Right to Buy discounts of up to £75,000 now available
The revamped Right to Buy scheme came into effect on 3rd April and provides some tenants with discounts that are three times higher than were previously available. Up to 2.5million tenants could benefit. The Government has pledged that homes sold under the scheme will be replaced by new properties for rent to ensure that there…
Landlords must comply with new tenancy deposit rules
If they fail to do so, they could face fines and find it harder to evict tenants. The new rules are part of the Localism Act, which redefines the way landlords should protect the deposits given to them by their tenants. Tenancy deposit schemes were originally introduced in 2007. Under that system,landlords had to protect…
Teenager awarded £5,000 after falling off faulty bicycle
He had been riding his mountain bike along an approved track that went through woods and included lots of twists, turns and jumps. As he was travelling downhill, he took a relatively small jump and when he landed, his right handlebar snapped. The boy went flying over the handlebars and his body hit the ground…
Will writing to be regulated to protect the public
The move comes after a long investigation by the Legal Services Board (LSB) – the body that oversees the regulation of legal services. The issue arose because at the moment, anyone can set up in business as a will writer, even though they have no qualifications, no insurance and are not regulated in any way….
The Challenges and Opportunities faced by Social Housing in light of reform of the Localism Act
Angela Macready, of Ison Harrison, along with Linda Stevenson, of QI Research, would like to invite you and your colleagues to a free workshop to discuss the challenges your organisation faces. Angela, among other specialisms is a legal advisor to the social housing sector and Linda facilitates dialogue between social housing associations and tenants, conducting…
Assert your property rights or you may lose them
Failure to do so could result in you losing ownership, as happened in a recent case before the High Court. It involved a couple who owned a piece of land close to their home. A neighbour started to use this land to park his car. The couple did not challenge this. The neighbour then fitted…
Mother wins appeal against returning her son to Australia
The mother had abducted her two-year-old son after her relationship with the father broke down. She said the father had a problem with alcohol and drug abuse, and had been violent and threatening towards her. She provided evidence from a psychologist saying that she suffered from chronicanxiety, which would be likely to cause clinical depression…
TUPE transfer ‘amounted to unfair dismissal of bus drivers
The casearose when the bus operator Centrewest transferred one of its routes in London to another operator,Abellio.The drivers were to keep their jobs but would need to work from a new depot six miles away. They resigned because the extra travel time to work was unacceptable to them. Their claim of unfair dismissal was based…
Businesses are asked for their views on workplace dismissal rules
The move is part of the wide ranging Employment Law Review, which aims to assess the awareness, understanding and the use of the Acas Code of Practice on Discipline and Grievance. The Review will also look at the idea of compensated no-fault dismissal formicro-businesses with fewer than 10 employees. The Business Secretary Vince Cable said:…
Developer must repay deposits after contract breach
However, it was not the delay itself that caused the problem, but the lack of due diligence in failing to get the work done as quickly as possible after problems arose. In February 2008, the developer took deposits from several people buying long leases on flats in a large apartment block. The flats were due…
Will declared invalid over signing error – adopted son loses out
The court ruled that the wills therefore had to be declared invalid. Alfred and Maureen Rawlings befriended and unofficially adopted orphan Terry Marley when he was 15. They already had two sons of their own. Mr Marley lived with them for 30 years and looked after them in their old age. The couple intended to…
Will power can prevent family disputes over your money
This is partly due to the increasing number of people having second marriages and relationships. More complicated family networks can lead to conflict. A typical problem might arise when a man marries for a second time but then leaves most of his wealth to the children of his first marriage. The second wife may feel…
The Queen’s Diamond Jubilee – is it a Holiday?
The Working Times Regulation 1998 allows 5.6 weeks’ annual leave. This equates to 28 days full time with part time workers having a pro-rata entitlement. It is important to bear in mind that although the 28 days is generally seen as 4 weeks of 5 days plus 8 bank holidays, the Regulations do not allow…
Judge urges neighbours to avoid costly boundary disputes
Lord Justice Mummery’s comments came after the end of a long legal dispute between two neighbours over a small strip of gravel between their homes. The details of the dispute are less important than the fact that Lord Justice Mummery felt the cost of legal action for both sides was out of all proportion to…
Do you need to take a stand over late payments?
