger
  • Posted
  • Author

From 1 October 2021, the Food Information (Amendment) (England) Regulations 2019, more widely known as Natasha’s Law, will come into force. Natasha’s Law was introduced into Parliament as a result of tragic deaths due to allergy sufferers’...

How to Serve and Enforce a County Court Judgment

Martin Spencer
  • Posted
  • Author

Getting a County Court Judgment (CCJ) is an important step in the debt recovery process and is often a relief to creditors. It is an official confirmation that the debtor owes money and must repay. However, getting the CCJ does not mean that the debtor will...

Five Reasons to Outsource Your Debt Recovery

Martin Spencer
  • Posted
  • Author

Are your debtors giving you excuse after excuse to avoid making payment? This could be having a detrimental effect on the cash flow of your business, especially in the current climate throughout the COVID-19 pandemic. Here are five reasons for...

Do You Need to Appoint an Authorised Representative to Sell Products into the EU?

Julia Seary
  • Posted
  • Author

With Regulation (EU) 2019/1020 coming into force, from 16 July 2021 every business from outside the EU selling products directly or indirectly should have either an importer or an authorised representative located in the EU acting as an ‘economic...

Data Privacy - Live Facial Recognition Technology Compliance

Julia Seary
  • Posted
  • Author

In an effort to address public concern about the potential for live facial recognition (LFR) technology to be used contrary to data privacy laws, the ICO have provided guidance on the use of LFR in public places by private companies and public organisations....

Accidents at Home

Cristina Parla
  • Posted
  • Author

The one place you expect to feel safe is home so when you engage a specialist to undertake any big projects or home renovations, you rightly expect to receive the highest level of service. However, this does not always happen, and substandard and...

The Fight Against Section 57 - Fundamental Dishonesty

Cristina Parla
  • Posted
  • Author

We recently acted for a client in connection with his personal injury claim which arose as a result of a slipping accident on private property. The facts of the case are relatively straightforward, but the approach adopted by the defendant caused...

Implications for Carers and Deputies - Access to Sex Workers

Elizabeth Young
  • Posted
  • Author

A decision in the case of ‘C’ has been handed down, judging him to have the capacity to engage in sexual relations and to potentially engage a sex worker and identifying issues for those who may be asked to help make such arrangements for others....

How Has Covid-19 Affected the Enforcement of Judgments?

Martin Spencer
  • Posted
  • Author

It is all very well obtaining judgment against your debtor, but that does not necessarily mean that you can turn that judgment into cash. This can often prove the most challenging part of debt recovery and has especially been the case throughout the...

Dog Bite Compensation Claims

Amy Forman
  • Posted
  • Author

During the lockdown, owning a dog has become a popular choice for many people, particularly those living alone and facing months in isolation or those looking for a reason to enjoy the great outdoors.  However, many are coming to realise that having a...

Proposed Changes to the Transport Regulations for Poultry and Livestock

Rebecca Ironmonger
  • Posted
  • Author

A consultation by the Department for Environment, Food and Rural Affairs (“DEFRA”) into proposed changes to the Regulations governing animal welfare in transport closed in February 2021 and has provoked much debate within industry. Rebecca...

The Updated Trust Registration Service

Chris Wilkes
  • Posted
  • Author

The Trust Registration Service (“TRS”) was originally set up in 2017 and only required trustees of express trusts with a relevant tax liability to register. The relevant taxes are: Income tax Capital Gains Tax Inheritance tax Stamp Duty...

Breathing Space - Giving Debtors Time to Breathe

Catherine Rickett
  • Posted
  • Author

As of 4th May 2021, there will be a new scheme, which will allow struggling debtors time to ‘breathe’ and time to sort out their financial struggles. This new scheme is called The Debt Respite Scheme (Breathing Space) Guidance and comes from...

No Covid Vaccination, No Job...?

Desley Sherwin
  • Posted
  • Author

About a year ago, the hot topic in employment law was the new Coronavirus Job Retention Scheme that we all got to know and love as the furlough scheme.  The hot topic currently is the debate about mandatory vaccination. At the time of writing,...

Divorce and Tax

Ben Taylor
  • Posted
  • Author

We often get asked about the tax situation on divorce. Whilst there is no one size fits all, the following is a general outline of the common tax issues that arise on a divorce or separation . Advice should always be sought at an early stage and a plan...

Business Debt Soars Despite Government Covid-19 Support

Catherine Rickett
  • Posted
  • Author

Businesses are finding it increasingly difficult to stay afloat as the Covid-19 pandemic continues to ravage the UK. Despite several recent vaccine approvals and the government introducing a range of financial support schemes – including the Furlough...

GDPR and Data Transfers Post-Brexit

Julia Seary
  • Posted
  • Author

The legal position on GDPR and personal data transfer between the UK and the EEA have changed post-Brexit as follows: EU GDPR Regulation As an EU Regulation, EU GDPR no longer applies to the UK. However, if you operate inside the UK, you will still need...

Are People Becoming More Reliant on Their Inheritance?

Tim Russ
  • Posted
  • Author

Will and inheritance claims have been significantly increasing for many years now. According to the Ministry of Justice reporting in the Times last year, in 2016, the number of individuals seeking to claim a share or a larger proportion of a deceased...

What You Need to Know about the Brexit Food and Drink Labelling Changes

  • Posted

The way food and drink producers, manufacturers, retailers and suppliers label food is changing as of January 1 2021, and you need to be ready. When the UK exited the European Union on 31 January 2020, the transition period was set in motion which ends on...

