News
Court orders to evict tenants rose by 11% in 2011 as landlords took a firmer stance
against late payers.
The Government has confirmed that its proposal to cut inheritance tax (IHT) on
estates that support charity will be implemented in April.
Investors buying properties consisting of two or more flats could be spending far more than necessary if they don’t take advantage of a Stamp Duty Land Tax (SDLT) relief introduced in the Finance Act 2011.
Employees wanting to bring tribunal claims will have to pay fees ranging from £150 to £1,750 under new proposals announced by the Government.
New rules to prevent the kind of risky mortgage lending that was common during the housing boom could be in place by next year.
A firm of architects has won a dispute over fees after the High Court ruled that a letter it had sent to its client did amount to a written contract.
A development firm must pay more than it bargained for to a local authority after selling on land at below market price to a group company.
Three councils have lost their appeal for a judicial review of the Coalition
Government’s decision to scrap the need for planning permission when converting
single dwellings into houses in multiple occupation (HMOs).
If a person dies intestate - that is, without having made a will - their estate is divided in ways set down by law.
The Office of Fair Trading (OFT) has updated its Debt Collection Guidance, which sets out the standards required of any business involved in recovering consumer credit debts.
A novice golfer has been awarded nearly £400,000 compensation after losing an eye when he was hit by a golf ball.
Business “common sense” should be applied when interpreting and applying commercial contracts, the Supreme Court has ruled.
When buying a home or a parcel of land it’s essential to make sure you know where the boundaries lay.
The Government has announced a number of reforms to end unfair practices which it says have been holding back Britain’s pubs.
A 23-year-old man has been awarded £1.8m compensation after suffering brain injuries in a road accident.
People risk losing their life savings if they allow unregulated will writers to take control of their money and property, the Law Society has warned.
The fact that a tenant has become bankrupt or obtained a debt relief order does not mean that they cannot have a possession order made against them on the grounds of rent arrears.
The Court of Appeal has upheld a ruling that a hotel had acquired the right of way over a neighbouring company’s service road because it had been allowed to use it for 20 years without being challenged.
Husbands and wives are not automatically entitled to a share of each other’s lottery winnings, the High Court has ruled.
Two directors of a car dealership have been disqualified for eight years after failing to keep adequate records for their company, which was experiencing trading difficulties.
A father has been told that he can be jailed repeatedly if he continues to disobey court orders relating to the whereabouts of his four-year-old daughter.
The stakes have never been higher for businesses when it comes to dealing with the problem of late and non-payment of invoices.
There are now so many tenants looking for rented accommodation that the private rental sector (PRS) may soon be unable to meet demand, according to new research.
When buying a home it’s important to check if there are any legal provisions restricting what you can do with the property.
On Wednesday 9th November we hosted a free Digital Marketing Seminar for small to medium sized businesses at our Duke House office in Leeds.
The Government has put forward proposals to allow more small firms to avoid the need to submit audited accounts – saving businesses in the UK an estimated £206m a year.
There’s a growing trend for people to record their internet passwords and login details when drawing up their wills, according to new research.
Are you aware of the dangers of using hair removal creams? We have a claimant who has a 35 year history of intermittently using hair removal creams without problems...
The renewed interest in buy to let properties is spreading from London to other areas throughout the UK, according to new research.
A man who worked for a charity which placed staff in prisons to work with drug users, is fired for forwarding a racist e-mail from his home computer to an ex-colleagues home computer.
The housing market remains sluggish with prices falling by 2.6% in the year to August, according to the latest figures released by the Land Registry.
A firm of surveyors must pay £18m in compensation after giving negligent advice to clients involved in a major property deal.
The overall number of employment cases being brought to tribunals has fallen by 8%, but the number of age related claims has continued to rise.
Four supermarkets and five dairy processors have been fined a total of £49.51m for co-ordinating prices.
A 20-year-old woman has been awarded £21,250 compensation after suffering a chemical burn to her scalp while having her hair coloured at a salon.
