Legal news
Where there’s a will, there’s a way round care home fees
01.02.12
Government plans to raise the proposed lifetime cap on care fee contributions by the elderly to £60,000 have been met with a storm of protest, but those who wish to provide for care in retirement are being encouraged to take steps to protect their assets now. read more
A number of key changes to employment law are being introduced in 2012, is your business prepared?
19.12.11
Small businesses in particular should take note of the changes that will be coming into force in the coming year as the cost of failing to do so can often have drastic effects. read more
Cooking up confusion on what counts as family assets
21.11.11
Confusion reigns in the divorce courts over the division of matrimonial assets in England and Wales with the news that the High Court has refused to award a man a half-share of his ex-wife's lottery prize but elsewhere the Court of Appeal has included a husband’s inherited wealth in a payout to his former wife. read more
Why would anyone fall for an obvious scam?
18.11.11
Regular reports in the media demonstrate that financial abuse of the elderly and vulnerable in society is a real issue. Hampshire Trading Standards report, over the last eight months, they discovered vulnerable residents who have been defrauded out of over £5,000,000. One gentleman alone is understood to have lost £4,000,000 on fake shares and investments. read more
The first person sentenced for an offence under the Bribery Act 2010
18.11.11
In June 2011 we published an article on the Bribery Act 2010, which came in to force on 1 July 2011, warning of its potential impact and wide reaching effects on individuals and businesses. read more
Common sense comes out on top in contract dispute
03.11.11
Victory for common-sense as judgment is given in long running battle over bank payout read more
Get your head out of the clouds and protect electronic assets
26.10.11
Online assets could end up in a black hole or in the hands of fraudsters, if individuals do not find a secure route to pass on to their family confidential passwords and account information in their wills read more
Business needs to look inside the latest gift horse on employment rights
11.10.11
The latest changes to unfair dismissal rights are not a clear cut route to fewer tribunals as discrimination claims are likely to fill the gap and employers must also deal with the challenge of managing social media in the workplace. read more
Murphy's Law threatens premiership football revenues
05.10.11
A ruling by the European Court of Justice has opened the door for millions of households and pubs across the UK to receive cheap screening of live Premier League matches via other EU television companies. read more
Chewy lesson for business as Bertie Bassett fires the last shot
22.09.11
In a battle over contract terms, a Court ruling has left a company with a £110 million liability, saying that it comes down to who fires the last shot. read more
Reality is what counts in a contract
06.09.11
Employer is made to face up to regulations and responsibilities read more
When bothersome building work can lead to harassment
22.08.11
Property owners who carry out building works could find themselves liable not just for nuisance, but also for harassing their neighbours if their behaviour amounts to deliberate and persistent tormenting. read more
Kernott v Jones
05.08.11
In a recent survey it was reported that in the 16-44 age group there were more cohabitating couples than any other type of relationship. At present, however, there are not as many financial remedies available to cohabitants as married couples. Nonetheless, cohabitants still end up in challenging financial situations when they separate just as married couples do on divorce. read more
Changes to the Child Maintenance System
05.08.11
On 1 November 2008 the Child Maintenance and Enforcement Committee (CMEC) took over the running of the Child Support Agency (CSA) and it is anticipated that the new ‘gross income’ Statutory Maintenance scheme will be introduced in 2012. It is also hoped that by 2015 there will be a single system of child maintenance within England and Wales. read more
Is it the end of the road for Legal Aid?
05.08.11
Legal Aid was introduced into England and Wales in 1949. It provides legal assistance to those in receipt of benefits or low incomes that would not otherwise be able to afford privately funded legal advice. At present, Legal Aid has a budget of over £2 billion per year. read more
Innovating companies need to shine up their patents
03.08.11
Innovation companies need to gear up to maximise the advantageous tax regime that’s set to be introduced later this year for patented products. read more
Say what you mean, and mean what you say
01.07.11
When you mean what you say, are you saying what you mean? As the Mad Hatter told Alice, the two are not the same at all. read more
Fire risks equal heavy fines
23.06.11
Businesses should take note of the misfortune of Shell UK and a breach of fire regulations which recently led to them being fined at the Inner London Crown Court the sum of £300,000 together with a costs order of £45,000 following two small fires at their London offices. read more
Take action on bribery now!
