Blog
Time Limits for Claims under the Inheritance Act 1975
By Isabel Williams, Solicitor specialising in Dispute Resolution The Inheritance (Provision for Family and Dependants) Act 1975 allows certain close relatives to bring a claim against a deceased person’s estate...
Protecting yourself with a Lasting Power of Attorney
By Charles Fraser, Senior Solicitor and Head of the Older and Vulnerable Client team. Clients often want to ensure that in the event that they are no longer able to...
By Chris Pease, Joint Senior Partner, Head of the Private Team and Head of Residential Property With house prices at the level they are, buying a property on your own...
Clarifying maternity and paternity rights
By Miranda Mulligan, Solicitor specialising in Employment Law Qualifying employees and workers benefit from certain rights in relation to maternity and paternity leave which are explored below. There are also...
Challenging a Will: assessing a claim for insufficient provision
By Lauren Mackenzie, Senior solicitor specialising in Dispute Resolution and Mediation. Following on from the last article, it is important to consider the criteria that the Court will need to take into...
First Time Buyer? What do you need to think about?
By Chris Pease, Joint Senior Partner, Head of the Private Team and Head of Residential Property. First of all, make sure that you can afford it! Planning your budget is...
By Richard Gvero, Joint Senior Partner, Head of Commercial and Head of Employment The festive season is fast approaching and many businesses will be arranging Christmas parties for staff. These...
Feathering new nests for fledglings
By Karen Fletcher, Senior Solicitor specialising in Residential Property Exam results have been released and university terms have now started.It should be plain sailing from here on in for the...
By Richard Horwood, Partner and Head of Private Client The role of an advisor to family businesses, in the context of succession planning, has a tendency to be very varied...
Challenging a Will: when insufficient provision has been made for an individual
By Lauren Mackenzie, Senior solicitor specialising in Dispute Resolution and Mediation. As indicated in the previous blog on this topic there are two scenarios in which a Will can be...
Debtors – to Sue or to Petition?
By Nat Young, Senior Solicitor specialising in Insolvency and Dispute Resolution If you have problem debts, the obvious solution is to sue. First, you send a letter of claim. Then...
Challenging a Will: when it is invalid
By Lauren Mackenzie, Senior solicitor specialising in Dispute Resolution and Mediation. There is ever increasing appetite for individuals to consider challenging the terms of a Will, and at the same...
How to Handle a Grievance: 5 Steps
By Miranda Mulligan, Solicitor specialising in Employment law Grievances are a commonplace occurrence in many businesses. Whilst many issues can be resolved informally the grievance process provides a mechanism for...
By Nat Young, Senior Solicitor specialising in Insolvency and Dispute Resolution In business, determination is normally a virtue. However, if a company hits hard times, there are risks with just...
Developing an IP Strategy – A Guide to the Basics
By Rina Sond, Partner specialising in Company Commercial and Intellectual Property With the average IP assets of a business being around 80%, it is vital for businesses to know and...
Owner Managed Businesses and Corporate Governance
By Daniel Burns, Partner and Head of Company & Commercial Corporate governance is intended to increase the accountability of a company and to help avoid disasters before they occur.There are...
‘Never put off till tomorrow what you can do today’ said Lord Chesterfield, the eighteenth-century statesman. Wise words; and no doubt admired, until Oscar Wilde put his own stamp upon...
Partnership Agreements: An Essential Tool for Farmers
There are a large number of farming partnerships in existence in England and Wales.These usually arise organically as many farming businesses tend to be family run. This is because a...
Farming Families and Succession Disputes
With agricultural land covering over 70% of the UK, there is plenty of scope for disputes to arise over its ownership. Indeed, family disputes over the inheritance of farms are...
IR35 changes to off pay-roll working in the private sector
By Richard Gvero, Joint Senior Partner, Head of Commercial and Head of Employment The Government has recently announced tax-related changes to off pay-roll working in the private sector, governed by...
With the summer heatwave past us, and Selfridges having now opened up their Christmas Shop, all eyes now seem to be on the festive period.Mad I know, but don’t be...
Focus on… shareholders’ agreements
By Rina Sond, Partner specialising in Company Commercial and Intellectual Property When incorporating a company, it is easy to overlook the possible need for a shareholders’ agreement.A shareholders’ agreement can...
Focus on…partnership agreements
By Agata Rumbelow, Senior Solicitor specialising in Company & Commercial. The term ‘partnership’ describes a relationship between parties carrying on a business in common with a view to profit.Despite the...
Landlord and Tenant Act 1954 Part IV
What is my status if I have remained in occupation following the expiry of a contracted-out lease? If the landlord is not taking active action to demand possession of the...
The duties and obligations of financial disclosure.
If you are applying for a divorce or dissolution of your civil partnership, then you will also need to sort out the financial arrangements between you and your partner. There...
Farming Families and Succession Part 2
Following on from my previous article, if, as a farm business owner, your intention is to only pass on the farm after your lifetime, then you need to think carefully...
“It’s not personal, it’s strictly business”
Over the years, I have observed that it is very common in family businesses for family members to hold the key positions. Sometimes, merit plays no part in the appointment....
Landlord and Tenant Act 1954 Part III
Option to renew a “contracted out” lease Nothing in the Landlord and Tenant Act 1954 states that including an option to renew in a “contracted out” lease is prohibited. The...
Inheritance Tax: New Recommendations from the Office of Tax Simplification
Inheritance tax is, on the face of it, a fairly simple tax to apply.If the value of your estate at the date of your death exceeds your available allowances, tax...
