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Myerson Employment Law Spring Update 2024
Join the Myerson Employment Team as we bring you their top Employment Law updates you must know. The topics for this seminar will include: Important changes to holiday pay coming into force in April New, wider family-friendly rights What employers...
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Can I Be Made Redundant When I’m Pregnant or on Maternity Leave?
It is estimated that over 590,000 individuals employed are pregnant. In a recent survey conducted by the campaign group ‘Pregnant then Screwed’, 7% of their survey pool confirmed they had lost their job through redundancy, sacking or feeling forced...
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What Paperwork Do I Need to Sell My Property?
On average, the sale process can take 8-12 weeks. However, the transaction can be prolonged if your paperwork is disorganised. To avoid frustrating delays, you should ensure that your affairs are in order before you put your residential property on...
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Some Key Clauses in Manufacturing Contracts
The contracts entered into by businesses operating in the manufacturing sector take a wide variety of forms. For the manufacturer in the role of supplier, they range from relatively simple agreements for the supply of goods (entered into with a...
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EV Charging Leases
At the end of last year, the UAE hosted COP28, which saw significant commitments aimed at combating climate change, including a commitment to accelerate the roll-out of electric charging infrastructure. The Zero Emission Vehicle (ZEV) mandate...
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How to Navigate a Demerger?
A demerger is a separation of different business activities carried on by a company or group into separate companies or groups, which are then (usually) owned by the same shareholders . Companies and groups demerge for various reasons, including...
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What is Domestic Abuse, And Does it Include Financial Abuse?
Domestic abuse is defined as an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour. It can take many different forms, such as coercive control, psychological or emotional abuse, physical abuse...
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Umbro Counter-Attack: Court of Appeal Reverses High Court Decision in Umbro Trade Mark Infringement Case
The legal saga surrounding Umbro's iconic "double diamond" logo took a decisive turn recently. The Court of Appeal overturned the High Court's ruling and found that the Umbro brand was in favour, holding that Dream Pairs' logo infringed upon the...
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Making a Sharia-Compliant Islamic Will
Ramadan can be a special time for Muslims to reflect on their affairs. When it comes to Wills , a Sharia-Compliant Islamic Will is appropriate for Muslims who wish to leave their estate in accordance with the Quran (and the Hadith, the Sunnah and...
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Insolvency and Restrictions on the Reuse of a Company Name
When a company goes into insolvent liquidation , it is sometimes the case that the directors of that company want to set up a new company. Often, directors want the new company to have the same name as the old company so that they can benefit from...
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Succession Planning for Family-Owned Businesses in the Agricultural and Rural Business Sector
In the context of a family business , succession will involve a transfer from the older generation to the younger generation. As is the case with the wider economy, many businesses within the agricultural and rural business sectors are...
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Exclusivity Agreements In Property Transactions
Exclusivity agreements or lock-out agreements are most commonly used in commercial sale and purchase transactions. They aim to ensure that the seller negotiates solely with the buyer regarding the prospective transaction for an agreed-upon period...
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Should I Extend My Lease?
Homeowners may be aware that the Government is making it easier and, in some cases, cheaper to extend a lease. However, we are unclear about when the reforms will take effect. Under the current rules, you can either proceed under the informal...
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Am I Entitled to See Any Documents Relating to a Relative’s Will?
Under English law, a person is allowed to choose who benefits from their estate and how. However, there are certain safeguards – if a person who lacks mental capacity or is subject to undue influence attempts to make a Will , then it can be...
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National Minimum Wage and National Living Wage 2024 Increases and Their Impact on the Hospitality and Leisure Sector
As of 1 April 2024, the rates of NMW and NLW have increased in accordance with the Low Pay Commission’s recommendations. Notably, the NLW will apply to a lower age group of those aged 21 and over. The right to receive NMW and NLW applies to most...
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The Danger Of Overlooking Pensions And The Motherhood Penalty
When couples are separating, often their immediate concern will be about where they are going to live rather than thinking about their income in retirement. It is very easy to overlook pensions, as retirement can seem a long way off, and you may be...
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Pharmacy First
4 in 5 people in England can reach a community pharmacy within a 20-minute walk, and over 95% in England have signed up for the new Pharmacy First scheme. The Pharmacy First scheme was launched on 31 January 2024 by the Government and NHS England...
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Lasting Powers Of Attorney – Change is Coming
Powers of Attorney have been around in some format since the 1970s, evolving from the Powers of Attorney Act 1971, to the Enduring Power of Attorney Act 1985, to the Mental Capacity Act 2005, and latterly the Powers of Attorney Act 2023 which...
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Employment Discrimination: A Conflict in Cases
In early 2024, the Employment Tribunal made two notable judgments in the cases of Miller v University of Bristol and Omooba v Michael Garrett Associates Ltd (t/a Global Artists) and Leicester Theatre Trust Ltd , both of which centred on topical...
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Introducer Agreements: An Overview of the Key Points to Consider
Introducer agreements are a common type of arrangement used by businesses across a variety of sectors and can play a pivotal part in not only the growth of a business but also in establishing its position in its marketplace. Whether you are a...
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Manufacturing Acquisitions – Share Purchase Or Asset Purchase?
When acquiring a manufacturing business, it is important to understand the options available to structure the deal. An acquisition will be structured in two ways: a share purchase or an asset purchase. Both will allow you to acquire the target...
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Are Loan Interest Clauses Fair or Punitive Penalties?
Interest clauses in loans serve the fundamental purpose of offering a return to a lender on the capital they make available to a borrower. They also serve a secondary purpose of compensating for the opportunity cost associated with delayed payments...
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Biodiversity Net Gain Is Now in Force. What Does It Mean for You?
In the ongoing battle to harmonise development with conservation, the UK has taken a monumental step forward with the enforcement of Mandatory Biodiversity Net Gain (BNG). As this transformative policy comes into force, accompanied by further...
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Do I Have To Share My Inheritance In A Divorce?
It is well-known that sorting out the finances on divorce can be a complicated and lengthy process. It involves unravelling financial situations created and intertwined over the course of a marriage, which can span decades in some cases. Often, it...
Read Blog![Unfair Prejudice Case Spotlight: Re Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch)](/assets/Uploads/Unfair-Prejudice-Case-Spotlight-Re-Cardiff-City-Football-Club-Holdings-Ltd-2022-EWHC-2023-Ch-v2__FillWzgwMCw0NTBd.jpg)
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Unfair Prejudice Case Spotlight: Re Cardiff City Football Club (Holdings) Ltd [2022] EWHC 2023 (Ch)
As a minority shareholder, where the actions by the board of directors are unfairly prejudicial towards you, you may be entitled to bring an action under s994 of the Companies Act 2006 ( the Act ) . In recent cases, the courts have adopted a...
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Budget 2024 – No Inheritance Tax Changes but Other Property-Related Tax Amendments
The Chancellor has announced his most recent budget. Our clients have been most concerned about potential changes to the UK Inheritance Tax (IHT). There was no mention of any changes to IHT; however, some tax amendments would affect our clients...
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A Guide To Navigating Restrictive Covenants
Restrictive covenants, as applied to freehold land, are agreements created by a deed that one party will limit the use of its land for the benefit of another party's land, such as by capping the number of buildings which can be built on a site...
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Navigating New Regulations to Combat Economic Crime
In a significant step forward in the UK’s fight against economic crime, the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) has introduced milestone changes to the business world. Our blog on Company House Changes provides an...
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Product Liability – Considerations For Businesses Operating In The Life Sciences Sector
Businesses operating in the life sciences sector , whether they are manufacturing medical products for onward supply or selling medical products to consumers, must ensure that such products are safe and comply with the relevant regulations. In the...
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Hope Remains for the Greater Manchester Hospitality Sector
Despite the cost of living crisis undoubtedly having an effect on both individuals and businesses, hope remains for the hospitality sector in Greater Manchester at the beginning of 2024. A host of new venues have opened both locally in Altrincham...
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Stranger Danger: Co-Parenting & Associated Risks
Co-parenting websites provide a way for individuals to find a platonic partner to have a biological child. These websites are becoming increasingly popular; however, individuals seeking to embark on parenthood using this medium should be alert to...
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Unwrapping Changes: Important New Holiday Pay Rules Come into Force for Employers
On 1 January 2024, the Government brought into force a raft of major amendments to existing holiday pay regulations. In this article, we set out the key changes employers and HR practitioners need to know. The changes to the Working Time...
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What Could Restrict You From Altering Your Future Home?
Unfortunately, many restrictions could limit or even prohibit, alterations to your future home. Before you rush to sign on the dotted line, you should conduct your own due diligence checks with your local authority and ensure that your dream...
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Navigating Intellectual Property Litigation: A Guide for UK Manufacturers
Safeguarding intellectual property assets ( IP ) is crucial for manufacturers. This short blog from our Manufacturing Solicitors focuses on different categories of IP, including trademarks, copyright, and trade secrets protection, how and when...
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Top Tips When Renewing Your Commercial Lease
When a commercial lease term is close to expiring, the parties can enter into negotiations over the terms of a new lease agreement, which is known as a lease renewal. When renewing a lease, you must first check if the lease is inside or outside of...
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Share Buybacks – Common Pitfalls
A share buyback is the process a company follows to purchase its own shares back from one or more of the company’s current shareholders. A share buyback process can be utilised by a corporation for a number of purposes, including to: Exit a...
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What Is The Buildings Societies Act (Amendment) Bill 2023-24?
There is much talk in the press of the cost of living and interest rates, particularly the rising mortgage rates and the rate at which the Bank of England’s belated rate rises are to feed through into the real economy and impact many people’s...
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Pension vs. The Family Home – Is It Ever a Fair Deal?
When parties go through separation, the number one priority is often housing. The stress of ensuring immediate housing needs are met can often result in parties overlooking the importance of pension assets. When considering finances on separation...
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New Changes to the Probate Application Process – What Does This Mean for Personal Representatives?
HMRC have announced changes to the probate application process, which has taken effect as of 17th January 2024. Our Wills, Trusts, and Probate team explore what the issues were with the previous probate application process and what the new process...
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Service Charge Disputes: Your Questions Answered
A service charge is a sum that is paid in relation to maintenance, services and repairs. They are typically found in a lease, where it is agreed that a tenant will pay a landlord (or management company) a service charge to cover the service costs...
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Navigating Nitrate Neutrality: A Crucial Factor in Planning and Development
Nitrates are produced by various methods, including agricultural discharges, wastewater treatment discharges, and development and construction on land, which disturbs the soil. When nitrates are released and discharged into neighbouring water, a...
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Should I Sublet my Commercial Property Instead of Assigning the Lease?
A sublease is when a tenant of an existing lease (the “superior lease”) grants another lease below their own. The term of the sublease cannot be longer than the term of the superior lease. A sublease is the same as an underlease. To sublet, you...
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The Perfect Storm - Ongoing Struggles for Hospitality and Leisure Businesses
New data from commercial real estate analysts Altus Group has revealed that pubs across England and Wales are closing at a rate of two per day. With a reported 383 pubs having been either demolished or redeveloped during the first half of 2023, pub...
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To Mediate or Litigate? - Choosing the Right Route for Will Disputes
Losing a loved one and dealing with grief is never easy. It can be made considerably worse if a family dispute arises as to how a deceased’s estate should be distributed. Disputes can result in expensive and time-consuming court proceedings, which...
