News Archive
March 2009
End Of Statutory Dismissal And Disciplinary Grievance Procedures – Not Quite!
The Employment Act 2008 due to come into force on 6 April 2009 will repeal the Statutory Dispute Resolution Procedures (dismissal and disciplinary procedures and grievance procedures), marking the implementation of a new ACAS Code of Practice.
Disclosure in Litigation
If you are a party to litigation, you will be required by the court to make a reasonable search for and disclose to the other party all paper and electronic documents which are or have been in your control (including deleted documents and those saved onto servers).
February 2009
European Court Of Justice Ruling On Accrual Of Annual Leave During Sick Leave
Following a referral from the House of Lords, the European Court of Justice (ECJ) has ruled that a worker on long term sick is entitled to accrue annual leave. Accordingly, it will not be necessary for workers to have worked during the leave year in order to qualify for their leave entitlement.
January 2009
It’s all in the name!
September’s article outlined the new laws controlling opportunistic company name registrations. A little over 2 months later, the Company Names Tribunal issued its first ruling.
December 2008
Dedicated Property Recoveries and Litigation unit is launched to support landlords and managing agents
Law firm Spratt Endicott has developed a specialist Property Recoveries and Litigation unit to support landlords, managing agents, property investment companies and developers with the legalities of property management, possessions and repossessions, from start to finish.
November 2008
Divorce in the Credit Crunch
Whilst it is true that, historically, an unhappy wife married to a wealthy man would divorce in a good financial climate, it may similarly be tempting for a wealthy man in an unhappy marriage to consider a divorce when his financial position is not so good
Landlords - Are You Aware Of Your Obligations?
Most experienced landlords will have a written tenancy agreement in place when letting a property to tenants. The tenancy agreement will usually clearly state the landlord’s contractual obligations. However, landlords should also be aware that they are subject to certain statutory obligations even if these are not included within the contractual provisions of the tenancy agreement.
October 2008
Changes to National Minimum Wage
Increases to the hourly minimum wage took effect on 1 October 2008.
September 2008
Opportunistic Company Name Registrations Restricted by Companies Act 2006
Cyber squatting, where individuals register web domain names similar to existing businesses in the hope of selling the name to the business concerned for an inflated price, is a well known problem.August 2008
Spratt Endicott Wins High Court Victory for Sole Trader Against International Franchise Network
Law firm Spratt Endicott is celebrating a High Court victory on behalf of sole trader client Errol Kerr, against international franchising network ChipsAway International.
Under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, there is now a requirement that air-conditioning units with an output of more thank 12kW are inspected by an energy assessor on a regular basis, and at least once every 5 years.
July 2008
Directors routinely sign documents on behalf of companies, but a recent Court of Appeal decision should encourage them to be more cautious about what they are signing.
June 2008
Women whose expected week of childbirth starts on or after 5 October 2008, will be entitled to receive non-cash benefits from their employers during additional maternity leave!
May 2008
The Consumer Protection from Unfair Trading Regulations 2008 (the “Regulations”) come into force on 26 May. The Regulations are intended to protect consumers from unfair, misleading and aggressive commercial practices.
A few question we are regularly asked by our Private Clients
April 2008
The Impact of Divorce or Separation on Children
Much is made in the media of the effect of divorce or separation upon children of the family. As a family lawyer, I can appreciate that in many cases, when parents separate, emotions run high. Unfortunately, this can result in children being pulled into the dispute between the adults and this is certainly to be avoided if at all possible.
Energy Performance Certificates
From the 6th April it will be necessary to provide an Energy Performance Certificate (EPC) whenever you sell or let a Commercial Property.
March 2008
How To Get Back Possession Of Your Property
If you are a landlord of a property, let on an Assured Shorthold Tenancy, in order to regain possession of that property, it is necessary to serve on the tenant a Notice Requiring Possession.
The First Step Is The Hardest!
