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Renegotiating A Commercial Lease

Posted: Thursday, September 5, 2019 - 10:45:44 AM

News stories about well-known retailers forcing landlords to renegotiate commercial leases as part of a voluntary insolvency arrangement have encouraged some tenants to ask for a better deal. A lease is a formal contract and, unless a tenant is insolvent, the landlord has no obligation to agree to any changes but commercial reality may mean a landlord is willing to negotiate.

Employment Law Consultations Aplenty This Autumn

Posted: Thursday, September 5, 2019 - 10:39:31 AM

This summer has been an unusually busy one for government announcements and consultations on proposed changes to employment law. Although it is not guaranteed that these proposals will become law, particularly given the current political uncertainties, these are a strong indicator of the direction of travel. Ryan Senior, employment law expert with Rose & Rose, outlines the proposals.

Choosing A Partnership Structure

Posted: Thursday, September 5, 2019 - 10:34:51 AM

You and your business partner may have a fantastic business idea and wish to launch your business as soon as possible, but before you do so it is vital that you give adequate thought to what type of partnership will best suit your needs.

Enforcing a restrictive covenant against a former employee

Posted: Monday, August 12, 2019 - 8:52:32 AM

Post-termination restrictive covenants are a common feature of employment contracts, particularly for senior personnel who could cause serious harm to your commercial interests if they went to work for a competitor, began soliciting business from your customers or attempted to poach members of your staff.

Ensure any strategic project is underpinned by a consultancy agreement

Posted: Monday, August 12, 2019 - 8:50:20 AM

Organisational change is rarely easy, whether this is the implantation of a new IT system, rebranding or cultural change such as improving diversity within a workforce. It is time-consuming for senior management, requiring a diversion from ‘business as usual’ and may require skills or experience which are not available within the business.

Commercial development of heritage assets: listed buildings and conservation areas

Posted: Monday, August 12, 2019 - 8:46:40 AM

Heritage assets are increasingly valued and well restored heritage buildings are sought after as business or retail premises. Property of this type is usually subject to statutory protection, which means developers have additional restrictions and requirements to navigate. Specialist legal advice will guide you through the process and give you the best chance of a successful project.

Best or reasonable endeavours? What a difference a word makes

Posted: Thursday, July 25, 2019 - 3:04:43 PM

Endeavours clauses are an integral part of many types of commercial contract. This article discusses the subtle differences between the obligations arising from these clauses.

Preventing claims of stress at work

Posted: Thursday, July 25, 2019 - 3:03:23 PM

In determining whether an employer is responsible for stress in the workplace and therefore liable to pay compensation, a court will determine whether an employee’s work-related stress was 'reasonably foreseeable' by the employer.

Understanding the insurance provisions in your lease

Posted: Thursday, July 25, 2019 - 3:01:13 PM

If a property is damaged, a landlord should get legal advice promptly on the insurance position, so they know exactly what they need to do and how long they have to do it. Commercial property solicitor Richard Turney outlines the implications.

Probate fees – increase

Posted: Tuesday, May 7, 2019 - 8:25:36 AM

The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved...

Divorce and Business Ownership: How to Protect Your Business Against the Threats of a Divorce

Posted: Monday, April 1, 2019 - 1:30:37 PM

According to research, approximately 1.4 million business in the UK are currently run by couples – a number that continues to rise. When business owners decide that their marriage has reached a point at which reconciliation is no longer an option, divorce difficulties can create all kinds of problems during what is already a very stressful, challenging process. When it comes to divorce and business ownership, it therefore pays to know how to protect your business against the threats of a divorce.

Rose Summer 2018

Posted: Tuesday, March 26, 2019 - 9:08:39 AM


Family judges will approach pre­nuptial agreements with greater respect following a landmark Court of Appeal ruling in a 'big money' divorce case. The Court agreed with Lord Phillips' opinion in Radmacher v Granatino that failing to honour such agreements, if reasonable and freely entered into, on the basis that the Court knows best would be both 'paternalistic' and 'patronising'...

Rose Winter 2018

Posted: Tuesday, March 26, 2019 - 8:49:46 AM

Your quarterly bulletin on legal news, views and advice from Rose & Rose

Diritto di Famiglia nel Regno Unito

Posted: Monday, March 25, 2019 - 8:21:25 AM

Tenendo presente quanto difficile possa essere affrontare una separazione o un divorzio, specialmente in un paese diverso da quello di origine, è sempre nostra premura assicurarci che l’assistenza offerta in tali circostanze sia onnicomprensiva.