EU-UK Trade and Cooperation Agreement - Short Term Work in the UK

Desley Sherwin
  • Posted
  • Author

With the Brexit/Withdrawal Agreement coming into effect, freedom of movement between the EU and UK has ended. EU, EEA and Swiss citizens entering the UK for work purposes may need to apply for a visa through the UK’s points-based immigration system....

Brexit and Seasonal Agricultural Workers Q&A

Desley Sherwin
  • Posted
  • Author

This article aims to answer some questions about UK farm employers’ access to seasonal workers under the Government’s extended Seasonal Workers Pilot. The end of the Brexit transition period on 31 December 2020 marks the end of freedom of...

The Impact of the Trade and Cooperation Agreement for UK Businesses and Trade

Julia Seary
  • Posted
  • Author

Following ten rounds of intense negotiations in the run-up to Christmas, the EU-UK Trade and Co-operation Agreement (the TCA) came into provisional effect at 11pm on 31 December 2020 when the European (Future Relationship) Act 2020 (the 2020 Act) came into...

EU-UK Trade and Cooperation Agreement - Organics Q&A

  • Posted

This brief article aims to answer some questions about the certification, labelling and trading of organic food products following the provisional coming into force of the EU-UK Trade and Cooperation Agreement (TCA) on 1 January 2021. Can organic products...

A New Tax on Wealth

Ben Taylor
  • Posted
  • Author

A new tax on wealth is being considered and a report by The Wealth Tax Commission has been released this month making recommendations to the Government. To find out how such changes could affect you as a taxpayer and whether you should review your...

Personal Injury Claims in Winter

Cristina Parla
  • Posted
  • Author

Our Personal Injury team recently took part in #SolicitorChat, a conversation on Twitter where solicitors answer questions on a set topic. A recent one covered personal injury claims in winter, and we thought our answers would provide a useful...

Preventing Prosecution for Alleged Fraud Act Offences

Rebecca Ironmonger
  • Posted
  • Author

A medium-sized food processing factory which produces products such as donor kebabs for the national and international market was raided by Trading Standards and the National Food Crime Unit at the Food Standards Agency (“FSA”) and subsequently...

Do You Know Your Legal Rights as a Cyclist?

Amy Forman
  • Posted
  • Author

Cyclists: The ‘menaces’ that provoke fury amongst road users like no others. Cognitive Scientist Tom Stafford argues that motorists hate cyclists because they believe that they disrupt the moral order of the road. Contrary to popular belief,...

Chancellor Looking to "Rebuild Funds" With New Tax Regime

Ben Taylor
  • Posted
  • Author

This week, the Office of Tax Simplification (OTS) released a report on Capital Gains Tax (CGT). These follow a request by Rishi Sunak, Chancellor of the Exchequer, to “identify opportunities relating to administrative and technical issues as well as...

New Charity Commission User-Friendly Guides for Trustees

  • Posted

The Commission has published a range of user-friendly guides for trustees. Launched in Trustees’ Week 2020, the five x 5-minute guides cover a ‘core syllabus’ of basic information that should help trustees run their charities effectively....

Data Protection and Security

Julia Seary
  • Posted
  • Author

Businesses are reminded to ensure their systems and processes are as secure as possible following the Information Commissioner's latest fines against two organisations for data breaches. In October, British Airways was fined £20 million for...

Make Sure Halloween Doesn't Turn into a Nightmare!

Victoria Stevenson
  • Posted
  • Author

Despite the horrors of the pandemic, it seems children and their parents may still be blowing blow the cobwebs off their costumes this Halloween ready to threaten unimaginable horrors if not rewarded with chocolate and sweets, so it is time to perhaps think...

New Debt Letter Rules - What Does Your Business Need to Do?

Catherine Rickett
  • Posted
  • Author

The way your business must deal with individual debtors is changing. On 7 October 2020, the Treasury announced new rules for debt letters that are less intimidating and provide more support for people in debt. The law is expected to be officially changed in...

Guidance on the Overall Arrangements for Possession Proceedings in England and Wales

Sarah Whitehurst
  • Posted
  • Author

After several months of possession claims being stayed, the stay has now been lifted. The Master of the Rolls has set up a working group to address concerns about the consequences of the current stay on housing possession claims ending. The group...

Covid and Cancelling Consumer Contracts

Julia Seary
  • Posted
  • Author

On 28 August 2020, the Competition and Markets Authority (CMA) published an updated version of its "Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds" which was first published on 30 April 2020. The statement now...

Schrems II Explained

Julia Seary
  • Posted
  • Author

There has been much talk recently within the media and industry of the impact on data protection rules since the announcement of the Schrems II judgment, but what is this case and how might it affect us? The position to date Data transfers to countries...

Claiming VAT Relief on Bad Debts

Catherine Rickett
  • Posted
  • Author

With the world in a very strange place and businesses struggling to pay invoices, there is every possibility that even if you have never fallen victim to a bad payer in the past, you may find yourself with a client who will not, or cannot pay you. If you...

Lifting of Enforcement Restrictions at Residential Properties

Martin Spencer
  • Posted
  • Author

COVID-19 and the lockdown brought about some tricky times for the enforcement of judgments. Whilst we have been able to instruct our High Court Enforcement Agents to attend commercial premises , there has been a blanket ban on attending residential...

Trust Registration Service - Updating Your Records

Ben Taylor
  • Posted
  • Author

The administration of a trust is becoming increasingly comparable to that of a company, with the Trust Registration Service (TRS) and the responsibilities of trustees respect that, comparable to those for Companies House. Trustees are required to record and...