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Can I Preserve My Family’s Wealth With a Prenuptial Agreement?
If you are contemplating marriage or a civil partnership, entering into a prenuptial agreement is an effective mechanism to ensure your family wealth is ringfenced and preserved. A prenuptial agreement is a transparent contractual agreement which...
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New Year, New Legislation – What's Changing for Employers in 2024?
2024 is set to be a busy year for HR and employers , with a raft of changes to existing employment laws coming into effect and a number of new employee rights being introduced. There is also the potential of a general election to consider, which...
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International Data Transfers Final Reminder For Moving Away From The Old EU Standard Contractual Clauses
By way of a reminder, 22 September 2022 marked the date from which UK businesses could no longer use the old EU standard contractual clauses ( SCCs ) for any new agreements entered into where personal data is transferred outside of the UK to...
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What Do I Need to Consider When I Am Buying My First Home?
At present, this is a crucial question that is at the forefront of many first-time buyers' minds. According to Today's Conveyancer , new registrations for home services, including conveyancing, surveying and removals, were 73% higher in the first...
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AI and Manufacturing: Key Considerations for Employers
Artificial Intelligence (“ AI ”) is increasingly being implemented across all sectors, with manufacturing and engineering being no exception. According to a survey conducted by Deloitte in 2020, 93% of companies believe that AI will be a pivotal...
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Financial Provisions for Unmarried Couples: Claims under Schedule 1 Children Act 1989
Schedule 1 to the Children Act can be used to provide financial support for a child where the parents of a child have not been married or civil partners. In these circumstances, the Court does not have the wide powers it has on divorce or the...
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The UK’s New International Recognition Procedure For Medicines Comes Into Effect
Life Science is a global business, and patients across the world benefit from the ability of their national regulatory bodies to recognise the procedures for authorisation of new medicines implemented in other countries. In this article, we briefly...
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Borrowing and the Real Estate Refinancing Gap
The 'refinancing gap' refers to the difference between the amount needed to be borrowed to refinance existing debt and the amount that lenders are willing to lend. This issue has become much more prevalent in the last couple of years due to the...
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The Power of Green Leases in Real Estate
In the global pursuit of sustainability, businesses increasingly recognise their crucial role in reducing their environmental footprint. One innovative approach gaining traction in the commercial real estate sector is the adoption of "green...
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UK Government Consults on Potential Changes to the National Security and Investment Act 2021 (NSIA)
On 13 November 2023, the UK Government issued a call for evidence to gather feedback from stakeholders on potential changes to the NSIA with the view of making it " as pro-business and pro-investment as possible " whilst retaining and refining...
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What Am I Entitled to if I Divorce My Spouse?
Financial obligations exist between married couples, which do not end automatically once the divorce process is complete. Accordingly, it is important to consider resolving finances on divorce . If the parties can reach an agreement between...
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Is Online Gaming Paving the Way for Children to Gamble
Gaming is a lucrative technology industry in the UK. In 2022, the sector grew to a value of £62 million and is expected to have grown again in 2023. Children and young adults comprise a substantial section; earlier this year, Ofcom reported that...
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Hospitality and Leisure Q&A: Altrincham Football Club
Altrincham Football Club holds a special place in the hearts of local Altrincham residents and football enthusiasts alike. Over the years, Altrincham FC has evolved, embracing a distinct playing style under the stewardship of manager Phil...
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Battle of the Brands: Delta Air Lines and Marriott Hotel Chain
Amid an ongoing intellectual property dispute between Delta Air Lines and Marriott International, the US airline company has commenced a new claim against Marriott asserting passing off with respect to Marriot’s use of the word ‘Delta’ in...
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New Year, New Will!
You may wish to make it one of your New Years resolutions to make a Will or review your current Will, particularly if your circumstances have changed. For example, if you have recently married and made a Will before the marriage, your Will may no...
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Commercial Agency Update: Implications of the Retained EU Law (Revocation and Reform) Act 2023
In May 2023, the UK Government changed its plan to revoke all EU-derived laws, which would have included the Commercial Agents (Council Directive) Regulations 1993 (the Regulations ). The Retained EU Law Bill prescribed a targeted list of 600...
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Looking Ahead: 2024 Real Estate Considerations
As we welcome the new year, we are set for a busy twelve months ahead in the real estate industry. The following article from our Property Litigation experts addresses several considerations and predictions for the property sector in 2024.
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How Can My Spouse Be Provided for Without Causing Damage to the Farming Enterprise?
The division of a farm on divorce can be a highly complex and sensitive matter. The court is often faced with a dilemma in weighing up the need to provide for the non-farming spouse fairly on divorce whilst preventing irreversible damage to the...
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Navigating the Commercial Lease Exit: A Tenant's Guide
Some commercial tenants find that they no longer require a lease of the property they are renting due to expense or business needs. In many leases, there are express provisions governing a tenant’s potential right to exit a lease or transfer their...
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Hospitality and Leisure – A Battle of the Forms
The backbone of most hospitality and leisure businesses is the legion of suppliers and contractors working away in the background to keep things running smoothly. With the volume of contractual agreements in place with different contractors and...
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Starting Divorce Proceedings: What Is Required?
Making the decision to get a divorce can be a particularly emotional and stressful time in someone’s life. However, the process of getting a divorce does not need to be complicated, especially with the use of the services of a specialist family...
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Aretha Franklin's Will – Were Her Wishes r-e-s-p-e-c-t-ed?
The death of Aretha Franklin in 2018 left a void in the music world, but it also sparked a legal saga that highlighted the complexities of inheritance law and the importance of having a properly executed Will. After her passing, two handwritten...
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Gambling Adverts in Football: Play Your Cards Right
It was revealed last month that three posts on Twitter by Betfred, which featured global boxing phenomenon Anthony Joshua, had been banned by the Advertising Standards Authority ( ASA ) following an investigation by the regulator. This decision was...
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Septic Tanks - All You Need to Know
Put simply, a septic tank is a chamber that is buried underground and stores your wastewater. They are commonly found in rural areas where properties are not connected to the main sewage grid. There are specific regulations in place to ensure that...
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DIY Divorce: The Cost & Process of Divorcing Without a Solicitor
Changes to the procedure for applying for a divorce in England and Wales mean that all divorces are now applied for online, and as a result, more people are starting to apply for their divorces, often to try and circumvent the legal fees of...
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Retail Landlords and Tenants – Top Tips for the Festive Period
The festive season is typically a peak selling season for retailers, and with the challenges facing the High Street, many will be taking every opportunity to maximise their revenue this Christmas. Property owners and occupiers should consider their...
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Private Equity (PE) Transactions: A Brief Overview 2023
This blog from our Corporate Team provides an overview of transactions with a Private Equity house and considerations for both an investor and the target company. Private equity can be used for raising working capital but also, more commonly, to...
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Navigating the Investment Business Compensation Scheme
It is well established that the primary avenue of claim if you suffer financial loss because of poor advice received from a professional is one of professional negligence . It is possible to bring a claim against someone you have paid to provide...
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Government Announces £2 Billion of Funding for Engineering Biology
On 5 December, the UK Government revealed its new £2bn 'vision' to be rolled out over the next decade, aimed at harnessing the enormous potential of engineering biology to revolutionise how the UK grows food, develops medicines and produces fuel...
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Divorce Considerations Around Christmas Time
For many separating couples, deciding to apply for a divorce is not an easy step, and our Family lawyers understand that Christmas can be a difficult time if you are considering separating. How do you initiate a divorce? The introduction of...
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Game Changer: How Tech is Changing the Game of Football
Over recent years, we have witnessed a flurry of technological innovations being introduced in professional football in an attempt to gain advantages both on the pitch (i.e., improve athletic performance) and off the pitch (i.e., improving fan...
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Enforcing a Money Judgment by Taking Control of Goods
In our previous blog , we provided a summary of enforcement options once a judgment is obtained from the court. In our next series of business debt recovery blogs, our dispute resolution solicitors will provide more information about these...
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Lasting Powers of Attorney – Change is Coming
On 18 September 2023, the Powers of Attorney Act received Royal Assent, having been introduced in 2022 and passed through Parliament unopposed. The Act paves the way for changes to how Lasting Powers of Attorney (LPAs) are made and registered in...
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King’s Speech 2023: Real Estate Update
We have previously discussed the King’s Speech with regard to its proposal to introduce an independent football regulator. Under the tagline 'strengthening society’, the King's Speech 2023 also outlined two landmark bills introducing fundamental...
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Can I Travel with My Kids at Christmas Without the Other Parent's Consent, or Is It Abduction?
You may be planning to take your children away over the Christmas period to visit friends and family who do not live close by or to have a festive holiday. If this is your plan, you need to be aware of the legal requirements in relation to...
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Common Misconceptions About Varying a Commercial Lease
Landlords and tenants often agree to “extend” or “add on” some additional floor space to an existing lease during the term of an existing lease. It is a common misconception that such changes might be achieved by varying the lease and documented in...
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Tech Round-Up: November 2023
Welcome to our Tech round-up, where we provide a snapshot of the latest legal-tech-related news. Our round-up covers topics such as the AI Safety Summit, Self-Driving Vehicles, the Autumn Statement and much more. AI Safety Summit The UK held the...
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Proprietary Estoppel Since Guest v Guest
The publicity surrounding Guest v Guest has made more families look again at their circumstances and consider taking advice on how they can avoid future disputes and the associated costs. Over the last year, we have seen a significant increase in...
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Does an Agent Acting for Competing Principals Lose Their Entitlement to Compensation?
The Commercial Agents (Council Directive) Regulations 1993 have provided agents with significant protection since their establishment. On termination of an agency agreement, principals are often required to pay significant termination payments by...
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Resolution Awareness Week: Mythbusting Common Law Marriage
Resolution is a group of family law professionals who are committed to promoting a constructive approach to family issues that consider the needs of the whole family. The annual Resolution Awareness Week takes place in the last week of November...
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Significant New Regulations on Holidays and TUPE
The Government recently published its response to a consultation that sought to address issues with the current laws around working time, holidays, and TUPE. As part of that, the Government has published draft regulations called the Employment...
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5 Key Considerations When Appointing a Subcontractor
When appointing a subcontractor, a supplier’s key concern is ensuring seamless delivery of the services per the requirements of the main contract in place with their client. In this article, our Commercial Solicitors have identified five essential...
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It's Not Easy, Claimin' to Be Green - Greenwashing Risks for Manufacturers
As we predicted in our annual horizon scanning article at the start of the year 2023: A Year of Focus on Online Advertising, Influencers and Greenwashing (myerson.co.uk) – 2023 has been a year of regulatory focus on the advertising and marketing...
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What to Consider when Purchasing a Property with Tenants in Situ
For many landlords, purchasing a property with tenants in situ is attractive. This is because, once the transaction has been completed, they will take over the existing tenancy. According to the House Buyer’s Bureau, there were 12,518 properties...
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Security Documents for Real Estate Finance
When a company or individual borrows money, the lender will need to take security for the funds they are lending to ensure they will be repaid. For real estate finance matters, the security that the lender will take will depend on whether the...
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King’s Speech Cements Introduction of Independent Football Regulator
During The King’s Speech 2023, delivered on Tuesday, 7 November, King Charles III declared that ‘[l]egislation will be brought forward to safeguard the future of football clubs for the benefit of communities and fans’. The Football Governance Bill...
