Blog
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Is Growth Around The Corner? A Business Review of 2024 and Look Ahead to 2025
2024 saw a huge change for the UK with a new Labour government taking office promising to create growth and instigate a “decade of national renewal”. Following years of low...
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What’s Coming in 2025 For AI Regulation & Key Changes Businesses Should Prepare For
Artificial intelligence is rapidly becoming a part of everyday life, with many businesses scrambling to take advantage of the perceived benefits that the technology offers. While there is currently little...
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Property Newsletter – Winter 2024
In this winter edition of the property newsletter, Karen Fletcher discusses how stamp duty changes will affect home buyers, Annette Monthy covers pop-up businesses and whether they are are a good opportunity for landlords...
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How Does the New Employer Duty to Prevent Sexual Harassment Apply to Christmas Parties?
Employers now have a new positive legal duty to take reasonable steps to prevent employee sexual harassment in their workplaces. With this duty being so new, many employers are likely...
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How Stamp Duty Changes Will Affect Home Buyers
The new Labour government’s first budget has now been released and sets out key changes for how Stamp Duty Land Tax (SDLT) works in England and Northern Ireland. These changes...
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Top Tips to Avoid Service Charge Disputes for Landlords
For many leasehold properties, service charge demands or estimated budgets for the year will be sent out around the 1 January each year. As such, now is a good time...
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Pop-Up Businesses: Are They a Good Opportunity for Landlords to Fill Vacant Commercial Space?
Vacant properties can be a real challenge for landlords, causing them a loss of rental income, as well as the potential for higher costs related to insurance, security, maintenance and...
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Worker Protection (Amendment of Equality Act 2010) Act 2023
On 26 October 2024, the Worker Protection (Amendment to Equality Act 2010) Act 2023 will come into force. This Act introduces a new positive duty on all employers to take...
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Non-Executive Directors – Are You Putting Yourself at Unnecessary Risk?
Non-executive directors or ‘NEDs’ can provide vital specialist expertise and oversight for businesses. Becoming a NED can be great for an individual’s career development, allow them to build valuable relationships,...
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An Introduction to Share Buybacks for Family Investment Companies
When a shareholder wants to extract their capital from a Family Investment Company (FIC), the normal approach is for the company to buy back the shareholder’s shares. This is known...
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What to Expect From Labour’s New Employment Rights Bill
The Labour government has committed to changing key aspects of employment law with a new Employment Rights Bill, published on October 10 2024 and originally set out in the government’s...
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Employment Rights Bill: what do employers need to know?
The government yesterday introduced the Employment Rights Bill and the biggest change to employment law and workers’ rights in decades.
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How Might the New Government Impact the Commercial Property Sector?
The new Labour government now in power is on a mission to achieve a “decade of national renewal”. For the commercial property sector, there are some indications that this could...
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The Importance of Legal Advice When Dealing With Divorce, Financial and Child Arrangements
Do I have to get legal advice when I am dealing with my divorce myself or going to mediation? It is important to gain specialist legal advice when considering divorce,...
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What Searches Do Solicitors Carry Out When Buying a House?
Property searches are a standard, and somewhat essential, part of buying a home. You may have heard them referred to as conveyancing checks or legal checks. Essentially, they are various...
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What Landlords and Agents Need to Know About the Renters’ Rights Bill
The Renters’ Rights Bill is the new Labour government’s version of the previous government’s Renters (Reform) Bill. The aim of the bill, according to the Housing Minister Matthew Pennycook, is...
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What Happens To a Bank Account When Someone Dies Without a Will?
“Where there’s a Will, there’s a way”. Your Will acts as the map for your Executors to show them how to distribute your assets after you’re gone. Without a Will,...
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You have decided to make your Will. You have met with your solicitor, discussed your needs and received advice. You then receive your Will to review, but find it contains...
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Restructuring vs Redundancies: How to make the right choice for your business
Redundancies have never been far from the headlines since the pandemic. Many businesses have been forced to make redundancies due to the tough economic climate and they are not alone,...
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Inheritance Tax and the Nil Rate Band
Alastair Liddiard reflects on how the advice given on Inheritance Tax (IHT) for spouses and civil partners has changed a fair bit from when he qualified as a solicitor 20...
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Will The Family Court Force My Ex-Partner To Let Me See My Child?
In any case about a child, the family court’s decision will be based on their best interests. There is a presumption that it will be in a child’s best interests...
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When and How to Pay Inheritance Tax
We all know the old saying about the only certainty in life being death and taxes. So, it is important to know when and how to pay inheritance tax if...
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What is a Shareholders’ Agreement and Why Does a Company Need One?
Have you recently set up a new company with friends or family? Do you run an existing long-standing company? Or perhaps you are an accountant or other professional adviser working...
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Should My Business Contract Out of Fixed Recovery Court Costs?
Businesses will want to consider whether they ought to make a change to their commercial contracts or, if a dispute has already arisen, to try to reach agreement with the...
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Do I Have to Try and Agree Financial Arrangements With My Ex-Partner Out of Court?
New rules about procedure in the Family Court came into force partly on 8 April 2024 and partly on 29 April 2024. They create significant changes about use of non-court...
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Protecting Your Autistic Child’s Future
Raising a child with autism presents unique challenges and rewards, and one of the most significant concerns for parents is ensuring their child’s long-term well-being. As parents of autistic children...
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Section 423: the legal power tool that protects creditors continues to evolve
Section 423 of the Insolvency Act 1986 is one of the ‘avoidance’ provisions contained in insolvency legislation that enable the court to reverse transactions which prejudice creditors. Here Nat Young,...
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An Introduction to Right to Manage for Leaseholders
It is fairly common for leaseholders to have concerns about how their building is being managed, including feeling their service charges are too high or the quality of service is...
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What Does the End of Multiple Dwellings Relief Mean for Homeowners and Buyers?
Multiple Dwellings Relief (MDR) is being abolished from 1 June 2024. For anyone who has bought multiple properties in a single transaction or is in the process of doing so,...
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Biodiversity Net Gain: A Good Opportunity for Landowners?
Achieving biodiversity net gain (BNG) is now mandatory for almost all new developments in England. For landowners looking to fill funding gaps left by the phasing out of the Basic...
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What is a Child Entitled to When a Parent Dies Without a Will?
A parent dying without a will can make an already difficult time even more challenging for their children. It can slow down the process of dealing with their estate and...
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Sharing Information Between The Police and Family Courts
Can the Family Court access police records? Family law cases often involve allegations also being investigated by the police. The police may also have attended incidents or seized evidence relevant...
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The government has announced that families will be better protected from the impact of lengthy court disputes thanks to new measures. These are promised to help resolve disputes more swiftly....
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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...
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Improving Awareness of Competition Law for SMEs
The confusion surrounding competition law has been a cause for concern for some time. Many SME owners and managers do not understand how competition law applies to their businesses and...
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What Employers Need to Know About Changes to Employment Law in 2024
From 1 January 2024, new changes to the Working Time Regulations have been brought into force affecting holiday entitlements for people who work irregular hours for only part of the...