Data Protection: The End of the EU-US Privacy Shield

Julia Seary
  • Posted
  • Author

The Information Commissioner's Office (ICO) is currently reviewing its Privacy Shield and Standard Contractual Clauses guidance following the judgment issued by the ECJ in the case of Data Protection Commissioner v Facebook Ireland and Maximillian...

Maintaining Test and Trace Records of Staff, Customers and Visitors

Julia Seary
  • Posted
  • Author

New guidance has been released by the Government on maintaining test-and-trace records of staff, customers and visitors during the COVID-19 pandemic. This guidance applies to establishments in the hospitality, tourism and leisure sectors, and close-contact...

The Corporate Insolvency and Governance Act 2020

Julia Seary
  • Posted
  • Author

The Corporate Insolvency and Governance Act 2020 came into force on 25 th June 2020, with the aim of “relieving the burden on businesses during the Coronavirus outbreak.” The Act: Provides companies with temporary easements on Companies House...

Covid-19 - Response Update

Julia Seary
  • Posted
  • Author

As you will be aware, this month the Government eased the lockdown measures in England. As of 15 June 2020, non-essential retail premises were permitted to open, as were drive-in cinemas, retail art galleries, betting shops, auction houses, aquariums, zoos...

How Using a Lawyer Can Help Your Personal Injury Claim

Cristina Parla
  • Posted
  • Author

One of the things we are often asked is Why should I use a lawyer to handle my personal injury claim? It’s a fair question and it is indeed possible to handle a claim yourself, but there are a number of benefits to taking the help of a...

Can You Recover Debts During the Pandemic?

Martin Spencer
  • Posted
  • Author

Yes! Whilst we are asking our clients to take a ‘common-sense approach’ with their debtors at this time, we appreciate that cash flow is even more important now and in most situations, debt recovery action can still be taken. By common sense...

New Corporate Insolvency and Governance Bill 2020

Catherine Rickett
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  • Author

On Wednesday 20 May the Department for Business, Energy and Industrial Strategy introduced the new Corporate Insolvency and Governance Bill 2020, the measures are intended to relieve some of the financial burdens on businesses as a result of the Covid-19...

Coronavirus and Your Seasonal Workers - New Self-Isolation Rules

Phil Cookson
  • Posted
  • Author

For farms with seasonal workers due to arrive from abroad on or after 8 June 2020, there is an extremely useful exemption from the general 14-day self-isolation rule. However, there is some small print that employers need to be aware of, and not all farms...

One House or Two? - Multiple Dwellings Relief

Ben Taylor
  • Posted
  • Author

Multiple Dwellings Relief (MDR) is an important relief for Stamp Duty Land Tax (SDLT), where a purchaser acquires more than one dwelling as part of a transaction, or where there is a single dwelling purchase, but it is linked to at least one other...

Electric Scooters - Is the Law Ready for the Transport Revolution?

Robert Dempsey
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  • Author

The Government has announced the use of electric scooters could be trialled on our streets as early as June 2020. This was something that was always in the offing, but the fact this was announced as part of a Coronavirus update, and trials are taking place a...

Highways Claims: An Update Following Covid-19

Cristina Parla
  • Posted
  • Author

A recent press release from the RAC revealed that pothole-related breakdowns for the first three months of 2020 were more than during the same period last year. Whilst the statistics relate to drivers only, they seem to support the ‘pothole...

Guidance for Trustees Facing Challenging Times

Julia Seary
  • Posted
  • Author

The Charity Commission has published guidance for trustees, especially those acting for smaller charities, who may need help facing difficult situations or decisions. We have summarised the Charity Commission’s key considerations and some...

Covid-19 and Commercial Contracts: Material Adverse Change

Julia Seary
  • Posted
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In some types of contracts/agreements, it is common to see a Material Adverse Change or MAC clause to deal with one party’s significant and damaging changes in commercial circumstances. This is particularly the case in financing documentation (such as...

Coronavirus Increases the Risk of Fraud and Cybercrime

Julia Seary
  • Posted
  • Author

The Charity Commission has today warned charities that fraudsters are exploiting the spread of coronavirus in order to carry out fraud and cybercrime, with Police reporting an increase in coronavirus-related scams. There are a number of ways in which...

Social Media, Electronic Communications and Family Proceedings

John Boon
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  • Author

The recent outbreak of Covid-19 and the restrictions which have been put in place by the Government mean that a large number of us are spending more time on social media platforms, such as Facebook, Twitter and Instagram, and using electronic forms of...

Covid-19 and Commercial Contracts: Traders Selling to Consumers

Julia Seary
  • Posted
  • Author

The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before risking...

Covid-19 and Commercial Contracts: Supplying Goods

Julia Seary
  • Posted
  • Author

The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before risking...

Covid-19 and Commercial Contracts: Frustration

Julia Seary
  • Posted
  • Author

The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before risking...

Covid-19 and Commercial Contracts: Force Majeure

Julia Seary
  • Posted
  • Author

The Covid-19 pandemic is likely to lead to a wave of disputes as to which party bears the risks of non-performance. There are some key principles which commercial parties should consider in order to assess the likely outcome of any dispute before risking...

Bereavement - The Impact of Covid-19 on Families, Loved Ones and the Administration Process

Esther Woodhouse
  • Posted
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The effects of Covid-19 and the lockdown across the world are certainly not something that any of us could have ever envisaged or expected to happen during our lifetime. The effects are devastating and widespread, impacting the whole world beyond...

Understanding Orders

Peter Cusick
  • Posted
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The news last week highlights the horrific situation facing many growers. The dramatic fall in sales arising from the lockdown coupled with the perishability and seasonality of plants means the sector faces a nightmare scenario. Within the news, there are...