23.06.11
The Bribery Act 2010 comes into force on 1 July 2011 and is an important piece of legislation that both employers and employees need to be aware of as the consequences of non compliance can result in a heavy financial penalty or in the more serious cases imprisonment. read more
Business must ready itself for new temp worker rights
17.06.11
Businesses need to get set to deal with new regulations controlling temp workers, with an estimated implementation cost of £1.8 billion per annum for UK companies. read more
Business must keep close eye on web law
06.06.11
Everyone is talking about privacy laws and the need for Parliament to legislate for the problems raised by the new online communities such as Twitter, but we haven’t heard much about the EU’s Privacy and Electronic Communications Directive, with new amendments that were set to have full force from the end of May. read more
Fakin’ it when they should have been makin’ it....
19.05.11
The partner of a millionaire estate agent who died suddenly has been found guilty of creating a fake will, when she discovered his divorce had never been finalised. read more
Court of Appeal gives guidance on employers’ duties to provide protective clothing
16.05.11
The duty on employers to provide suitable protective clothing is a high one, requiring a comprehensive risk assessment, the Court of Appeal has emphasised in a recent case. read more
Extent to which business can rely on contractor’s risk assessment clarified
16.05.11
Businesses will welcome a decision by the Court of Appeal saying that, if a contractor has already carried out its own risk assessment of its work, the business that uses the contractor can make their own risk assessment less rigorous. read more
Confidential information can now be better protected
16.05.11
For the first time, businesses may be able to force alleged wrongdoers to provide information, or answers to questions, that incriminate them in disputes involving misuse of the business’s confidential information, following a recent legal decision. read more
When neither side’s terms of business apply
16.05.11
Two businesses arguing about whose standard terms applied in a dispute found that neither of their standard terms applied, as the High Court decided that terms implied under general business law applied instead. read more
Numbers cannot be registered as trade marks if they are descriptive
16.05.11
Businesses using numbers as trade marks – to distinguish their goods or services from those of other traders – cannot register them if they are descriptive, the European Court of Justice (ECJ) has decided. read more
When terms can be implied into contracts because of market practice
16.05.11
Businesses trading in sectors that operate well-known market practices or use industry customs will welcome guidance from the Court of Appeal on when those market practices could be implied into their contracts with clients, customers, suppliers and others. read more
Dealing with casual sexism at work
16.05.11
If an employee ‘does an Andy Gray’ in your workplace, find out your liability as an employer and how you should handle the situation, to avoid legal claims and do right by your employees. read more
Fired for Facebook comment – fair or unfair?
11.05.11
Employees’ use of Facebook has been an issue with which employers have struggled since its launch in 2004. With over 30 million Facebook users in the UK it is a safe assumption that almost every workforce in the UK is affected in some way by this issue and it is of course noteworthy that Facebook is only one of many social networking sites. The issue of employees posting comments, relating to their employment, on Facebook has been the subject of two recent Employment Tribunal cases. In both cases the employees claimed unfair dismissal when they were dismissed for making comments on Facebook, an issue that is likely to be the subject of many more cases in the near future. read more
Landlords left confused on disability ruling
09.05.11
Landlords have been left baffled where they stand on the Disability Discrimination Act after the Court of Appeal rejected a claim by a disabled tenant. read more
Court of Appeal Success for Aldridge Brownlee Clients
13.04.11
Aldridge Brownlee Solicitors LLP acted for the successful Respondents in a case in the Court of Appeal which has been widely reported in the legal press. On the 9th March 2011 the Court of Appeal gave judgement for our clients and in the process laid down guidelines for appeals in circumstances where the Appellant fails to turn up to trial. read more
Don’t panic says Bribery Act Guidance
13.04.11
Long awaited guidelines allay concerns over implementation of the Bribery Act 2010, but business cannot ignore the need to prepare for the implementation in July. read more
Landlord left with £270,000 property repair bill after consultation blunder
12.04.11
A landlord who failed to consult with leaseholders cannot recover the £270,000 spent on the property from the leaseholders, according to a Court of Appeal ruling in the case of Daejan Investments Ltd v Benson and Others. read more
New rules for employers taking on Tier 2 (General) migrants from outside the European Economic Area
05.04.11