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Hospitality Leases and Changes in the Sector
It’s safe to say the hospitality sector has seen its fair share of stressors in the last three years, including high inflation rates, soaring interest rates, rising utility costs and an increase in the cost of raw materials, to name a few. The hike...
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Companies House is Changing!
Born out of the Government's aspirations to improve corporate transparency and reduce economic crime, The Economic Crime and Corporate Transparency Act 2023 ( ECCTA ) bestows several new powers on Companies House that are hoped will create a level...
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Financial Promotions Under the Financial Services and Markets Act 2023
There are several provisions being introduced by the Financial Services and Markets Act 2023 ( FSMA 2023 ) which are of great interest to those firms and individuals in the financial services sector. Our blog focuses on those new provisions brought...
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Branded Medicine: Impact of NHS Spending Rule Changes on Life Sciences Businesses
The Department of Health and Social Care ( DHSC ) has consulted with industry on its plans to change the rules governing NHS spending on branded medicines, with the new regime intended to take effect on 1 January 2024. In this article, we discuss...
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I Can’t See My Children at Christmas – What Should I Do?
The festive period is a time for families to come together. However, child contact arrangements over Christmas can be difficult to navigate for parents who have separated, particularly in reaching an agreement as to who spends time with the...
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The AI Safety Summit: Avoiding a Tech-Catastrophe
It’s safe to say that AI has been dominating the news lately, particularly over the past 12 months, with the launch of AI applications such as ChatGPT. As AI systems have become more ‘mainstream’, we have seen an increase in pressure on Governments...
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Succession Planning and Shareholders Disputes
Succession planning is a crucial aspect of managing a limited company. It involves carefully considering the future of the business and the ownership structure in case of unforeseen events, such as the death or departure of a shareholder. In this...
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How Trusts Can Help You with Your Farming Estate Planning
A trust can be a useful tool to protect your farming assets. A trust can be set up during your lifetime or on death in your Will. It is important to appoint trustees who understand how your farming business is run, ensure they are responsible and...
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What Should I Do If a Will is Missing?
When someone has died, as the surviving relative or spouse, you may be aware that a Will was made, but you are unable to locate the latest Will. The starting point is to always conduct a thorough search for the missing Will. Myerson Solicitors...
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Real Estate Litigation: Hospitality & Leisure Sector Update
Despite the COVID-19 pandemic seemingly having come to an end in recent times in the UK, uncertain times remain in the hospitality and leisure sector . However, this has led to an interesting property litigation trend in the landlord-tenant...
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Guarantors for Hospitality Leases Explained
Many landlords will consider asking the tenant of a hospitality lease to provide a guarantor on the grant of the new lease. Guarantors offer some security to landlords in the event that the tenant doesn’t comply with the terms of the lease. They...
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Navigating Office-Holder Remuneration in Insolvency
Both the Insolvency Act 1986 and the Insolvency Rules 2016 provide for the remuneration of office-holders (i.e. administrators, liquidators and trustees in bankruptcy) in both corporate and personal insolvencies. The remuneration of administrators...
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Spouse/Civil Partner Claims Under the Inheritance (Provision for Family and Dependants) Act 1975
Losing a loved one is painful, but the loss of a spouse or civil partner can be devastating on many levels, particularly after years of union, love and financial reliance. In England and Wales, the legal concept of testamentary freedom prevails...
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Workers (Predictable Terms and Conditions) Bill Receives Royal Assent
The Workers (Predictable Terms and Conditions) Bill received Royal Assent on 18 September 2023, becoming the Workers (Predictable Terms and Conditions) Act 2023. For more information on the Bill's proposals, please see our previous blog here on...
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Tech Round-Up: October 2023
Welcome to our latest round-up, where we provide a snapshot of the latest legal-tech-related news. This round-up covers topics such as the Online Safety Bill, ICO employee monitoring guidance, a CMA investigation into the cloud market and more. The...
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Debunking the Spousal Maintenance Myth: A Clearer Perspective
There is a popular misconception that the payer needs to pay spousal maintenance pursuant to a joint lives order until the death, remarriage or cohabitation of his or her ex-spouse. Historically, joint lives orders were made to protect the...
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Manufacturing Q&A: with Myerson Solicitors and GM Business Growth Hub
The United Kingdom's manufacturing sector has undergone a profound transformation, driven by rapid technological advancements and global economic shifts. To explore the challenges and opportunities within this evolving landscape, Myerson Solicitors...
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ICO Guidance on Monitoring Employees
On 3 October 2023, the Information Commissioner’s Office (“ICO”) published updated guidance on lawful monitoring in the workplace. The guidance outlines legal requirements as well as good practice advice to help employers build trust with their...
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Direct Marketing: ICO Issues New Fines to Fight Illegal Marketing Tactics
The Information Commissioner’s Office ( ICO ) has issued fines totalling £590,000 to five companies for collectively making 1.9 million unwanted direct marketing calls which targeted the elderly and people with vulnerabilities, thereby infringing...
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Manufacturing a Smooth Sale – Getting Your Statutory Books in Order
In recent years, there has been an increasing trend of manufacturing businesses being sold due to an unexpected offer by a buyer, often as a trade sale to a competitor, but also in the context of private equity. This can create a dilemma for...
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HS2 – What Will Happen Now?
HS2 is a 250-mile high-speed railway line between the Northwest and Southeast, stopping at Manchester, Birmingham and London, with trains continuing the existing network to Scotland and beyond. It aims to address three key problems facing our...
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What is Biodiversity Net Gain?
Biodiversity Net Gain is a forward-thinking conservation approach that seeks to enhance the overall biodiversity in a given area as a result of development projects. Instead of merely mitigating the negative impacts of development on the...
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How the Bank of England's Interest Rate Freeze Affects Businesses and Financing Strategies
The Bank of England ended its run of 14 consecutive interest rate increases in September, halting the base rate at 5.25%. Ahead of the next rate review on 2 November 2023, Myerson's Banking Team considers its implications for businesses and their...
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How Do The Courts Regard Personal Injury Compensation When Distributing Assets of the Marriage?
The Court will consider a list of factors under section 25 of the Matrimonial Causes Act 1973 when deciding how assets, including any compensation/ damages received, will be decided on divorce. The welfare of any children of the family will be a...
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Walking the Legal Tightrope: Self-Employed Labour in Technology
Technology created the gig economy and, as a sector, was an early adopter of using self-employed staff to add important skill sets to their businesses. Walk through any UK city, and you will see self-employed Uber drivers ferrying passengers back...
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Unfair Prejudice Petitions and the Importance of Making a "Fair" Offer
Operating a business can be stressful, and it is not uncommon for shareholder disagreements to arise. This can often lead to situations where shareholders feel the company is not being operated in a fair way, such that it has an adverse impact on...
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Key Insights and Updates for the Building Safety Act
The Building Safety Act was introduced due to the Grenfell disaster in 2017. Having obtained Royal Assent in April 2022, the Act’s primary aim is to control building safety risks in order to secure the safety of people within or around buildings...
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Manufacturing Q&A: with Myerson Solicitors and Steuler Group
While chemical processes and the means to keep aggressive circumstances in production under control haven't changed much in the last decades, our aim is to better understand wear and tear at our customers' plants. In the future, process data and AI...
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What Should I Do As An Executor If I Have Missing Beneficiaries?
Today, family units are more complex and diverse. It is not unheard of for individuals to have had multiple marriages, meaning modern, blended families are on the rise. When families split, individuals from that family may move away or even lose...
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Considerations When Buying Farmland and Buildings
Often, when buying land or residential buildings that were or currently are in agricultural use , there are further issues that your solicitor will consider in the course of the conveyancing procedure above and beyond a normal house or flat. If you...
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How Do I Purchase a Farm?
Purchasing a farm of your own is an exciting and big prospect. Before you can begin your farming journey, there are many legal considerations and steps that must take place to ensure the farm you purchase is workable, valuable and will enable you...
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Key Takeaways from the Man United – Qualcomm Shirt Agreement
Last month, it was announced that Manchester United had agreed to a new front-of-shirt sponsor, which will see them boast the logo of Qualcomm Technologies, Inc's product, Snapdragon. This news follows the announcement in August 2022 that the two...
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People are Talking About “The Inheritance” and “Inheritance Wars”
Two broadcasts from Channel 5 have brought the world of contentious probate into the public eye, sparking debate and questions about this area of law. Told in parts from behind the lens of poignant home videos, “The Inheritance” tells the story...
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I Don't Live in England or Wales. Can I Apply for a Divorce There?
The jurisdiction where your divorce takes place can substantially impact your financial settlement. Each jurisdiction has its own set of rules for resolving finances on divorce, and you may end up with vastly different outcomes depending on where...
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What are the Changes to the Fixed Recoverable Costs Regime from 1st October 2023?
Most civil claims valued up to £100,000 issued on or after 1st October 2023 will be subject to a new fixed recoverable costs (FRC) system. Under the new rules, cases valued up to £25,000 will be allocated to the fast track, and less complex cases...
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Labour’s Plans for Sweeping Employment Law Changes
New announcements by the Labour Party have revealed that should the party win the next general election in 2024, employers can expect significant changes to employment laws and employee rights. The Labour Party has committed to implementing an...
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B2B Terms: 3 Key Concerns in Supply Contracts
All commercial relationships are a matter of risk. For suppliers and service providers, contractual terms play a key role in controlling such potential risk exposure and realising the value of customer relationships. A well-drafted contract...
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What is a Voluntary First Registration?
Voluntary first registration is to voluntarily register your residential property for the first time at HM Land Registry. Registration of your property at the Land Registry is the official recording of your property ownership with the Land...
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TikTok Fined €345 Million for Breach of Children's Data Protection Rights
The Data Protection Commission (DPC), Ireland's data protection regulator, has fined TikTok Technology Limited (TikTok) €345 million for breaching the EU GDPR's principle of fairness and requirements for data protection by design and default when...
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Defending Manufacturers and Their Supply Chain
For manufacturers , Intellectual Property (IP) rights are often the lifeblood of their operations. They encompass patents , trademarks , copyrights , and trade secrets, which protect designs, processes, and branding. Manufacturers will usually...
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Cyber Essentials: Staying Secure - New Insurance Survey Launched
Cybercrime has risen exponentially and globally, with the rate rising during the pandemic and following the invasion of Ukraine. As such, cyber security and protecting your business from cyber incidents is a hot topic that will continue to generate...
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Solar Farms – Benefits and Considerations for Landowners
With the government aiming to achieve a fivefold increase in the UK's solar power capacity to 70GW by 2035, many agricultural landowners are considering solar photovoltaic developments on their land. This commercial property blog looks at the...
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Toffees’ Takeover: Following the Crowd?
News of Everton Football Club’s takeover agreement may have made headlines last Friday, but within the leisure industry itself, it represents the continuation of a pre-existing trend of private equity (PE) investment in sport. Takeover deal agreed...
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"Life Sci for Growth" Leads to UK Centre of Excellence for Medicine Manufacturing
The Government's announcement on 25 May 2023 of a £650m funding package titled 'Life Sci for Growth' was a significant statement of intent in respect of its commitment to the sector. Earlier this month (5 September 2023), it announced that £5.5m of...
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Differences Between Shareholders' Agreement and Articles of Association
A shareholders' agreement and the company's articles of association ( Articles ) are important constitutional documents for a company , particularly where there is more than one shareholder. The documents both serve different purposes and have...