Ministers also want businesses to sign up to its Prompt Payment Code, which already represents about 60% of the supply chain value in the UK. The Code is designed to encourage best practice and the Government is trying to set an example by pledging to pay 80% of invoices within five days. These are welcome…
Government widens its search for land to build new homes
HousingMinister Grant Shapps recently announced that he wants local authorities and Government departments to release enough land for 100,000 homes by 2015. He said the Government had already found enough land for 80,000 homes and more plots were still being identified. He said he was also looking outside Government departments and was working with organisations…
Delay proves costly for company seeking damages
The company had hired a firm of builders to carry out some roofing and cladding works at a new factory. A contract was agreed which stated that in the event of a dispute, no action could be taken after the expiry of a one-year period from when the builders last performed any services. The work…
HSE revises its guidance for employers on home working
The new guidance relaxes some of the regulatory requirements and recognises that a lot of work carried out at home is going to be “low-risk, office-type work”. In these circumstances, as an employer, you are only responsible for the equipment you supply. Turning to higher risk activities, the guidance says: “If your staff work at…
Shared parenting agreements will ‘benefit children and families’
The reforms being introduced by the Ministry of Justice (MoJ) are intended to strengthen parenting and reduce the time cases take to get through the courts. The Children’s Minister, Tim Loughton, said: “On the issue of shared parenting, we accept the need to clarify and restore public confidence that the courts properly recognise the joint…
Gay barrister was a victim of discrimination
Lee Bennett joined the fraud specialist law firm Bivonas in 2007. His role involved bringing in new work and liaising with barristers outside the firm. Staff at the firm knew he was gay. One day he found a note written by a senior colleague which claimed that Bennett “takes our cases to his batty boy…
Divorcing husband must pay more after failing to disclose assets
The case involved a mature couple who separated after several years of marriage. They agreed a clean break settlement in which the wife received a lump sum of £176,000. However, the wife later began to suspect that the husband had not revealed all his assets when the settlement was agreed and she applied to the…
Incorrect redundancy procedure leads to unfair dismissal claim
Firms that find themselves in this position need to take great care to ensure the correct procedures are followed. Failure to do so could result in a successful unfair dismissal claim, as a recent case illustrates. It involved a woman who worked as an actuary alongside three colleagues. They each had their own portfolio managing…
More ‘reluctant landlords’ entering the housing rental market
A survey of ARLA members showed that 47% had seen a rise in “unplanned lettings” by homeowners who either couldn’t sell or wanted to wait until the market improved so they would be able to sell for a higher price. It means that there are now many “reluctant landlords” who are turning to the private…
Insurers get injunction against rival firm set up by employees
The court found that the group had committed numerous breaches of their employment contracts and fiduciary duty. They enticed others to resign and also used confidential company information while still employees. The insurers claimed that the launch of the rival business was only possiblebecause the employees had breached and abused their employment contracts on several…
Does your business need a ‘pre-nup’ agreement?
This is particularly true for new or small businesses. For example, if two directors have equal shares in a joint venture, settling disputes can become very difficult. At that point, just like many married couples, both sides may wish they had a business ‘pre-nup’ in place. Such agreements should set out how disputes should be…
Rise in number of divorcees sharing pension funds
There are thought to be several reasons for the increase. The recession has reduced many people’s incomes and the value of assets such as stocks and shares. Property values have also fallen dramatically and the slump in the housing market means that homes can be difficult to sell. Money held in other high value assets…
Failure to pay interest invalidated break clause notice
The fact that the landlord had not sent a demand for payment made no difference. The case involved a tenant that had taken out a ten-year lease on commercial premises. There was a clause saying the lease could be terminated if the tenant gave three months notice of the specified break date. The notice would…
Teacher receives compensation after attack by pupil
The teacher was 49 years old when she was attacked at the school where she worked. She was pushed against a wall and the pupil then struck her on the shoulder with aschool bag. She sustained injuries to her neck and shoulder, and suffered from post traumaticstress disorder for two years after the attack. She…
Man’s death bed will upheld despite challenge by children
The man had lived with his partner for 32 years. He had children from an earlier marriage and also from an extra-marital affair. He fell terminally ill and so shortly before he died, he made a will leaving all his substantial estate to his partner. The will was prepared by his solicitor and read to…
Would you like to set up your own business?