What fees can landlords and letting agents charge?
From the 1 June 2019, the Tenants Fees Act 2019 (“the Act”) prohibits landlords or agents charging fees to tenants in England unless it is specifically permitted under the Act....
Farming Families and Succession Part 1
Many farming families find the issue of succession planning a difficult balancing act to achieve.There are often competing interests, uncertainties and factors beyond an individual’s control that can lead to...
Challenging the validity of a will
There appears to be an ever-increasing appetite for individuals to consider challenging a will.At the same time, there is understandable concern by those preparing wills that their will may be...
Longmores Rural Roundtable – Promotion Agreements
Rachael Spalton and Victoria Sandberg of Longmores Solicitors’ Commercial Property team recently held a “Rural Roundtable” with fellow professionals to discuss Promotion Agreements. Promotion Agreements are a relatively new way...
Financing Your Lease Extension
Many tenants commence the process of lease extension, whether pursuant to the Leasehold Reform, Housing and Urban Development Act 1993 or by voluntary agreement with their landlord, without having a...
The Top 5 Reasons to Trade Mark your Brand
By Rina Sond, Partner specialising in Company Commercial and Intellectual Property Businesses often ask why they need to bother trade marking their brand name or logo. There are a number...
The government is running an open consultation until 5 August 2019, on reforms to Companies House and its register. The reforms will focus on limiting the risk of misuse of...
There appears to be an ever-increasing appetite for individuals to consider challenging a will.At the same time, there is understandable concern by those preparing wills that their will may be...
According to current statistics over 850,000 people in the UK are living with dementia, and an estimated 1 million people will be living with dementia by 2028. Many people will...
In a recent conversation with a friend she described how her uncle was suffering from depression.“But there is nothing wrong with him” had said her aunt. Clinical depression is an...
The 5 Essential Things to Do when Naming your Business or Brand
By Rina Sond, Partner specialising in Company Commercial and Intellectual Property When thinking of a new name for your business or brand, there are a number of points to consider....
The end of no fault evictions?
The government has just announced proposals to end the process by which residential landlords can terminate tenancies without specifying any fault on the part of their tenant. At present, after...
As part of our commitment to helping clients who are older or vulnerable, we wanted to raise the awareness of Parkinson’s disease. Parkinson’s was discovered in 1817 by a British...
New divorce law to end the ‘blame game’
The Government have today announced that divorcing couples will no longer have to blame each other for the breakdown of their marriage. The move follows a public consultation where family...
Landlord and Tenant Act 1954 Part II
The procedure for “contracting out” The notice The warning notice must be in the prescribed form and served on the tenant (by the landlord or its solicitors) or in case...
Succeed with Succession Planning
We are hosting a family business seminar on Friday 5 April 2019 in collaboration with Herts Chamber and in anticipation of that I have prepared this brief article summarising the...
Although the General Data Protection Regulation, or “GDPR”, came into force last year (implemented by the Data Protection Act 2018) many businesses and organisations are still grappling with the implications...
By Miranda Mulligan, Solicitor specialising in Employment Law The Government has published its “Good Work Plan” which sets out employment law reforms on the horizon. This follows Matthew Taylor’s review of...
Are you ready to employ a carer directly? The legal issues to consider
By Richard Gvero, Joint Senior Partner, Head of Commercial and Head of Employment. Many care recipients are moving away from care agencies, and hiring carers directly to ensure consistency of...
What is the gender pay gap? It is the difference between the average hourly earnings of men and women. Since 2017, under the gender pay gap information regulations large private...
End of Tax Year – Inheritance Tax
The 5th April, the end of the tax year for individuals will soon be upon us.If you have not already considered reviewing your affairs with a view to utilising the...
Completion accounts in share and asset purchase transactions
A key feature of share and asset purchase transactions is formulating a mechanism for determining the purchase price payable by the buyer for the target shares or assets.Often, the purchase...
Local Authority funding thresholds for care remain the same for ninth consecutive year
Most people are aware that should they need care when they are older and not be in a position to fund it themselves, then the local authority are likely to...
It is becoming increasingly common that employees want to strike the appropriate work/life balance.The law now provides that qualifying employees can ask their employers to consider a request for flexible...
How to achieve a ‘Good Divorce’
This heading may seem a contradiction in terms, at such an emotional and difficult time, but if the parties can see their way to managing their expectations, and exiting a...
You may remember back in 2017 that the Government suddenly dropped plans to increase Probate fees prior to the election, however, now, it appears the cost for getting Probate is...
Business Protection Cross Option Agreements
The fallout that can result from the death of one co-owner of a business is something that all business owners should carefully consider. Such circumstances can quickly escalate into potentially...
Disability Discrimination: A Cautionary Word
A recent case (Lamb v The Garrard Academy) reminds employers of the need to be more pro-active in assessing whether an ill employee may be disabled for the purposes of...
Planning a romantic Valentine’s Day proposal? Think Pre-Nup!
Valentines is a time of romance for many, when couples show their love and affection for each other by exchanging cards and gifts. For many, it will also be the...
By Daniel Burns, Partner and Head of Company Commercial This article looks at common contract terms and explains their use in many contracts. Parties One of the first things that...
Things to consider if you are selling your pharmacy
Whether you are selling a pharmacy for the first time or making some changes to your existing portfolio Agata Rumbelow, Senior Solicitor specialising in Company & Commercial law, suggests three...