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Inheritance and Divorce – Is Inheritance Included in a Divorce Settlement?
Upon divorce or dissolution of a civil partnership , both parties will usually have a strong claim to share all matrimonial property. Ordinarily, matrimonial assets (assets acquired throughout a marriage or civil partnership) are considered by the...
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UK AI regulation: Government Report Highlights 12 Challenges with AI
The House of Commons Science, Innovation, and Technology Committee published its interim report following its inquiry into the governance of AI. AI has experienced exponential change and development in 2023, with AI solutions such as ChatGPT now...
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My Debtor Has Defended Debt Recovery Court Proceedings: What’s Next?
If Court proceedings are issued to recover a business debt owed, the Defendant can defend the Court proceedings. The Defendant has 14 days from when the Court proceedings are served on it to notify the Court whether the Court proceedings will be...
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Educator Trusts
According to the Independent Schools Council census, in 2023, the average cost of private school fees is £16,656 a year for day schools, with the typical fee level 5.8% higher than in 2022. With children now back at school (unless they are closed...
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That’s (Not) a Wrap! – Producers of Packaging Waste Receive an Extension to their Data Reporting Compliance Deadline
Packaging waste is financially and environmentally costly to dispose of. Not all of it gets recycled, and only a small proportion of the costs of dealing with it are borne by the businesses that circulate the packaging. The Extended Producer...
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Nature of Easements – Part 2
The second property litigation blog in our two-part series will consider what happens when an easement is interfered with and what constitutes excessive use of an easement. We also review some case law which demonstrates how the Courts may...
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Employment Tribunal Online Claim Submission Service Crashes
HM Courts and Tribunals Service (HMCTS) have announced that they are experiencing technical difficulties with the online submission service used for filing claims in the employment tribunal. The fault has made it impossible to submit an employment...
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Commercial landlords – How to Document a Short Lease Extension?
There are various reasons why the parties to a lease may wish to ‘extend’ the term of the commercial lease , which is about to expire and does not have security of tenure (meaning the tenant has no statutory rights to remain in the premises at the...
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Top Tips for Challenging a Will
If you are deciding whether or not to contest a Will , there are certain practical steps and tips you can consider beforehand. Before commencing any challenge to a deceased’s Will or intestacy, consideration should be given to the status of their...
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The Importance of Obtaining a Clean Break Order
A clean break is a type of financial settlement that dismisses any future claims parties may make against the other. It is a court order that legally cuts financial ties between you and your former partner. The effect of a clean break order is to...
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Workplace Bullying: New Laws for an Old Problem?
There is currently no distinct law in the UK that specifically governs workplace bullying. However, a Private Members Bill that was recently presented in Parliament has proposed a new statutory definition for bullying and shone a light on a...
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Contracting With Consumers: What Businesses Should Consider
Navigating the complex area of consumer legislation can be tricky for consumer-facing businesses. However, as consumers are protected by statutory rights that cannot be limited or excluded by terms and conditions, the consequences of non-compliance...
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The Conveyancing Process
Buying and selling a property can be a stressful life event. Having an understanding of the legal processes involved can help you feel more in control and prepared about what is to come. The guide below sets out a brief summary of the legal...
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Tenant Planning Breaches and Consequences for Landlords
In most commercial leases , tenants are responsible for complying with planning laws and regulations. If a tenant makes alterations or changes the use of a commercial property without obtaining the necessary permissions or approvals, they will...
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Manufacturing Q&A: with Myerson Solicitors and Envirocap
In an evolving manufacturing landscape, where technology and sustainability converge to shape the future, companies are faced with both challenges and opportunities. In this exclusive Q&A session, Myerson Solicitors sit down with the team at...
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RICS Summary Adjudication Procedure
"Smash and grab" adjudications are one of the most common ways a contractor can seek to recover outstanding debts under a construction contract. Small to medium-sized contractors can often face difficulties, however, when the value of the unpaid...
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ESG Considerations in Acquisitions and Investments
Central to any business are its relationships with customers, suppliers, employees, and investors. The day-to-day running, operations, and overall management pivot around these relationships and as such, these relationships have always been at the...
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Can I Ask My Future Spouse to Sign a Prenup?
Couples planning to marry or enter a civil partnership may want an agreement to determine what they intend to happen to their money and property if the marriage breaks down. In England and Wales, prenuptial agreements are not strictly binding in...
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Children's Personal Data and the Children’s Code: ICO Issues Guidance on “Likely to be Accessed” by Children
The Information Commissioner's Office ( ICO ) has issued further guidance as to what it shall consider an online service " likely to be accessed by children " for the purposes of the Age Appropriate Design Code (the Children's Code ). Our...
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What is Professional Negligence, and Who Can I Claim Against?
Professional negligence may occur when a professional acting for you does something wrong, which results in you suffering financial loss. The type of professional you can bring a claim against is someone you have paid to provide an expert service...
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Changing a Will After Someone Has Passed Away - Deeds of Variation
A Deed of Variation is a document which is used by beneficiaries of an estate to redistribute assets which they are due to inherit. It can be used to amend a Will after someone has passed away or to redistribute assets which are passing by way of...
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Agricultural Divorces: A Field of Their Own
Agricultural divorces are often complex and require expert attention. Some farms are very successful enterprises: they may comprise valuable properties and land holdings, machinery and stock. The farm may have diversified into several areas, each...
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Nature of Easements
Easements are a key consideration for landowners and developers, as a failure to consider their implications properly may severely inhibit a development scheme. Our blog identifies common easements, how they are created, and common forms of...
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Extending Your Commercial Lease
References are often made to 'extending' a commercial lease. However, this could apply to two different circumstances. The first is when the lease will end soon, and the landlord and tenant want to renew the lease. This is known as a renewal lease...
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The ''Tourist Tax'' – A Boost for the Hospitality and Leisure Sector?
Manchester has become the first UK city to launch a new ''tourist tax'' for visitors. As of 1st April 2023, tourists to the city have been charged a levy of £1.00 a night in a number of city centre hotels and apartments. Seventy-four hotels and...
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The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) – Time to Bring a Claim?
Claimants who wish to bring a claim under the Inheritance Act must do so within six months of the date of the Grant of Probate or Letters of Administration. If the Grant has been extracted, the six-month date by which to bring a claim can be...
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Can a Maintenance Order be Varied?
A spousal maintenance order, also known as a periodical payments order, is an obligation for one party to pay the other a sum of money on a weekly or monthly basis. If the court grants a spousal maintenance order, it will need to determine whether...
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Electric Vehicle Charging Points– Landlord and Tenant Considerations
The demand for electric vehicle charging points (EV charging points) in commercial properties will continue to increase over the coming years. The use of electric and hybrid vehicles is escalating rapidly further to the government's proposal to ban...
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Causation in Professional Negligence Claims
To successfully bring a professional negligence claim , a claimant must be able to prove the following elements: The professional owed them a duty of care; The professional breached that duty of care; and The breach caused them to suffer...
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The Great Big Workplace Adjustments Survey 2023
Nearly 1500 disabled employees and 400 managers recently responded to The Great Big Workplace Adjustments Survey 2023. The survey assessed the extent to which the needs of disabled employees were being met and reached some interesting findings for...
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Forfeiture – How Does It Affect Commercial Sub-Tenants?
With many commercial tenants feeling the impact of increased costs, pressure on rental payments is on the rise. During the pandemic, the landlord's right to forfeit (terminate) the lease was restricted, giving much-needed protection to tenants...
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EU-US Data Transfers: Adequacy Decision Confirmed
The European Commission (the EC ) has adopted an adequacy decision on the EU-US Data Privacy Framework. The EU-US Data Privacy Framework is the legal mechanism that will now enable the otherwise restricted transfers of personal data from the EU...
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Knowing Your Duties as a Company Director
When appointed to the board of a company, a director has seven general duties codified under the Companies Act 2006 ( Act ) which are legal obligations owed to the company ( Duties ). These Duties are in addition to any obligations owed under the...
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ICO Approves Data-Sharing Scheme for UK Gambling Sector
For the period between April 2022 and March 2023, it was estimated that over £3 billion was spent on gambling, demonstrating the sheer size of the industry within the UK and also highlighting the potential problems with irresponsible gambling...
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Legal Checklist for Moving Premises
The legal issues surrounding an office move are paramount to the ongoing success and security of your business. There are numerous pitfalls when exiting your current lease and taking a new lease of a premises, and the right negotiation tactics are...
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JCT 2024 – JCT Announces Next Edition of JCT Contracts
It has been expected for some time, but finally, the JCT has announced that it will be updating its suite of contracts , and it will be the JCT 2024 Edition which is likely to be published in the spring. The likely publication date is expected to...
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Turnover Rents for Retail Tenants
Traditionally, institutional landlords have favoured long-term, market rent leases with frequent upwards-only rent reviews, but in the current economic climate, retail tenants are seeking more flexibility in their leases. The combined effect of...
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Waiving the Right to Forfeit
A right to forfeit a tenant’s lease entitles the landlord to take back possession of the property (either by changing the locks or by issuing possession proceedings) and to treat the lease as having come to an end. This is subject to any rights the...
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Rules and Rates Applicable to Gifts for Inheritance Tax Purposes
Where you have gifted in the seven years prior to your death, these gifts may be taxed or affect the inheritance tax due in your estate. These gifts are called potentially exempt transfers (also known as PETs). Gifts could be of money but also of...
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Can I Move Abroad With My Child?
There are many reasons why people want to move abroad. It may be reasons associated with family , friends, culture, work, or personal preference. There are several logistical factors to consider when moving abroad. One of the most difficult...
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Exiting Your Commercial Lease
If you are renting your premises and looking to leave earlier than anticipated (whether as a result of market conditions or business needs), assuming your lease does not include provisions allowing you to break your lease early (or that any such...
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Effectively Managing Seasonal Workers in the Agricultural Sector
Effective recruitment is paramount in the labour-intensive agricultural sector, and finding enough manpower in busy seasons can be difficult. That outward focus can often mean that the job of effectively managing existing seasonal workers is...
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Top Tips for Confidentiality & Non-Disclosure Agreements
All businesses hold commercially sensitive information that is confidential and of significant value to the business, such as information relating to clients, suppliers, operations, business strategies, products and services, financial information...
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A Nod Towards Inflation: UK Government Increases The Statutory Legacy For Spouses & Civil Partners
When an individual dies without holding a valid Will or without disposing of the entirety of their residuary estate in their Will, the intestacy rules determine the distribution of the individual’s estate. Our Wills, Trusts and Probate Experts...
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Navigating the Complexities of Dilapidations in the Hospitality and Leisure Sector
Whether you have a lease of a pub, restaurant or coffee shop, dealing with disrepair is a major issue for landlords and tenants. Our Hospitality & Leisure solicitors are here to guide you. The term dilapidations refer to items of disrepair that are...
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Considering Utilities for Commercial Developments
Utilities play a pivotal role in any development , and without careful planning to ensure that essential services such as gas, telecommunications, electricity, water, sewerage and drainage are available, the consequences could be very costly and...
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My Debtor Has Not Responded to the Letter of Claim; What's Next?
A letter of claim (also known as a "letter before action" or a "letter before claim") is normally the first step in the formal business debt recovery process. It is a notice sent out by the creditor's solicitor to let the debtor know that the...
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Resealing a Foreign Grant of Probate
At Myerson, we deal with many situations where someone has died overseas, and the Deceased owned assets worldwide , including in England and Wales. A Grant of Probate or Grant of Letters of Administration is a legal document issued by the Courts in...