Sometimes the hardest step is the first step. Talking to a Family Lawyer can be the beginning of a journey into an uncertain future.Mr. Darling delivered his first Budget as Chancellor on the 12 March. The speech lasted some 50 minutes. This is quite a short speech by Budget standards. The shortest Budget speech ever was by Disraeli in 1867 which took 45 minutes. The longest, in 1953 by Chancellor Gladstone lasted 4 hours 45 minutes. The fact is that the Chancellor had very little to say,I do believe that Budgets these days are spoiled by the insistence of autumn statements, pre-Budget statements and the usual leaks
February 2008
Capital Gains Tax – Winners And Losers
The Chancellor has now published his thoughts on the change to the Capital Gains Tax system for individuals, trusts and estates. In the pre-Budget statement in October, the Chancellor announced that, as from 6 April 2008, there would be one flat rate for Capital Gains Tax of 18%, and that both taper relief (business and non-business) and indexation allowance would be abolished.
New employment legislation almost inevitably gives rise to challenge on its application, and the new law on Age Discrimination brought in to comply with a European Directive is no exception. In particular, the circumstances in which an employer can compulsorily retire an employee have been subject to much debate and challenge. This is an important issue for employers who are naturally looking for some certainty from the law, rather than confusion.
January 2008
With minor exceptions, all houses being put up for sale in England and Wales have needed a Home Information Pack (HIP) since 14 December last year. If you are selling a property privately, or selling a property subject to an existing tenancy agreement, a HIP is not required.
Companies Act 2006 – New Year...New Requirements! – Is your business ready?
Most companies will now be aware that certain provisions of the Companies Act 2006 (the “Act”) came into force last year. Further provisions are due to come in force in April this year and so it seems an opportune moment for businesses to check that they are currently complying with the Act and to prepare for the changes to come.
Is There Such A Thing As A Good Divorce?
We are often approached by clients who have had either a previous personal experience of an acrimonious divorce, or who know of friends and family who have gone through a very difficult divorce process and naturally they are worried at the thought of attempting the process themselves and facing a similar situation.
December 2007
The Government has announced that from 14th December a Home Information Pack (HIP) will be required for the sale of every home in England and Wales. This announcement concludes the phased introduction of HIPs which started on 1st August.
On 9 October Chancellor Alistair Darling, in his autumn statement, made some well publicised changes to Inheritance Tax and Capital Gains Tax. Are they worth anything, or are they just smoke and mirrors?
November 2007
If a man’s home is his castle then his boundary is to surely to be defended at all costs. But where exactly is that boundary, should it be defended and what will it cost!
How do I save Inheritance Tax? Well you’ve worked hard all of your life, have a nice home and have built up a reasonable ‘nest egg’ for your retirement. You will probably be unhappy to learn that unless you take steps to prevent it , HM Revenue and Customs could be one of the main beneficiaries of your estate when you die.
October 2007
We are often approached by clients who wish to consider divorce, but who have some misconceptions about the actual process.
From 1st June 2007 sellers will not be able to market a property unless they are able to provide to a genuine applicant a Home Information Pack (“HIP”).
I am not sure how many articles I have written attempting to persuade people to make Wills, but it must run into dozens. As I write this, I note that the National Consumer Council has announced that more than 27 million people in England and Wales do not have a Will and, most worryingly, that those who need one the most are the least likely to have one.
More Time Off and Higher Pay for Workers
Following a consultation in early 2007, it was found that 22% of the British workforce did not receive 20 days holiday in addition to the 8 public holidays or the pro-rata equivalent. So the government has introduced new legislation to increase statutory annual leave.
September 2007
The phrase ‘no purchase necessary’ is one many people associate with promotions on the back of cereal packets. However the phrase may be a rarer sight on the breakfast table with the implementation of certain provisions of the Gambling Act 2005 (the “Act”) on 1st September.
Many of you will recognise my heading today as the sales pitch of Tesco who, no doubt at vast expense, engage celebrities to endorse their services under this strap line. It is fascinating that whilst during the years of this Government, professions have increasingly come under attack, supermarkets certainly have thrived.
August 2007
It is not often that the worlds of commercial property and gardening collide but the thorny issue of Japanese Knotweed and how to deal it challenges gardeners, developers and property owners.Collaborative Family Law is a new approach to reaching an amicable resolution to divorce or relationship breakdown, without the need to have to attend Court.