Giving to charities in your will
When giving to charities in your will, there are three things that are useful to know. Charles Fraser, solicitor in our Private Client team, explains the practicalities behind these points....
The Office of Tax Simplification (“OTS”) was asked in January 2018 to review Inheritance Tax.It has now published the first part of its report and the second part is expected...
Divorce D-Day: fact or fiction?
For many years there has been suggestion by the media that there is an official ‘Divorce D-Day’.There have even been attempts to pin an actual date to this, such as...
Uninsured risks – who is to repair?
Most leases will require the landlord to insure the property with a reputable insurer to the reinstatement value of the property, together with loss of rent for, typically, three years....
Landlord and Tenant Act 1954 Part I
What does a “contracted out’ lease mean? Part II of the Landlord and Tenant Act 1954 (‘the 1954 Act’) applies to all commercial leases. It gives the right to commercial...
Inheritance tax a new approach? Guidance to Attorneys in relation to lifetime gifting
Being a Deputy or Attorney can cause difficulties if you find yourself having to wear different hats: the first as the relative of the incapacitated person and the second as...
By Daniel Burns, Partner and Head of Company Commercial The phrase “doing your due diligence” has become something of a well-known phrase, usually taken to mean that you should carry...
Inheritance tax a new approach? The impact of death on gifts
It’s a fairly well known principle that, provided you ensure that you retain no benefit in the asset you give away, after seven years the value of the gift washes...
Codicils: What are they and when might you need one?
A Codicil is a document which amends your Will.Rather than preparing a completely new Will, you can have a Codicil prepared which will be read alongside your Will upon your...
Inheritance tax a new approach? Discretionary trusts
In part 1 of this series, we raised the issue of Discretionary Trusts as lifetime planning instruments. Many people’s Will contain a trust of one sort to another, often in...
Landlords consent to alterations
Landlords and management companies who are asked to consent to the alterations that a leaseholder intends to undertake must now be careful not to fall foul of the ruling of...
Inheritance tax a new approach? Gifts from your surplus income
Following on part 1 of the series by my colleague Alastair Liddiard, this blog looks at one of the most under used gift allowances which can be one of the...
Inheritance tax a new approach?
As a member of the Commission on Economic Justice, Justin Welby, the archbishop of Canterbury has recently been in the news discussing a report it has released which takes in...
Key considerations when getting your business ready for sale
Whether you are looking to retire, or simply looking to sell your business and start a new venture,it is sensible to start planning well in advance of an exit. Good...
What are company’s articles of association?
By Daniel Burns, Partner and Head of Company Commercial In England and Wales, all companies must – by law – have a set of articles of association (also known as...
Are we finally heading for “no fault divorce?”
There has been a lot of talk lately regarding “no fault divorce”. The current law governing divorce in England and Wales is the Matrimonial Causes Act 1973.The law was made...
Supreme Court confirms Pimlico Plumber is a worker
By Miranda Mulligan, Solicitor specialising in Employment Law The judgment in the Pimlico Plumbers case in June 2018 is the first Supreme Court ruling on employment status in Britain’s growing...
Appointing and removing a company director
By Daniel Burns, Partner and Head of Company Commercial Every limited company has a number of positions that must be filled by law. A company must have at least one...
Over the past few years there have been a number of cases, the most recent of which is James v James, involving farming children resorting to Court action to try...
How can businesses prepare for Brexit?
The commonly quoted “If you fail to plan, you plan to fail” comes to mind when thinking about Brexit. With only 6 months to go before the UK’s official exit...
Things you need to know about lease extensions
When it comes to extending their leases, many tenants are faced with the dilemma – accepting the landlord’s offer for a lease extension outside of the parameters of the Leasehold...
Brexit and the impact on farm payments
Defra has just published a blog about the impact on farm payments if no Brexit deal is made. This is obviously a very unsettling time for farmers, many of whom...
Inheritance tax reaches £5.2 billion
Figures recently released show that HMRC received a record of £5.2 Billion Inheritance Tax in the last tax year.This represents an 8% increase in comparison to the year before.This increase...
What can you do when a loved one loses capacity?
Loss of capacity can be gradual or sudden depending on the reason for it.Your loved one could be suffering from early stage dementia and the signs might be quite clear....
In this continuing series of blogs on IP, this blog focusses on the concept of patents. What is a Patent? A Patent is a form of intellectual property which gives...
Gas safety certificates and section 21 notices
In the recent case of Caridon Property Ltd v Monty Shooltz the County Court has ruled that a landlord of assured shorthold tenancy who failed to provide a gas safety...
Joint tenants or tenants in common
Joint tenants or tenants in common?That is the question often asked when two or more people are purchasing a property in joint names. Whilst it may be a question asked...
There has been much talk of banning letting agents’ fees over the last couple of years, but the Government has now put its money where its mouth is and published...
An introduction to design rights
In this continuing series of blogs on IP, this blog focusses on the concept of design right. What is a Design Right? Design rights protect a product’s visual appearance –...
The Court of Appeal in Network Rail Infrastructures Ltd v (1) Williams and (2) Waistell [2018] EWCA Civ 1514 made a landmark ruling on 3 July 2018 concerning Japanese Knotweed....
By Daniel Burns, Partner and Head of Company Commercial Have you recently set up a new company with friends or family? Do you run an existing long-standing company?If the answer...
The benefits of using written terms and conditions
By Daniel Burns, Partner and Head of Company Commercial It can be tempting, especially for new, eager businesses, to start trading immediately without using any written terms and conditions or...