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Unravelling the Validity of Wills: Insights on Mental Capacity and Disputes
Sometimes, a dispute can arise as to the validity of a will. A will can be challenged on one or more of the following grounds: Lack of proper execution – e.g., not signed or witnessed; Lack of the necessary mental capacity – discussed below; Lack...
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B Corporations – What Are They, and How Do You Become Certified?
With the market's increased focus on environmental, social and governance ( ESG ) initiatives , and consumers becoming more concerned with a company's ethics, as well as the nature of a company's products, sustainability credentials and the...
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Opposing Lease Renewal on the Grounds of Redevelopment
The Landlord and Tenant Act 1954 ( the Act ) was introduced after the end of World War 2 to provide business tenants with security of tenure. The Act provides business tenants with the right to continue in occupation of the premises after the end...
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What Will a Narcissist Do When You Divorce Them?
Narcissistic Personality Disorder is defined in the dictionary as "a person with an excessive interest in themselves". It can generally be characterised by an inflated feeling of self-importance and the desire to be acknowledged for achievements...
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Myerson's Q&A with MOST Bakery
Welcome to Myerson Solicitor's Q&A with MOST Bakery , where we delve into the story behind this beloved bakery in Altrincham. Myerson's Hospitality and Leisure team sat down with Matt and Suze from MOST Bakery to discuss their specialities...
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Uninsured Risks in Commercial Leases
Traditionally, tenants bore the risk of damage to their premises by uninsured risks, but in today’s market, uninsured risk provisions in leases are generally accepted, with the landlord agreeing to reinstate damage caused to the premises by an...
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UK’s Largest Retailers Hit with £7 million Fines for not Paying Minimum Wage
The Department for Business and Trade (DBT) has named and shamed over 200 employers who have failed to provide their lowest paid staff the national minimum wage (NMW) in a list published on 21 June 2023. The clear message that is being communicated...
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Understanding Family Law and Expert Valuations: Insights from Legal and Financial Experts
UK200Group Forensic Accounting & Family Law Webinar, 22 June 2023. With speaker: Jane Tenquist (Myerson Solicitors) & chaired by Andrew Donaldson (Dains Accountants). Family law cases often involve complex financial matters, including the...
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Cohabitees – Do I Have Any Property Rights?
If you are unmarried and have split from your partner, it can be confusing to know what rights you have in relation to the property you occupy. Your rights will differ depending on whether your name is on the legal title and the financial...
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Properties Sold at Auction and Current Trend
Selling or buying a property can often be stressful. This stress is typically heightened due to the uncertainty surrounding timelines and the lack of control over when the completion will occur. This is especially true in standard conveyancing...
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What to Consider When Surrendering a Lease
A landlord and tenant can agree for a lease to be surrendered before the term ends. It may be the case that the tenant wishes to vacate the commercial property early as it is moving premises, or the landlord wants the tenant to leave early so it...
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"Set off" in the Enforcement of an Adjudicator's Decision
On Friday, 5 May 2023, the Technology and Construction Court ("TCC") handed down its Judgment in the case of FK Construction Ltd v ISG Retail Ltd. The Judgment acts as a reminder of the few situations in which set off may arise in proceedings to...
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How Can I Prove a Will is Invalid because of Undue Influence?
There are very limited grounds for overturning a Will in England and Wales. It can be overturned because: it was not properly signed and witnessed; the person who made it lacked testamentary capacity at the relevant time; the person who made it did...
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Unleashing the Potential of Artificial Intelligence: The Future of Commercial Agents in the UK
Artificial intelligence (AI) is transforming various industries, and as technology continues to advance, the potential impact on commercial agents is significant. Whilst the rise of AI has sparked concerns about job security and potential robotic...
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When are the Model Articles of Association Not Fit for Purpose?
A company's articles of association ( Articles ) set out the rules that the officers of the company must follow. Every company must have a set of Articles and can choose to have a bespoke set of Articles tailor-made to the specific company or use...
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Does Signing Heads of Terms Create a Binding Agreement?
The recent case of Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd looks at whether heads of terms are sufficient to create a binding agreement between parties in the absence of a signed lease agreement. Background This case...
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How are Personal Possessions Dealt with on Divorce?
Divorce is undoubtedly a very stressful time for couples. During the marriage, spouses will have accrued valuable personal possessions, whether purchased jointly, individually, or obtained as a gift, for example, a special piece of jewellery...
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Appointing Professional Executors, Trustees, and Attorneys
When considering who to choose as the Executor of your Will , the Trustee of any lifetime or Will Trusts , and to act as your Attorney, the choice should not be made lightly. These roles carry significant responsibility, and you must be confident...
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Lease, Licence or Tenancy at Will?
We often get enquiries from property owners who are trying to decide how to document the short-term occupation of their business premises. In this blog, we consider the advantages and disadvantages of using a lease, licence, and tenancy at will...
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Product Liability – Considerations for Manufacturers
Businesses that manufacture products for onward supply have legal responsibilities to the end users of those products and to other entities in the supply chain. Understanding those responsibilities allows a manufacturing business to mitigate its...
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Inheritance Tax Reliefs for Farmers
Data from 2022 shows that the value of farmland in England was at an all-time high, with the average price of arable farmland at £10,600 per acre. With the average farm size in England being about 215 acres, family farms can be worth well in excess...
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Guidance for Employers to Support Their Employees Experiencing Fertility Issues
Approximately one in seven people in the UK experience fertility problems, with the majority of these individuals in employment. It's widely recognised that there can be significant impacts on the mental and physical health of employees...
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Consent to Assign a Commercial Lease
Tenants of commercial properties may either want or need to divest themselves of their lease. Those reasons can be varied but often related to changing market conditions and pressures. Typically, if there is no break provision contained within the...
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What are the Risks of Using AI as an Alternative to Advice from a Professional?
Artificial intelligence ( AI ) has experienced a supersonic boom in its use and development within the last year, with solutions such as OpenAI’s ChatGPT and Google’s Bard becoming household names. Such AI solutions have garnered significant...
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Employers in Hospitality and Leisure Affected by New Tipping Laws
The Employment (Allocation of Tips) Act 2023 received Royal Assent on 2 May 2023. The new law makes it unlawful for an employer to withhold tips, gratuities, and service charges (‘ tips ’) that are paid by its customers and requires employers to...
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Agreements for Lease
An agreement for lease is a contract between respective parties where the terms of the future lease have been agreed upon, but completion will not occur immediately. The agreement places a binding obligation on parties to enter into the lease...
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The Current Residential Property Market
Until recently, we have seen house prices continue to rise due to the lasting impact from the COVID-19 pandemic and other external factors. According to the Office for National Statistics, the average property price as of March 2023 in England is...
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Lifetime Gifts and Section 10 of the Inheritance Act
If you have been left out of a Will , received less than you believed you would or do not inherit under the intestacy rules, you may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (“ the Act ”). This is a claim...
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Fixed and Floating Charges – An Update from the High Court
A recent High Court ruling in April 2023 has clarified one of the key distinctions between fixed and floating charges, namely how the ability to deal with the charged assets can determine if a charge is fixed or floating. The decision offers...
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Hudson v Hathway
The Court of Appeal decision in Hudson v Hathway [2022] shows how the law in relation to property ownership and trusts of land is adapting to reflect the ways in which people communicate in the modern world. In this case, Mr Hudson and Ms...
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Businesses on Divorce: Getting Divorced When You Work With Your Husband or Wife
If you work at your spouse's company, you may be considered an employee, and you may have employment rights. It is important to remember that employee status and employment law rights apply to spouses employed in a family business, regardless of...
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Do I Have To Register My Will?
In England and Wales, you have no legal obligation to register your Will . However, once your Will has been signed, it is helpful for you to inform the Executors of your Will where your original Will is stored, as they will need the original...
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Service Charge Considerations and Trends for Tenants
A key point to look out for in service charge expenditure is the cost of “renewing” or “refurbishing” items in the common parts of the landlord’s estate. There is a risk that Landlords could use these provisions as a means of upgrading their estate...
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New Protections for Parents and Carers at Work Receive Royal Assent
Bills aimed at giving parents and carers new protections at work concerning leave entitlement and redundancy protections received royal assent on 24 May 2023. These new laws are as follows: The Neonatal Care (Leave and Pay) Act The Protection from...
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Manufacturing Q&A: with Myerson Solicitors and MHA Moore and Smalley
Welcome to the Myerson Solicitors Manufacturing Q&A with MHA Moore and Smalley, an independent accounting and wealth management firm based across the North West. We delve into various aspects of the manufacturing sector and its challenges in the...
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The Dilapidations Pre-action Protocol
At the end of a commercial lease term , a landlord will want to consider any potential claim that they may have against the tenant for the tenant’s breach of the provisions relating to repair, decoration and reinstatement. Landlords should be aware...
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Copyright Update: A Shift in the Tide?
The general position under UK copyright legislation is that artistic works are not protected by copyright unless they are a) a graphic work, photograph, sculpture or collage, irrespective of artistic quality; b) a work of architecture being a...
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Why Do I Have To Pay Service Charges On My Freehold House?
Service charge payments are historically associated with leasehold properties, such as flats, in which leaseholders will pay a service charge to cover the cost of maintaining the building and its common areas. It is becoming a lot more common for...
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Proposals for High Street Rental Auctions
The government has launched a consultation in relation to its proposals for high-street rental auctions in England. The proposals are to give local authorities the power to auction the right to rent commercial properties which have been vacant for...
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Importance of Seeking Timely Professional Advice When a Company is in Financial Distress
Over 12 months on from the ‘end’ of the pandemic, does the future look any better for companies in England and Wales? It would appear not, in the short-term at least, given the current economic challenges in the UK. Therefore, it is as important as...
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Minor Children and the Inheritance Act
Different categories of people can bring claims against an estate under the Inheritance (Provision for Family and Dependants) Act 1975. The Act enables an applicant to challenge a Will (or intestacy if there is no Will) on the basis that it has...
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Manufacturing Assets and Security
When a company receives a loan from a lender, it is common that a lender would require security (also referred to as a charge) over that company's assets. A lender would often take security in the form of a debenture, which has particular nuances...
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Tenant's Fit-Out Works and Insurance: Who Takes On The Risk?
The question of insurance is often a reoccurring issue when it comes to the procurement of fit-out works to a premises that forms part of a larger multi-let building. Tenants need to consider insurance for the existing building and insurance for...
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The Danger of Mutual Wills: Why to Avoid Them
Mutual Wills were once a popular method for couples to jointly manage their estate and ensure their assets were distributed according to their wishes upon their passing. They are becoming increasingly unpopular and problematic, with many Will...
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Dilapidations – How Are Damages Assessed?
Most commercial leases include obligations in relation to repair, decoration and yielding up at the end of the lease. Where a tenant is in breach of those obligations, the landlord will seek to bring a claim against the tenant for the losses which...
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How Much Spousal Maintenance Can I Claim On Divorce?
Spousal or civil partner maintenance is also known as a periodical payments order. This is an order that either party to the marriage or civil partnership shall make to the other periodical payments (maintenance) for such term as specified by the...
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My Customer is Disputing a Debt: What Can I Do?
If, as a business, you find yourself in a position where one of your customers is disputing a debt owed to you, there are a few steps you can take to try and recover the debt. Before attempting to recover a business debt from a customer, you must...