July 2007
“We need to drive out irresponsible lending, not only to protect consumers, but also to ensure that credible businesses can operate with confidence…” such were the words of Lord Sainsbury when the Consumer Credit Act 2006 was passing through Parliament.
We live in a time when great emphasis is placed on the rights of various people. There is a right to work, a right to a home and all sorts of other rights. The difficulty frequently is that these do not go hand in hand with responsibilities, for example, the responsibility to pay rent, the responsibility to be qualified and so on.
June 2007
Home Information Packs - Important Information Your Should Know About Selling Your Home
From 1st August 2007 it will be a legal requirement for you to compile a Home Information Pack (HIP) relating to your property (if it has four or more bedrooms with smaller properties to follow later) before you can start marketing it for sale to the general public.
May 2007
New Directive on aggressive commercial practices
In 2005 the European Parliament and Council adopted a directive (the “Directive”) intended to protect consumers from unfair, misleading and aggressive commercial practices.
April 2007
In the course of preparing Wills over the last 40 years, I have often been asked the question as to who is responsible for the disposal of the deceased’s remains.
A common complaint by tenants of residential properties is that landlords unreasonably withhold part or the whole of the deposit when it’s time to move out.
March 2007
Everybody knows what that means, it means “buyer beware”. Usually associated with dodgy washing machines and iffy cars. As I am an expect on neither, I would like to concentrate on Wills.
Mediation - a most agreeable result
For some a “day in Court” is a terrifying prospect whilst for others it is their only aim. The fear can be that of having to go to Court or that of spiralling costs.
February 2007
Home Information Packs – The New Regime
From 1st June 2007 sellers will not be able to market a property unless they are able to provide to a genuine applicant a Home Information Pack (“HIP”).
Carers to Receive Right to Request Flexible Working from April
Regulations implementing the right of carers to request flexible working arrangements, under last years Work and Families Act, are due to come into force from 6 April 2007.
As usual it is sensible at this time to review your personal tax situation, particularly to ensure that full use has been made of the reliefs and allowances to which you are entitled.
January 2007
Regulatory Reform (Fire Safety) Order 2005
The Regulatory Reform (Fire Safety) Order 2005 has been heralded as the most important piece of fire safety legislation in the last 30 years. On 1st October 2006, the Fire Safety Order brought new fire safety rules into all non-domestic premises.
In my article in November I warned that, following a legal victory against Barclays, the Revenue were hunting out off shore accounts, with a view to taxing, and probably penalising the owners of those accounts.
December 2006
A recent case in the High Court confirmed that the automatic insertion of an e-mail address in the header of an e-mail document does not amount to a signature for the purposes of determining whether the terms of that document can be enforced.
It is now some months since Mr. Brown’s last Budget was added to the Statute book and it is now the Finance Act 2006. It is hardly surprising that many people are confused as to the effects on their Wills particularly of the Finance Act 2006, in light of the publicity surrounding trusts. The purpose of this article is to outline what the effects of the Finance Act is on existing Wills, what does not need to be changed or worried out, and what needs to be reviewed.
November 2006
Customers identify businesses by their name, logo, product, service or brand. An effective way to prevent a competitor from copying the name or image of a business is to register a trade mark.
I have a client, whom I have known and liked for many years. He saw me a year or so back, and we talked about various things. He then informed me that all his cash was off shore in a foreign bank account, and so he said, as a consequence, he gets a higher rate of income, and he does not pay any income tax. I tried very hard to point out that this in fact was against the law, but with limited success.
October 2006
The new age discrimination regulations which came into force on October 1st have received a high level of publicity. However, behind this hype there is another set of regulations which came into force on 1st October which also will have far reaching implications in the workplace.
September 2006
The duty to manage asbestos extends to all non-domestic premises.
Age Discrimination – What Will It Mean?
In November 2005 we wrote a piece about the proposed draft Age Discrimination Regulations. The Regulations in their final form have now been published and the Regulations themselves come into force on 1st October 2006.
August 2006
In May 2006 the new domain name address “.mobi” was launched. It is intended for use with websites which have been specially configured to be easily accessible via mobile devices such as phones and PDAs.