Commercial Property replies to enquiries
On almost every sale or lease of commercial property (whether that be offices, a shop, warehouse or farm etc.), the buyer’s solicitor will ask the seller’s solicitor to provide replies...
Make sure your privacy policy is GDPR compliant
By Daniel Burns, Partner and Head of Company Commercial If you have an email account, you will most likely have received a deluge of emails from various organisations directing you...
Voluntary registration of land
The land registry was first set up in 1925, as a central register of land ownership. At that time it was not compulsory to register dealings with land in all...
Are you a director of a company? How well do you know the extent of your duties under company law? A director of a company owes various duties to that...
In this continuing series of blogs on IP, this blog focusses on the concept of copyright. What is copyright? Copyright is essentially that – the right for your work not...
Letting your barn out for commercial purposes
A lease or a licence? If you let your barn using what you believe to be a simple licence agreement, then you should be aware that you may have inadvertently...
Inheritance tax: a time for reform
In April the think tank Resolution Foundation published a report stating that Inheritance Tax is “unfit for modern society” and should be abolished.This is not the first suggestion for IHT...
Consent orders v separation agreements
“Can I have a Separation Agreement and is it cheaper than a divorce?” This is a question that I have been asked on many occasions.Some potential clients ask if it...
The Silver Rebellion: Marriage and divorce on the increase for those aged 65 and over The Office of National Statistics [‘ONS’] has published a marriage data survey reporting a distinct...
How can I ensure that my trade mark has the best chances of being registered ? In order to be registered, a trade mark must be capable of graphic representation,...
The Modern Slavery Act 2015 was introduced to increase the transparency of big businesses with turnover of £36m per year and adds additional reporting obligations on these businesses. The Act...
Who should lead your next business negotiation?
When entering in to any negotiation (or any dispute), it is tempting for the lead negotiator to try to decipher the objectives and motivation of their opposite number.That exercise will...
The basics of intellectual property (IP)
Over the course of the next few blogs, we shall be exploring the different forms of intellectual property available in the UK, with each blog focusing on a different type...
25th May is fast approaching and GDPR will then really be here! Employers have been losing sleep over this new legislation but maybe they have been overreacting.Yes, the law is...
Reviewing your affairs is it time for spring clean?
Spring has sprung and although it appears that we are periodically being plunged into Siberian Winter, this is the traditional time when people turn out their cupboards, rifle through their...
Companies limited by guarantee
By Daniel Burns, Partner and Head of Company Commercial Types of Trading Vehicles – Companies Limited by Shares There are several different types of trading vehicle that a business may...
If you are in a relationship and are not married then if a partner dies the survivor would not receive any automatic provision from the deceased’s estate. Assets held in...
An overview of the surrender of a head lease for landlords and tenants
The general rule is that a lease may only be terminated during the term of the lease if the lease contains a tenant’s break clause. If it does not, the...
What a good family lawyer can and can’t do for you during a divorce
The process of divorce or separation can be deeply emotional and stressful for all involved. But it doesn’t have to be. A good family lawyer will help you through the...
Does your property comply with the upcoming Energy Performance Certificate regulations?
From 1 April 2018, landlords will not be able to rent out their commercial properties if they do not meet a minimum energy efficiency standard (MEES). The reason for this...
Wills and Cross Option Arrangements
I often work in conjunction with my colleagues in our Company Commercial team, particularly for business owners who are thinking about their own Wills and Inheritance Tax planning.The most frequent...
The differences between conditional contracts, option agreements and pre-emption agreements
When selling or buying land, you might hear the terms “conditional contract”, “option agreement” or “pre-emption agreement”. Whilst these all essentially involve the sale of land from a seller to...
I work in our Private Client Department and manage older and vulnerable clients’ affairs.This position has made me realise how difficult it is for clients who do not have family...
How short does my lease need to be before I get it renewed?
Generally speaking these days if you own a flat and the remaining length of the lease is anything less than 75-80 years then you should consider extending the length of...
It is almost 20 years since I last spent any time studying the Partnership Act 1890 and if anyone had any questions on that topic I would direct them to...
In the current climate you may wonder why it is still appropriate to consider preparing a Trust.In recent times the compliance associated with trusts has become even more burdensome. Previously...
Many of my clients have business interests, which need to be considered at the time of preparing a Will.Such interests may be in the form of a shareholding in a...
Dismissal – unfair and otherwise
A question which is often asked by a lot of employees and employers is whether or not an employee with less than two years’ service can be dismissed without following...
Building an extension? Think about covenants!
Generally speaking these days when a developer builds a new housing development he will include in the conveyancing documents things known as “restrictive covenants”.Basically these are rules about how the...
Preventing disputes: a real way to help your business thrive
Prevention is better than cure.The adage is well known and applies to many situations, including dispute resolution.There are a great number of disputes that most likely could have been avoided...
In my previous blog New Data Protection Regulation is upon us, I wrote about the start of the implementation process of the new General Data Protection Regulation (GDPR). At that...
The abolition oftribunal feeslast July has resulted in a sharp increase in employment tribunal claims. So employers are well advised to tread carefully. One misconception that can result in unnecessary...
The Office of Tax Simplification has provided details of the scope of its review for the current Inheritance Tax system, and whether and how, it might be simplified.They have advised...
What is a settlement agreement?
Settlement agreements (previously known as “compromise agreements”) are common place but not always fully understood.So, exactly what are they?Put simply, they are a contract between an employer and employee which...
Planning a romantic Valentine’s Day proposal? Think Pre-Nup!
