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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...
When it comes to buying or selling your home, there are two important taxes to bear in mind: Capital Gains Tax (CGT) and Stamp Duty Land Tax (SDLT). Recent case law has highlighted arguably a growing difference in the approach to these taxes at HMRC in...
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...
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...
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...
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...
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...
Thinking of selling your home? Don’t get caught out by the latest changes to Capital Gains Tax from HMRC. In this blog, Carolyn Byrne highlights the key facts and explains who needs to be the most vigilant when it comes to future property sales. ...
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...
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...
As the school holidays approach, many people are busy making last minute plans to get some much needed sun. However, whilst you may be a parent or a person with care of a child, do you have the legal right to take them away? Many people, particularly...
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...
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...
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...
Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. Neil Denny, divorce lawyer in Nottingham, explains that “because pensions do not typically provide an immediate benefit, it can be...
With the Wimbledon tournament opening on the 1 July 2019 we have seen the emergence of a new £70 million roof on Court One. Not just creating an impressive appearance to one of the largest courts, this also allows for the games to be sheltered from the...
Every week, The Law Society invites law firms to take part in #solicitorchat on twitter 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...
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....
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...
DIY probate application Much has been written and spoken about the proposed hike in probate fees recently – likely to cost families, they say, £145m in the first year. ‘They’ say the reason for the increase is to modernise...
Bereavement is an emotive subject and certainly not something any of us likes to talk about but, sadly, it is an inevitable fact of life. When this actually happens to your family or a close friend there is undoubtedly nothing that can fully prepare...
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...
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....
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...
The Charity Commission has issued guidance to assist trustees 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...
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...
This article focuses on action 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...
Julie Robinson, head of our agriculture team, answers a question from a client. 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...
Julie Robinson, head of Roythornes Agriculture team, considers the implications for landowners and shooting syndicates of Natural England’s revocation of general licences 04/05/06. As of 25 April 2019 anyone shooting the species of wild birds...
On 9 April 2019 the Justice Secretary, David Gauke, announced that the Government would introduce legislation, as soon as possible, to allow married couples to divorce without blaming the other party for the breakdown of the marriage/civil...
By Kelly Willows and Michelle Moore The Government has announced plans on to scrap Section 21 notices in order to protect tenants from unethical landlords and to give them more long-term security. What is the current law? Landlords in England can...
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...
The recent (6 March 2019) High Court decision of Green Deal Marketing Southern Limited v Economy Energy Trading Limited and Others has a number of interesting facets, but arguably its greatest contribution is in relation to the question of how to value an...
In this short article, our Head of Agriculture , Julie Robinson, takes a look at what happens to UK farmers’ right to direct payments under the CAP if we leave the EU without a deal on 12 April. If the UK leaves the EU without a deal on 12...
It does not seem that long ago that we were frantically preparing for our first ever attendance at MIPIM, but having just attended the third consecutive year, it is noteworthy to compare our experiences over the recent years and to monitor what, if any,...
Following Elizabeth Young’ s blog back in November 2018 , an increase in fees for applying for a grant of probate is still expected - but not for a least another 21 days. So, in preparation, what will this mean for executors making an application...
Much of my time is spent advising on Inheritance Tax (IHT) and the ways in which people can reduce their liability. After all, IHT is very often viewed as a voluntary tax as there are legitimate ways in which the liability can be reduced and, in some cases,...
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 of...
After weeks of “training” for the London half marathon the weekend of the race finally arrived. The Friday before was not ideal preparation. A routine dental check- up resulted in 3 mouth numbing injections and a filling. It dawned on me I...
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...
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 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...
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...
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...
On the 10th of March I’ll be running around London in a half marathon - more specifically, the bit around the Thames that you see at the end of Eastenders. The reason? To raise money for the charity Action Against Medical Accidents or...
From 18 February 2019 armed forces veterans will receive an ID card which will help them access specialist support and services. The new ID cards will be issued to veterans leaving the military since December 2018. The Ministry of Justice has...
On 12 February, the Tenant Fees Bill 2017-2019 received royal assent and became the Tenant Fees Act 2019 . This legislation, when it comes into force on 1 June 2019, will apply to tenants and prospective tenants of Assured Shorthold Tenancy Agreements and...
Since 2017, HM Courts and Tribunal Services (HMCTS) have offered an online service enabling individuals to apply for a grant of probate in a deceased’s estate, providing certain criteria were met. HMCTS have now updated the system, now allowing...
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 co-operative and you need to...
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...