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Commercial Agency Update: Government Abandons Plans to Revoke All Retained EU Law
The UK Government made a major U-turn in its recent decision to revoke all retained EU Law by the end of 2023. The Retained EU Law Bill will now be amended, removing a clause that would have scrapped any EU-derived laws that hadn’t already been...
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Landmark €1.2billion Fine Issued to Meta for Data Breaches
Meta (owner of Facebook and Instagram) has received a landmark fine of € 1.2 billion for breaching data protection law when handling EU citizens' data via its Facebook service. The largest fine ever issued under the General Data Protection...
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A Guide to Overage Provisions of Land
An overage provision is a contractual arrangement that allows the seller of land to receive additional payments in the future if certain conditions are met. Typically, these conditions relate to the future use or development of the land. Benefits...
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Are There Limits to a Professional Adviser’s Duty of Care?
The fundamental premise of professional negligence actions is that a business or individual can rely on the advice a professional adviser gives them. However, in order to have a valid negligence claim against the professional, there are certain...
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Breaking Up Is Hard - Protected Tenancies and Landlord Redevelopment
The recent case of B&M Retail Limited v HSBC Bank Pension Trust (UK) Limited highlights two important issues. Firstly, that entities must have secure procedures in place to avoid notices being missed. Secondly, that the Court will not interpret...
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Another Landmark Victory for Ed Sheeran in Copyright Infringement Case
Ed Sheeran is no stranger to copyright claims. Only last year, he successfully fended off a copyright infringement claim brought against his song Shape Of You . This time, Ed was required to appear in a Manhattan courtroom to defend allegations of...
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30% of Employers Likely to Make Redundancies This Year
A new survey from ACAS found that 30% of employers believe they are likely to make redundancies over the next 12 months. The survey, undertaken by YouGov, found that 41% of large businesses (those that employ more than 250 employees) were likely to...
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The Importance of Tenants Including a Schedule of Condition Within a Lease
A commercial property lease is often a full repairing and insuring lease (an “FRI lease”), meaning the tenant takes on the full costs of repairing and insuring the whole property, including the structural parts – such as the foundations, walls and...
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Key Privacy Considerations from the Information Commissioner's Office
The Information Commissioner's Office (" ICO" ) published new guidance in March to assist technology professionals in developing products in such a way that they adequately consider and protect the end-users privacy (" Guidance "). Developers...
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The Principle of Proprietary Estoppel
On 19 October 2022, the Supreme Court handed down its long-awaited judgement in the case of Guest v Guest. This was the first time that the Supreme Court had considered the principles and remedies of proprietary estoppel. Like many proprietary...
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Brexit Sunset Clause: Government Abandons Plans to Revoke All Retained EU Law
The UK government has abandoned its plan to revoke all retained EU law (save for any legislation expressly maintained or replaced by UK law) at the end of 2023. Rather, a targeted list of 600 pieces of EU legislation is expected to be revoked, with...
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Excluded From My Parents’ Will – Can I Make a Claim?
Are you a child who has been excluded from your parents’ Will(s) or received a small amount from their estate(s)? If so, you may have a claim under the Inheritance (Provision for Family and Dependants Act) 1975 (“ the Act ”). Can I bring a claim as...
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Relief from Forfeiture of a Commercial Lease
The recent case of Chug & Anor v Dhaliwal & Anor provides a High Court example of when and how a Judge must weigh up factors for relief from forfeiture and why it is a bad idea to unlawfully sublet commercial premises. The Facts Mr Chug was a...
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Intermeddling
When someone dies, their assets and liabilities (collectively their estate) must be dealt with by their Personal Representatives (either Executors or Administrators). If the deceased left a Will , this will usually specify who the Executors should...
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Can I Apply to Divorce in England and Wales?
You may be able to apply for a divorce in England and Wales if you currently live overseas or you are not a British passport holder in certain circumstances. You must fall within certain criteria outlined below in order to be able to issue divorce...
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The Death of a Shareholder and Rights of Action by the Estate
Shareholder disputes are a common issue in the world of business. These disputes can arise for various reasons, including disagreements over the company's direction, disputes between shareholders, and issues related to succession planning and the...
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Government Set to Weaken Non-competes
On 10 May 2023, the government released a new policy paper, Smarter Regulation to Grow the Economy. The paper outlines the government’s initial plans for changing the landscape of employment law post-Brexit. Non-compete restrictions will be...
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Call of Duty Holds the Line: The Battle for Cloud Gaming
The Competition and Markets Authority ( CMA ) has blocked Microsoft's proposed acquisition of Activision Blizzard Inc ( Activision ) for £68.7 billion – following an in-depth investigation, given concerns over the deal's impact on the UK cloud...
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Investor Focus: Coastal Property
Seaside property forms part of a diverse rental market for Landlords, as residential properties can be rented to long-term tenants and holidaymakers. Property owners also have the luxury of having their own private getaways throughout the year...
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Landlord Considerations When Agreeing to Sublet
The rise of online shopping, changing consumer preferences, and the economic challenges brought about by Covid have led to tenants increasingly requesting consent from Landlord's to sublet their commercial leases. So, what should the Landlord...
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Removal of No Fault Residential Evictions
The Department of Levelling Up, Housing and Communities have confirmed plans to reform the private and social rented sector legislation. The Renters Reform Bill (the Bill) will provide the biggest change to renter’s law in a generation, improving...
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Digital Assets: What Will Happen to My Bitcoin When I Die?
In recent years, there has been a massive increase in information, possessions and assets being held online. Over 3 million people in the UK now hold cryptocurrencies such as Bitcoin, which can be substantial in value. For the owners of these...
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Lease Heads of Terms: Top Ten Tips
Heads of terms (HOTs) are used to outline the key commercial property terms of a proposed transaction. They are issued prior to solicitors being instructed and form the basis of the terms to be included in the legal documents. A well-drafted set of...
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Tesco v Lidl: Clash of the Supermarket Heavyweights
On 19 April 2023, the High Court held that Tesco’s use of its Clubcard sign (shown below) constituted trademark infringement and passing off of Lidl’s logo as it misled shoppers into thinking that products offered under the Clubcard scheme were...
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The Meaning of "Day" – TCC Judgment in Elements (Europe) Ltd v FK Building Ltd 2023
On 21 March 2023, the Technology and Construction Court ("TCC") handed down its judgment in the case of Elements (Europe) Ltd v FK Building Ltd. The judgment focuses on the validity of a payment application and provides clarity as to what is meant...
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EMI Share Option Plans
Enterprise management incentive (EMI) share options are designed to assist smaller companies with potential growth and future development and attract and retain the most suited employees for their business. Companies also use EMI share options as...
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The Landlord and Tenant Act 1954 and “Reasonable Updating”
The Landlord and Tenant Act 1954 gives business tenants a statutory right to a new tenancy on the expiry of their existing tenancy and provides that a landlord can only recover possession where at least one of seven statutory grounds applies. The...
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Commercial Properties: Go Green
Manchester has set a target of achieving net zero by 2038 – 12 years ahead of the Government's target for the rest of the UK. Reducing the carbon footprint of new builds and existing commercial properties will prove key to achieving this goal. By...
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How Are Businesses Dealt With On Divorce?
The value of a business and its income will be considered an available resource of the marriage on divorce. That is not to say that the family court would order a sale of the business. The court recognises that the business provides an income, the...
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An Introduction to Section 106 Agreements
Following the submission of a planning application to the Local Planning Authority (LPA), you may find that the LPA requires a Section 106 Agreement to be entered into before planning permission is granted. The Section 106 Agreement will contain...
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Is the Restraint of Trade Clause in my Agency Agreement Enforceable?
Since the introduction of the Commercial Agents (Council Directive) Regulations (' the Regulations ') in 1993, commercial agents have long since benefitted from an extra layer of statutory protection than those afforded to employees. The...
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Terminating Commercial Tenancies
Landlords and tenants within the retail, hospitality, and leisure sectors continually have to adapt their portfolios and business on account of market pressures; for landlords, that may involve terminating commercial tenancies to carry out...
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£100,000 Windfall: Employer Punished for Risking the Health of Heart Attack Victim
In the recent Employment Tribunal case of Mrs G Rouse v Andron Contract Services Ltd , the tribunal awarded Mrs Rouse £100,000 for being "pushed out" of her job when her employer threatened her with redundancy , failed to make reasonable...
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What does it take to prove Will forgery?
In the recent High Court case of Carlton Watts v Watts , the Claimant (Carlton) sued his 92-year-old mother (Jobyna), alleging she had forged his late father’s Will. By his 2000 Will, the late Eustace Watts had left his entire estate to Jobyna...
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Do You Have Trusts That You Have Forgotten About?
Trusts are very useful legal entities that separate the legal ownership and control of the assets from those who benefit. There are many types of trust; you may have set one up inadvertently during your lifetime and forgotten all about it. Recent...
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What Happens in the Event of a Shareholder's Death?
In the event of the death of a shareholder in a company, it is important to consider what will happen to the deceased’s assets, including any shares the deceased owns in the company. This is what our Corporate Law experts will be exploring in this...
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Relief from Forfeiture
Forfeiture of a lease is a useful right for a landlord; however, a landlord should exercise caution and seek legal advice as the tenant can apply for relief from forfeiture. A lease will include tenants' covenants, amongst others, to pay the sums...
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Property with Unidentified Owners and the Principle of Bona Vacantia
There are instances where the owner of a property is unknown, making it difficult to determine how the property should be dealt with, especially from the viewpoint of a prospective buyer. In such circumstances, the first step to identifying a...
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Separating Families Facing Mandatory Mediation
On 23 March 2023, the government released a press release announcing their proposals to make mediation mandatory in thousands of suitable low-level family court cases. They describe it as a “major shake-up to the family justice system” , whereby...
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Manufacturing Sector: The Four-Day Working Week
4 Day Week Global has recently published its results from the world’s largest trial of a four-day work week. Sixty-one companies and 3,000 workers participated in the six-month trial. Of the sixty-one participating companies, fifty-six are...
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Supporting Fasting Employees During Ramadan
In this article, Myerson's team of Employment lawyers explore what the festival of Ramadan involves for Muslim employees and what businesses can do to ensure participating employees are appropriately supported. What is Ramadan? Ramadan is a very...
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The Challenges and Opportunities of the Digital Age
The digital age has brought about significant changes and challenges for commercial agents and principals in the UK, but it has also presented new opportunities for growth and innovation. Below we consider some of those challenges and opportunities...
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Due Diligence When Purchasing Land for Development
Conducting due diligence is an essential part of any property purchase. Your commercial propert y solicitor will conduct the legal due diligence, including investigating the property’s title, submitting and reviewing appropriate searches and...
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What Are My Options to Enforce a Legal Charge?
We often have conversations with clients who ask what their options are to enforce a legal charge. Ordinarily, the client will have lent money to a third party, entered into a formal Facility Agreement concerning the loan and secured the loan by...
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Can a Gift Under my Will Stop a Claim Being Made Against my Estate When I Die?
The Inheritance Act enables a qualifying applicant to bring a claim where a Will (or an intestacy) leaves them without "reasonable financial provision". A claimant must fall into one or more of the categories to be able to bring a claim: A spouse...
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Supporting Sustainable Construction through Construction Contracts
It's no secret that the built environment and construction sectors are among the largest contributors to global carbon emissions. With the Government being committed to reaching its net zero greenhouse gas emissions target by 2050, the construction...