Employers hiring Tier 2 (General) migrants from outside the European Economic Area (EEA) are working to new rules from 6 April, which will make it harder for them to recruit workers than before. read more
Mediation compulsory before couples can divorce in court
04.04.11
From 6 April divorcing couples must attend mediation assessment meeting before they are allowed to use the courts, under new Ministry of Justice rules. read more
Second regulations published as new retirement age rules loom
01.04.11
The Government has now published a second set of draft regulations abolishing the employee default retirement age, making complex and important changes to the transitional rules. Find out what the new rules are, and when employers need to take special care. read more
Additional paternity rights for employee fathers take effect
01.04.11
Employers of fathers of children whose expected week of birth begins on or after 3 April must allow them additional paternity leave under new paternity regulations now in force. read more
Research and property look set to gain in Osborne’s “budget for growth”
25.03.11
Chancellor George Osborne’s delivered his second budget this week, saying it was intended to provide “enduring growth for the future”. As commentators and analysts weigh up the package of measures, it is charities, the property sector and research-based businesses that look set to be the winners. read more
Householders need not fear administration of Tchenquiz’s Peverel Group say experts
15.03.11
Aftershocks of Tchenquiz investigation raises concerns for 300,000 homeowners across the UK living in property managed by their Peverel Group company read more
Employees have rights even when company is insolvent
03.03.11
Companies entering so-called pre-pack administration arrangements will have to deal with TUPE rights for employees. read more
Estranged daughter takes disinheritance to appeal
15.02.11
An estranged daughter who eloped at 17 and was disinherited is challenging her mother’s will in the Court of Appeal. read more
Anti-corruption law delayed but business still on countdown
07.02.11
Business needs to buckle up its processes to protect against the forthcoming Bribery Act which will create the toughest anti-corruption regime in the world read more
How business can keep the cash flow flowing
03.02.11
In times when profits are being squeezed, cash flow becomes all the more important, especially to small, owner-managed businesses. read more
The Coalition Government’s consultation on reform of the Employment Tribunals’ service
01.02.11
The government’s consultation on the employment tribunals’ in England and Wales was published in January 2011. It invited responses to various, in some cases very significant, proposals for reform of the employment claims system. The consultation period ended on 20 April 2011 and the outcome is, at the time of writing, unknown. What is universally accepted is that there is likely to be significant changes in the way the employment claims system operates over the coming year. The key proposals in the consultation paper are as follows, it remains to be seen which of these proposals are implemented and in what form. read more
Courts refuse to help law breakers use loophole
24.01.11
Councils get go ahead to use powerful weapon in planning permission enforcement. Individuals who try to bend the rules on planning permission have been dealt a blow following the outcome of a recent case in the Court of Appeal. read more
Planning strategy ping pong throws planners and developers into confusion
20.12.10
The Government’s attempts to abolish regional housing strategies are causing confusion for developers and for local planning authorities alike. read more
Negotiating a Happy Christmas for the Children
16.12.10
Divorced and separated couples who cannot agree on arrangements for children over Christmas should consider mediation to work things out, rather than an application to the court, according to family experts. read more
House sellers warned how to deal with gazundering
25.11.10
House sellers are being warned to watch out for “gazundering” in the current tough conditions of the residential property market. read more
Employers must minimise stress for workers
01.11.10
This month’s National Stress Awareness Day has focussed attention on the problem of stress in the workplace and is a reminder to employers that stress is a health and safety issue that they ignore at their peril. read more
Clearing up the case for redundancy during maternity leave
28.10.10
A tribunal has ruled that redundancy during maternity leave does not automatically mean unfair dismissal, but employers have been warned that this is not a green light for change. read more
Analysis and comment on the decision of the Supreme Court in the case of Radmacher v Granatino
20.10.10
Analysis and comment on the decision of the Supreme Court in the case of Radmacher v Granatino, published on 20th October, on the matter of pre-nuptial, or ante-nuptial, agreements. read more
Residential landlords face rent threshold rise for assured shorthold tenancies
19.10.10
Residential landlords are being urged to check their position, following a change in law that has seen the maximum rent level for assured shorthold tenancies quadruple to £100,000. read more