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A Quick Guide to the New Biodiversity Net Gain Requirements for Developers
New environment rules are now in place for property developers in England meaning planning permission will be conditional on improving a site’s biodiversity in almost all cases. Developers will need...
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What You Need to Know About Leasehold Reform for 2024
Slowly but surely, leasehold reform is coming to England and Wales – or, at least, that is the intention behind the Leasehold and Freehold Reform Bill 2023-2024. The Bill had...
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Do I Need My Ex-Partner’s Permission To Move With Our Child?
As separated parents, it is important to think carefully about how to approach decisions for your child. Now separated and on different paths, sharing decisions can be difficult. If you...
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In today’s fast-paced world, it’s easy to put off important tasks, and writing a will is often one of them. However, having a will is crucial for ensuring your wishes...
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Most Family Court proceedings are private. This protects sensitive information about the personal lives of those involved, particularly children. Family Court privacy means that in general: Only people with permission...
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Worried About AI? effective risk management is key for businesses
Depending on who you ask, AI is either a cure-all to supercharge businesses’ efficiency, an existential threat to humanity or (perhaps more realistically) somewhere in between. With the growing number...
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New Year, New Economy? A business review of 2023 and what 2024 might bring
The UK narrowly avoided a recession in 2023 but economic growth has been negligible, with many businesses continuing to struggle. Unfortunately, the signs are that conditions will remain tough for...
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Why are Business Insolvencies on the Rise?
Over the last two quarters, Insolvency Service data has shown a sustained increase in corporate insolvencies. Total company insolvencies are now at their highest since the credit crunch in 2009....
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The festive season is fast approaching and many businesses will be arranging Christmas parties for staff. These events are great for building morale and celebrating the year’s successes, but …....
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Bubble Concrete: A guide for commercial landlords and tenants
Bubble concrete has been in the news a lot recently, with growing concerns over its use in a wide range of public buildings, including schools and hospitals. However, the issue...
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Number of UK New Builds Set to Hit Record Low – Where Does The Property Market Go From Here?
The UK housing crisis is showing no signs of being resolved any time soon, with fewer homes relative to our population than other developed nations and historically low levels of...
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Tribunal Clarifies Landlords’ Right to Determine Service Charge Apportionment
How service charges should be divided between leaseholders – known as ‘service charge apportionment’ – has been a difficult area for landlords and management companies for a long time. Fortunately,...
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Should I Go To Mediation About My Family Law Case?
What is mediation? Mediation is way of trying to resolve legal issues outside of the court process. In mediation, separated couples are helped to try and agree a resolution between...
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What Does The Family Court Do If Assets Are Abroad?
Russian tycoon Vladimir Potanin is taking an appeal to the Supreme Court about whether the English Family Court will hear his ex-wife’s multi-million divorce claim. The Potanin divorce is one...
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What Happens if my Ex-Spouse Dies Before Our Assets Have Been Divided?
Financial remedy proceedings are court proceedings about how assets are divided on divorce. Division might include court orders for one party to pay the other a lump sum, monthly maintenance,...
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Is it Time to Modernise Wills?
In 2016, the England and Wales Law Commission began a project to review the preparation of Wills, which have, largely speaking, followed the principles and legislation of the Wills Act...
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On 18 September 2023 the Powers of Attorney Act 2023 was passed. This Act introduces sweeping changes to the current ways that Lasting Powers of Attorney are made and registered. ...
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What Happens If You And Your Business Partner Fall Into Dispute?
Even the most harmonious and productive of business partnerships run the risk of falling into dispute as the challenges of running a successful business take hold. We understand just how...
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Five Common Myths about Flexible Working
Flexible working is becoming increasingly common and is a way that employers can help their staff strike the appropriate work/life balance. The right to request flexible working has formed part...
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What Are Your Options if You Want to Terminate a Franchise Agreement?
Franchising is a hugely popular business model that provides plenty of potential benefits to both franchisors and franchisees. As of 2022, the UK plays host to over 44,000 business units,...
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Building Safety Act 2022 – How Will Property Transactions Be Affected?
In the wake of the Grenfell Tower tragedy, a full-scale review of building safety legislation in England has resulted in the introduction of the Building Safety Act 2022. Generally speaking,...
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Solar Farm Projects – What Should Landowners Consider?
For many landowners, solar panel projects represent an attractive investment opportunity. Understandably so, given that they can provide a suitable way to diversify, offer an alternative use for vacant land...
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The Renters Reform Bill Finally Goes to Parliament – What Does it Mean for Landlords?
Nearly five years after the original consultation on reforming the private rental sector (A New Deal for Renting), The Renters (Reform) Bill finally started its parliamentary journey on 17 May...
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Here are answers to some of the more frequently asked questions about buying and selling homes. Will I actually need to come into the office or is everything done over...
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Jargon Buster for Buying and Selling Property
Our Residential Conveyancing team have put together a jargon buster of words and phrases used when you buy and sell houses and flats. From first time buyers to those who...
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Director’s Responsibilities and Liabilities
Successful business people often become company directors. But what duties and risks does it involve? John Wiblin, Partner in the Dispute Resolution team, answers the difficult questions that few people...
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Protecting Inheritance for Children in Blended Families
With increasing rates of re-marriage and the resulting blended families, parents need to take action if they are concerned about protecting inheritance for children from a previous relationship.
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Statutory Fixed Net Sum on Intestacy Amount Increases for Surviving Spouses
The statutory fixed net sum has increased. Why does this matter? If you don’t have a Will, then the statutory provisions of Intestacy will determine who inherits your assets. Historically,...
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Payment Terms on Invoices – How to Get Paid Quicker and Minimise Bad Debts
Unpaid invoices can have a significant impact on businesses, affecting their financial health and overall operations. Unfortunately, many businesses underestimate the importance of acting quickly in relation to unpaid invoices....
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Why it is a Mistake to Try to Hide the ‘Nasty’ Clauses in Your T&Cs
Businesses sometimes ask their solicitors to make the parts of their business terms that they think their customers will not like less visible or more difficult to understand. In other...
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Supreme Court Clarifies Service Charge Re-apportionment Rights for Landlords
Over recent years the courts have reached different conclusions as to the legal effect of a lease provision that allows a landlord or management company to vary the service charge...
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When Is the Right Time To Extend a Lease?
The longer there is left on a lease, the more it is worth, so it is vital that leaseholders are aware how much time they have left and that they...
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High Street Rental Auctions – A New Plan to Fill Vacant Commercial Properties
The Levelling Up and Regeneration Bill 2022 was published by the government last year. One aspect of the Bill which has generated significant controversy is the government’s plan to give...
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What Employers Need to Know About Redundancy
Richard Gvero, Joint Senior Partner and Head of Employment and Miranda Mulligan, Associate Solicitor, explain the key considerations for employers when conducting redundancy processes. What is a redundancy? The statutory...
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Do Employers Have to Give Staff the Extra Bank Holiday?
The coronation gives cause for national celebrations and the joy for many of an extra bank holiday and time off work. Since the jubilee last year we have frequently been...