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Has the Bell Tolled One Last Time for TikTok?
Yesterday the ICO issued a £12.7M fine to TikTok for misusing children’s data, and we consider the wider implications. The Information Commissioner’s Office ( ICO ) has fined Information Technologies UK Limited and TikTok Inc ( TikTok ) £12.7m for...
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Investor Focus: Houses in Multiple Occupation (HMO)
A house in multiple occupation (HMO) is a residential property rented by at least three people who are not from one household but share facilities such as the kitchen and bathroom. HMOs can be a desirable housing option for both landlords and...
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The Effect of the Retained EU Law (Revocation and Reform) Bill
Since the United Kingdom left the EU on 31 January 2020, law derived from the EU has consistently been removed and later restored in some different form into the UK Domestic Law. It is a Bill which is to have the effect of revoking certain retained...
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Renters Reform Bill
In January 2023, we prepared a property litigation blog describing what legal changes we would likely see in 2023 in the property market . One of the biggest changes we are likely to see is concerning residential renting in England with the Renters...
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Guidance on Commercial Rent Deposits
To provide security for the payment of rent or the performance of a tenant's covenants in a commercial lease , a landlord will typically require a deposit of money to be paid by the tenant. Rent deposits are attractive to landlords as they provide...
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Five Reasons to Set Up a Trust
Trusts can be a useful way to protect assets and mitigate tax, but there is often a lot of confusion and misunderstanding about the purposes of Trusts. Our Wills, Trusts, and Probate team have identified some of the main reasons for creating a...
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Changes to Capital Gains Tax Legislation and Lifetime Allowance Provisions
Recent changes to the rules in relation to Capital Gains Tax (CGT) apply to the transfer of assets between spouses and civil partners who are in the process of separating . The aim is to provide spouses/civil partners with more time to transfer...
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Who Do Professionals Owe a Duty of Care to?
A professional’s duty of care is widely considered to extend only to their client. However, in a recent professional negligence case, the potential pool of people to whom a professional can owe a duty to has been widened. The starting point is...
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Influencer Marketing: New CAP Guidance Issued
The Committee for Advertising Practice (CAP) has issued revised guidance for influencer marketing in a bid to ensure influencers make clear when their content is advertising. The ‘Influencer’s Guide to Making Clear that Ads are Ads’...
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Shareholder Disputes and Minority Shareholder Discounts
Unfair prejudice claims are a cause of action available to shareholders pursuant to section 994 of the Companies Act 2006. Shareholders in a limited company who have been unfairly prejudiced by the other shareholders can seek relief from the court...
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Building Safety Act 2022 – What You Need to Know
The Building Safety Act (BSA) received Royal Assent on the 28th of April 2022 and is being implemented in stages. The BSA requires more stringent safety measures and will change the way residential and commercial buildings are constructed and...
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Business Debt Recovery: Application to Set Aside Default Judgment
A default judgment is where the dispute resolution court issues a judgment against a defendant without the merits of the claim being heard and without the defendant having responded to the claim. A claimant can apply for a default judgment when...
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Rights of First Refusal – What is it and Why is it an Issue?
Part 1 of the Landlord and Tenant Act 1987, as amended by the Housing Act 1996, introduced the concept of the residential tenants rights of first refusal. Rights of first refusal is where a landlord is proposing to sell his interest in a building...
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Sexual Harassment at Work: New Duties on Employers
Back in 2019, the Government consulted on whether there should be a duty on employers to prevent the sexual harassment of their employees, and this was met with support. In July 2021, the Government responded to the results of that consultation by...
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Goodbye to Call of Duty? The Frontlines of the War on Competition
The Competition and Markets Authority ( CMA ) estimates that, in 2022, roughly £5 billion was spent on gaming in the UK and that there are around 45 million gamers in the UK, with more spent on gaming than any other form of entertainment including...
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How Outdated Articles of Association Could Cause a Deadlock When Valuating Shares
A company’s articles of association are a public document filed at Companies House that outlines the management and internal affairs. It is common for a new private company limited by shares to adopt the model articles contained in Schedule 1 to...
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Estate Administration Deadlines Explained
When someone passes away, their Personal Representatives may need to take out a Grant of Probate (if there was a Will) or a Grant of Letters of Administration (if there was no Will or there are no Executors). While most estates are dealt with in a...
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Spring Budget 2023: investing in commercial property through your self-invested personal pension (SIPP)
A SIPP is a self-invested personal pension scheme where the policyholder/ member has the flexibility and control over investment decisions and strategy. The money contributed to your SIPP can go into a wide range of investments in many different...
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Jointly Owned Property At Risk From Inheritance Claims
Certain individuals, including spouses and children, can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 ( “the Act” ) for “reasonable financial provision” from a deceased’s estate. The Court has wide discretion...
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Evidencing Ground (f) in Opposed Lease Renewals
In the recent property litigation case of Man Limited v Back Inn Time Diner Limited, the Court considered the evidential burden on the landlord in opposing a lease renewal under the Landlord and Tenant Act 1954 (“the 1954 Act”). Under the 1954...
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How Do You Deal With Separation When Children Are Involved?
Separation and divorce can be challenging and upsetting for all involved, especially children. It is important to remember that although the relationship between the parents has ended, their role as parents will continue. Therefore, separating...
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April 2023: Statutory Pay Rates & Unfair Dismissal Compensation Limits Increase
As always, April means new increases to a range of statutory rates and limits. We have set out below the key changes taking effect in April 2023 that employers need to know about.
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A Guide To Selling Farmland
Although residential property prices have fallen in recent months, the price of farmland, fuelled by high demand, remains resilient. Given the lack of supply, availability of attractive tax benefits, the push to achieve net zero objectives and...
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How Should an Employer Respond When a Cyber Incident Occurs?
Whilst prevention is the best cure for cyber incidents and data breaches, no organisation can consider itself untouchable, and employers must be prepared for the worst. In this article, Our Employment Law experts explore how an employer should...
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Landlords of Non-Domestic Properties - Are You MEES Compliant?
Landlords of commercial properties will be aware that (subject to an exemption) since 1 April 2018, it has been unlawful to grant or renew a tenancy of sub-standard property, being a property that has an Energy Performance Certificate (EPC) rating...
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Living in a Goldfish Bowl
A recent decision in the Supreme Court has attracted particular interest due to the high-profile defendant in the case, the Tate Gallery in London. This case is particularly relevant to hospitality businesses looking to use outdoor terraces or...
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A Guide To Enfranchisement
The Leasehold Reform Act 1967 gives leasehold tenants of houses the right to buy the freehold. This is what our Property Litigation solicitors will be exploring in this article. The right to buy the freehold (and any intermediate leasehold...
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Shareholder Rights and Disputes
Shareholders are individuals who own shares within a company. Essentially, shareholders are, collectively (assuming that a company has more than one shareholder), the owners of the company. Consequently, shareholders have a vested interest in the...
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Five Factors to Consider When Investing in Residential Property
If you are thinking about investing your money in property, there will be a lot to think about. We list five important factors to consider before you invest.
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How to Manage Your End-of-Life Care
An advance decision must be made by a person who has reached the age of 18 and has full mental capacity when making the advance decision to be binding. If there is any doubt whether the decision maker has the relevant mental capacity, a full...
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The Meaning of Practical Completion
Practical completion is an important concept in the UK construction industry. It marks the point at which a project is considered finished. It is a crucial milestone in any construction project, as it also marks the point at which the contractor...
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Green Credentials and the Need to Re-Imagine our Retail and Town Centre Spaces
The next challenge facing our retail space is the need to reduce environmental impact versus economic sustainability. A cost now, but will inaction lead to a greater financial and environmental burden in the future? Retail use has traditionally...
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The Role of Earn-Out Provisions in Share Purchase Agreements
When buying/selling a business , it is always important to consider what mechanism is best suited for the purchase price. The parties will consider whether the purchase price should be made in full at the time of completion of the purchase/sale or...
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Brexit, The Northern Ireland Protocol & The Windsor Framework
Brexit has been the reality faced by UK businesses for some time now. Following a long and winding road, the UK left the EU on 31 January 2020. However, the real trouble began when the transition period ended on 31 December 2020, when the UK cut...
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Divorce and the Inheritance Act
We often hear from clients who have made the difficult decision to divorce and are then given the news that their spouse has passed away before any divorce and financial settlement has been finalised regarding their marriage. Aside from the...
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Leasehold Reforms: How to Extend the Lease on my Flat
The current rules state that if you are a leaseholder of a flat and have been occupying it for more than two years, you have the legal right to extend your lease for an additional 90 years with the ground rent becoming a peppercorn, i.e., nil. In...
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Is My Spouse Entitled to My Pension on Divorce?
In proceedings for divorce or dissolution of civil partnership, the court has the power to redistribute pension benefits between the parties. Pensions must be noticed in divorce as pension rights often form the second largest asset after the...
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Option Agreements - Considerations for Property Owners
An option agreement is a contract between a commercial property owner and a prospective buyer that grants the buyer the option to purchase the property within a set period, usually at a certain price. The buyer is not usually obliged to proceed...
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Considerations When Moving to New Commercial Premises
Moving to new commercial premises can be an exciting time for any business, but it can also come with legal considerations. In order to ensure a smooth and stress-free move, particularly for manufacturers , it is important to understand the legal...
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Leasehold Reform - The Current Position and Proposals
In December 2017, the Government announced plans to tackle the growing property litigation problem of new build houses being sold as leasehold rather than freehold and to limit the ground rents payable by tenants of leasehold properties. The...
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A Legal Right to Request a Predictable Working Pattern
The Workers (Predictable Terms and Conditions) Bill comes as part of a package of policies that the government is supporting to improve worker’s rights across the country, such as entitling carers to a period of unpaid leave to support a dependent...
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Mental Capacity Through the Eyes of a Private Client Solicitor: Wills, Trusts and LPAs
Mental capacity is a legal concept. It refers to an individual’s ability to make decisions for themselves. We, as Wills, Trusts, and Probate Solicitors have a duty to consider whether our clients have the requisite capacity to make a Will...
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Tenants in Administration
The commercial property market is unsurprisingly suffering from the UKs economic turmoil, with many tenants feeling the pressure and struggling to trade and subsequently entering into administration. Landlords of commercial premises will...
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For Richer, For Poorer?
A widow has recently succeeded in her contentious probate claim for financial provision from her late husbands estate. She brought her claim under the Inheritance (Provision for Family Dependants Act) 1975 as, despite 66 years of marriage, her...
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The Energy Crisis and the Hospitality and Leisure Sector
The energy crisis will continue to affect the hospitality and leisure sector. As a result of the increase in costs, many businesses have found it difficult to trade and pay their rent following the terms of their lease. In October, the National...
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Can You Divorce Without Sorting Out Finances?
Couples increasingly choose to separate and divorce without having sorted out their finances, which could be attributed to the advent of a more accessible online divorce service, but there are implications for not finalising financial matters by...
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First-time Buyers and the Struggle to Get on the Ladder
It is without a doubt that first-time buyers are facing many struggles to get onto the property ladder and have been facing these obstacles for some time now. These have been particularly amplified in the past few months, but many are questioning...
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The Implications of Social Media for Commercial Agents Operating in the UK
Social media has become an essential tool for commercial agents in the UK to promote products, build brand awareness and engage with customers. However, using social media also presents legal risks and challenges that commercial agents must...
