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Cyclists and the highway code review

Robert Dempsey
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In light of the government announcing a review of the highway code in an attempt to reduce road casualties, we wanted to highlight an article written last year by Rob Dempsey discussing the 'dutch reach' practice. Recent figures from the...

OTS reviews Inheritance Tax

Ben Taylor
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In February I wrote about the importance of reviewing your will and, in particular, about the need to stay on top of changes to the tax regime which might affect your estate planning (for those who missed it you can read it here ). As we near the 2018...

Should relatives be allowed to enter civil partnerships to benefit from Inheritance Tax exemption?

Naomi Liston
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In the days of ever increasing property values, but where the amount a person can pass to anyone free from Inheritance Tax on their death has been frozen for almost 10 years, should we be looking to protect the assets of those co-dependent on one...

Spectator injuries: who is liable?

Robert Dempsey
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A terribly sad story came out of the recent Ryder Cup Golf Tournament.  A spectator, Corine Remande, was blinded in one eye as a result of being hit by a ball played by Brooks Koepka. In the UK, it is accepted that competitors in sporting events owe a...

Network Rail Infrastructure Ltd v Williams and Waistell Japanese knotweed - who is liable and for how much?

Michelle Moore
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The Court of Appeal has recently handed down a decision regarding the encroachment of Japanese knotweed onto Mr Williams’ and Mr Waistell’s bungalows from a Network Rail track.  Japanese knotweed costs the UK annually between £160m...

De-linked payments, the agricultural transition and planning for uncertainty

Julie Robinson
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In the absence of further clarity from Defra, land purchases and other transactions involving the restructuring of farm businesses will inevitably be dogged by uncertainty about the basis for de-linked payments. Our Head of Agriculture, Julie Robinson,...

Things you need to think about when making a will

Naomi Liston
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Having met with clients to discuss their wishes and concerns and to take will instructions over a number of years, the same or similar initial questions often come up.  What is a will? A will is a legal document which takes effect on death.  A...

Six top tips to keep the cash flowing

Catherine Rickett
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Trying to keep a continuous cash flow when running a small to medium enterprise is incredibly hard. You are often so busy trying to find and retain valuable staff members, attracting and keeping clients, and dealing with all of the bureaucracy that...

FAQs : Welfare attorneys

Gemma Hopper
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I regularly advise health and welfare attorneys on their duties, and it’s quite apparent that the same concerns come up time and time again.  Planning for later, or even end of life is difficult, so below are some answers to the questions...

No such things as "next of kin": the ever growing importance of Health and Welfare Lasting Powers of Attorney

Naomi Liston
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The concept of “next of kin” is often misunderstood and misinterpreted.  Contrary to common belief,  “next of kin” only exist on death and are those who would inherit if the person in question died without leaving a valid...

Promises, promises...and the family farm

Julie Robinson
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Promising your farm to one of your children is fine as long as you find a way to deliver. In this blog, we take a look at some recent “proprietary estoppel” cases where the courts have upheld claims to the family farm. There are few areas of...

Charity data breaches and electronic communications

Julia Seary
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During the last 12 months there have been around 150 data breaches reported to the ICO regulator; to put it in perspective this equates to a 100% increase in just two years. Like it or not, all charities must comply with the GDPR; there are minimal...

Packaging - the drivers, the pressures and the future

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The following guest blog is by Paul Jenkins.  Paul is Managing Director of ThePackHub , and will be guest speaker at our next Food Business Breakfast on 15 November.  If you would like to join us at the Breakfast, full details and free...

Is Airbnb "fairbnb"?

Robert Dempsey
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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 people...

Four key ways to recover your debt

Catherine Rickett
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You’ve issued proceedings and have secured judgment against your debtor, but how can you actually get your money back? Here, we consider four different methods of enforcement and how being more aware of the situation your debtor is in can help you...

Major trauma centres a major success?

Robert Dempsey
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Restructuring of the NHS by governments of any persuasion can often arouse suspicion amongst the general public. However, a report published this month (August 2018) examines relatively recent changes to the NHS with apparent obvious benefits.  In...