Nuptial Agreements in Italy

Posted: Friday, March 22, 2019 - 3:42:27 PM

It is known that nuptial agreements are taken into consideration by the English courts if they were drawn up by the parties, when drafted upon receiving independent legal advice and aimed at achieving a fair outcome.

Online Probate Application | Government Rolls Out New Online Grant of Probate Application Service

Posted: Tuesday, March 12, 2019 - 8:24:11 AM

The HM Courts and Tribunals Service (HMCTS) recently announced that the new online probate application service invited users were able to test since 2017 can now be used by most named executors (England & Wales).

Guide to Kingston

Posted: Wednesday, February 27, 2019 - 12:40:43 PM

The latest version of the Guide to Kingston is now online.

Legislation Changes to Stop Domestic Abuse Victims Being Cross-Examined by Abusers

Posted: Tuesday, February 5, 2019 - 8:59:34 AM

Introduced by a draft Bill published in January, a new government package tackling domestic abuse will put an end to domestic abuse victims having to face their abusers cross-examining them in court. The MoJ (Ministry of Justice) said it will also support more domestic violence victims in giving evidence in criminal courts by providing automatic ‘special measures’ eligibility.

Family Lawyers Dub January the 8th ‘Divorce Day’ Due to Post-Christmas Spike in Couples Initiating Divorce Proceedings

Posted: Monday, January 7, 2019 - 11:05:05 AM

Trying to create the ‘perfect’ Christmas for a family can be extremely stressful – and this stress can all too easily reveal holes within a relationship. As a result, January sees a spike in couples seeking to end their marriages and January the 8th – dubbed by family lawyers as ‘Divorce Day’ - appears to be the most popular day to start relevant legal proceedings.

Family Court Has High Court Powers

Posted: Friday, December 14, 2018 - 9:40:52 AM

When a couple divorced, their financial settlement was complicated by the fact that both of the properties they jointly owned were mortgaged. The Family Court ordered that they should each have one of the properties and use their best endeavours to release the other from their obligations under the mortgage. If that proved to be impossible, each should indemnify the other against any liability under the respective mortgages, such that each alone would be responsible for the payment of the mortgage on the house they occupied.

Wife Must Pay For Her Own Mistakes

Posted: Friday, December 14, 2018 - 9:39:27 AM

The Supreme Court recently decided a case which made clear some of the limits that apply when financial issues were resolved within a consent order at the time of a divorce but where circumstances have changed over time and one spouse seeks to have the arrangements revisited by the courts.

Elderly Care Crisis Looms As Dementia Risk Ignored

Posted: Friday, December 14, 2018 - 9:32:14 AM

A report published recently by Solicitors for the Elderly (SFE) makes worrying reading as it highlights the growing gap between the number of people expected to develop dementia and the number who have created a lasting power of attorney (LPA).

Can A Will Be Valid If You Can't Read It?

Posted: Friday, December 14, 2018 - 9:29:55 AM

One of the requirements for a will to be accepted as valid is that the person who makes it must have 'knowledge and approval' of its other words, they must understand what the will says and what it means in practice.

ACAS Issues Guidance On Employment References

Posted: Friday, December 14, 2018 - 9:27:38 AM

The Advisory, Conciliation and Arbitration Service (Acas) has issued guidance informing job applicants and employers of the legal requirements appertaining to employment references.

Court Agrees To Correct Trust Error

Posted: Friday, December 14, 2018 - 9:24:58 AM

We all make mistakes...and when a contract is set up the terms of which clearly do not reflect what was intended, the court can be asked to rectify it.A recent case shows that that approach can also be taken with regard to incorrectly drafted trust documents.

Record IHT Haul Spells Warning For Families

Posted: Friday, December 14, 2018 - 9:22:17 AM

News that HM Revenue and Customs (HMRC) collected a record £5.1 billion in Inheritance Tax (IHT) in 2017 will come as a warning for many people, the near half billion pound increase over the previous year being largely due to more homeowning families being drawn into the IHT net.

Law Overrides Will That Excludes Partner

Posted: Friday, December 14, 2018 - 9:15:46 AM

The Inheritance (Provision for Family and Dependants) Act 1975 allows someone who was dependent on a deceased person during their lifetime to make a claim against their estate if there is no, or inadequate, provision for them in the will. This does not apply only to blood relatives.