Keeping up with the web and the law
01.10.10
Restrictions relating to online advertising are the latest in a series of regulations affecting company websites. read more
Toilet clock off lands employers in tribunal
03.09.10
With the summer holiday season over and children back to school, employers are being urged to check where they stand following a spate of recent tribunals covering a mix of potential pitfalls, including holiday pay for employees on long term sick leave; clocking employees use of the toilet and redundancy treatment of mothers returning from maternity leave. read more
Unfair double taxation is under the EU spotlight
18.08.10
EU Commission launches consultation on ways to tackle cross border inheritance tax obstacles within the EU. European property owners are amongst those now waiting to hear the outcome of a consultation by the European Commission that aims to tackle unfair cross-border inheritance taxes levied by member states which can leave families paying taxes twice. read more
Multi-millionaire divorce sparks law change branded a cheat’s charter
04.08.10
Following a controversial Court of Appeal decision, spouses in proceedings for financial provision on divorce now have no legal right to keep copies of documents copied unlawfully in breach of confidence in order to try to prevent concealment of assets by the other spouse. read more
Business warning on email contracts
22.07.10
Business managers have been given a fresh reminder of the danger of negotiating commercial deals by email without making it clear at what point they intend there to be a legally binding contract. read more
Landlord sets testing homework for the Revenue
30.06.10
A blow for victory was struck for small time landlords when HM Revenue & Customs were forced to back down over their challenge of tax deductions for repairs that were part of a refurbishment project. read more
Not a budget to cheer about but some bonus for business
23.06.10
There’s some cheer in alcohol duty rates being held, but little elsewhere in the Coalition Government’s first budget, with a 2.5% VAT rise. read more
Certainty over fairness for unmarried property owners
21.06.10
Unmarried couples who buy a house together must make sure they have a written agreement setting out exactly who owns what. That is the advice following a Court of Appeal ruling where a woman was forced to hand over half of a house to a former partner, even though he had stopped contributing when he moved out. read more
Employers should plan to avoid World Cup absenteeism
09.06.10
Many employers are bracing themselves for hours of lost time this summer as football fan employees call in sick, or request time off at short notice in order to watch the World Cup. HR Magazine reports that, according to research by PriceWaterhouse Coopers, 53% of working males and 21% of females intend to watch the afternoon games live. read more
Investors must move quickly to beat the CGT rate increase
27.05.10
Owners of second homes and investors should move quickly if they plan to sell this year, following the news that the Government has confirmed in the Coalition Agreement that it will raise the rate of Capital Gains Tax (CGT) for non-business assets in its summer emergency budget. read more
More answers than questions on company insurance renewals
12.05.10
Companies are at risk of leaving themselves uninsured if they fail to disclose relevant information, even if they have answered fully every question on an insurance proposal form. read more
A last minute scramble for equality
28.04.10
The Equality Bill finally became law in the scramble to rush through legislation in the final hours before Parliament was dissolved in the run up to the General Election. read more
Holiday home owners back in business with pre-election trade off
15.04.10
Property owners who let out second homes to holiday makers were thrown into confusion last week after the Tories forced a u turn on the Government’s tax policy for second homes. read more
The 2010 budget
25.03.10
Yesterday the Chancellor delivered a Budget speech with one eye firmly on the up-coming General Election. The headline measures such as relief from Stamp Duty Land Tax for first-time buyers and index-linking ISA limits were aimed at pleasing the man in the street, as were the tax increases for the wealthy that he announced. read more
When an employer may say “Get your hair cut”....
15.03.10
A recent Employment Appeal Tribunal (EAT) ruling has clarified the law relating to sex discrimination and dress codes at work and will make it harder for employees to claim successfully for discrimination. read more
Contract ruling puts emphasis on agreeing key terms
04.03.10
Businesses cannot expect the courts to uphold a contract for them if they provide goods or services expecting a contract to be signed, but the other party then pulls out of the negotiations and refuses to sign. read more
Back Off On Bullying Or Else…
03.03.10
Workplace bullying is in the spotlight following this week’s allegations against Prime Minister Gordon Brown and employment law experts are encouraging companies to check how they’re performing, pointing to research which suggests the problem is on the increase. read more
Whither The Property Market?