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Travelling Abroad In the Holiday Season
The holiday season can be a difficult time for separated parents. Holiday plans as a family are now unlikely. One concern in relation to separate holidays may be that a...
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Should I Sell My Parent’s Home to Pay for Care?
Clients regularly seek advice asking whether they need to sell their parent’s home in order to pay for care. This can feel more complicated if one parent has died and...
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Another Step Towards Family and Maternity Leave Security
New legislation is expected to complete its course through parliament giving rise to new requirements on employers to offer alternative positions to those subject to redundancy during pregnancy or in the six months after returning to work and businesses must be ready to respond.
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The Nil-Rate Band Discretionary Trust: a comeback
Back in the dim and distant past when I qualified as a solicitor, the type of advice we offered in respect of Inheritance Tax planning was somewhat different to today. ...
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How to Manage a Fair Redundancy Process
Unfortunately, redundancy may be the only logical step for an employer to take in certain scenarios. Where this is the case, it is essential that the correct processes are followed...
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Guest v Guest: The Dangers of Proprietary Estoppel for Family Businesses
Many family businesses operate on an informal basis, without strictly defined roles and agreements about current and future financial rights. This is especially true for farming businesses, where younger family...
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Does My Child Need a Legal Guardian?
When parents have children, they will often (or should) consider what would happen to their children whilst they remain under the age of 18 if they were no longer alive. ...
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Can I Resolve My Family Finances Without Going To Court?
With the right preparation and advice, it is often possible to resolve a dispute about finances on divorce without going to court. Alternatively, there are routes which involve less court...
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Excluding Your Spouse from Your Will – a Risky Decision?
When someone makes a will in England, it is a fundamental principle that they should be able to decide who benefits from their estate. This is called having ‘testamentary freedom’....
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Do I Need A Parental Alienation Expert And How Do I Find One?
What is parental alienation? Parental alienation is a hotly contested idea. At its core, it is about the influence which one parent may have over the children regarding their feelings...
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What Is a Members’ Voluntary Liquidation?
Members’ voluntary liquidation, or MVL, is the procedure followed when bringing a solvent company to a close. This formal process requires the company to be solvent, meaning that a company...
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How Much Will Your Solicitor’s Fees Cost When Buying A House?
Careful budget planning is one of the critical aspects of buying or selling property – including finding out how much will your solicitor’s fees cost. Buying or selling a property...
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What to Expect from the UK Commercial Property Market in 2023
It is set to be an eventful year for commercial real estate. With a weakened economy, there are bound to be challenges, along with legislative changes and reforms to consider....
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Employers Told To Gear Up For Impending Harassment Legislation
New legislation is set to place greater responsibility on organisations to protect employees against harassment, including sexual harassment. Employers are being urged to act in readiness, with the proposed legislation...
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New Fire Safety Regulations Now in Force
As of 23 January 2023, the Fire Safety (England) Regulations 2022 entered force. The regulations introduce a number of important changes to fire safety law in England and Wales, putting...
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Will I be Heard in the Family Court?
We are all aware of the trial which took place in the United States between Johnny Depp and Amber Heard. It is a defamation case which does not involve family...
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Long Covid and Employment Law Implications
Covid is still here, although under much better control. However, there are increasing numbers of us living with Long Covid with long-term symptoms and debilitating effects. How does this impact...
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Should I Record my Ex-Partner As Evidence?
It is now very easy to record conversations or events on your phone. It is common for ex-partners to record each other as a record for themselves or for family...
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In the latest Employment Bulletin from Richard Gvero and Miranda Mulligan, you can read articles about: Covid-related safety measures: what happened at an Employment Tribunal following a dismissal Unfair dismissal...
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January is that time of the year when we all start making plans and resolutions for the year such as selling a house and finding a new home. So, what...
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What impact Will Capital Gains Tax Have on my Divorce?
How might capital gains tax impact my divorce? In divorce proceedings, the court will generally look at the collective assets of the parties, regardless of whose name they are in....
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Updating your Will is often left longer than many realise as the years tick by thinking there is not much that needs changing or that you will get around to...
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Company Directors’ Duty to Act Within Their Powers
The Companies Act 2006 (the Act) places burdens and obligations on directors, with consequences for the director concerned if they fall short of the requirements. The most important directors’ duties...
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Commercial Newsletter – Winter 2022
In this Winter edition of the Commercial Newsletter, Richard Gvero discusses the reform of IR35 not going ahead and its meaning for contractors and clients, Michael Budd answers some questions about how to document investment in...
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How to Get Your Business Out of Debt
A growing number of UK businesses are facing insolvency, with the second quarter of 2022 seeing the highest number of insolvencies since 2009. This situation is due to a number...
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Reform of IR35 Not Going Ahead – What this means for contractors and clients
The previously announced changes to IR35 will not be going ahead, the new Chancellor of the Exchequer has announced. This means that responsibility will remain with hiring firms and intermediaries...
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Does Good Faith Affect the Shareholders’ Ability to Remove a Director?
We review the recent Court of Appeal case (Faulkner v. Vollin Holdings Ltd [2022]) and consider to what extent the duty of good faith affects the ability of a company’s...
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With a home being the biggest investment many of us make in our lifetimes, buying a property on your own can be virtually impossible. More and more people are buying...
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What Will Happen if the Government Abolishes No Fault Evictions?
Landlords and tenants in the private rental market are living through a period of increased uncertainty over what the future might hold while we wait to see whether the Renters’...
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Documenting an Investment in Your Business
There are many options if you are looking to either invest or seeking investment. Michael Budd, Partner and Head of Company Commercial, discusses a few options. The documenting of an...
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Is Time Running Out for Landlords to Meet EPC Requirements for Commercial Properties?
All commercial properties will need to have an Energy Performance Certificate (EPC) rating of E or higher from 1 April 2023, when the next stage of EPC regulations kick in....
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Are Model Articles Suitable for Companies with a Sole Director?
Model articles have hit the business news pages recently with two conflicting high court cases regarding the ability of a sole director to bind a company. We review these two...
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Trust Registration Deadline Dispensation
Trustees who missed the September 2022 deadline to comply with the expanded scope of the Trust Registration regime have been thrown a lifeline by HMRC, with the news that penalties...
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The Impact of the Mini-Budget on Your Divorce
What are financial remedies? On divorce, you will need to decide how your finances will be divided. This process is known as “financial remedies”. Sometimes it is possible to agree...
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Restrictive Covenants in Employment Contracts
Restrictive covenants in employment contracts are terms which restrict employees’ activities after employment has ended. Business owners use them to mitigate the risk of departing or ex-employees stealing clients or...
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Are Redundancies Inevitable for Struggling Businesses?
A growing number of UK businesses are closing, and many more are struggling. There was a 23% increase in businesses closing down in the first quarter of 2022 compared to...
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Is the Register of Overseas Entities Fit for Purpose?
£4billion of UK property is owned by individuals considered to be at high-risk of involvement in money laundering. After years of debate, the UK has finally taken the first steps...
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World Dyslexia Awareness Week 2022 will run from the 3 to the 9 October. This annual event aims to raise awareness of dyslexia amongst the general public, educational institutions, and...