St Valentine’s Day is a time of romance for many, when couples show their love and affection for each other by exchanging cards and gifts. For many, it will also...
Can flat dwellers keep dogs? It depends. As with so many questions concerning flats, the answer is normally in the lease. It may contain an absolute prohibition on pets, in...
The importance of taking advice when acting under a Lasting Power of Attorney
I was asked for some advice recently by an Attorney who was acting on behalf of her mother, Marjorie, who no longer had capacity to manage her own affairs. The...
It is the question that everyone asks and lawyers always find really difficult to answer.Everyone seems to know that the conveyancing process can be slow and uncertain. In fairness to...
Consent Orders: Why do we need them?
Consent Orders are essential in order to make any financial agreement reached on divorce legally binding and enforceable. One of the most common misconceptions is that once a couple have...
Stamp duty for first time buyers
In the budget back in November 2017 the government announced an important change in stamp duty (SDLT) as it affects first time buyers. With immediate effect stamp duty was abolished...
Protecting your confidential information with an NDA
By Daniel Burns, Partner and Head of Company Commercial Running a business invariably means that you will build up sensitive business specific information; whether that is a novel manufacturing technique,...
Remember – nothing is certain until you exchange contracts!
We are all guilty of it. We have found the property we want to buy and we just want to get on with organising our lives and buying furniture and...
Employment claims on the increase
Employment Tribunal fees were abolished on 26 July 2017 and a significant increase in claimsis already being observed, just as there wasa major depression of claims when the fees were...
Heightened January divorce rates
Are heightened January divorce rates a serious case of the January blues? For some married couples, January will be a time when they resolve to try and save their marriage....
The area of Private Client law does not often go through a period of prolonged change. However, as I reflect upon the year it seems that 2017 has seen a...
What you need to form a legal contract
By Daniel Burns, Partner and Head of Company Commercial It may not always seem obvious but everyday life is full of contracts. Whether you are buying a train ticket, a...
Tax planning with antiques and works of art
If you are in the fortunate position to own valuable antiques, works of art, sculptures or other valuable personal possessions, it may be possible to consider using such items for...
Cohabitation Awareness Week: Know your rights
From 27 November to 1 December, it is Cohabitation Awareness Week. Resolution, a national organisation that campaigns for improvements to the family justice system, are raising awareness about the lack...
Selling a flat – Unexpected costs
If you own a flat and want to sell it then you need to remember that the process will be more complicated than it would be with a freehold house....
Since 1925 when the Land Registry was first established it has been trying to extend the number of properties and amount of land registered with the eventual aim of covering...
Enduring Powers of Attorney: Some basic information
Enduring Powers of Attorney (‘EPA’) and Lasting Powers of Attorney (‘LPA’) are both documents which you can sign in order to give authority for your ‘Attorneys’ to make decisions on...
Property Disputes Q&A – Part 4
Q. Must the leaseholders pay to make tower blocks safe? A. Tower blocks around the country are undergoing safety tests following the tragic Grenfell Tower fire in June this year....
Chattels – What are they and what do I do with them in my Will?
The term “chattels” invokes the language of a time when Britain still had an Empire and people were concerned with what would happen to things such as their carriages and...
How do I protect myself against property fraudsters?
Second properties which are let by the owner or empty properties (for example where the elderly owner is now living in a nursing home) are particularly vulnerable to property fraudsters....
What are commercial heads of terms?
Heads of terms is a document that records the main terms of a lease agreement between a landlord and a tenant. The terms are usually prepared and negotiated by the...
So, I have to wait two years to get an amicable divorce?
When applying for a divorce in England and Wales you have to prove that your marriage has irretrievably broken down. You do this by giving one of five reasons: Your...
Property Disputes Q&A – Part 3
Q. I have a lease of a warehouse. The landlord is saying that he wants to get me and out so that he can redevelop the estate. Can he? A....
Selling or buying – Be prepared!
When anyone decides they want to move orbuy their first house, the exciting bit is searching through the online listings or estate agents details trying to find their ideal property,...
By Daniel Burns, Partner and Head of Company Commercial If you have recently made the step to start up a new business, you are not alone. Last year more than...
The methodology for calculating the premium to be paid to the freeholder in exchange for an extension to the lease under the Leasehold Reform Housing Development Act 1993 was, until...
Letters of Wishes are not a legally binding document.They are not part of a Will, nor a Trust Deed, and they have no legal status when prepared.However, such letters, sometimes...
Flexible working: bad for business?
The right to request flexible working has been with us since 6 April 2003 and from 30 June 2014 was extended so that employees could effectively make requests for any...
Property Disputes Q&A – Part 2
Q. I have a lease of a flat which has about 60 years left to run. Should I be concerned about this? A. A lease is a diminishing asset. Its...
I am a great believer that when families, and in particular parents, are looking at preparing Wills they should discuss such matters with their children and, if appropriate, the wider...
New Pre-Action Protocol for debt claims
By Hayley Grantham and Henrietta Toth The new Pre-Action Protocol for debt claims comes into force on 1 October 2017, is your business ready?! The Protocol applies to any business,...
As the summer draws to a close and interns go back to college, it’s worth highlighting a potential problem with the internship concept. The pure form of internship does not...
Albert came to see me today, his wife Bella had just moved into a residential nursing home as she had been diagnosed with Alzheimer’s disease.What could he do, he asked...
Property Disputes Q&A – Part 1
Q. Can letting agents still charge fees to tenants? A. In the 2017 Queen’s Speech the government announced its plans to ban fees paid by tenants to letting agents. Letting...