'Good Work Plan' Update - 6 April 2020

Desley Sherwin
  • Posted
  • Author

The main provisions of the Good Work Plan come into effect today. Firstly, a reminder of what had already been implemented previously: Two changes took effect on 6 April 2019: All employees and workers became entitled to an itemised payslip setting out...

Can You Obtain a Financial Order in England and Wales After an Overseas Divorce?

John Boon
  • Posted
  • Author

The Matrimonial and Family Proceedings Act 1984, Part III, enables people to apply to courts in England and Wales where there has been an overseas divorce and no, or inadequate, financial provision has been made. It is necessary to apply for permission, or...

Homeworking - The New Normal?

Desley Sherwin
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  • Author

In ordinary times, the proportion of workers in the UK who work entirely or mainly from home is relatively low. We find ourselves in something of an extraordinary time when the impact of the Coronavirus pandemic has resulted in the majority of non- key...

Your Time Starts...Now

Cristina Parla
  • Posted
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These are unprecedented and uncertain times. The daily headlines in the media are dominated by the coronavirus pandemic and we are all concerned about our health and the health of our loved ones.  Sadly injuries continue to happen, but if you have...

Highways Claims: The Essentials

Cristina Parla
  • Posted
  • Author

Since the Government’s announcement of lockdown, it seems likely that many more individuals will be looking to get their daily fix of exercise by alternate means whether that be walking, running or cycling. It, therefore, feels an apt time to talk...

Which Charities Can Assist with the Covid-19 Crisis

Julia Seary
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If you are contemplating assisting with the current crisis, you should first consider the terms of your charity’s existing charitable objects which are set out in your governing document. Objects that might already allow you to offer support include: ...

Driving in Bad Weather - Reducing the Risks

Cristina Parla
  • Posted
  • Author

British Summer Time officially started on the last Sunday in March, but in another unprecedented event, many parts of the UK experienced temperatures below freezing and saw snow fall. Weather in general always sparks conversation, and whilst snow and ice...

How Will the Coronavirus Affect Debt Recovery?

Catherine Rickett
  • Posted
  • Author

With the current situation taking the country into a lockdown, we are being asked by our clients if we can still pursue debtors on their behalf. The easy answer to the question is yes, however careful thought and consideration should be given to the approach...

Can a Charity's Reserves and Restricted Funds Be Utilised to Help Through the Coronavirus Crisis?

Julia Seary
  • Posted
  • Author

Understandably, many charities are currently very concerned about their financial position.  As a priority, trustees should consider what are their short, medium and longer-term priorities, and see if they need to amend their financial planning given...

Can I Invoke Force Majeure?

Julia Seary
  • Posted
  • Author

If you are considering whether a force majeure clause can assist in dealing with current circumstances, we have set out below a summary of the main points to consider.  The key takeaway is not to assume that a standard force majeure sweeper/general...

Charity Regulation During the Coronavirus Outbreak

Julia Seary
  • Posted
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The Charities Commission assured charities last week that their approach to regulation during this uncertain period will be as flexible and pragmatic as possible in the public interest, and they will be helping trustees to be aware of and think about the...

Cash Flow Even More Critical Than Ever

Catherine Rickett
  • Posted
  • Author

With the coronavirus outbreak causing strain in the high street it’s even more important than ever to manage your cash flow.  In the last few days, we have seen an increase in the number of enquiries from clients and potential clients asking how...

International Women's Day - Are We on the Road to Equality?

Cristina Parla
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  • Author

We are fast approaching that time of year when we celebrate International Women’s Day (IWD). This year, the marked event will take place on Sunday 8 March, but did you know it has been celebrated from as far back as 1911? Despite happening...

Compensation Culture or Lessons to be Learned?

Robert Dempsey
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Whilst everyone recognises pressures on the NHS, as long as there is ongoing medical negligence, there will be medical negligence claims to right any wrongs. It should be remembered negligence does not mean simple errors or mistakes but the medical...

Separation Agreements - Are They Binding or Not?

John Boon
  • Posted
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Consider the case of MB v EB. The parties separated in 2004 after only three or four years of marriage. In 2011 they agreed on a separation agreement where the husband, a struggling artist, received £245,000, from his wife, to purchase a property and...

Woodland Carbon Guarantee Scheme - Legal Considerations for Farmers

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This blog highlights some legal considerations for landowners and tenant farmers to bear in mind when applying to the Government’s new Woodland Carbon Guarantee scheme (WCaG), supported by an associated woodland creation project. The long-term...

Good Work Plan Update

Desley Sherwin
  • Posted
  • Author

With less than two months to go before the main provisions of the Good Work Plan come into effect, it’s time to make sure you have everything ready. Firstly, a reminder of what has already been implemented: Two changes took effect on 6 April 2019: ...

Delayed or Missed Diagnosis of Cancer

Robert Dempsey
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For World Cancer Day, specialist Rob Dempsey answers your frequently asked questions regarding a missed diagnosis of cancer.  What do the guidelines say regarding a missed diagnosis of cancer? To establish negligence or breach of duty, it is...

Product Liability and Ikea

Beth Wallace
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Recent news reported that Swedish giant Ikea had agreed to pay $46m to the parents of a child killed when the company’s Malm drawers toppled over, suffocating him in May 2017. This may shock some, given the presence of the Malm range in so many homes...

Miscarriage, Childbirth and Psychological Injury

Robert Dempsey
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  • Author

A report in the news today highlights findings that miscarriage may lead to long-term post-traumatic stress. The study of 650 women carried out by Imperial College in London found that 29% of women who had had a miscarriage showed the symptoms. It is...