Relationships between shareholders in small companies are often tense, but what happens if they refuse allow meetings to take place that could determine the future of the business?
People involved in divorce proceedings sometimes try to ‘hide’ property by transferring it to someone else so they don’t have to share it with their partner.
A salesman who resigned because his firm provided a poor service to his customers has won his claim of constructive dismissal.
When buying a business it’s important to ensure that the seller doesn’t try to entice away clients or customers once the sale goes through.
With mortgages still hard to come by, many people are getting together with friends as a way of buying their first home.
Many businesses are failing to take simple steps that could protect them against late payers, according to research by the Institute of Credit Management (ICM).
There has been a sharp rise in the number of civil partnerships being dissolved in the UK.
A company director has been held personally liable for the discriminatory dismissal of a pregnant employee.
Thousands of people are getting a shoddy deal from companies providing unregulated legal services, according to a report by the Legal Ombudsman.
Companies entering into contracts with businesses abroad need to take care over the small print if they want any future disputes to be settled under UK law.
A man who lost his job after suffering a stroke has been awarded nearly £400,000 in compensation.
Britain’s mortgage lenders are being urged to back a housing revolution by lending more to people who want to build their own homes.
The Government plans to release enough public land to build 100,000 new homes.
A court has ordered that a girl should live with her grandmother because her parents were not capable of looking after her properly.
A commercial tenant failed to exercise a break clause correctly because it was still carrying out repairs to the leased premises after the day it should have given up vacant possession.
There has been a large increase in the number of firms facing critical difficulties, according to new research.
A High Court judge has called for a radical shake-up of “outdated” family laws which he described as no longer fit for purpose.
A recent case in the High Court has highlighted the need for firms to keep a tight control on who signs contracts on their behalf.
Just 7 months after opening an office in Ilkley, The Leeds Law Firm have opened a second office in the Wharfedale Valley, just 8 miles down the road in Guiseley.
The Legal Ombudsman has urged people to be wary of getting legal services from unregulated and often unqualified providers.
The Competition Appeal Tribunal has ruled that penalties imposed on construction firms for using cover pricing were too harsh and should be reduced.
Landlords who rent out a holiday home on a regular basis will soon need an Energy Performance Certificate or risk facing a fine.
The Government has announced new measures to reduce the burden of red tape for businesses.
The Law Society is campaigning for a strict regulation system for all will writers to prevent consumers being exploited.
New rights providing additional paternity leave and pay for fathers have now come into effect.
The Government is to make £250m available to help first time buyers get on the housing ladder.
A director has been banned from revealing confidential information that could damage his former company.
The Government has announced that all divorcing couples will have to consider mediation before they are allowed to go to court to resolve any disputes.
Unpaid volunteers are not ‘employees’ as far as anti-discrimination law is concerned and so they do not have the same protection as paid workers.
The Court of Appeal has ruled that the dismissal of a nurse for making a lewd remark was unfair.
The recession has sparked a surge in the number of disputes between landlords and business tenants, according to new research.
A company has been closed down because it made false and misleading claims about the levels of expertise that it had to offer.
Complex family disputes can arise when people fail to draw up a will and this was illustrated in a recent case before the Court of Appeal.
The Government has confirmed that it is scrapping the Default Retirement Age (DRA) and phasing it out over the course of this year.
Former host of TV show Countryfile, Miriam O'Reilly, has won a claim of age discrimination against the BBC.
NHS pays compensation to women who became pregnant or were injured after receiving a contraceptive implant.
Many people will have made New Year's resolutions to quit smoking or exercise more to improve their lives in 2011. However, lifestyle resolutions are not the only way you can improve matters for yourself and your family.
Every year, thousands of people bring unnecessary hardship on themselves and their loved ones by failing to take some simple legal steps.
Here are three New Year's resolutions relating to the law that could be of great benefit to you and those who depend on you.
Employers faced with decisions on working arrangements to accommodate adverse weather conditions.
An employment tribunal has found that a contestant’s audition on “Britain’s Got Talent” was not covered by the Disability Discrimination Act 1995 (DDA).