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Is Now the Right Time for Landowners to Invest in Renewable Energy Generation?
Renewable energy is a hot topic (no pun intended). The need to address climate change, rising energy prices, and energy security concerns in relation to the Russian invasion of Ukraine...
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Protecting Your Business With Restrictive Covenants
Richard Gvero, Joint Senior Partner and Head of Employment, answers some of the questions he typically gets from businesses about putting restrictions in employment contracts. How do we prevent outgoing...
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How Landowners are Responding to the Impending Loss of the Basic Payment Scheme
With the Basic Payment Scheme (BPS) now being phased out, landowners need to have a strategy for their business going forward. While the government is introducing a range of grants...
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When The Chips Are Down And Divorce Is The Only Card Left To Play
When a marriage breaks down and divorce is inevitable, tax planning is unlikely to be top of the list for many couples. But failing to transfer assets at the right...
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Does Inflation Affect Inheritance Tax?
The latest government figures showing the amount of inheritance tax paid in the UK were released in July giving us reason to review how house prices and inflation affect inheritance...
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Can I Ask The Court To Order Child Maintenance?
On divorce, spouses may find themselves in financial remedy proceedings to decide how their financial assets will be divided. As part of these proceedings, a financially weaker spouse may ask...
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Is The Private Rented Sector Really ‘Levelling Up’ For Landlords And Tenants?
On 16th June 2022, The Department for Levelling Up, Housing and Communities published its long anticipated White Paper, ‘A Fairer Private Rented Sector’, outlining how the Government aims to fulfil...
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What Are My Rights As a Step Parent?
Given the increasing commonality of blended families, a step-parent play a growing role in children’s lives. The Family Court must therefore consider the legal position of a step-parent. The Family...
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Failure to Pay an Employee Correctly and Constructive Dismissal
An employee is constructively dismissed if the employer fundamentally breaches the contract of employment, and the employee resigns in response. A breach of the implied term of trust and confidence...
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How Do I Get Terms and Conditions for my Business?
Running a successful business relies on clearly defining the exchanges, relationships, and interactions between the business and its customers. To standardise and protect these relationships, it’s vital that companies have...
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What Legal Documents Do I Need When Starting a Business?
Starting a business is exciting and it is understandable to want to get up and running as quickly as possible. Getting the right legal documents in place is more than...
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The Power of Naming and Shaming
Hitting the right note when it comes to banter and pronouns in the workplace. “What’s in a name?” asks Shakespeare’s Juliet, declaring that a rose would smell just as sweet...
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What Happens When Shareholders Can’t Agree?
When a company’s shareholders don’t agree on key business decisions, it can cause extensive disruption to the business and those involved. In the most serious cases, it can even lead...
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Power of Attorney: making your wishes clear
If you are considering giving Power of Attorney to a loved one, we understand that this may feel overwhelming. There are many considerations, including choosing someone you trust to carry...
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Is Commercial Property Still a Good Investment in 2022?
We are living in uncertain times, which can be off-putting for investors. From COVID-19 to the cost of living crisis to the war in Ukraine, there are serious ongoing economic...
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HMRC Announces Updated Approach to Clearance Process and Timeline for IHT100 forms
In its recent Trusts and Estates Newsletter for April 2022, HMRC announced some changes to the processing of IHT100 forms, which changes the timelines for when those who have submitted...
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Landlords’ Options For Dealing With Insolvent Tenants
For landlords, insolvent tenants can be a huge problem. Not only are they likely to be unable to pay their rent, but the time and cost involved in removing tenants...
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Do I Need Planning Permission to Make Changes to my Garden?
With summer just around the corner, many people are planning to make changes to their gardens. Some changes might be extensive, including decking, a garden office, fences or a total...
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The after-effects of the fire at Grenfell Tower in June 2017 continue to emphasise the need for anyone thinking of buying a flat with cladding to investigate its fire safety....
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How Will the Family Court Treat my Debts in Financial Remedies Proceedings?
Upon divorce, fair division of the financial assets can provoke dispute, leading to financial remedies proceedings in the Family Court. Unfortunately, running two separate households is often much more expensive...
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Holiday Pay and Workers’ Rights
Workers’ rights to holiday pay are set out in Regulation 14 of the Working Time Regulations 1998 (WTR). Workers have a right to a minimum of four weeks’ paid holiday...
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Will the Family Court Recognise my Parental ‘Rights’?
The court presumes that any parent plays an important role in a child’s life. However, the Family Court prefers to talk in terms of parental ‘responsibilities’ rather than parental ‘rights’....
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How Family Business Can Avoid Family Feuds
Family businesses can be challenging to manage as the boundaries between personal and professional relationships become blurred. Michael Budd, Partner and Head of Company Commercial, explains that having the right...
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Although not harmful to humans, Japanese knotweed (Fallopia japonica) is a real thug. Homeowners and buyers need to be aware of this perennial weed, what it looks like, and how...
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World Intellectual Property Day – 5 key steps to protect your intellectual property
World Intellectual Property Day 2022 will be marked on 26th April and is designed to raise awareness about protecting the various types of intellectual property. Each year usually focuses on...
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Worker Status: employee or self employed?
We have seen many worker status cases over the last few years. The majority stem from the gig economy, with many cases finding that an individual described in contractual documents...
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New No Fault Divorce Law Goes Live
From the 6 April 2022 it will no longer be necessary for one party to blame the other for the irretrievable breakdown of a marriage or civil partnership with the...
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What Do I Do If My Ex-partner is Lying to The Family Court?
Unfortunately, it is all too common for untrue claims to be made in the Family Court. Where there is a dispute of fact, the first question for the court is...
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Having Open Workplace Conversations About Menopause
Employers must review how they support women of menopausal age as growing numbers of women take employers to court, citing their menopause as the reason for unfair dismissal or sex discrimination.
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How do I Challenge Evidence in Child Arrangements Proceedings?
What evidence will be considered by the court? The following are the most common types of evidence considered by the court in private children cases: Witness statements A report from...
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What to do about Toxic Business Debt
More than half of small businesses in the UK are loaded with debt that they may struggle to repay over the next 12 months – commonly referred to as toxic...
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Deferred Payment Agreement and Care Home Fees
A Deferred Payment Agreement (DPA) is an agreement between you and your local authority that you will agree to a charge being placed on your home in return for the local authority paying a portion of your care home fees whilst your home remains unsold.
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Share Acquisitions Versus Business Acquisitions
A business sale or acquisition is likely to be a one-off or rare event for the owners. When buying or selling a company or its assets, the owners and the...
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The Importance of Reviewing your Will
The recent decision in the case of the Skillett v Skillett demonstrates the importance of reviewing your will on a regular basis. In 2011, the late Charles Skillett divided his...
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Why Employers Should be Aware of Discrimination Legislation
Richard Gvero, Joint Senior Partner and Head of Employment, answers some basic questions about discrimination legislation and pandemic related issues. What is the discrimination legislation which applies to employment? As...
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Are Ground Rents a Thing of The Past?