Winter Weather and Personal Injury Claims

Cristina Parla
  • Posted
  • Author

We receive more enquiries during spells of bad weather. More accidents seem to happen because roads and footpaths are more dangerous. The number of enquiries increases from road users, pedestrians and cyclists. But it does not necessarily mean that...

Brain Injury and Sport

Robert Dempsey
  • Posted
  • Author

In light of the recent news that Scotland is set to ban children under 12 from heading the ball in a game of football, we felt this earlier blog was particularly apt to share. It shows that the consideration of the development of later health issues as a...

Update on the Intestacy Rules

Joseph Stoehr
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If someone dies without a will (or without one that is valid), the intestacy rules dictate how much of their estate their partner, children and other relatives inherit. Legislation passed yesterday – the Administration of Estates Act 1925 (Fixed Net...

Ethical Veganism Recognised as a Philosophical Belief

Laura Hill
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Last week, an Employment Tribunal ruled that ethical veganism constitutes a philosophical belief and ethical vegans stand to be protected by the Equality Act 2010 (“EqA 2010”). The case of Casamitjana v League Against Cruel Sports. The law ...

So You Think You Have a Personal Injury Claim?

Beth Wallace
  • Posted
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Below are our top tips for anyone who feels they might have a personal injury claim. Photographs – never underestimate the value of photographs. Whether it be of the hole in the pavement that you have just tripped over (even better, crack...

A Right Royal Lesson

John Boon
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  • Author

It’s impossible to predict what decisions our children will make in the future, or what might happen along the way. The impact they will have on our financial planning and dynastic wealth protection, therefore, is a complete unknown.  In other...

Separation and the Capital Gains Tax Trap

John Boon
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  • Author

Separating from your spouse or civil partner at the wrong time could result in you having to pay Capital Gains Tax (CGT) that you could otherwise avoid. CGT is payable when you dispose of an asset whether you sell it, gift it or are ordered to transfer it...

All I Want for Christmas is Paid Invoices

Catherine Rickett
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  • Author

As a business, you may have seen an increase in sales during the run-up to Christmas – which is great news – until your customers are late making payments and your cash flow suffers as a result. It’s pretty common for people to overspend...

Resist the Temptation to Take the Money and Run

Cristina Parla
  • Posted
  • Author

Sometimes if you’ve been involved in an accident which wasn’t your fault, the other party’s insurers will make an early offer to settle your claim, often at the same time that they accept liability for your accident. A...

Time and Tide (and the MOD) Wait for No Man

Victoria Stevenson
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The Personal Injury  team at Roythornes is renowned for successfully handling claims brought against the MOD, and so we are often contacted by both serving and retired members of HM Forces. The enquiries are usually about a possible claim arising...

Should You Change Your Charity's Structure?

Julia Seary
  • Posted
  • Author

Your charity’s legal structure and constitution set out what type your charity is and how it should be managed. There are four common types of charity structure:  charitable incorporated organisation (CIO) – either the...

What Happens If I Have No Will?

Joseph Stoehr
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  • Author

If you don’t have a will yet, you’re not alone. It was recently estimated that somewhere between 50% and 60% of adults in the UK do not have one. Many assume their loved ones will automatically inherit their estate - but that’s...

Cars and Cyclists - Friends or Foes?

Robert Dempsey
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  • Author

If you had to create a simple Venn diagram of drivers and cyclists, there would be a significant number of people who would occupy the central sector. Yet you would be forgiven for thinking these two groups, cyclists and drivers, are diametrically...

Arbitration - How Paul Hollywood and His Wife Kept His Divorce Financial Settlement Out of Court

John Boon
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  • Author

Newspapers are reporting that Paul Hollywood, of The Great British Bake-Off fame, has chosen to settle his divorce financial matters out of court.  He and his wife have chosen to use a process called family arbitration. There will be several advantages...

Changing Which Parent a Child Lives With - Parental Alienation

John Boon
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Parental alienation continues to be increasingly recognised by the family courts. What is more, judges are taking increasingly robust steps to resolve situations where one parent turns a child or children against the other parent. In the recent case of...

FAQs: Lasting Powers of Attorney

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Most of us understand the importance of making a will in order to ensure that our affairs are taken care of as we intended on our death. However, fewer of us consider the importance of Lasting Powers of Attorney (LPAs) and what would happen if we are no...

Getting Divorced After a No-deal Brexit Could Be Much More Expensive for European Couples

John Boon
  • Posted
  • Author

If the United Kingdom leaves the EU without a deal, then the cost of getting divorced in some cases will increase dramatically. If both partners in a marriage currently apply to different countries in the EU for a divorce, then the country where the first...

What Is a Consent Order and Why Do I Need One?

John Boon
  • Posted
  • Author

A consent order in divorce or separation proceedings formalises any financial agreement that you and your partner have reached and converts it into a binding, final order. The order specifies who will pay or receive what with regard to income, capital in...

The Good Work Plan

Desley Sherwin
  • Posted
  • Author

In the same time as it takes to boil an egg, let me present an overview of "the biggest package of workplace reforms for over twenty years". Following an independent review of employment practices undertaken by Matthew Taylor - the Head of...

The Importance of Getting Your Dates Right When Bringing a Claim

Cristina Parla
  • Posted
  • Author

The key area I am focusing on today is getting your dates right. You might wonder why this is so important, but the success or failure of a claim can largely depend on the evidence obtained at the outset of a claim. Pursuing a personal injury claim ...

