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May 2008

It’s not fair!

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.

Frequently Asked Quetsions

A few question we are regualrly 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.

Budget 2008

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.

Age Discrimination

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

Home Information Packs

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

Home Information Packs

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.

Autumn Tax Changes

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

Boundary Disputes

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!

To Gift Or Not To Gift

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

Going Your Separate Ways

We are often approached by clients who wish to consider divorce, but who have some misconceptions about the actual process.

HIP's 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”).

What Does It Take......

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

No Purchase Necessary

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.

“Every Little Helps”

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

Japanese Knotweed

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

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

Consumer Credit

“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.

The Right To Choose

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.

 

 

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