The Leasehold Reform (Ground Rent) Act 2022 received Royal Assent on 8 February 2022, effectively outlawing ground rents in residential leases in England and Wales once the legislation comes into...
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What Happens When a Right to Manage Company Takes Over the Management of a Building?
I look at the recent case of FirstPort vs Settlers Court Ruling and what it means for Right to Manage companies When a Right to Manage company takes over the...
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Rewilding – the shape of things to come?
Rewilding has been in the news recently for two main reasons. The first reason being because Ed Sheeran announced that he wanted to buy up land and rewild it in...
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Back to Work: keeping the workplace Covid-safe
The annual report from the Health and Safety Executive is a reminder to employers to ensure health and safety continues to take account of the risk of Covid-19 transmission and the impact on mental health.
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Mistakes to Avoid When Negotiating a Separation Agreement
A separation agreement is a document that sets out the terms of your separation, addressing matters such as those listed above. However, negotiating a separation agreement can be challenging, particularly...
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National Security and Investment Act 2021
What is the National Security and Investment Act? The National Security and Investment Act 2021 (the Act) is a new UK law that came into force on 4 January 2022....
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Wills and Lasting Powers of Attorney for Business Owners
Longmores Solicitors answer some typical questions about Wills and Lasting Powers of Attorney for business owners. Including, if you need a will, leaving assets to a business or giving them to a spouse or child, running payroll and finally shareholder agreement.
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Changes to Inheritance Tax Reporting
From the start of 2022, HM Revenue & Customs have changed their requirements for reporting the value of what is known as an “Excepted Estate”. Before we look at the...
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The Importance Of Commercial Confidentiality
Breach of confidence has been in the headlines with the recent case brought by the Duchess of Sussex against the press for making use of a private letter she had written to her father, but it is equally valuable in preventing misuse of intellectual property by commercial competitors.
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Mandatory Arbitration Process Unveiled for Commercial Rent Arrears
The Commercial Rent (Coronavirus) Bill will set out a mandatory arbitration process for unpaid rent arrears relating to the pandemic, with a code of conduct prefacing in place in the meantime.
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When Should Child Contact be Supervised?
What is supervised contact? In proceedings relating to child arrangements the welfare of the child must be the court’s paramount consideration. It is presumed that a relationship with each parent...
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Will The Family Court Order My Opponent To Pay My Legal Costs?
In private family proceedings it is usual for each party to pay their own legal costs. Private family proceedings are disputes between two individuals, usually divorcing spouses or separating parents....
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What Support Can The Family Court Order to Promote Contact Arrangements?
There are a variety of ways in which the Family Court can support contact arrangements between a child and a parent. Orders will , if necessary be made on the...
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What Happens To My Pension On Divorce?
When you divorce, you usually need to divide the financial assets shared between you. Sometimes, this will be a straightforward process which you can agree on. Unfortunately, in other cases,...
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Accessing Medical Records and Lasting Powers of Attorney
This article covers the changes to the Office of the Public Guardian and what they mean for assessing medical records and lasting powers of attorney.
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How Does Having Children Impact Divorce Financial Remedies Proceedings?
When a couple divorces, they must decide how to divide their financial assets. If they are not able to agree this division between themselves, Family Court input may be required.
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How to Deal With a Boundary Dispute
Most people assume that the boundary of their land or property ends at their fence, hedge or wall, but this is not necessarily the case. Boundaries are invisible and, to...
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What Happens If My Ex-partner Ignores An Order Made By The Family Court?
At the end of family court proceedings, a final order will be made by the court. This order may reflect agreement reached between the parties, known as a “consent order”,...
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Since the summer, the government has been encouraging workers to return to the office, although at the time of writing this article it remains to be seen whether the Omicron...
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The COVID-19 pandemic hit businesses hard, but retailers have faced one of the hardest recoveries. Nearly two years on from the first lockdown, which forced many businesses into financial difficulty...
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What Is the Definition of a Worker?
There have been a number of gig economy cases examining whether individuals satisfy the definition of ‘worker’ under s230(3)(b) of the Employment Rights Act 1996. The latest case in front...
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Force Majeure Clauses in Commercial Contracts – how do they work and when do they apply?
The basic concept of a commercial contract is a simple one: two parties agree to perform certain obligations which are enforceable. Failure to perform the contract results in a breach...
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Who Owns the IP to AI Created Works?
From Ada Lovelace to Alan Turing, the UK has long been a trailblazer in the development and application of artificial intelligence (AI). Nowadays, people interact with AI on a daily...
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Parental alienation is a hotly contested concept which is frequently raised in Family Court proceedings concerning child arrangements. In summary, it refers to one parent encouraging a child to hold...
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Making Flexible Working the Default?
The government has published a consultation document – Making flexible working the default – which proposes various changes to the existing rights for employees to request flexible working. This consultation...
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Talk Money Week: talking to your family about your wishes for the future
Nobody likes to think about a time when they are no longer around and talking to loved ones about what you would like to happen after you pass away may...
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Court Hearings In Family Cases: what is ‘the new normal’?
The format of court hearings changed in response to the COVID-19 pandemic. The vast majority of court hearings began to be held remotely. This means that they are held via...
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Protecting Your Child If They Become Physically or Mentally Vulnerable
Victoria Wood of Longmores Solicitors in Hertford outlines five ways a solicitor can help protect a child if they will be physically or mentally unable to look after themselves in adulthood.
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Home Security Devices and Privacy: a 21st century problem
Longmores recently acted for the successful claimant in the ‘Ring Doorbell’ court case, obtaining injunctions and damages against her neighbour.
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Could Lasting Powers of Attorney Go Digital?
A more straightforward digital system to set up a Lasting Power of Attorney (LPA) could come into play, but experts say that it is vital that sufficient safeguards are in...
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When it comes to starting a business, one of the most challenging but interesting tasks you must carry out is finding the right name. However, many people do not realise that there are restrictions on what you can name your business.
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Notice Periods Revert for Residential Landlords Seeking Possession
Residential landlords will be able to seek possession on pre-pandemic notice periods from 1 October 2021, but need to keep alert to changes as economic or public health challenges may see timelines extended once again to protect tenants.
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Does the Court Consider Bad Behaviour in Family Finance Proceedings?
A case recently hit the headlines about a husband found guilty in the Criminal Court of controlling and coercive behaviour during divorce proceedings. The behaviour included setting rules that his...
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In a startling U turn on government policy, four years after abandoning their cap on care costs, the Prime Minister has announced “from October 2023 no one starting care will...
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What is the Domestic Abuse Act 2021?
Unfortunately, allegations of domestic abuse are common in family proceedings. Any such allegations should be taken seriously, particularly in cases concerning children. The new Domestic Abuse Act 2021 provides further...
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Possession Proceedings: not over yet
Residential tenancies and possession proceedings On 8 September 2021, the Government laid before parliament the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 (SI 2021/994)...
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Rural Land Sales – the growth of ‘lifestyle’ buyers
The farming sector is facing some challenges at the moment, and in particular the planned phase out of the Basic Payment Scheme is causing some farmers to consider options including...