Charity Regulators Promise Closer Collaboration

Julia Seary
  • Posted
  • Author

The Charity Commission and the Information Commissioner have today published a new Memorandum of Understanding (MoU) which aims to enable closer working relations between the two regulators, including the exchange of appropriate information, in order to...

SORP is on the Regulator's Radar

Julia Seary
  • Posted
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The public continues to be concerned about financial transparency within the charity sector , charities’ accounts enable trustees to communicate effectively with interested stakeholders and provide assurance in terms of financial stability and...

How Will the Court Deal With Hidden Assets in Divorce?

John Boon
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  • Author

This is our second article exploring disclosure within divorce and dissolution of civil partnership proceedings.  The first article called “Divorce and financial disclosure” can be found by clicking here. This article explores how...

Recent Claim Success: Dangers on Your Doorstep

Cristina Parla
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  • Author

I recently acted for a client in connection with a claim against Essex County Council as a result of an accident on the highway. The facts of this case are relatively straightforward but there were some slightly unusual factors afoot. The facts The...

Divorce and Financial Disclosure

John Boon
  • Posted
  • Author

When a couple resolve financial matters at the end of their marriage or civil partnership, then it is necessary for both parties to provide full and frank disclosure of their financial circumstances. One or both of the couple often remain sceptical that the...

A Parents' Guide to Assisting a Child in a House Purchase

Elizabeth Young
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With the average house price having increased over 40% over the last 10 years*, it is increasingly common for loved ones to assist when buying property . It is important that the terms of this assistance are agreed in principle, advice taken and terms...

What to Do If Someone Dies Abroad

Elizabeth Young
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  • Author

When a loved one dies abroad it can be difficult to know where to start, particularly if you are new to the estate administration process and are having to deal with an unfamiliar system in stressful circumstances. Who should you inform when someone dies...

A Cautionary Tale About Divorce Financial Advice From Friends

John Boon
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The tabloids have been reporting on a cautionary tale about divorce finances - the temptation to hide assets and the danger of relying on advice from the wrong places. Meet Mrs Byrne Mrs Byrne was thinking about divorcing her husband. The problem...

Earnings After Divorce - Will They Be Shared?

John Boon
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The 2018 case of Waggott v Waggott confirmed that there is no presumption of sharing income, even very high levels of income, after a divorce . The recent case of O’Dwyer v O’Dwyer has revisited this thinking and provided some additional...

How to Keep up Your Cash Flow

Catherine Rickett
  • Posted
  • Author

Health, wealth and happiness are the three most important things in our lives. But if you are a small business owner (less than 50 employees) the fact that your clients are failing to pay your invoices on time, may be making you ill. Not having the money you...

Pensions in Divorce - Offsetting, What Is It and What Are the Risks in It?

John Boon
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  • Author

When a couple gets divorced then one or both parties’ pensions might be distributed between the couple. In many cases this is done by the pension owner having a percentage of their pension being deducted from their fund. That percentage is then...

Calculation of Personal Injury Compensation Continues to Benefit Claimants

Robert Dempsey
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  • Author

On 15 July 2019, the Justice Secretary, David Gauke, announced the new Discount Rate figures used to calculate future losses in personal injury claims . Where a claimant’s injuries are long term or permanent, they may receive a lump sum award to...

Discretionary Trusts in Divorce Law - Are Your Trust Assets Safe in Divorce?

John Boon
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  • Author

A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court judge ordering a potential beneficiary of a...

Will I Have to Share the Pensions I Earned Before We Got Married?

John Boon
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  • Author

The recent Pensions Advisory Group report suggests that there are four answers to the “pensions before marriage” question. We need to be clear on a bit of terminology, however, before looking at the answers. First, remember that pensions can...

New Guidelines on Pensions in Divorce - The Unwelcome Need for Pension Reports

John Boon
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  • Author

Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. A new report, released in July 2019, provides stark warnings for professionals working in divorce law. We will be looking at several...

FAQ: Travel Claims

Cristina Parla
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  • Author

Every week, The Law Society invites law firms to take part in #solicitorchat and gives them the opportunity to answer a few quick legal queries. On this occasion, our Personal Injury team won! Here’s what happened … How can a solicitor help...

Don't Sweep Accidents at Work Under the Carpet

Robert Dempsey
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  • Author

Monday 17 June saw two contrasting stories relating to the Health and Safety Executive’s efforts to prevent injuries or fatalities in the workplace. Radio 4’s “Farming Today” featured Andrew Turner, Head of Agriculture at the HSE....

Avoiding Unpaid Invoices As a Wedding Vendor

Catherine Rickett
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  • Author

If you’re a service provider in the wedding industry, this is your time of year to shine. Whether you are a photographer, a make-up artist, or a venue, how do you protect yourself from the last-minute cancellation of a wedding? Unfortunately, this can...

Corporate Transparency and Register Reform Consultation: Protection for Transgender Directors of Uk Limited Companies

  • Posted

On 5 May 2019, the Department for Business, Energy & Industrial Strategy published a consultation to reform corporate transparency. Generally, the consultation looks at guarding against the misuse of UK corporate entities and balancing transparency...

Becoming Carbon Neutral: How Can Businesses Help the UK Become More Eco-Friendly?

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Ambitious targets for the UK to become carbon neutral by 2050 have been announced by the Committee on Climate Change, which is calling on the government to step up and lay down the law for the nation to proactively take steps to lower its carbon footprint....

Update: Bereavement Damages

Victoria Stevenson
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  • Author

Bereavement damages have been in the spotlight again following the recent decision of the Court of Appeal in the case of Smith v Secretary of State for Justice. Bereavement awards in England and Wales are provided for under the Fatal Accidents Act 1976. The...