The ‘Business in You’ campaign highlights the support available for people wishing to start a new business or develop an existing one. A statement from the Department for Business Innovation & Skills says: “Small businesses are the lifeblood of the British economy. Here we find the people with unusual and inspiring ideas, people who have…
Stamp duty holiday for first time buyers coming to an end
The scheme was introduced by the Labour Government in 2010 as a way to boost the housing market. It removed the 1% stamp duty tax for first time buyers on properties worth between £125,000 and £250,000. Many buyers hoped the holiday would be extended but the Coalition Government has confirmed that it is being scrapped…
You don’t have to be ill to use Lasting Powers of Attorney
This is because people often set up an LPA as a way of protecting their interestsshould they lose mental capacity in the future. This can provide great peace ofmind for people who fear their health may deteriorate with age. LPAs enable you to nominate someone such as a family member or trusted associate to make…
Surge in number of parents abducting their children
In seven out of ten cases reported to reunite, it was mothers who were responsible for the abductions. The Acting Director of reunite, Alison Shalaby, said: “It isconcerning that we have seen such a large increase in the number of childrenabducted, especially as we know this is just the tip of the iceberg – manycases…
PM wants to ‘kill off health and safety culture
He says he wants to address “the fear from businesses of being sued for trivial or excessive claims”. The Government is now planning to change the law on strict liability so that businesses will no longer be automatically at fault if something goes wrong. It will also investigate the demands made by insurance companies which…
Estate agent in court over Data Protection offence
The Data Protection Act 1998 requires organisations or individuals who process personal information in an automated form to notify the ICO, unless they are exempt. Failure to do so is a criminal offence and could lead to a fine of up to £5,000 in a Magistrates Court. If the case goes to the Crown Court…
Sales manager breached his duty when setting up rival company
The manager was working for an information technology consultancy when he decided to set up a new company of his own. While preparing his new venture, he downloaded some of his employer’s business contacts and copied invoices in order to use them for his own purposes. He also obtained contracts for his new company while…
NHS director awarded £933,000 in race discrimination case
Elliot Browne, who is 55, had worked for the NHS for more than 30 years. His career came to an end in 2008 when he lost his management job with Central Manchester University NHS Foundation Trust. Mr Browne claimed he had been harassed and verbally bullied because he was the only black director in his…
More landlords taking action against tenants in arrears
Figures released by the specialist receivers, Templeton LPA, also show that the number of tenants in “severe arrears” of more than two months rose by 18% last year to 78,970. That’s the highest level since the third quarter of 2008. Paul Jardine, director and receiver at Templeton LPA, said: “The soaring cost of renting has…
Inheritance tax cuts to support charity will start in April
The plan was announced in last year’s Budget statement. Chancellor George Osborne said that if at least 10% of the estate is left to charity, IHT will be cut by 10%.This would reduce the rate from the standard 40% to 36% for qualifying estates. It’s hoped that the measure will encourage more people to leave…
Don’t overlook new tax relief for property investors
The change rectified the situation whereby if an investor bought a property containing several flats from the same seller, the rate of SDLT would be determined by the total amount payable. For example, if there were five flats at £250,000 each then the total purchase cost would be £1.25m. SDLT would then be charged at…
New rules aim to prevent risky mortgage lending
The Financial Services Authority (FSA) wants tighter controls so that people don’t borrow more than they can afford and are properly informed when they take out amortgage. It says it wants “common sense” standards to apply in future. An FSA statement said: “The Mortgage Market Review aims to prevent a recurrence of the irresponsible lending…
Employees will have to pay to bring tribunal claims
Ministers say the move will relieve pressure on businesses and reduce the £84m annual cost to the taxpayer. The Ministry of Justice has now begun a public consultation on the proposals, which are designed to ensure that those who use the system make a contributiontowards the costs. The consultation offers two options for consideration: Option…
Till turning 60 do us part – divorce in later life
The latest figures show that the overall divorce rate across all age groups fell by 11% between 2007 and 2009. However, the figure for the over-60s rose by 4.2% to 11,507 over the same period. There are probably several reasons for this. People are living longer, more active lives. Many couples find they have grown…
When a letter can amount to a written contract
The case arose after the architects agreed to carry out consultancy services for a local authority under a framework agreement. The work was to be carried out in two stages. The first stage was completed without incident but there was a disagreement about fees for the second stage. The architects claimed they were entitled to…
Developers must pay extra after selling land cheap
The developers bought the land from the authority with a view to creating abusiness park. The authority retained a share in the open market value of theland, which meant an uplift was payable if the developers disposed of the landby sale or lease, or if they wanted to buy out the authority’s share. The developers…
Local authorities lose appeal over planning permission for HMOs
The need for planning permission was introduced in April 2010 by the last LabourGovernment after it had conducted a consultation with interested parties theprevious year. However, the new Coalition Government decided that imposing a blanket need for planning permission in such cases could not be justified. It feared it would deter landlords from providing much…
Proposals to help both married and cohabiting couples
This can sometimes create problems for partners and close family members who don’t inherit as much as they expect or believe they deserve. Cohabiting couples are particularly at risk because if one dies without having made a will, the other has no automatic right to inherit the estate. This applies even if the couple have…
Golfer receives nearly £400,000 after being hit by ball
The accident happened when the novice visited a golf club in 2007. He and his companions were approaching the 7th tee when they heard a warning cry of “fore”. The novice golfer ducked his head and raised his hand to protect himself but was still struck by the ball. His injury was so bad that…
OFT updates its guidance on debt collection
The revised guidance highlights specific practices that the OFT considers to be unfair, such as using Facebook, Twitter and other social networking sites to contact debtors. It says that it is not acceptable to contact debtors at unreasonable times or inappropriate places, such as when they are a patient in hospital. The guidance also warns…
Common sense should apply when interpreting business contracts
Delivering the ruling, Lord Clarke said: “If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.” The issue arose in the case of six separate companies that had each contracted to buy a ship for $33m from a Korean…