Resolving Disputes In Relationship Breakdown
When a relationship with your partner first breaks down, you will most probably feel very emotional and anxious. You will be concerned about your future, the effect on your children, and involvement with the law. There is so much attention to divorce and relationship breakdown in the media, that people often have a false impression of how the system works.
July 2006
Intellectual property, known as ‘IP’, is a term for a collection of rights which attach to products, ideas and information.
When you read this article the Finance Act 2006 will be law. Since I last wrote, the Chancellor has been persuaded to back off on certain of his proposals, not least perhaps the most controversial, the threat of the loss of surviving spouse exemption under the Inheritance Tax Rules, unless the surviving spouse were left all the assets completely and freed from any trusts.
Home Information Packs ( HIPs ) will become compulsory from 1st June 2007. From that date nobody will be able to market the property they hope to sell unless a HIP is available.
June 2006
Budget-The Last Word?
Since writing in May 2006, there is some good news to report. It seems that the Treasury Team tabled some amendments to the Finance Bill in Committee, quietly changing some of the worst excesses of this Budget insofar as it attacks trusts.
Age Discrimination and the National Minimum Wage (“NMW”)
The Employment Equality (Age) Regulations 2006 state that an employer must not discriminate against any employee (and others) on the grounds of their age unless this can be objectively justified
May 2006
More On The Budget
Last month I indulged myself in sounding off against Mr. Brown and his Budget, the unpleasantness of back dating tax legislation and the absurdity of seeming to prefer to pay large sums of capital to 18 year olds rather than 25 year olds.
Preparing For The Sale Of Your Home
From 2007 estate agents will not be able to market property unless they are able to provide to a genuine applicant a Home Information Pack (“HIP”).....
Data Protection and References
A question that is often asked by employers when an employee or prospective employee requests a copy of their reference is ‘Do I have to provide them with a copy?’
April 2006
The Budget and Inheritance Tax
Even if you had listened very attentively to Mr. Brown’s Budget speech, you would not have heard him breathe a word about the tax changes that he has implemented relating to trusts.
Sunday Trading
The Department of Trade and Industry (DTI) is currently reviewing the law on Sunday trading.
March 2006
The Party Wall Act 1996
The Party Wall Act 1996 (the “Act”) is intended to provide a framework for preventing and resolving disputes in relation to party walls, boundary walls and excavations near neighbouring buildings.
February 2006
Vive La Difference!
When acting for clients, specifically couples, in the preparation of Wills and the giving of tax advice, as part of the fact find I need to know whether they hold their property as “tenants in common” or as “joint tenants”. Very few people know the answer to that question, and even fewer know the difference.
January 2006
Adverse Possession
If you exclusively use land that is beyond the boundaries of your property then it is possible that you can stake your claim to legal ownership through a legal process known as adverse possession.
Sensible Tax Planning
In his December pre-Budget statement the Chancellor again showed his determination to close what the Government and the Revenue perceive to be loop holes in our tax legislation with particular reference to Inheritance Tax.
Go Continental – The .eu Domain Address
On 7 December 2005 the new domain name address “.eu” was launched. There is an initial, staggered four month registration period during which only certain categories of eligible persons will be able to apply to register an “.eu” domain name.
New Year Resolutions
At the end of an old year and the beginning of another is traditionally the time for clearing up, and for New Year resolutions. There are some issues which it would be sensible to consider at this time of the year, so that you might start 2006 knowing that you have done your best.
December 2005
Mediation Finds Favour
Mediation saves money by cutting down time spent in Court and the cost of employing judges and court officials. So the Government Department for Constitutional Affairs is trying to broaden awareness of mediation and catch the attention of the general public.
November 2005
Gypsy Travellers - can you just move them on?
In England and Wales Gypsy Travellers are subject to the same laws as the settled community. Problems occur though when there is a conflict between the rights of the land owner to the exclusive possession and enjoyment of the land and the wants and needs of the nomadic community.
EU Directive on Unfair Commercial Practices
The European Parliament and Council has recently adopted a new directive (the “Directive”) banning misleading and aggressive commercial practices which are unfair to consumers. The Directive must be implemented in the UK by 12 June 2007.
Break The Lease … Not The Bank!