Six Principles to Help Protect Your Charity When Working Closely With Non-Charity Organisations

Julia Seary
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  • Author

The Charity Commission has issued guidance to assist trustees in managing their charity’s connections with non-charities (such as trading subsidiaries).  Essentially charities are being reminded by the regulator to act with probity and ensure that...

The Growing Threat of Cyber Crime: Five Protective Steps

Julia Seary
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  • Author

A recent government survey has revealed that over two-thirds of high-income charities had recorded a cyber breach or attack in 2018. Of those charities affected, the vast majority (over 80%) had experienced an attack in the form of fraudulent email...

Update: Wild Birds and Licences

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This article focuses on activities you need to take to stay within the law if you are controlling wild birds to prevent serious damage to livestock, feedstuffs, crops, fruit etc., previously covered by General Licence 04. The legal position The basic...

Do Farmers Still Do Joint Ventures?

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The short answer to our client’s question is yes. Farm businesses are engaging in a whole raft of collaborative ventures as they focus on increasing their competitiveness and preparing for the future. Why are farmers opting for joint ventures? ...

Ten Top Tips for Charities Operating With a Non-Charity Subsidiary

Julia Seary
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  • Author

Ensure that the purpose of the non-charity subsidiary is to help the charity to make a positive difference for its beneficiaries. The linkage must be for one of the following purposes: trading to raise money for the charity , carrying out activities which...

Brain Injury and Sport

Robert Dempsey
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  • Author

In the space of just a few days, the charity Headway,  which offers support to victims of Traumatic Brain injuries, has had reason to be critical of FIFA, football’s governing body, following serious head injuries on the pitch. On 17 March,...

Defending a Legal Claim Against You

Cristina Parla
  • Posted
  • Author

We talk a lot about how we can help if you have suffered injuries and financial losses as a result of an accident that wasn’t your fault . But we receive a significant amount of enquiries from people who have received court documents through the...

Trustee Disqualification

Julia Seary
  • Posted
  • Author

The Charity Commission has used its legal powers to suspend and remove two individuals, who were trustees of The Suyuti Institute charity, for misconduct and mismanagement. This means they are disqualified from being trustees or from holding...

The Charity Commission Focuses on Charities Not Reaching Their Potential

Julia Seary
  • Posted
  • Author

The Chair of the CC, Baroness Stowell, yesterday spoke of the need for charities to continue to strive to live up to public expectations so that the sector can be a much-needed source of hope, identity and pride.  The Charity Commission is focused on...

Workers' Rights to Itemised Payslips

Desley Sherwin
  • Posted
  • Author

With effect from 6 April 2019, all workers (not just employees) will have the right to receive an itemised pay statement. This will include, for example, workers on zero-hours contracts. Employers are currently required to keep a sufficient record of...

Understanding the Role of an Executor

Chris Wilkes
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  • Author

End of life planning is something that we all have to do. As an individual, a will is arguably one of the most important documents we have to create, so it's worth taking the time to get it right and understand the different elements.   It is...

Charging Orders - An Effective Debt Recovery Tool

Martin Spencer
  • Posted
  • Author

So, you have an unpaid invoice, issued legal proceedings and obtained a county court judgment against your debtor. What happens next? It’s likely that if you have reached this stage, your debtor has not been particularly cooperative and you need to...

Adverse Weather and Travel Disruption Policies

Laura Hill
  • Posted
  • Author

Bad weather and issues with travel arrangements can cause significant amounts of disruption to a business and employers are often put in a position where they have to decide at the last minute what to do to adapt working arrangements to ensure that...

Automated Vehicles - Who Is Liable for an Accident?

Cristina Parla
  • Posted
  • Author

What would happen if you were involved in a car accident and it wasn’t you driving, but the vehicle itself? In November 2017 the Chancellor promised to have fully driverless cars in use by 2021. All drivers have a duty to other road users under...

Family Investment Companies

Lizzie Walters
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  • Author

It is often a frightening concept to give away hard-earned assets and lose control over them and this, together with concern over future cash flow, can be a barrier to putting assets into a trust or simply making gifts. One of the key benefits of a family...

What to Expect If Your Claim Is Defended

Catherine Rickett
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  • Author

So, you have an unpaid invoice, you’ve issued legal proceedings, and your debtor has defended the claim. What happens next? You’re now in the hands of the courts, which can be a worrying time if you’re not familiar with the procedure....

Brexit: What Does It Mean for Debt Recovery in the UK and Beyond?

Catherine Rickett
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  • Author

The good people of the United Kingdom could be compared with squirrels this autumn: stockpiling goods and cash ahead of the unknowns of another British winter and the imminent exit of the UK from the European Union. The deadline is 11pm on 29 March...

The Importance of Guardianship

Chris Wilkes
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  • Author

Considering the worst-case scenario is not always easy to do. However, when you have children it is important to think about who would care for them if the worst should happen to you. It cannot always be assumed that if the worst-case scenario occurred your...

Is Airbnb "Fairbnb"?

Robert Dempsey
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  • Author

To mark the 10 th  anniversary of Airbnb, Rob Dempsey of Roythornes Solicitors considers the legal issues surrounding this recent holiday phenomenon in the context of personal injury law . Airbnb has become an increasingly popular preference for...

Grain Contracts and Force Majeure

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In difficult years we are asked about the options available to farmers who cannot fulfil the deliveries they have agreed to in forwarding grain contracts. Below we take a look at the provisions of the Agricultural Industries Confederation Ltd (AIC) 1/16...