The robots are coming...eventually

Mark Dodds
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If you listen to the headlines you will be forgiven for believing that we will all be replaced by robots within the next few years. But how does the reality compare with the hype and how well has the food sector embraced this emerging technology? As we...

Jeddi v Sotheby's and others: a reminder of the risks of oral agreements

Emily Kelvey
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It is an all too familiar narrative starting with a person claiming to have fallen out with a business partner, supplier or contractor and not knowing what to do next. It inevitably turns out that neither party saw the need nor had the inclination to...

Statutory Wills - frequently asked questions

Gemma Hopper
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I recently assisted a deputy in making a Statutory Will for his brother, ‘Stephen’. The deputy making the application was the sole beneficiary under intestacy and did not agree that this was in his brother’s best interest.  Stephen...

How does Nestlé bounce back after KitKat case?

Lizzie Walters
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The latest blow to Nestlé in its battle to trademark its KitKat product will perhaps come as little surprise to those of us within the legal profession; we’ve seen Nestlé and its bitter rival Cadbury lock horns numerous times in the past,...

Grain contracts and force majeure

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

Prevention is better than the cure when it comes to debt recovery

Catherine Rickett
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Whilst some current issues are out of everyone’s control, i.e. Brexit, what is vital in this difficult time is having a sound credit control system. We understand that you may have had the same clients for years, and agreements may well be...

Who has the legal rights to your social media and online 'assets' after death?

Nadine Wealands
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Electronic devices are used every day for more than just communication: we use them as a place to create and store documents, listen to music, read books and watch movies. We have social media accounts to share our pictures and videos. We buy and sell...

Supreme Court Judgment in Owens v Owens published today

John Boon
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The Supreme Court today handed down its judgment in the long-running case of Owen v Owens.   The case concerns a married couple, Mr and Mrs Owens, who were married in 1978.  They have two adult children.   Mr and Mrs Owens separated...

Potato supply contracts, drought and force majeure

Julie Robinson
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The prolonged period of exceptionally hot, dry weather following a wet spring means that some potato growers will struggle to fulfil forward supply contracts. Force majeure clauses may offer some relief but will need to be checked carefully and appropriate...

Walk this way - a landowner's guide

Sarah Whitehurst
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Although you might consider walkers being allowed to cross your land to be a minor irritation, visitors to your area are a source of income and are not to be sniffed at.  Generally, the type of person who walks for enjoyment is also the type who would...

"Animals are the main cause of fatal farming incidents"

Helena Oxley
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Living and working in a farming community, we have close client and personal connections to the agricultural sector. The enjoyment and safety of living and working in this sector is therefore something in which we, as individuals and as a law firm, have a...

Pre-nuptial agreements and post-nuptial agreements in context

Victoria Hope
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What is a nuptial agreement? 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...

Accidents whilst abroad should not be ignored

Cristina Parla
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Travel claims are a recurring feature on the news, often for all the wrong reasons. We recently took part in a Q&A on #SolicitorChat hosted by The Law Society on Twitter, themed around this controversial topic. Here are some popular travel claim-related...

It's coming home: a personal injury blog

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In the spirit of our Green Awards, Roythornes’ Summer Vacation Scheme participants Sam and Nick have “recycled” our previous sports' blog to give it a World Cup fever feel.  “But it’s a man’s game ref!”...

Reviewing your will - your executors

Ben Taylor
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In the last couple of months, I have written about the importance of reviewing your will to ensure it is up to date with your personal and financial circumstances, but also in light of any changes to the tax environment. Over the weekend, the importance of...

Self-employed or a worker?

Laura Hill
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The Supreme Court has handed down its long awaited judgment in Pimlico Plumbers v Gary Smith in a case which has potentially huge ramifications for freelance workers and employment law generally. Mr Smith brought several claims in the Employment Tribunal in...

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...

Action for Brain Injury Week 2018

Cristina Parla
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To mark the final day of Action for Brain Injury (ABI) Week 2018, the team wore their #HatsForHeadway in support of the popular Twitter campaign led by Headway, the brain injury association. The campaign aimed to raise vital funds for the charity and...