Employers are to be named and shamed if they deliberately flout minimum wage laws.
Starting from 1st January next year, the Department for Business, Innovation and Skills (BIS) will publicise cases involving employers who break the rules. The rogue firms will then be given three months to “put their house in order” before further action is taken.
Announcing the new sanction, Employment Relations Minister Edward Davey, said: “Bad publicity can be a powerful weapon in the fight against employers who try to cheat their workers and their competitors. Their reputation can be badly damaged if they are seen to be flouting the law.”
Meanwhile, the new National Minimum Wage rates have now come into effect.
The adult rate rises from £5.80 per hour to £5.93. Employers should also note that the adult rate now comes into effect at 21 instead of 22 as before.
The rate for the 18-20 age group rises from £4.83 per hour to £4.92 and the rate for 16-17-year-olds increases from £3.57 to £3.64.
There is also now an apprentice minimum wage of £2.50 per hour. This applies to apprentices who are under 19 or to those who are over 19 but in the first year of their apprenticeship.
All other apprentices are entitled to the standard rate for their age group.
Please contact Yunus Lunat of our Employment Department if you would like more information.
A 14-year-old boy has been awarded £30,000 compensation for injuries he sustained in a road accident.
The boy was only two years old when the accident happened in 1998. He was travelling unrestrained on the back seat of a car when the driver lost control and swerved off the road. The boy was thrown through the windscreen.
He sustained head and stomach injuries. He was in an intensive care unit for seven days before he woke up and began to say a few words. He became anxious and depressed, and was diagnosed as suffering from post traumatic stress syndrome.
The fracture to his head healed but he was left with a permanent scar which he found upsetting. He brought an action for damages alleging that the accident had been caused by the negligence of the driver.
The driver admitted liability but was not insured so the claim was brought against the Motor Insurers’ Bureau.
He was awarded £30,000 compensation for his pain, suffering and loss of amenity. There was no deduction for contributory negligence in not wearing a seat belt as he was only a child at the time of the accident.
Anyone who is injured as a result of someone else’s negligence is entitled to claim compensation.
Please contact Tracey Stringer of our Personal Injury Department if you would like more information.
It can be devastating to be left out of a will. It’s not just the loss of an inheritance but also the thought that a loved one such as a parent actually decided to cut you off or leave you far less than you were expecting.
There are several reasons why this might happen. The increase in the number of second and even third marriages makes life more complicated these days. People making a will may have to weigh up the conflicting interests of their children against those of their second wife or husband. They may also have to consider the needs of their children from different relationships.
It’s also true that some parents feel less connected to their children than in the past. This could be because families are more mobile these days and children may move hundreds of miles away, making it difficult to maintain a strong parent-child bond. Even if children live nearby, busy lifestyles can mean they rarely find time to visit their parents.
The result is that more and more of us choose to spread our wealth when we make our wills, even at the risk of family disputes.
This has led to an increase in the number of people prepared to mount a legal challenge if they feel they’ve been treated unfairly.
One of the main reasons for contesting a will is that the correct legal formalities were not observed. The person making the will – known as the testator – must sign it in the presence of two witnesses. The witnesses must also sign the will confirming that they observed the testator adding his signature.
The will can be signed on behalf of the testator if he is incapable of doing so himself but it must be in his presence and under his direction.
The other main reason to contest a will is concern over the testator’s state of mind. He must have testamentary capacity, which means he must know what he is doing and understand what the will is saying.
The will could be ruled invalid if it can be shown that the person lacked this capacity - usually through illness. This has become more of an issue as people live longer and develop age related illnesses such as dementia.
This can leave them prey to unscrupulous family members or even carers who may persuade them to change their will in a way they would not do if they were in good health. There should be no undue influence from anyone trying to benefit from the will. If you can prove there was undue influence then the will would be ruled invalid.
A will can also be contested if you believe it has been forged, although that can be difficult to prove.
If you wish to mount a challenge then you should contact a solicitor who can enter what’s known as a caveat at the Probate Registry to prevent the will taking effect while your case is considered.