Change In Divorce Law Expected After Supreme Court Ruling

Posted: Friday, December 14, 2018 - 9:10:23 AM

The Supreme Court judges' decision to prevent a wife from divorcing her husband, which was made 'without enthusiasm', has led to proposals to introduce 'no fault' divorce.

Good Divorce Week 2018

Posted: Thursday, November 29, 2018 - 8:48:52 AM

Running from the 26th to the 30th of November 2018, Good Divorce Week, Resolution’s 7th annual awareness campaign, focuses on how divorcing/separating parents can limit the detrimental impact conflict has on their children. Here’s everything you need to know about it – and how you can help campaign for changes to family law that will make divorces kinder and less traumatic for children…

No Fault Divorce

Posted: Monday, November 26, 2018 - 3:55:14 PM

No Fault Divorce UK Laws have had a lot of media coverage over the past few months. Here’s everything you need to know about no fault divorce in the UK.

No Pay, No Passport?

Posted: Thursday, May 24, 2018 - 1:26:19 PM

In a recent consultation paper, the Department for Work and Pensions (DWP), which is the Government department that deals with child maintenance payment arrangements, outlined significant powers which, if granted, would enable it to better enforce the payment of child maintenance.Arrears of payments can cause very significant hardship to those who rely on them. The Government estimates that it would cost more than £1.5 billion to collect the outstanding arrears.

Auto-Enrolment - Increase In Minimum Required Contribution Levels

Posted: Thursday, May 24, 2018 - 1:24:20 PM

Under the Pensions Act 2008, every employer in the UK has a duty to enrol certain staff into a pension scheme and contribute towards it.

Established Pattern Of Giving Not An Attempt To Escape Costs

Posted: Thursday, May 24, 2018 - 1:21:59 PM

When care costs need to be met, simply giving away your money is not an avoidance strategy that normally meets with success, as the local authority is likely to contest such arrangements when calculating what it should contribute towards the costs.

Aspects Of The Parental Bereavement Bill

Posted: Thursday, May 24, 2018 - 1:19:59 PM

The Parental Bereavement (Leave and Pay) Bill began life as a Private Members' Bill in July 2017. The Bill is being supported by the Government and is now wending its way through Parliament.

GDPR - ICO Launches Awareness Campaign For Micro-Businesses

Posted: Thursday, May 24, 2018 - 1:17:50 PM

The EU General Data Protection Regulation (GDPR) replaces the Data Protection Act 1998 and comes into force on 25 May 2018. The new law gives individuals more control over how their data is used, shared and stored and requires organisations to be more accountable and transparent about how they use it.

Fail To Comply With Court Orders And Prison May Await

Posted: Thursday, May 24, 2018 - 1:15:53 PM

When a couple divorced in early 2017, the financial agreement made included the provision that the wife should be allowed to remain in the first-floor flat she occupied until completion of the sale of the ground-floor flat of the same property, which she and her husband owned jointly, or until 24 October 2017 at the latest. The plan was that the sale of the ground-floor flat would realise a very significant sum and this would be paid to the wife.

Placing Trust In A Family Member Proves Unwise

Posted: Thursday, May 24, 2018 - 1:14:02 PM

Even the most apparently trustworthy people can sometimes turn out to be anything but and that is one good reason why it is sensible to appoint a solicitor as executor of your will. In one case that proved the point, an ex-police officer took advantage of his position to steal his disabled cousin's inheritance from her father.

Probate - Don't Delay

Posted: Thursday, May 24, 2018 - 1:12:25 PM

The Government's announcement in the November Budget that it intends to give local authorities the power to levy a council tax premium of up to 100% on empty properties could have unwelcome consequences for executors who fail to deal with the probate and administration of an estate with reasonable speed.

GDPR - Time Is Running Out

Posted: Thursday, May 24, 2018 - 1:09:17 PM

The clock is ticking fast regarding compliance with the General Data Protection Regulation (GDPR), which will be fully enforced from 25 May 2018 and will impose significant compliance issues for all organisations which handle 'protected data' – i.e. personal data, the definition of which is more detailed and broader than that used previously. One significant addition is the 'accountability principle', whereby data controllers must keep records to demonstrate how they comply with the data protection principles – for example by documenting the decisions taken about a processing activity

Equality Of Division Of Assets On Divorce Abolished? Hardly

Posted: Monday, March 12, 2018 - 2:15:13 PM

The popular press made a great deal of a recent Court of Appeal case (Sharp v Sharp), reporting that there had been a significant departure from the general principle that the assets built up by a couple during their marriage are to be split more or less equally on divorce.