Pre-Nuptial Agreements and Post-Nuptial Agreements in Context

John Boon
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A nuptial agreement is an agreement in writing entered into by two parties prior to, or after, their marriage or entry into a civil partnership, which records how they wish their finances to be treated and distributed in the event that they should separate...

Review of GLAA Licensing Regime

Phil Cookson
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The Gangmasters and Labour Abuse Authority (GLAA) has recently launched a consultation on its Licensing Standards. Whilst the GLAA still covers the same regulated sectors (agriculture, horticulture, shellfish gathering and associated packaging and...

Getting Robotics Right: Implementation in Food

Martin Jinks
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The robotics industry is one of rapid growth and innovation within the food sector.  The benefits for productivity, health and safety and profit increase are definitely appealing, but it’s crucial that food businesses do not ‘run before they...

Companies House Gets Tough with PSC Non-Compliance

Julia Seary
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In its recently published 2018-2019 Business Plan, Companies House has set out its robust approach to companies not complying with their Persons with Significant Control (PSC) requirements. Since June 2016 UK companies have been required to hold an...

Five Ways Cyclists Can Protect Themselves

Robert Dempsey
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According to the Government, 3,806 cyclists were killed or seriously injured on Britain's roads in 2018. As concerns grow over cyclist safety on British roads, personal injury lawyer Robert Dempsey has shared his top five tips on the best ways for...

The Role of APR and BPR in Estate Planning

Ben Taylor
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As the dust settles following the Autumn Budget, in amongst the various documents released around the same time, HMRC published research on the use of Agricultural Property Relief (APR) and Business Property Relief (BPR), and taxpayers’ attitudes...

Letting to a Farm Worker - What Do I Need to Know?

Sarah Whitehurst
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We are still seeing examples of employers failing to serve the correct documentation before handing over the keys of a cottage to new farm workers. They think they are granting an assured shorthold tenancy (AST) and that they will be able to recover...

Nottingham Court Case Likely to Set a New Precedent

Cristina Parla
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The outcome of a case where a minor was injured falling into a collapsed manhole cover in Nottingham is likely to set a precedent for future cases regarding disputes on the maintenance of private land. Acting on behalf of the child, who cannot be named...

The Risks of Being a Sole Shareholder/Director

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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...

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 participants...

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...

Stamp Duty Land Tax and Partnerships

Ben Taylor
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The SDLT legislation applicable to partnerships (which includes partnerships under the Partnership Act 1890 and Limited Liability Partnerships under the 2000 Act) is, in my opinion, the most complex area of the entire SDLT regime. The effect of these...

The Annual Tax on Enveloped Dwellings and Mixed Partnerships

Ben Taylor
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Many of our clients have residential property held within a business structure for one reason or another. Mixed partnerships (i.e. partnerships of individuals and companies) are popular, particularly within the farming industry. Although ATED was brought in...

Child Contact and the Rights of Grandparents

Nick Ingrey
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Most grandparents have a close and loving relationship with their grandchild(ren). However, the sad reality is that their relationships are discounted following a relationship breakdown. Some grandparents are left with little or no alternative but to apply...

PGI, PDO and TSG - How to Protect Your Food Products

Lizzie Walters
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What protection is available? Protected Geographical Indication (PGI) - This is for products that are closely linked to a certain geographical area. If protected, at least one of the stages of production, processing or preparation will have to take place in...

Where Can I Divorce? Divorcing in the UK and Europe

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Many people are under the impression that they can only divorce in the country in which they marry. This is in fact a myth. Here, we look at the ability to divorce in an EU member state pursuant to “Brussels II Revised”. Brussels II Revised...

Supply Contracts - A Beginner's Guide

Mike Matthews
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So you have finally secured the deal with the large retailer to stock your food products. It will be plain sailing from now – massive orders, secure cash flow and national exposure for your brand. Right? Not necessarily, and in fact, for most...

A Not So 'Oregenol' Herb

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The UK food industry is facing yet another supply chain scandal, and while not on the same scale as ‘horse gate’, Bart’s Ingredients and Genius product withdrawals and now the ‘oregano’ food fraud (see The Grocer article here...

Protecting Your Brand

Lizzie Walters
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What is a brand? A strong brand helps distinguish a business’ products from its competitors’. It adds value to the business by enhancing consumer awareness and improving customer loyalty. A brand can be made up of many elements, including: A...

Definition of Permanent Pasture

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The Single Payment Scheme definition of permanent pasture has come under challenge in the EU Court of Justice. The SPS defines permanent pasture as “land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation...

Manorial Rights - Should You Be Worried About Them?

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Manorial rights are one of the more arcane aspects of land law, but that doesn’t mean they can be ignored, particularly with a Land Registry deadline for their registration looming. What are they?  Before 1926, in addition to freehold land and...

Intellectual Property for Food Products

Lizzie Walters
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Can you copyright a recipe? If your business has spent time and money developing a recipe or new product, you should be thinking about protecting it from competitors. But can you copyright a recipe and is this the best way to protect your work? In the food...

All Change at the Agricultural Land Tribunal

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Last month we saw the abolition of the Agricultural Wages Board in England. This month we have seen the demise of the seven agricultural land tribunals in England, specialist bodies known to few outside the farming community. Agricultural land tribunals have...

Abolition of the Agricultural Wages Board - Advice for Employers

Phil Cookson
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With those ten words section 72 of the Enterprise and Regulatory Reform Act 2013 brings to an end almost a hundred years of agricultural wages board history. The first boards were set up in 1917 in tandem with the introduction of subsidies for cereals...