The five things you need to know about the changes to the MOT test

Cristina Parla
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The Driver and Vehicle Standard Agency (DVSA) will introduce changes to the MOT test on 20 May 2018.  The changes will affect cars, vans, motorcycles and other light passenger vehicles Here’s what you need to know: Categories will evolve from a...

GDPR: what you need to know

Julia Seary
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The General Data Protection Regulation (GDPR) is new legislation which will impact nearly all organisations across Europe from 25 May.  The regulation has been introduced in order to strengthen current personal data privacy laws and put all European...

Capital Gains Tax: payment on account for residential property gains

Rhiannon Coleman
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HMRC have recently published a consultation document about their proposed changes to the calculation and payment of capital gains tax (CGT) in relation to the disposal of residential property – but, practically, what might this mean for taxpayers? CGT...

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

Emily Kelvey
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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...

Timely service of Gas Safety Certificates essential for new ASTs

Sarah Whitehurst
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Since the introduction of new legislation and regulations in respect of Assured Shorthold Tenancy Agreements (ASTs) in England as of 1 October 2015, landlords have had to comply with a series of prescribed requirements which must be satisfied at the...

Six lessons from a first time buyer

Faith Horne
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People always talk about how stressful buying a property is, particularly so if you’re going it alone as I am. Like many first time buyers the rose tinted spectacles were firmly attached to my nose before that first viewing … Lesson 1: remove...

Permitted development rights- what, and how much, is changing?

Shruti Trivedi
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It will not be the first time, and undoubtedly not the last, that permitted development rights are offered by the Government as one of the measures allowing a quick and ready solution to the ongoing issues we face with housing in the country.  On 12...

Not just all glitz and glamour - MIPIM 2018

Shruti Trivedi
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It seems rather surreal writing this in the week after returning from MIPIM, and subsequently reflecting upon our experience there this year, the second for Team Roythornes.  Those of you who read the pre-MIPIM blogs that my colleagues and I penned, may...

Your whistle-stop guide to claims for sports injuries

Robert Dempsey
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To mark the last day of Sport Relief 2018, Rob Dempsey of Roythornes Personal Injury department carries out a whistle-stop tour of the relevant points surrounding personal injury claims in sport. “But it’s a man’s game ref!” The...

Notifications to ACAS for early conciliation have gone up by 500 per week since the fees ruling

Laura Hill
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Since it was ruled that fees in the Employment Tribunal are unlawful and were abolished in July 2017, notifications to ACAS have increased from around 1,700 per week to 2,200. There has also been a recent report from the Ministry of Justice which showed...

A failure to respond to worsening road conditions still costs local authorities in the long run

Robert Dempsey
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The latest Annual Local Authority Road Maintenance Survey (ALARM), compiled by the asphalt industry has been published today (20 March 2018). The analysis of last year’s figures by Rob Dempsey of Roythornes Personal Injury department could be...

Five ways cyclists can protect themselves legally

Robert Dempsey
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According to the Government, 3,430 cyclists were killed or seriously injured between October 2015 and September 2016; this marks a seven per cent increase on the 2010-2014 average. As concerns grow over cyclist safety on British roads, personal injury...

Gender differences still persist with personal injury claims

Helena Oxley
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Whilst arguments surrounding gender inequalities may be more apparent in other areas of law, such as employment, the calculation of damages in personal injury claims for men and women is a particular issue where inequality still lies and presents a clear...

Musings before MIPIM 2018

Shruti Trivedi
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It is a time for both review and reflection as I look forward to MIPIM 2018, a year on from our first ever foray into the world of MIPIM, both for me and my colleague, Jo Ladds - personally as well as for us as a company. It is interesting to sit back and...

Reviewing your will

Ben Taylor
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In December I wrote about the research into the use of Agricultural Property Relief and Business Property Relief , the aim of which was to help HMRC to understand how people utilise these reliefs in estate planning. Following this, on 19 January,...