Failure To Plan Ahead Leads To Court Battle

Posted: Monday, March 12, 2018 - 2:12:24 PM

Marital breakdowns are usually stressful and often confrontational and when the time comes to deal with the estate of a person with a second family, the possibility of dispute can often arise again. In just such an instance, the failure of a man with a second family to create a new Will led to litigation between his wife – from whom he was separated – and his partner of many years.

Cohabitants Entitles To Bereavement Damages

Posted: Monday, March 12, 2018 - 2:09:41 PM

The legal implications of cohabitation are often poorly understood by those who choose to live together outside of marriage or civil partnership, and the lack of protection for cohabitants often comes as an unpleasant surprise to many, especially when a relationship ends or one of the partners dies.

Liz Joins As New Member Of The Family Team

Posted: Monday, March 12, 2018 - 2:07:05 PM

We are delighted to welcome Elizabeth Whittle, who has joined our family team.

Relationships And Family

Posted: Monday, March 12, 2018 - 1:59:03 PM

If you're going through separation or divorce right now, coping with the holidays may have been challenging.Your life is changing anyway, so why not take the opportunity to reinvent it on your terms? This is the perfect time to make some powerful 2018 resolutions that will put you on the path to happiness and prosperity.

Liz Whittle

Posted: Thursday, December 21, 2017 - 9:50:00 AM

Liz Whittle is a Chartered Legal Executive who, since qualifying in 2000, has specialised in all family law matters, including divorce and separation, contentious children act matters, financial proceedings flowing from separation, as well as cohabitation disputes and non-molestation and occupation proceedings, to name but a few.

Denied Divorce Case Heading To Supreme Court

Posted: Tuesday, October 3, 2017 - 3:34:54 PM

It has been revealed that the widely reported case last March in which a wife was not granted a divorce from her husband because she could not demonstrate that his behaviour had been unreasonable will be decided by the Supreme Court.

Charity Director's Misconduct Made Dismissal Inevitable

Posted: Tuesday, October 3, 2017 - 3:30:34 PM

No matter how gross an employee's suspected misconduct may be, it is always vital to approach matters with an open mind. However, in Soll (Vale) v Jaggers, the Employment Appeal Tribunal (EAT) ruled that the dismissal of a former charity director who doctored his own employment contract with a view to personal gain was inevitable.

Mother Denied Child Residence Order

Posted: Tuesday, October 3, 2017 - 3:16:34 PM

When a couple split up, it is very common for one of them to wish to move away, often to the area where they grew up or have family. This can create significant issues as far as the children are concerned and disputes in such cases are common.

When Refusing To Do Wrong Can Still Mean Trouble

Posted: Tuesday, October 3, 2017 - 3:13:35 PM

Breaches of competition law can lead to fearsome penalties and the law itself is very strict. In a recent case, a company that was invited to discussions on joining in cartel activity (which is illegal) and attended them, but refused to engage in the cartel, has been fined by the Competition and Markets Authority (CMA).

Commercial Court Imposes Prison Sentences On Directors

Posted: Tuesday, October 3, 2017 - 3:10:33 PM

The Commercial Court does not take defiance of its orders lightly and has a panoply of powers to enforce obedience. In one case that proved the point, the Court ordered sequestration of an overseas company's assets and imposed prison sentences on five members of its senior management.

Mutual Will Voids Thirteen Later Wills

Posted: Tuesday, October 3, 2017 - 3:07:16 PM

Although a worryingly high proportion of the population never make a will, a fairly large number of those who do make more than one. It is sensible to make a new will or add codicils to an existing will if your circumstances change significantly. However, some people do take the process to extremes, as is evidenced by a case involving the estate of a woman who made 13 different wills between 2004 and 2014.

Power Of Attorney Fees Fall

Posted: Tuesday, October 3, 2017 - 3:04:49 PM

With the recent furore over the Government's proposed increase in the cost of obtaining probate on larger estates, it is nice to see that the direction of change in costs charged by the state is not inexorably upward.

Thinking Of Giving Your Home Away?