In a unanimous decision in the case of R (Unison) v The Lord Chancellor on 26 July 2017, the Supreme Court found that tribunal fees are unlawful. In a landmark...
Getting the best value from your Dispute Resolution solicitor
When you’re involved in a dispute,your business will benefit enormously from the advice of an experienced dispute resolution solicitor who has seen disputes of that kind before and who is...
How to choose an Attorney for your Lasting Power of Attorney
Lasting Powers of Attorney (‘LPAs’) allow you to appoint someone to assist you with your affairs.There are two types of LPA; Health and Welfare and Property and Financial Affairs.As the...
The Property Boundaries (Resolution of Disputes) Bill
Once neighbours become embroiled in a boundary or right of way dispute, it can get messy and expensive very quickly!All too often, nothing short of a Court order will resolve...
The preparation of Wills is governed by many pieces of legislation, but the primary statute is the Wills Act 1837, which still details the principal requirements for preparing a valid...
The power of contractual restrictions preventing former employees from wreaking havoc with customers and sensitive commercial information is often underestimated. Some clients say to me that they did not think...
You’ve promised to leave property to someone in your Willbut never actually update it.What the court can do in certain circumstances. So you own a house and your partner moves...
Wife granted permission to appeal to Supreme Court
On 7 August 2017, we posted a blogregarding the Court of Appeal’s judgement in the case of Owens v Owens. By way of recap, the case concerned a petition for...
“Although rather attractive Japanese Knotweed is a real thug” is the verdict of the Royal Horticultural Society. If you are a home owner or thinking of buying a home, then...
Inheritance Tax Exceeds £5 Billion
I recently wrote a series of blogs on how to save Inheritance Tax, and in light of figures released by HMRC recently on the amount of tax being paid, I...
“There is no such thing as a right to light” – that is what I was told by the property partner at the firm where I trained.But is that strictly...
Is your spouse’s behaviour ‘bad’ enough for you to get a divorce?
As members of Resolution, the family team at Longmores pride themselves on trying to resolve matters quickly, cost effectively and amicably. It was therefore as much of a surprise to...
How to save Inheritance Tax – Part 5
This is the final blog in my series about “How to Save Inheritance Tax”.So far we have touched on making use of allowances, surviving gifts by seven years, making gifts...
Capital Gains Tax when administering an estate
When acting as a Personal Representative (Executor and Administrator), you must be mindful of the potential Capital Gains Tax (CGT) issues which can arise when selling the deceased’s assets. Much...
How to succeed at your next business negotiation
Have you heard the phrase ‘90% perspiration, 10% inspiration’?It applies to many things in business and negotiating your next deal is no exception.For some reason, many business people believe that...
How to save Inheritance Tax – Part 4
This is the fourth blog that I have written on the subject of How to Save Inheritance Tax.In the first blog I explained that everybody has a Nil-Rate Band allowance...
Marriage and divorce on the increase for the 65 and overs
On 18 July 2017, the Office of National Statistics [‘ONS’] published a marriage data survey reporting a distinct increase in marriages and divorces for those aged 65 years and over....
How to save Inheritance Tax – Part 3
So far in this series on Inheritance Tax (IHT) I have talked about gifts being made, and making use of the annual allowance, small gifts exemption, gifts in contemplation of...
Bringing the curtains down on the gig economy?
The long awaited Taylor review on working practices in the UK was published on Monday 11 July.It looked closely at the much talked about “gig economy” comprised of some 1.1...
How to save Inheritance Tax – Part 2
This is the second blog in my series about how you might be able to save Inheritance Tax. Last time I talked about making use of the various allowances and...
The Intellectual Property (Unjustified Threats) Act 2017
Business guidance has been issued by the Intellectual Property Office (IPO) relating to the Intellectual Property (Unjustified Threats) Act 2017. The Act was passed in April this year and is...
How to save Inheritance Tax – Part 1
This is the first in the series of blogs about some of the ways in which it is possible to save Inheritance Tax on your estate. The basics of Inheritance...
Why can’t the Defendant see that they are wrong?
Clients often ask this question.The facts seem clear. The law seems clear. The other side have no case. But they carry on oblivious and all efforts to show them that...
What impact will Brexit have on international divorce cases?
We are now one year on since the UK voted to leave the EU and the issue of how this will affect international divorce cases in England and Wales remains...
Woman jailed after forging paternity test report
A British woman has been jailed after supplying an ex-partner with fake paternity test results in order to convince him that her daughter was his child. Jamie Somers, a singer...
What has the election done for employee rights?
The hung parliament result we have all been talking about means that it is difficult to assess the extent to which the Conservatives’ plans for employment law reform will come...
Energy Performance Certificates relating to Commercial Property
For so long Energy Performance Certificates (EPCs) were little more than coloured paperwork forming part of a conveyancing transaction.Imperious yes, as not providing one is an offence with a penalty...
Mental Health Awareness Week 8 – 14 May
This week is Mental Health Awareness Week and in recent days there have been numerous reports, articles and news items on the subject.The cricketer, Andrew Flintoff has talked about the...
Considering the Importance of IP on World Intellectual Property Day
On average, intellectual property (IP)forms 80 per cent of a business’ assets. This can be in the form of patents, trademarks (or the business brand), designs, copyright, knowhow and so...
World IP Day – A Different Perspective
26th April 2017 is World IP Day and whilst many will be thinking about this from a commercial angle it is not surprising that, as a Private Client Solicitor, I...