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Data Protection Law and Websites
Two main bodies of law primarily govern the data protection regime within the UK: the UK GDPR and the Data Protection Act 2018. The UK GDPR sets out prescriptive information and transparency requirements that businesses must satisfy when...
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Options For Downsizing Your Office Premises
During the Covid crisis, many businesses started looking at their commercial property requirements and how these have changed. The impact of flexible working and many meetings now taking place virtually rather than face to face means that many...
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Office Workspaces Post-Pandemic
When the Covid-19 pandemic hit in early 2020, many peoples working lives changed overnight. Working from home was introduced permanently, a notable change to the norm; for most companies working from home before the pandemic was relatively rare...
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“Fire and Rehire” Practices by Employers
The government has launched a consultation that could introduce restrictions on the ability of employers to use “fire and rehire” tactics to force through contractual changes to their staffs employment . A draft of the new Statutory Code of...
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Five Factors to Consider Before You Cut a Family Member Out of Your Will
In England and Wales, you have testamentary freedom, meaning you do not have to leave your estate to your spouse or your children in your Will . You can leave your estate to whoever you would like. However, your family members can make a claim...
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The Building Safety Pledge
At the end of January, the Government set a six-week deadline for construction developers to sign the new Building Safety Pledge contract. It is a warning that companies who fail to sign and comply with the contract will face significant...
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Priscilla Presley Contests the Validity of Lisa Marie's Will
Lisa Marie, the only daughter of Elvis Presley and Priscilla Presley, sadly passed away on 12 January 2023. Since her daughters death, Priscilla Presley has filed a lawsuit disputing the validity of Lisa Maries Will. The contentious probate...
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VAT and Property – Do You Know If You Have Opted to Tax?
HMRC have confirmed that as of 1 February 2023, they will no longer be issuing acknowledgement letters confirming that an option to tax notification has been submitted. Under the new approach, an automated email response will be sent when an...
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Service Charge in Commercial Leases: The Pay Now, Argue Later Approach
The Supreme Court has handed down its decision in Sara and Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd [2023] UKSC 2. In this property litigation case, the landlord brought a...
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Can I Apply for Spousal Maintenance?
Spousal maintenance can also be referred to as a periodical payment order. One party must pay the other spouse/civil partner a sum of money on a weekly or monthly basis. Whilst there is an expectation in the eyes of the court that both parties...
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Louboutin v Amazon - Advertising Counterfeit Goods
A recent ruling from the high-profile case of Christian Louboutin v Amazon has highlighted the potential pitfalls of allowing third-party sellers to advertise and sell counterfeit products via online commercial marketplaces. This judgment is of...
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Nuptial Agreements – To What Extent Can They Be Challenged?
Whilst prenuptial agreements are not formally binding in England and Wales, the Family Law courts have regarded them as persuasive and even decisive. The court in the landmark case of Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 set...
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Outsourcing in the Manufacturing Sector
Outsourcing provides an opportunity to achieve operational efficiencies and cost savings and can be attractive to businesses in any sector. At the same time, relying on a third party to deliver business-critical functions raises many practical...
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The New Fire Safety Regulations
The Fire Safety (England) Regulations 2022 (the Fire Safety Regulations ) came into force on 23 January 2023 to implement most of the residential and commercial property recommendations made to the government in the Grenfell Tower Inquiry Phase 1...
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Cost of Living Crisis: Do You Need to End Your Lease Early?
Many people across the county have felt the pinch of the cost-of-living increase, whether it be the rise in energy bills, food prices or other goods. The crisis presents a bigger problem for small and independent businesses on the high street. The...
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Is There a Minimum Workplace Temperature?
Having only just thawed out from temperatures that dipped as low as -10⁰C earlier this month, the UK is braced for more snow and frost in the coming weeks. At the other end of the thermometer, it was only a few months ago that we saw record-break...
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Legal Due Diligence and Covid Fraud
HMRC recently confirmed that an estimated £4.5 billion in Covid Support has been lost by fraud or error and that it is expected to recover £1.1 billion by September 2023. The misuse of Covid Support will continue to be an area of focus for the...
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Is Company Data a Privilege?
This Technology article considers whether company data is privileged and the importance of confidentiality. In a world where cloud environments and external storage capacity can be spun up and subscribed to in an instance, businesses need to be...
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Will the New Gateway Process Apply to Projects Starting in 2023?
A key part of the regulatory framework for higher-risk buildings introduced under the Building Safety Act 2022 is the new Gateway regime which involves the scrutiny by the new Building Safety Regulator (Regulator) of the proposals before the...
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Buying a Commercial Property at an Auction
In 2022, 40% more properties by value in the UK were sold at auction compared to 2019, and many auctioneers predict this trend to continue during the coming years. We regularly act for clients purchasing properties big and small at auctions, and...
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Dispute with an Executor – What Can I Do?
What can you do if you are a beneficiary or executor unhappy with how the Deceaseds estate is handled? It is common for a Will to name two or more people (often family members) to be the executors of an estate. The executors role is to...
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Rent Free or No Rent Free – That is the Question!
A flurry of recent cases will interest landlords and tenants negotiating rents on renewals under the Landlord and Tenant Act 1954 (“LTA 1954”). Under s.34 of the LTA 1954, the parties can ask the Courts to determine the rent to be paid under a...
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Brexit: Possible Implications for Commercial Agents
The British government recently announced its plans to scrap all EU financial regulations by the end of 2023. Despite the profound impact that will have on the UK financial sector, this current government appears determined to have its “Brexit...
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Setting Aside Financial Orders and Barder Events
Whilst financial orders in family law are intended to be final, an application to set aside a financial order can be considered in certain circumstances. These cases are referred to as set aside applications. The set aside application can only be...
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Legal Jargon When Moving House – What Does It All Mean?
There are many legal terms used by solicitors throughout a conveyancing transaction which can be difficult to understand when you are looking to sell your home, or purchase a new home. During what has been described as one of the most stressful...
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The Benefits of Mediation in Shareholder Disputes
Disputes between shareholders of a private company are a common occurrence. The interests of shareholders can typically change from the business inception to the point that they become unaligned, which can lead to irreconcilable differences...
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An Air of Optimism for the Hospitality and Leisure Sector in 2023
With the passing of Blue Monday and the January payslip within reaching distance for many, there is an air of optimism for those engaged in the hospitality and leisure sector in 2023. It would be ignorant not to acknowledge the ongoing challenges...
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Government Consults on Holiday Pay for Part-Year Workers
Following the recent case of Harpur Trust v Brazel, it appeared that many businesses would need to revisit their holiday calculations for part-year workers. Myerson has previously discussed the background and decision of this important case at...
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The Leasing Market and the Move to Flex
A key theme for commercial property leases that seems set to continue is “Flexibility”, and the need for occupiers to have the flexibility to deal with their changing requirements has led to more diversity of options in the office space market...
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Right to a New Lease
Whether your tenant has a right to a new commercial lease depends on whether Part II of the Landlord and Tenant Act 1954 ( the Act ) applies to the tenancy or whether the lease has been contracted out of the security of tenure provisions of the...
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Agricultural Divorce
Any interest either party to a divorce has in a farm or farming business comprises one of the assets that the court will consider when approaching the matter of distribution upon marital breakdown. Complex methods of ownership, liquidity issues...
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Employment Law Developments on the Horizon in 2023
2023 can be a busy year for employment law changes, with a legislative agenda that includes possible post-Brexit reforms for EU-derived laws, increased employers protection from strikes, and a raft of private members bills offering additional...
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Summary Judgment and Strike Out Applications
The notion of issuing a claim and going to court to recover a debt is often problematic for creditors. It is well established that legal costs in litigation and other dispute resolution processes can be significant. Legal costs can be a real cause...
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Cross-Border Estates: What to do when an individual dies whilst living abroad
When an individual passes away, dealing with their estate can be difficult and overwhelming. Added complexities arise when the individual dies outside of the UK, which is important to consider. Several things need to be established before you...
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Construction Retentions
Retentions are often used on construction projects. This article explains what they are and why you should consider them. Construction retention refers to a portion of the payment that is withheld from a contractor until the completion of a...
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A Shareholder’s Rights at General Meetings
An AGM is a general meeting of a companys shareholders , which is required to be held (under section 336 of the Companies Act 2006) by a public company within six months beginning with the day following its accounting reference date (i.e., every...
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Heads of Terms in Commercial Lease Transactions
Heads of Terms (HOT) are a key component in a commercial lease transaction and often kick-start the lease negotiations between the landlords and the tenants solicitors. They set out the agreed lease terms between the parties and are referred to...
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Solutions If You Are Not Included In A Will
A Will is one of the most important documents you will ever sign. It gives you control over who inherits your estate and allows you to provide for loved ones. Sadly, Wills are often a catalyst for litigation when people circumstances change, but...
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Looking Ahead in 2023: What to Expect in Property and Property Litigation
Now that 2022 has come to a close, it is time to look ahead and consider what legal changes we can expect to see in 2023 in the property market. In this blog, we have detailed a number of the changes we expect to take place. On 28th April 2022...
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2023: A Year of Focus on Online Advertising, Influencers and Greenwashing
2023 looks set to be a year of regulatory focus for those operating within the online advertising and marketing arena, with harmful content, greenwashing and the activity of influencers key areas of scrutiny. In this article, we look at three...
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January Blues – Managing Child Contact Arrangements Over Christmas
The festive period can be a very difficult time for parents who have separated when it comes to child contact arrangements. It can be extremely stressful given the expectations parents have for contact with their children over Christmas, and...
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What are Liquidated Damages?
Liquidated damages are a regular feature of construction contracts. This blog explains what they are and why you should use them. Liquidated damages in construction are a contractually agreed upon sum of money that one party to a contract must pay...
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The Advantages of Shareholders’ Agreements in Manufacturing
This article comments on shareholders agreements and why they are particularly useful to have in place for private, owner-managed manufacturing companies. Owner-managed companies usually have a smaller number of shareholders, and those...
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Right of Access to Information and Documents
This article focuses on an agent's right to information and documents, with a particular focus on entitlements to information and documents following the termination of the agency. Accessing sales information and equality of arms is of paramount...
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Divorce and Separation During the Cost of Living Crisis
Unfortunately, we are in the midst of a cost-of-living crisis. Over the last few months, there has been extensive media coverage about escalating mortgage rates, energy bills, and the price of food and other essentials. The future feels bleak for...
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What Should I Do When Someone Dies?
When someone dies, it is difficult, and you may be unsure what to do first. Immediately after someone passes away, it is usually the responsibility of the family and friends of the deceased to deal with practical matters. A solicitor can also help...
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When Can Beneficiaries Get Their Inheritance
One of the questions we frequently get asked is when inheritance can be distributed to the beneficiaries of a taxable estate. One of the key steps is to obtain the green light from HMRC. In a taxable estate, personal representatives must be...
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Entrenchment Provisions in Articles of Association
Under section 22 of the Companies Act 2006, members can entrench certain provisions in a company’s articles of association. This means that a higher threshold is set to amend, remove or alter a provision in the articles. Examples of entrenched...
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7 Key Questions You Should Know Before Signing a Commercial Lease
Signing a new commercial lease agreement for your business is an exciting prospect, but you should take time and care to ensure the lease provisions are suitable for your business and are commercially workable. Even the most straightforward...
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