Posted: Tuesday, October 3, 2017 - 2:59:51 PM

For most people their biggest single asset is their home and many homeowners think about giving it away late in life in order to avoid either the Inheritance Tax (IHT) liability on the property or its value being eroded through having to pay for care needs.

Long-Term Partner Entitled To Survivor’s Benefits

Posted: Thursday, September 14, 2017 - 4:58:18 PM

In a decision that could have significant ramifications for pension scheme managers, the Supreme Court has ruled that the long-time partner of a deceased man is entitled to a survivor's allowance from his local government pension scheme, despite not having been nominated to receive the benefit by the deceased.

Gender Pay Gap Reporting

Posted: Thursday, September 14, 2017 - 4:55:56 PM

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 introduce mandatory gender pay gap reporting on an annual basis for private and voluntary sector employers with 250 or more employees.

Court Upholds Pre-Nuptual Agreement

Posted: Thursday, September 14, 2017 - 4:53:41 PM

When the marriage of a wealthy couple broke up, the English court had to consider the impact of two pre-nuptial agreements the couple had made before they wed.

Solicitor Evidence Crucial In Proving Will Valid

Posted: Thursday, September 14, 2017 - 4:48:02 PM

A recent case shows the importance of involving a solicitor in the preparation of a will, especially where it is considered that an attempt to invalidate it on the grounds of lack of mental capacity may be made.

Divorce Settlement Not Final, Rules Court Of Appeal

Posted: Thursday, September 14, 2017 - 4:45:44 PM

A divorcee who made unwise investments and became impecunious after a divorce settlement in 2002 has gone back to court to obtain an increase in the monthly payments from her ex-husband and an extension to ensure that she will continue to receive the payments until the end of her life.

Giving Up Your Career To Get Married? Think Twice!

Posted: Thursday, September 14, 2017 - 4:43:45 PM

Aperson who voluntarily prioritises their marriage over their working life may not be entitled to compensation for the earnings foregone if their relationship ends in divorce. The Court of Appeal made that point in ruling on the case of a former headteacher who abandoned her career when she married a doctor who was 16 years older than her.

High Court Blocks 'Super-Basement' Extension Plans

Posted: Thursday, September 14, 2017 - 4:41:31 PM

Basement extensions are increasingly popular, particularly in areas where property prices are high, but are not always looked upon favourably by neighbours. In one case, an objector obtained legal advice and succeeded in blocking plans for a three-storey 'super-basement' in a listed Central London home.

Court Rejects Will In A Crisp Packet

Posted: Thursday, September 14, 2017 - 4:31:47 PM

Unfulfilled hopes of substantial inheritance are commonplace, both in fact and fiction, but not often do they lead to such ham-fisted attempts at forgery as that shown by a disappointed widow after her husband left her just £25,000 of his £600,000 estate.

AIRBNB short term property rentals

Posted: Wednesday, April 12, 2017 - 10:52:10 AM

The rise and rise of Airbnb and similar online community marketplaces that allow property owners to rent out their properties on short-term lets has led to many people making use of the facility to earn extra income, or even to operate as commercial providers of accommodation, using the Internet as their main marketing tool.

Will your property be an IHT trap?

Posted: Wednesday, April 12, 2017 - 10:49:45 AM

Data published recently show that the new £100,000 additional 'private residence' exemption for Inheritance Tax (IHT), which is due to be introduced in April 2017 and will increase thereafter, could not come soon enough for many people.

Jail threat for man who failed to cooperate in divorce

Posted: Wednesday, April 12, 2017 - 10:47:49 AM

A recent case shows that refusing entirely to engage in the court process is not a viable option in divorce proceedings.

Non-working daughter loses claim for financial provision

Posted: Wednesday, April 12, 2017 - 10:45:48 AM

Claims by disappointed children seeking a share, or a larger share, of a parental estate are on the rise, with the latest figures published showing a year-on-year increase of more than 10 per cent in such claims.

Charitable principle not enough

Posted: Wednesday, April 12, 2017 - 10:42:44 AM

It seems trite to say that the law is what the law is, but in cases where a decision is reached that is correct under the law but which seems unfair, or not in accordance with an underlying principle, it will nevertheless stand.

Tycoon must share £130 million fortune with ex-wife

Posted: Wednesday, April 12, 2017 - 10:39:53 AM

Those who fail to cooperate in divorce proceedings may get
away with it for a while, but they will ultimately be made to
pay for their recalcitrance. In one case, an international business
tycoon who dragged his feet was ordered to hand over almost half of
his £130 million fortune to his ex-wife.