As a business you may have negotiated a break clause in your Lease and may be wishing to exercise it either because you are moving Premises, or because your business is closing down. But by failing to correctly exercise the break clause you could lose thousands of pounds.
Pre-Marital Agreements: not just for the rich and famous!
When a Hollywood icon decides to marry, no one is at all surprised to hear that a pre-marital agreement is being drawn up by lawyers prior to the big day. Similarly, in some European countries, it is a matter of routine for people from all walks of life to enter into pre-marital agreements.
Is it Enough to Have Policies and Procedures – or Should You Train Your Staff?
In the recent case of Goddard v Wilkinson Hardware Stores Ltd an employee has been awarded £20,000, as compensation on the grounds of sexual harassment. The employment tribunal found that the training and induction courses provided by the employer failed to bring sufficiently to the attention of the workforce the existence of the company’s policies and procedures.
The Civil Partnership Act 2004
As from the 5 December this year (2005) The Civil Partnership Act 2004 will allow same sex couples to apply for legal recognition of their relationship. The rights and responsibilities which attach to a civil partnership under the Act will where possible mirror those attaching to a marriage, although it is understood that the two will never be equated.
August 2005
Giving Away Income
One of the least understood and, therefore, least used reliefs available under Inheritance Tax legislation is giving away what, in effect, amounts to surplus income. The Inheritance Taxes Act provides that such a gift is exempt from Inheritance Tax.
July 2005
High Hedges Law
As of June 1st 2005 there is now law which should herald a new dawn for homeowners whose homes and gardens have been inflicted over the years by the scourge of leylandia and other evergreen hedges.
June 2005
Statutory Information on Stationery
Companies are obliged by law to publish certain details on their stationery. The rules apply not just to business letters, but to other documents such as cheques and order forms. Business cards, which are often handed over long before any formal correspondence begins, are also caught.
April 2005
Gender Reassignment
Since 1999 Gender Reassignment Regulations have provided protection against discrimination in employment to persons undergoing or contemplating undergoing or persons having undergone gender reassignment.
March 2005
Health and Safety Legislation
Health and safety legislation can be complex and confusing. Most people are aware of the legal requirement to protect employees' health and safety by ensuring that risks in the workplace are properly controlled. But how do you do this?
A Question of Choice: making a will
Do you really know what would happen if you died without making a Will. Are you aware that it depends both on the value of the estate that you leave behind, and what relatives survive you?
February 2005
Tax – The Facts
As we approach the end of the fiscal year it is important that allowances are used up, because for the most part they cannot be carried forward, and so I want to give a broad outline as to what those allowances are, and to suggest some other “housekeeping” matters that could be looked at at the same time.
January 2005
Legal Privilege
In the case of Three Rivers District Council and Others v Governor and Company of the Bank of England [2004] the House of Lords clarified the position of Legal Privilege and the right to obtain advice in confidence. This has had an impact in the business world as companies are now assured that their communications with their legal advisors are now less likely to be disclosed to outside parties.
December 2004
Employee Information and Consultation
Regulations
Information & Consultation Regulations have been recently been issued
which are due to come into force from April 2005. As a result many UK
companies will have to set up domestic works councils and inform and
consult employees about a wide range of business issues.
November 2004
Distance Selling Regulations
The Government has recently announced changes to the Distance Selling
Regulations designed to save businesses time, money and resources.
Enduring Power of Attorney
There are many misconceptions about Power of Attorney; this article explains the Enduring Power of Attorney, its purpose and the benefits that can be derived from signing one.
October 2004
The Consumer Credit (Advertisements) Regulations
The rules governing the advertising of consumer credit will change at
the end of this month. The Consumer Credit (Advertisements) Regulations
2004 (the "Regulations") come into force on 31 October 2004.
September 2004
Litigators Add Value
38% of UK small businesses questioned have identified fraud, both internal
and external, as a bigger threat to business than burglary. The issue
is what to do about it.
August 2004
New rules for Employment Tribunals
From October 2004 there will be a new set of rules governing the practice
and procedure of the Employment Tribunals. They are expressed to be
in "plain English" to make the system easy to use.
July 2004
Reform of Landlord and Tenant Act 1954
The Act provides protection for business Tenants so that they can renew
their leases except in stated circumstances.