Does your Attorney or Deputy have a right to look at your Will?
Until recently, no one had an automatic right to see your Will, even if you had lost capacity to make a financial decision.If you wanted to allow your Attorney to...
But I WANT to leave all my assets to the Dogs’ Home!
If you are an animal lover like me you would have been outraged when you heard about the case of Illot v Mitson. This was the case where the mother,...
Probate Court Fees to Rise in May 2017
In order for the Personal Representatives of a deceased person to either prove a Will or to act where there is no Will (under the rules of intestacy), a Grant...
An introduction to apprenticeships
This week is National Apprenticeship Week. What many employers don’t realise is that the term ‘apprenticeship’ can mean many things and, in legal terms, the contractual arrangements can be quite...
According to the 2011 census approximately one in five adults live in a care home, a decrease from the 23% that lived in care homes according to the 2001 census....
How to protect your family business
We can all think of long-established, local and national businesses that operate extremely well. But there are many issues that can threaten the survival of the business through generations. When...
As Trainspotting 2 (T2) – the sequel to the 1996 blockbuster film Trainspotting – hit cinema screens at the end of January, a new generation were introduced to a world...
Can Commercial Property stand tall post-referendum?
The initial shockwaves of the Brexit vote soon impacted on the commercial property market with reports of large deals being pulled, Brexit termination clauses being triggered, property funds being suspended...
As everybody returns to work and children start back at school, a sense of normality is descending upon us. The fun of a festive season is enjoyable whilst it lasts...
Drive to improve awareness of competition law
The confusion surrounding competition law has been a cause for concern for some time. With this in mind, the Competition and Markets Authority (CMA) has recently produced some resources in...
Litigation, arbitration, mediation: what is the difference?
Generally, litigation – the process of taking a dispute through the court to a final judgment – is something that any business will want to avoid.It can be as expensive...
Letting your barns for commercial purposes
Lease, licence or nothing at all? If you let your barn using a simple licence agreement, then you need to be aware that you may have granted the occupier a...
Changes to energy efficiency rules could lay a heavy burden on landlords
Landlords are being advised they cannot afford to ignore changes to energy efficiency laws, as debate continues about the likely impact of reforms on the rental sector. A new set...
Commercial contracts: Actions speak louder than words
Two recent court cases should change the way businesses view commercial contracts, as judges have determined that what someone says or does can amend a contract originally put in writing....
Homemade Wills: issues to be aware of
Whilst it is true that you do not need a solicitor to prepare your Will in order for it to be valid, as with most drafted legal documents, it is...
Are you a beneficiary of a Trust?
If you are a beneficiary of a Trust you may wonder what your rights to information and documentation may be.A distinction may need to be drawn between the type of...
Recruiters keep a close eye on changes to strike laws
Recruitment firms have been urged to check their contracts in light of changes set to be ushered in as part of wider reforms to trade union laws. The Trade Union...
Divorce and Trust Funds: what you need to be aware of
A Discretionary Trust is a trust where a beneficiary has no right to either the income or capital of the Trust Fund.The Trustees would normally have complete discretion as to...
Garage fined for copyright breach
A garage that had used the same branding as the AA’s breakdown and repair service on a number of company vehicles and online adverts has admitted infringing copyright laws. Denhamfields...
Points to watch when taking a lease of a business premises
Most tenants will recognize the importance of lease terms relating to the amount of rent payable or the length of a lease, but the remaining provisions can be just as,...
How will Brexit affect homeowners and first time buyers?
Britain’s decision to leave the European Union (EU) has already had a noticeable ripple-effect on the country’s housing market – and the future could hold numerous complications for homeowners and...
Dealing with members of staff who ‘pull a sickie’
With the summer finally upon us and the Euro 2016 football tournament well under way, employers across the UK are likely to encounter an increasing number of staff ‘pulling a...
Employers: could your HR policies really land you in it?
Everyone knows that having company policies in the workplace is a healthy thing all round.Through a staff manual or handbook, both employers and employees can know exactly what is expected...
Important ruling on land rights
A recent ruling in the Court of Appeal confirms that land owners do not have to take costly steps if they want to prevent people from parking on their land....
The Importance of making a Will
It is a common misconception that it is not necessary for a Will to be prepared because, in the case of a couple, everything will pass to the survivor.Whilst this...
Employment tribunal against ‘bully’ boss wins woman £38k
An employment tribunal has awarded a female tour guide a £38k pay-out following a discrimination dispute between the guide and her ‘bully’ boss. Ms Shona MacLeod was verbally abused by...
An alternative to buy-to-let investment properties?
At the start of April the latest Government reform came into play with the intention of cooling the buy-to-let market, being an additional 3% payable on stamp duty (SDLT) charges.The...
Prince’s death highlights importance of having a Will in place
Since musician Prince passed away late last month, there has been increased press coverage of the fact that the multi-millionaire recording artist had not made a Will prior to his...
World IP Day – time to consider your IP?
On average, intellectual property forms 80 per cent of a business’ assets. This can be in the form of patents, trade marks (or the business brand), designs, copyright, knowhow and...
Footballer hopes to ‘set a precedent for employees’ with discrimination case win
An employment tribunal has found that footballer Jonas Gutierrez was released by Newcastle United due to a testicular cancer diagnosis. The 32-year-old midfielder said that the management ensured that he...
Resolve disputes faster through mediation
Benjamin Franklin said “Time is money”.Surely no-one who runs a successful business doubts that he was right.Management time is the most valuable of all. Few things suck the time of...