Employer not liable for post party Christmas assault

Posted: Wednesday, April 12, 2017 - 10:28:46 AM

Employers can be found vicariously liable for the actions of their
staff, but only if these occur in the course of their employment.
Whilst an employer can, in some circumstances, be held legally
responsible for an injury to a worker sustained during an office
function, the High Court has ruled that a recruitment company was
not liable for serious injuries inflicted by one member of staff on
another some hours after a planned Christmas event had finished (Bellman v Northampton Recruitment Limited).

Urgent warning about Government’s ‘risky’ online legal tool for creating Lasting Power of Attorneys

Posted: Monday, December 5, 2016 - 10:31:46 AM

A new report and press release outlines the results of a study into the risks and hidden costs of DIY Lasting Powers of Attorneys, as opposed to choosing a specialist solicitor.

The LPA online tool is potentially leaving people at risk of financial abuse and fraud.
A coalition of organisations including Solicitors for the Elderly (SFE), Action on Elder Abuse, Anchor, Contact the Elderly and SOLLA are backing new report

SDLT clarification sought on mixed-use properties

Posted: Monday, December 5, 2016 - 10:23:42 AM

Owners of mixed-use properties will know that the Stamp Duty Land Tax charged on commercial properties is not the same as that charged on residential properties.

There is also considerable confusion over the definitions used in different parts of statute law as to what 'commercial' as opposed to 'residential' property is and over details relating to completion and occupation of buildings, planning status and the treatment of land associated with buildings.

Subjected to groundless litigation? You could win compensation

Posted: Monday, December 5, 2016 - 10:18:33 AM

A ground-breaking Supreme Court decision has for the first time opened the way for compensation claims by those who are subjected to groundless civil proceedings which have been brought maliciously without reasonable or probable cause.

The case concerned a businessman who was sued by a leisure company for alleged breach of fiduciary and contractual duties following his dismissal as a director. The claim was later withdrawn and the businessman contended that the proceedings had been part of a campaign by a former colleague to do him harm. He launched a claim for malicious prosecution but his case was struck out by the High Court.

Staff handbook created enforceable employment rights

Posted: Monday, December 5, 2016 - 10:14:49 AM

It is not uncommon for employees' contracts of employment to expressly incorporate the staff handbook, although much of its contents will refer to policy matters rather than having contractual status.

In an important decision for public sector workers (Department for Transport v Sparks and Others), the Court of Appeal has ruled that a clause in a staff handbook, relating to the policy of the Department for Transport (DfT) in respect of absences on sick leave, formed part of its employees' contracts.

Divorcee who refused to leave matrimonial home punished

Posted: Monday, December 5, 2016 - 10:08:08 AM

Judges possess a battery of powers to enforce compliance to Court orders. In one case, a divorcee who barricaded himself into his former matrimonial home in order to prevent its enforced sale was given ten days to move out – or go to prison.

The sale of the £500,000 farmhouse had been ordered so that the proceeds could be divided between husband and wife as part of their £6 million divorce. However, over a prolonged period, the husband had refused to leave and was said to have surrounded the property with barbed wire.

My home is my pension

Posted: Monday, December 5, 2016 - 9:53:59 AM

Returns on private sector pensions have been in the doldrums for a long time, and with interest rates (on which annuity rates depend) firmly stuck at historically low levels, an increasing number of people are unable to rely on their pension savings to secure their post-retirement lifestyle.

However, for property owners, continuing increases in house prices over time, plus low mortgage rates, have meant that many have steadily built up equity in their homes.

Gift giving - guidance for attorneys and deputies

Posted: Friday, December 2, 2016 - 5:29:06 PM

When a person can no longer manage their own financial affairs, these will be managed either by their attorney (if a power of attorney has been made) or by their deputy if an application has been made via the Court of Protection in the absence of a power of attorney.

Once the appointment of attorney or deputy has been made, their responsibility is to act in the best interests of the person whose finances are being managed.

Need overcomes equality claim in divorce settlement

Posted: Friday, December 2, 2016 - 5:22:49 PM

With new guidance having been issued regarding the interpretation of 'need' for the purpose of financial settlements on divorce, a recent case shows how the courts have been moving away from a rigid adherence to the principle of 'equality' in the division of assets.