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What Are Covid Clauses and Will They Become Standard in New Leases?
Government restrictions to prevent the spread of Covid-19 have resulted in many tenants being unable to utilise their premises while remaining liable to pay rent. This is an unprecedented situation....
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Are the UK’s Unloved Shopping Centres Ripe for Redevelopment?
The shift to online shopping was placing a growing strain on bricks and mortar retailers even before the pandemic hit and most of them were forced to shut their doors...
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Deposits for Shared Houses – landlords beware the dangers of tenant ‘churn’
A recurring issue for landlords renting residential properties to multiple unrelated tenants is what happens when one tenant wants to leave but the rest want to stay? A common solution...
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Could My Health Impact My Divorce Settlement?
Is health considered in financial remedies proceedings? Among divorcing couples, it is not unusual for one party to have a disability or health problem. A difficult but common question on...
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Inheritance Tax and Gifting Explained
As part of inheritance tax planning, or simply as part of passing on wealth to the next generation, you may consider gifting money or property to family or friends. However,...
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Lease Q and A: landlords and tenants
The implications of COVID-19 on commercial property continue to evolve. We answer some common lease questions still faced by both landlords and tenants. Can the terms of a lease be...
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Inheritance Tax on the Increase
At the end of July HM Revenue & Customs and the Office of National Statistics released the latest information about the amount of Inheritance Tax (IHT) received in the tax...
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How Does the Family Court Approach Controlling Behaviour?
Following a Court of Appeal judgment earlier this year on the topic, there has been an increase in allegations of controlling behaviour in family proceedings. But what is controlling behaviour?...
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Can You Make a Lasting Power of Attorney Online?
It is possible to make a Lasting Power of Attorney (LPA) online, but whether you should is an entirely different matter. The process of making a LPA seems straightforward, but...
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Should I Use a Solicitor to Write My Will?
If you are thinking about writing a Will, you may have considered doing it yourself. There are many templates and tools available online, along with vast amounts of information about...
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The Aftermath of the SDLT Holiday for the Residential Property Market
The recent Stamp Duty Land Tax (SDLT) holiday ended on 30 June 2021, with a tapered decrease in the threshold below which no Stamp Duty needs to be paid on property purchases. On 8...
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Are Turnover Rents a Good Option for Commercial Buildings?
Turnover-based rents have been prevalent in the retail and restaurant sector for many years. However, there is increasing interest in the concept, in large part driven by the impact of...
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Commercial Tenancy Forfeiture Moratorium Extended – a guide for landlords
The UK government has announced another extension to the moratorium on forfeiture of commercial tenancies for non-payment of rent. The moratorium will now last until 25 March 2022, having previously been due...
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What If My Partner Objects to Our Child Receiving the Covid-19 Vaccine?
With the COVID-19 vaccine being quickly rolled out across the UK, there are concerns among some about the long-term impact and side effects of the vaccine. As a result, some...
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Who Owns the Copyright? It’s not always as obvious as you might think
Copyright is a very important and commonly misunderstood form of legal protection for different types of creative works. Whether you are a creator of works eligible for copyright or have...
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Search Orders – an introduction
What is a search order? Search orders are a powerful tool that may be used when you suspect your business has been a victim of fraud or another crime, such...
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One issue facing any company is how to retain existing employees and how to keep them motivated. It is great to find someone who has the right skills, drive and...
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What Are a Director’s Duties to a Company?
The duties being discussed in this article concern directors’ general duties and the company of which they are a director. There are numerous additional specific duties of directors contained throughout...
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Should Employers Be Allowed to Fire and Rehire?
Should employers be allowed to fire and rehire? In economically hard times, or when a business is restructuring, the ability to change employment terms can be an essential tool. The...
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No Fault Divorce Delayed until April 2022
It’s official – the introduction of no fault divorce to England and Wales has been delayed until April 2022, a government minister has confirmed. Originally, the government had said that...
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Get to know the Longmores Property team
Downton Abbey or a Disney castle – can you guess who in the Longmores Property team would pick these as their dream homes? The property market has been riding the...
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How Unspent Income from Lockdown Could Cut Future Tax Bills
Unspent income from lockdown means those with spare money have an opportunity to make the most of inheritance tax reliefs on gifts.
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Wishing my Will would do the right thing
So, you have decided that it is time to prepare your Will. However, there are still many life events that could arise which could lead to you needing to change...
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Mental Health: protection through Lasting Power of Attorney
As Mental Health Awareness Week draws to a close, the Older and Vulnerable Client team at Longmores have been considering how to support clients and enhance their mental health. Traditionally...
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We are currently seeing an increasing amount of land being sold subject to overage. Here we answer some key questions about this complex agreement. What is overage? Overage, which may...
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Getting Your Rural Land Ready for a Sale – a COVID Update
This time last year, we had just cancelled our annual rural land seminar that was due to take place at Knebworth House. At that time, we were hoping this was...
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Coping with Lockdown Lifting and Support for the Vulnerable
Living under lockdown has been nothing short of an endurance test for many as we have been forced to stay inside and reduce social contact. We have longed for the...
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The 5 Most Commonly Asked Questions about IP
1. How do I protect my ideas? It is extremely difficult to prevent someone from copying an idea or a concept – unless you protect certain aspects of it in...
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Protecting Family Businesses: what every shareholder needs to know
Michael Budd, Partner and Head of Company Commercial, answers the key questions that every shareholder of a family owned and run company should know.
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How to Get the Balance Right for Investors and Shareholders
One issue we often face is when a company has identified an investor but the existing shareholders agree excessively generous terms with the investor resulting in those shareholders giving away...
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Estate Planning: why cohabiting couples should consider it
Millions of couples across the UK are choosing to forego marriage and live as cohabitees. However, without proper estate planning, they could be putting their finances at risk. Unlike their...
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Health and Safety Dismissal in Covid Times
Throughout the Covid-19 pandemic, employers have had to grapple with the health and safety risks to employees and customers. Jobs where employees have contact with the public are particularly exposing...
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How to Document an Investment in a Company
Attracting the right investors is often critical to the success of a company, both when starting up and during growth and development. Any investment you bring in will need to...
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GDPR Transitional Arrangements
Under the terms of the post-Brexit trade deal between the UK and the EU, data can continue to flow freely between the UK and the European Economic Area (EEA) until...
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The Process of Selling Shares in a Company
There are various reasons for selling shares in a company, including to raise additional investment, realise the value of your investment or transfer ownership to someone else. There are different...
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The Importance of Lasting Powers of Attorney (LPA)
Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place....
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New Law Could Ban Blanket No Pet Policies
‘No pets’. Just those two tiny words in a tenancy or long lease can cause so much heartache for people across England and Wales. But this could soon change. A...
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Repurposing Retail Space – is this a golden opportunity for property investors?
Even before the COVID-19 pandemic, the UK had more retail space than it needed. Now with a huge rise in buying online during the pandemic and a number of high...
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Family Charters – what are they and is it worth making one for your family business?
A family charter is a document used to record agreements made between family members, usually in relation to how a family business is to be run. Family charters are not...
