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

Hannah Leese
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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The Welfare at the Time of Killing regulations 2015, to the First Tier Tribunal and then that decision is subsequently withdrawn or not relied upon by the Respondent...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

Daniel Skinner
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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
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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...

Notices following Death of a Tenant - Supreme Court refuses appeal against Gateway Housing v PRs of Mohammed Nuruj Ali & Delara Begum [2020] EWCA Civ 1339

Daniel Skinner
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The Supreme Court has refused permission to appeal against the Court of Appeal’s decision in Gateway Housing v PRs of Mohammed Nuruj Ali & Delara Begum [2020] EWCA Civ 1339. The case revolved around the problem of serving a Notice to Quit where...

Top 10 tips to consider before a business sale

Beth Wallace
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Selling a business is quite an undertaking and can often flag up issues or concerns that require additional time and costs to resolve. Beth Wallace and  Ollie Peckham have compiled a list of issues to consider in advance of a sale to help...

Administration of estates - Our practical solutions to impossible questions

Esther Woodhouse
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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?

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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
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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
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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
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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
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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
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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
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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
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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...

Joint ventures: An answer to the national housing crisis?

Shruti Trivedi
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It’s no secret that the UK is facing an extreme shortage of homes and a consistently rising cost of living. It has been reported that since 2010, the number of new government-funded social housing has fallen off a cliff. Even with schemes such as Help...

Self-driving cars - whose fault is it?

Anna Standen
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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
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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
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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...

What does the decision of the Supreme Court in FirstPort Property Services Limited v Settlers Court RTM Company Limited and others mean for leaseholders?

Bukola Obadun-Craigs
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Background   Unlike those living in freehold houses, flat owners need to consider the management of the building they live in and the surrounding communal areas. Historically, this management was solely the responsibility of the landlord, or in some...

Hope for secondary victims of clinical negligence claims?

Anna Standen
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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

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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...

Everything to know about the Right to Rent Scheme

Daniel Skinner
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Landlords in England of residential property must check whether a tenant, or lodger, is legally entitled to rent the property.  This was first introduced under the Immigration Act 2014. It was part of the Government’s “hostile...

Public Sector Equality Defences - Is there life in them yet?

Daniel Skinner
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Where a landlord is taking proceedings against a resident with a “protected characteristic”, two possible defences arise under the Equality Act. The first is the discrimination defence under s15 Equality Act where it is alleged the landlord is...

New proof of sickness time period - 17 December 2021

Laura Hill
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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
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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
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COP26 saw many countries pledge to take steps towards 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 real opportunity for solar to drive...

Government decide Inheritance Tax staying as is and Capital Gains Tax to be refined

Ben Taylor
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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
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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
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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
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The eagerly awaited Court of Appeal judgment in Hirachand was handed down last week. When this issue crops up on 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 are going...

The past, present and (possible) future of wills and probate?

Jak Ward
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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...

How developers can navigate biodiversity net gain requirements

Shruti Trivedi
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The government’s new Environment Bill proposes a range of ambitious measures to address biodiversity loss, responding to the need to halt species decline by 2030. While driven by an essential requirement to leave the planet in a better condition than...

Estate Administration: It's a matter of public record

Esther Woodhouse
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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
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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
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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
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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
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Why now is the ideal time to get your legal affairs in order 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...

What does the Environment Agency's new Regulatory Position Statement on the spreading of organic manure mean for farmers this autumn?

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

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

Ben Taylor
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Join us for our Family Investment Companies Masterclass webinar on 16 September - full details and registration here . There have been a number of changes in the tax environment over the last few years aimed at discouraging private ownership of second or...

Can a debtor overturn your County Court Judgment?

Catherine Rickett
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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
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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 & Enforce a County Court Judgment

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

Do you need to appoint an Authorised Representative to sell products into the EU?

Julia Seary
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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
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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...

Accidents at home

Cristina Parla
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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...

No-Fault Divorce Law delayed until 2022

John Boon
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It emerged last week that, despite the legislation having passed through Parliament a year ago, the planned reforms to the Divorce System in England and Wales, which were due to be implemented this Autumn, will now be delayed until at least 6 th April...

The fight against section 57 - fundamental dishonesty

Cristina Parla
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I 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
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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
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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...