New Data Protection Regulation is upon us
Following three years of preparation and lobbying, the European Parliament has finally adopted the new European General Data Protection Regulation (GDPR) – which means big changes to data protection as...
Regulations to establish a flood reinsurance scheme (Flood Re) were made in November and came into immediate effect.Flood Re is the system preferred by The Association of British Insurers and...
The rise of pre-nuptial agreements
In recent years, there has been an increase in the number of clients requiring pre-nuptial agreements (‘pre-nups’). With 42% of marriages sadly ending in divorce, many couples are opting to...
A better way to resolve business disputes
Disputes swallow up management time, cause stress and injure business relationships.But few businesses that have traded for some time will have been able to avoid disputes altogether.The next best thing...
When does domestic disharmony equate to domestic abuse?
We have all been there, you have fallen out with your partner and said some things you regret.It is part and parcel of being in a relationship, but where is...
Photo copying can be expensive!
The internet is a not a free source of material, as a home improvements company found recently to its cost. Absolute Lofts South West London Limited v Artisan Home Improvements...
By Miranda Mulligan, Solicitor specialising in Employment law Each year, sickness absence costs employers billions in lost days and associated work costs. In an effort to tackle our so-called “sick...
Remortgaging reaches nine-year high as UK homeowners cash in
Last December, British homeowners tapped into a staggering combined property wealth of £837 million – marking the largest amount of equity withdrawal over the Christmas period in the last nine...
IPO scammer found liable for trade mark infringement and passing off
If you have registered a trade mark in your business, then you may be well aware of the bogus companies out there who try to imitate or pass themselves off...
A boost to a residential development?
Last month the Government announced changes to the planning regime to make permanent the controversial Permitted Development Right which allows the conversion of office premises to residential without having to...
Impact of financial non-disclosure on divorce settlements
On 14th October 2015, Alison Sharland and Varsha Gohil were successful in their conjoined appeals to the Supreme Court; which has allowed them to re-open their respective financial claims based...
At the time of completing your Will the intention is that it will cover the scenario of how your estate should be distributed in the event of your death shortly...
The importance of safeguarding assets after death
A quick search on the internet will reveal that each year in the USA approximately “$19billion is lost annually to fraud by criminals and abuse of trust by friends, family...
A brick wall for boundary disputes?
After centuries of hostilities between warring neighbours over precisely where the boundary fence should be, a (more or less) self-contained procedure for resolving those most common and often ruinous of...
Top Ten Marriage Tips and Traps
With 42% of marriages ending in divorce and around 40% of couples who cohabit separating before their tenth anniversary, family law is a subject matter that many will experience. If...
The government has introduced the Consumer Rights Act 2015 (the Act) which aims to overhaul and consolidate the previously confusing and fragmented consumer rights legislation in the UK.The Act, which...
Excessive cash withdrawals by Attorney lead to fraud charge
It is not uncommon for Attorneys appointed under a Lasting Power of Attorney (or its predecessor, an Enduring Power of Attorney) to consider making gifts on behalf of a Donor...
The duties and obligations of financial disclosure
The subject of disclosure is currently a hot topic in family law, particularly as a result of the impending decision of the Supreme Court in the cases of Sharland v...
Many landlords will have been through the process of taking possession proceedings to remove tenants from a property, often in circumstances where the tenants have stopped paying rent. The process...
Sky? Skype? Confused? Battle of the communication brands
Judges at the General Court of the European Union in Luxembourg have denied Skype the ability to register its name as a trade mark on the ground that there is...
Why are commercial property transactions taking so long?
Commercial property solicitors have seen a significant rise in transactions over the last 12 – 18 months. There certainly seems to be an increased confidence in sellers, purchasers, lenders, landlords...
Is the writing on the wall for prescriptive easements?
Most landowners will be familiar with prescriptive easements, even if not with the terminology which describes rights which third parties acquire over land through long use of it. For instance,...
Can employers breathe a sigh of relief on holiday pay claims?
It was a worrying moment for employers when the Employment Appeal Tribunal (EAT) handed down its decision in November in Bear Scotland Ltd v Fulton and others on the calculation...
Can a lease be informally assigned?
In previous blogs we have discussed the issue of whether or not a tenant can assign its lease. Briefly, if the lease contains no provisions dealing with assignments, the tenant...
Introduction to Intellectual Property rights
By Rina Sond, Partner specialising in Company Commercial and Intellectual Property Branding is one of the most important aspects of any business. A brand is a unique design, symbol, words,...
Voluntary registration of land
A central register of land ownership was created in 1925, although at that time it was not compulsory to register dealings with land in all areas of the country. Different...
Data protection issues for photographers
Personal data is information relating to living people who can be identified from that data, or from that data and other information which is in the possession of, or is...
Selling or buying commercial property at auction
Property is usually sold at auction for a particular reason. It may be that the seller wants the property sold quickly and requires the certainty of knowing that when the...
Insurance provisions in commercial leases
Whether you are a landlord or a tenant of commercial premises, it is extremely important that the lease sets out full details of who will insure and exactly what they...
Sub-letting in commercial leases
In a previous blog we discussed the assignment of commercial leases. In this blog we discuss an alternative means of dealing with a tenant’s interest in a lease of commercial...
Alienation (or dealing with your lease!)
Alienation is the legal term for assigning, sub-letting, charging or otherwise dealing with a tenant’s interest in a lease of property. In a lease of commercial property, whether a tenant...