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Forthcoming Changes to EU Websites
UK businesses who have or intend to operate an EU website ending with the domain .eu should be warned. Now that the UK is no longer part of the EU,...
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Do I Need a Cohabitation Agreement?
With more and more couples choosing to live together before they get married or indeed, choosing not to get married, it is important to consider what rights and protections you...
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Succession Planning for your Farming Estate
Succession planning is an essential part of running a family farm business. Effectively planning for the future allows you to protect your assets, safeguard your business, ensure continuity and provide...
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With the coronavirus vaccination programme well underway in the UK, many employers are considering what vaccination might mean for their business. Some companies are announcing that they will dismiss or...
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Proposed Implementation of Cap on Lifetime Care Costs
Care costs are the latest aspect of social care to be put under the spotlight with the publishing of the government’s Health and Social Care Committee report on Adult Social...
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Brexit and Intellectual Property Disputes: key changes
The UK left the EU on 31 January 2020. The withdrawal agreement included a transition period to allow time to adjust to the differences in the legal regimes that would...
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Directors’ Duties: what every company director needs to know
The Dispute Resolution team at Longmores explain what the main directors' duties are for company directors.
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Planning a Romantic Valentine’s Day Proposal? Think pre-nup
If you are planning on making a marriage proposal this Valentine's then you also need to be thinking about another proposal – a pre-nup.
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Recent updates have been made to the furlough scheme guidance. Richard Gvero discusses how the Coronavirus Job Retention Scheme can help those who care for others. The government has updated...
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Getting Physical with the Digital
As the shift towards digital increases, the value of our online lives is becoming immeasurable. Yet few people are recording or protecting their digital assets, Bernard Flanagan discusses how you...
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Supporting Older and Vulnerable Clients Through the Pandemic
The first month of 2021 may have brought another lockdown, but this time, it is accompanied by the good news that the COVID-19 vaccine is being rolled out across the...
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Pandemic Insurance Claims Set For Settlement Following Ruling
As coronavirus continues its freeze on normal life, with strict lockdown measures back in place, many businesses will have breathed a sigh of relief following a Supreme Court ruling (on...
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The Return of Turnover Rent Leases: can market risk be shared between landlords and tenants?
The landlord and tenant relationship is under immense pressure. They both face a rapidly changing economy and a cultural earthquake of how commercial property is utilised. The risk of vacant...
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Probate, Estate Administration and Beyond: 5 reasons why you should use the solicitor
Until fairly recently, if you needed to deal with the administration of an estate following somebody’s death, there were two basic choices; you could deal with it yourself or you...
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Should I Continue With My Lease Extension?
The Housing Secretary Robert Jenrick announced earlier this month that the government will proceed with the reform of the leasehold housing sector by implementing the recommendations of the Law Commission’s...
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Why Sellers Should Get Involved In The Business Sales Process
Michael Budd, Partner and Head of Company Commercial, explains why sellers should get involved in the transaction process and that you cannot leave it all to the lawyers. How can...
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Different Resolutions For a Different New Year?
Richard Horwood considers, that in this ever changing time of uncertainty, even our New Year resolutions will be different. January 2021 is upon us. The third national lockdown has been...
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Possession Proceedings: here we go again
It is impossible to say when the last of these updates on the changes to possession rules will be. Our last one wasn’t and this one won’t be. This one...
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Restrictive Covenants: Consideration by the Supreme Court
The Supreme Court has considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The Supreme Court’s...
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Possession Proceedings: the end of year roundup
After numerous updates throughout the year on how rules under the Coronavirus Act 2020 have affected possession proceedings, this latest roundup will take us through to the end of the...
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Can I Get a Divorce From My Business Partnership?
Not all relationships work out, whether personal or in business. Not all business partners plan for a long-term arrangement: they may expect that their business will be sold to someone...
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Is Your Business Ready for Trading Post Brexit?
Brexit has been overshadowed by the coronavirus pandemic this year, but as 2021 draws closer, it is vital for businesses to be prepared for the changes that will arrive at...
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5 Steps to Selling Your Business: How sellers can influence the sale
During Covid-19 when selling your business the bargaining position of buyers and sellers has shifted from pro-sellers to pro-buyers.
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Religion and Belief: Employment Article About Higgs v Farmor’s School
An individual is protected from discrimination based on their religion or belief. A philosophical belief can be protected if: it is genuinely held; it is a belief not just an...
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Not All Disabilities Are Visible
Not all Disabilities are Visible is this year’s theme for The International Day of Persons with Disabilities.
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Should I Stay or Should I Go? Will Leaving the Family Home Affect my Claim?
Family lawyers are regularly asked if moving out of the family home will affect how the court deals with the property when parties divorce.
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Christmas, Coronavirus and Separation: what are the rules around taking children away from home?
For many parents, the issue of spending time with children at Christmas can be tense. Both parents want to spend Christmas day with their loved ones and their children, but...
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Income and Capital Gains Tax and Estates: A Short Reminder
A recent report commissioned by the Government has recommended that the Chancellor overhauls Capital Gains Tax for individuals and what this will bring is the subject of much speculation. Whilst...
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World Children’s Day: Protecting My Children For The Future
20 November is World Children’s Day, traditionally celebrated each year to promote international togetherness, awareness among children worldwide, and improving children’s welfare. It highlights the responsibilities we, as adults, bear...
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How To Buy Your House Before The Stamp Duty Holiday Deadline
This article, by Chris Pease, Head of Residential Conveyancing, discusses how the stamp duty holiday has affected the housing market and what you can do to ensure you take advantage...
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British Airways and Marriott Fined for Data Breaches
This article looks at how significant GDPR rules and data breaches can affect global organisations. British Airways The ICO has fined British Airways £20m for a lack of adequate security...
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Can a Commercial Lease Be Terminated Before the End of the Term?
COVID-19 has had a significant impact on almost every business in the UK. For many businesses, it means they no longer require their business premises, or can no longer afford...
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Child Contact Conundrums During the Covid Pandemic
The family law landscape is becoming ever more confusing with parents (and even Boris Johnson), seeming to be unsure whether continuing child contact arrangements in accordance with a court order...
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The Competition and Markets Authority (“CMA”) launched an investigation into four of the UK’s biggest house builders, Barrett, Persimmon, Taylor Wimpey and Countryside Properties following undercovering evidence that leasehold flats...
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Proprietary Estoppel and Family Farms
Proprietary estoppel involves the enforcement of a promise regarding the right to use land or property belonging to someone else. When can you claim proprietary estoppel? In order to bring...
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Selling a Business: Legal Matters Q&A
Michael Budd answers the typical questions that owners have when they are considering selling a business. Should I sell the shares in my business or the assets? There are two...
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Possession Proceedings: where are we now?
Since March 2020 we have been reporting on the frequently changing rules on obtaining possession of property. It’s been something of a roller coaster for observers of this area of...
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The Treasury has issued a direction which confirms the eligibility criteria for the Job Retention Bonus. This is very much as anticipated and I set out the main details below:...
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10 October is World Mental Health Day. Whilst one in four of us will experience issues relating to mental health, it is not a subject that is easy to raise...