House of Lords decision on damages
for unfair dismissal
In a ruling that is very helpful to employers, the House of Lords holds
that damages for injury to feelings and non-economic loss are not recoverable
for unfair dismissal and only financial losses may be claimed.
June 2004
Selling products "as seen" provides
no protection from your liabilities under health and safety legislation
Under the Health and Safety at Work etc Act 1974 (the "Act")
suppliers of articles for use in the workplace must ensure that those
articles are "so far as reasonably practicable" safe and without
risks to health when properly used
May 2004
Criminal liability for all Employers
Under new legislation implemented by the Home Office on 1st May 2004,
employers are under stricter obligations to keep check on who they employ
and whether their new employees are permitted to work within the UK
Liquor Licensing: New Licensing Act 2003
Publicans, hoteliers and licensees should be aware that the Licensing
Act 2003 represents the first major review of licensing law for almost
40 years.
April 2004
Does your website comply with the Disability
Discrimination Act 1995 (the "Act")?
A study of 1,000 websites published by the Disability Rights Commission
(the "DRC") revealed that 81% failed to reach the minimum
standard for accessibility
Telephone Preference Service for Business
From 25 June 2004 UK businesses will be able to opt out of direct marketing
calls by writing to the Telephone Preference Service and registering
their numbers
March 2004
Two reasons to celebrate!
Spratt Endicott has just achieved registration to the quality management
system ISO 9001:2000, and the firm has also recently been recognised
as an Investor in People organisation.
A more liberal regime will apply to
bankruptcies
New rules come into force on 1st April 2004
February 2004
Changes to the Distance Selling Regulations
The Distance Selling Regulations give rights to consumers buying goods
over the telephone, on the internet or by mail order. The Government
is currently consulting on proposed changes to the "cooling off"
period available under the Regulations.
Are you ready for the Control of Asbestos
At Work Regulations?
In force from November 2002 but part deferred to allow time for "Duty
Holders" to prepare. Your time is up from 21 May 2004!
January 2004
Requiring Male Employees to Wear
a Collar and Tie - Is this Discrimination?
In a widely publicised employment tribunal claim, last year, a Jobcentre
employee was found to have been discriminated against by his employer
on the grounds of sex, as he was required to wear a collar and tie to
work.
Using estimates to influence awarded
costs
In December 2003, the Court of Appeal gave guidance on how the Court
can use estimates filed at the beginning of a dispute, to influence
the way in which it assesses costs at the end.
December 2003
STAMP DUTY IS DEAD - LONG LIVE SDLT!
From Monday 1 December 2003 the rules and administrative procedures
regulating the payment of Stamp Duty on all property transactions is
to be overhauled with Stamp Duty being abolished and replaced by a new
tax - Stamp Duty Land Tax ("SDLT").
Company-owned Mobile Phones
From 1 December 2003 it will be illegal for any individual to use a
hand held mobile phone whilst they are driving. The use of hands-free
equipment will remain lawful, however its use is being discouraged.
October 2003
E-mail and The Privacy and Electronic
Communications Regulations 2003
The Privacy and Electronic Communications Regulations 2003 (the "Regulations")
due to come into force on 11 December 2003 will impose new legal restrictions
on e-mail direct marketing.
Disability Discrimination Act 1995: Commercial
Property - One Year To Go
At present it is unlawful for businesses providing a service to the
public to treat disabled people less favourably. From 1 October 2004
there will be an obligation to make "reasonable adjustments"
to commercial premises.
September 2003
Are you ready for the new Regulations
which outlaw discrimination on the grounds of religion or belief?
The Employment Equality (Religion or Belief) Regulations 2003 come into
force on 2 December 2003 and organisations should be preparing for them
by training their staff and reviewing their equal opportunities policies.
August 2003
Unfair Commercial Practices
The European Commission has recently published a draft Directive banning
misleading and aggressive commercial practices which are unfair to consumers.
The Directive is expected to come into force in the UK in 2005.
Services and Service Charges
The use of service charge provisions is usual in commercial leases,
particularly where tenants share common facilities. As a tenant there
are some key factors you should ensureare considered and covered by
the service charge provision in your commercial lease