22.02.10
The calendar, if not the weather, tells us that spring is approaching and homeowners, estate agents and solicitors up and down the country are wondering whether 2010 will see the traditional upsurge in the property market in April and May. read more
Employers get clear guidance on holidays
15.02.10
A ruling by the Employment Appeal Tribunal has given employers a clearer picture of the limits that they can place on the holiday rights of employees. read more
Companies Trading Overseas Face Minefield Under New Regulations
05.02.10
Companies who do business abroad are being warned to check the small print following the introduction of new regulations for transactions between European Union countries. read more
Justice Minister urges action to protect personal financial affairs
18.01.10
The Court of Protection is facing a barrage of criticism for its red tape and inefficiencies, which include relatives waiting up to six months to be given control of financial affairs. read more
Don’t rush into divorce
07.01.10
The new year is traditionally a busy time for divorce lawyers. Many families pour so much time, effort and money into Christmas, the reality can fail to match up to expectation. Add too much alcohol and too many visiting relatives, and the festive season can start to look like a family disaster waiting to happen. read more
Victory for property developers in sewage dispute
16.12.09
A judgment of the Supreme Court will be welcomed by all property developers, particularly those involved in large scale sites. read more
How Santa deals with all that sticky tape.....
16.12.09
At this time of year, if you mention red tape you probably think of the sticky stuff you’re putting on your parcels ready to go under the tree. read more
“Buyer beware” drive for Internet shoppers
09.12.09
In the week that is set to be a boom time for online Christmas shopping, experts are warning consumers to watch out when they shop. read more
Banks off the hook – but some customers win too
26.11.09
The banking industry breathed a sigh of relief this week when the tide finally turned for them and the Supreme Court ruled in their favour in a test case on overdraft charges. read more
Make sure you know the new rules on redundancy
25.11.09
In these days of accelerating redundancy pay we are keen to highlight to businesses the recent rises in redundancy pay. read more
Claw Back On Tips Gets Customer Criticism
11.11.09
Restaurants are following the letter of the law in implementing new rules on tipping, which are designed to boost wages for waiting staff, but many are ignoring the spirit of the legislation and charging staff an administration charge for tips left on credit cards. read more
Protecting yourself against the unknown
03.08.09
Since the Government introduced the Lasting Power of Attorney (LPA), we are recommending that younger people consider it as a way of protecting their dependents. read more
Legal Aid - 60th Anniversary
16.07.09
Introduced in 1949, Legal Aid meant for the first time that there was equality of access to justice, seen as a fundamental part of our society. Initially focused on matrimonial issues, the scheme has extended over the years covering many different areas including civil, crime, housing and benefit advice. read more
Sale and rent back
15.07.09
The Office of Fair Trading (OFT) has issued a report calling for statutory regulation of the sale and rent back sector. This is a relatively new type of property transaction whereby firms buy homes from individuals, usually at a discount, and then allow those individuals to stay on in the property as tenants. It is estimated that there are upwards of 1,000 firms, together with an unknown number of non-professional landlords, who have conducted about 50,000 transactions to date. read more
Changes to the Employment Act
09.04.09
When the Employment Act 2008 came into force on 6 April 2009, it repealed the unpopular statutory dispute resolution procedures which caused so much uncertainty since they were introduced in 2004. read more
How the credit crunch is affecting legacy values
07.01.09
One result of the credit crunch and recession is the falling value of personal estates, which is making it more important than ever that people update their wills. read more
December 2008
22.12.08
The BBC reported this week that the festive purge by police in relation to drink/drug drivers has begun. read more
Changes to Child Maintenance System
03.11.08
From November 1st 2008, the Child Maintenance and Enforcement Commission (CMEC) replaced the running of the Child Support Agency. read more
A number of key changes to employment law are being introduced in 2012, is your business prepared?
01.01.70
Small businesses in particular should take note of the changes that will be coming into force in the coming year as the cost of failing to do so can often have drastic effects. read more
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