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Time To Review Your Tax Planning?
The Chancellor of the Exchequer has announced that there will not be a Budget this Autumn. There had been a lot of speculation about what may, or may not, have...
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How the Court Approaches Interim Maintenance During Divorce Proceedings
The court is regularly asked to consider the needs of parties in the short term before divorce proceedings are finalised. It is always key to consider the financial position you...
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Contract Terms To Help Your Business Get Paid
In order to survive in business, it is vital to get your customers to pay you, and this is even more critical during a recession. In this blog, we outline...
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Forceful Parenting: do I have to force my child to go to contact with the other parent?
One of the most common questions we are asked is whether, if a child does not want to have contact with a parent, you have to “force them.” Whilst in...
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As the world celebrated Fight Procrastination Day on 6th September, I took time to reflect on the impact of clients delaying giving clear instructions. The most common areas that clients...
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The re-opening of the housing market by the government in May, and then the stamp duty holiday announced at the start of July has, by all accounts, helped to ‘rescue’...
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Legal Matters Q&A: Commercial Leases
In these difficult times, many tenants will be considering ways of being released from their obligations under the lease or asking their landlords for a form of rent concession. Rachael...
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Lights, Camera, Action… signing a will goes live
Experts are warning against self-directed videos following the announcement by the Government that legislation is to be introduced in September to allow signing a will remotely using a live video...
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Checking All Your Ts and Cs Match Up to the New Normal
Companies should prioritise risk management in their approach to business and review their third-party relationships and contracts as the coronavirus pandemic continues. While the degree of disruption to supplies and...
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Businesses Need To Be Paid – even during a pandemic
No matter how big or small your business is, managing cash flow can be challenging. That is even more so during a period of uncertainty like the one we are...
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(Yet Another) Update on Possession Proceedings
As we have previously reported, no claims by landlords for possession of their properties against tenants have been able to proceed through the courts since 27 March 2020. After two...
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Dealing With an Estate As an Executor During the Coronavirus Pandemic
Adjusting to the challenges caused by coronavirus has been difficult for all of us. However, for those dealing with the death of a loved one, the onerous obligations placed on...
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Have Courts Fallen Out of Love With the Expert Witness?
This year has seen some extraordinary court decisions about expert witnesses. Courts rely heavily on experts and, in the past, courts have always been deferential towards them. Even when they...
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New Protection for Innovators: Digital Fingerprinting
A new online digital fingerprinting service has been launched to help protect designs and innovations from copycat misuse. The World Intellectual Property Organisation’s new online business platform – known as...
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Discrimination in the Workplace
Richard Gvero, Head of the Employment Law team, addresses some issues that may arise from discrimination in the workplace in regards to marriage and gender. Marriage Discrimination in the Workplace...
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Negotiating a Commercial Lease Renewal
Most lease renewals are governed by the Landlord and Tenant Act 1954, and the rules can be complicated and confusing. However, if your commercial lease is up for renewal, you...
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A constructive dismissal takes place when an employee resigns in response to a fundamental breach of contract on the part of the employer. Richard Gvero, Head of the Employment Law...
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Intellectual Property Rights for Authors: What you Need to Know
You are just about to publish your first book. How exciting! As an author it is important to make sure that you understand the intellectual property rights around the work...
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Continuous Service of Employment
Only employees with two years’ continuous service have the right not to be unfairly dismissed. This qualifying period is measured to the day – so it is important to be...
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TUPE: Terms and Conditions for the Transfer
The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another....
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An employee dismissed without notice will often claim both unfair and wrongful dismissal. These are two distinct claims.
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Who Legally Owns Your Marital Home?
Often when families separate it is not just a separating of the finances of husbands and wives that have become entangled.
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Selecting Employees for Redundancy Based on Interviews
Selecting employees for redundancy based on their performance at an interview is now common practice for employers
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Reform of Leasehold Enfranchisement Law
On 21 July 2020, the Law Commission released a new report on the reform of leasehold enfranchisement law aiming to simplify the legislation in this country.
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The flexible furlough scheme is now in operation. The new scheme allows for a furlough of any period and for employees to work part-time.
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Government Measures to Ban Evicting Tenants of Residential and Commercial Property
The Government has announced several new measures under emergency legislation aimed at protecting tenants of both residential and commercial property from being evicted as a result of the coronavirus pandemic.
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As an employment lawyer, I am now being called upon to advise on workplace issues I’ve not encountered in 30 years of practice.
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No Fault Divorce and the End of the Blame Game
There has been a lot in the papers about the progress of The Divorce, Dissolution and Separation Bill and "no fault divorce" which has finally, after many years of campaigning by Family Law groups amongst others, been given Royal Assent on 25th June 2020.
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Furlough Scheme Changes: A Helpful Guide
The government has announced a number of changes to the Coronavirus Job Retention Scheme – more commonly referred to as ‘furlough’. The furlough scheme changes take effect from 1 July 2020.
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Legal Matters Q&A: Homeworking and a Cautious Return to Work
As the lockdown is gradually lifted, some knotty employment law questions are posed by Richard Gvero as we embark upon the journey to normal working.
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Should Landlords Give Their Consent to Leaseholders?
Landlords are often asked to give their consent for a leaseholder to do something in their flat which the lease otherwise prohibits.
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Possession Proceedings During the Coronavirus Pandemic
In the light of the Coronavirus pandemic, on 27 March 2020 the Court imposed a stay on all possession proceedings until 25 June 2020.
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Applying For a Grant of Probate: It’s All Change
Changes are happening all around us and several have filtered through to the process of applying for a Grant of Probate.
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Employers’ Considerations for the Return to Work (Part 2 of 2)
As businesses prepare to reopen and employees are encouraged to return to work, Richard Gvero shares some more employers' considerations including: employees who need to self isolate, employees who refuse to return to work, health and safety claims and equality issues.
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Company Directors Liable for Not Telling Shareholders ‘The Full Story’
When directors (who run the company) have a different agenda from shareholders (who own it) problems are inevitable.
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Helpful Guide to the Coronavirus Government Support Schemes for Businesses
To help businesses understand the support available to them, we have created a handy guide for businesses of all sizes.
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Employers’ Considerations for the Return to Work (Part 1 of 2)
This month we are looking at the things that employers need to think about from an employment law perspective when starting on the journey to normal working.
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Many people are aware of the ability to prepare a Deed of Variation following the death of an individual. However, their use can be wider than initially imagined.
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Landlord Tenant Collaboration for the Return to Work
Managing the return and preparing the building for what is being called the ‘new normal’ will demand collaboration and co-operation between landlords and tenants, staff and visitors.
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Making Staff Redundant: 7 Things to Think About (4-7)
As many employers are forced to consider staff cutbacks due to financial difficulties caused by the pandemic, Richard Gvero has summarised seven points that an employer needs to consider when making staff redundant.
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Company Responsibilities During Lockdown: Delayed Not Cancelled
Company directors will be focused on the bottom line and corporate governance as they continue to navigate their way through the pandemic lockdown and the Government’s route map towards business as usual.