Please contact Dominic Mackenzie if you would like more information about the issues raised in this article.
A woman has won the right to keep her children with her in England after a court ruled that an eight-year-old and a six-year-old were not too young to have their views taken into account during a parental dispute.
The case involved a couple who had three children during their marriage. The family had lived in the Republic of Ireland until 2009 when the woman decided to leave and take the children aged eight, six and three to England. She did not inform her husband that she was leaving.
He then began proceedings to have the children returned to him in Ireland. The woman claimed that she left him because he drank excessively and was violent and abusive towards her. He denied those allegations.
The woman opposed her husband’s application on several grounds including the fact that the eight-year-old and the six-year old did not want to return to Ireland. They had told an officer from Cafcass - the organisation that protects the interests of children in court proceedings - that they were frightened of their father and did not want to return to him.
The father submitted that the children were too young to have their views considered.
However, the High Court held that there was no absolute cut-off age for deciding whether or not a child was sufficiently mature enough to express an opinion. It held that in this case, the two children had shown they had a sufficient degree of maturity to have their views taken into account.
They had nothing positive to say about their father and had told the Cafcass officer that they were frightened of him. Those views should be respected and so the father’s application to have the children returned to Ireland had to fail.
Please contact Ruth Flowers if you would like more information about issues relating to family law.
The Court of Appeal has ruled that a man had used undue influence over his partner when he persuaded her to give him a joint share in her bungalow.
The woman already owned the bungalow when the couple began their relationship. She transferred the property into joint names and the couple then bought an adjacent piece of land using some of the man’s money.
They then bought a cottage with some cash provided by the man but with most of the money coming from a mortgage advance on the security of the bungalow.
The couple then moved into the cottage and sold the bungalow. Their relationship ended shortly afterwards.
The man claimed half the money from the sale of the bungalow and adjacent land, and also claimed that he was entitled to a half share of the cottage. The woman contested the claim on the basis that he had obtained a position of ascendancy over her because of her mental condition.
She said he had used undue influence on her and had started to run her finances.
The judge ruled in favour of the man at the original hearing but that has now been overturned by the Court of Appeal. It held that the man had contributed far less than the woman in the acquisition of the land and the cottage. She had also made him a substantial gift when she transferred the bungalow into joint names.
The court held that he had used undue influence on her and was not entitled to the joint shares that he claimed. However, he was entitled to a smaller share of the proceeds representing his contribution to their joint purchases.
The case was remitted so the exact figures could be worked out in accordance with the court judgment.
Please contact James Perry if you would like more information about the issues raised in this article.
Recent changes in the tax regime could have an adverse effect on many trusts and wills.
The new Government’s first budget increased Capital Gains Tax (CGT) to 28% for higher rate taxpayers. The Law Society has warned that this new rate “will charge any gains made while an estate is being administered and also gains for the duration of a trust”.
Will trusts, which are often created for the benefit of children, are particularly vulnerable to the changes.
The President of the Law Society, Robert Heslett, said: “Many hardworking families will often look to create a protective tax regime for their children in the event that they are orphaned at a young age by leaving assets in trust until the children are old enough to manage the assets without the guiding hand of their parents.
“There is a real danger of trust assets being eroded through a combination of income tax at 50 per cent, CGT at 28 per cent and the impact of the changes to the inheritance regime introduced in 2006.
“Personal representatives, trustees and anyone else appointed to set up a trust and settle assets within it should urgently seek advice from their solicitor to ensure that arrangements are structured as tax efficiently as possible for the benefit of these vulnerable beneficiaries in the light of these new developments.”
Please contact Dominic Mackenzie if you would like more information about wills and trusts.
The Government has confirmed that the Equality Act will start to come into effect in October.
On 15 July 2010, a housing trust's appeal against a decision not to strike out a tenant's claim against them failed. The claim was for failing to stop nuisance on land that they were in possession of.
A judge was entitled to settle a neighbour dispute by assessing the lie of the land when it was unclear from the legal documents where a boundary should be placed.