It involved a wealthy couple who had in excess of £10 million in assets when they commenced divorce proceedings 14 years after they married. The ex-husband argued that his former wife's claim for a half share of

Moving in with your partner? Take advice first

Posted: Friday, December 2, 2016 - 5:19:25 PM

ntering into informal property transactions without the benefit of legal advice is a recipe for disaster, as a young man found out when his relationship with his girlfriend ended acrimoniously and she insisted that he had no interest in the house that they had shared.

No tax deduction means tax return

Posted: Wednesday, August 17, 2016 - 4:53:40 PM

As a result of the introduction of the new 'Personal Savings not need to before. HM Revenue and Customs (HMRC) have advised Allowance', from 6 April 2016 some forms of interest income no longer have tax deducted at source. In future, banks, building societies and National Savings and Investments will no longer deduct tax from the interest payments they make.

Bank director - age discrimination ruling

Posted: Wednesday, August 17, 2016 - 4:48:36 PM

Redundancy is a potentially fair reason for dismissal, but it may be found to be unfair – for example if a particular employee is unfairly selected for redundancy. Conversely, where voluntary redundancy is on offer, employers must take care not to exclude someone for reasons that are discriminatory.

Who decides the funeral arrangements?

Posted: Wednesday, August 17, 2016 - 4:44:49 PM

After a death in the family, tensions can often run high and it is not unusual for families to fall out over seemingly small details if the opportunity presents itself.

Help to buy aids 150,000 young buyers

Posted: Wednesday, August 17, 2016 - 4:41:17 PM

The Government has released statistics which show that more than 150,000 properties have been sold to buyers who have made use of the 'Help to Buy' mortgage guarantee and equity loan schemes.

Bank of Mum & Dad lending issues

Posted: Wednesday, August 17, 2016 - 4:31:55 PM

A recent report that the 'bank of Mum and Dad' is one of the leading sources of finance for house purchases will come as no surprise to many – it is expected that 300,000 mortgage deposits will be provided by parents of property purchasers in 2016. The survey, sponsored by the Centre for Economics and Business Research and Legal & General, revealed that parents now provide finance for a quarter of UK property purchases.

Brexit - some business complications

Posted: Wednesday, August 17, 2016 - 4:25:05 PM

The business press has been awash with 'post-Brexit' predictions of various sorts, but some of the implications requiring the most forward planning have attracted relatively little comment. After the UK Government formally begins the withdrawal process from the EU, there will be lengthy exit negotiations and no changes in the law are anticipated for at least two years. However, businesses will need to plan ahead for the eventuality.

Recalcitrant ex-husband discovers why court orders must be obeyed

Posted: Wednesday, August 17, 2016 - 4:14:03 PM

It is inevitable that those in receipt of court orders often consider them to be unjust – but that is never an excuse for failing to obey them. The High Court made that point in imposing a suspended prison sentence on a recalcitrant divorcee who took it upon himself to reduce his child maintenance payments.

Unfair dismissal - the correct legal test

Posted: Friday, May 6, 2016 - 9:40:06 AM

When a bank employee was dismissed for gross misconduct as a result of his behaviour at an office function, the Employment Tribunal (ET) found that his dismissal was unfair because of the inconsistency of his treatment when compared with that of a colleague who was given a final written warning for his part in the incident. The ET's approach was criticised by the Employment Appeal Tribunal (EAT), however, which overturned the decision on appeal (MBNA Limited v Jones).

Guidance on Zero Hours contracts

Posted: Friday, May 6, 2016 - 9:35:52 AM

The Department for Business, Innovation and Skills has issued guidance explaining what zero hours contracts are and how they should be used.

Shared parental leave announcement

Posted: Friday, May 6, 2016 - 9:31:27 AM

Recognising that many grandparents take on responsibility for part of the care of their grandchildren, the Chancellor has announced that the Shared Parental Leave Regulations 2014 are to be broadened to include working grandparents.

Boundary argument costs teacher £50,000

Posted: Friday, May 6, 2016 - 9:20:23 AM

Boundary disputes can take a long time to resolve and can be ruinously expensive, as a recent case illustrates. It involved a teacher who put up a fence along what she thought was the boundary of her property. Her neighbours did not agree.

Safeguarding vulnerable people

Posted: Wednesday, May 4, 2016 - 12:48:44 PM

With a steady and increasing trickle of cases involving the misappropriation of assets by attorneys appointed by people who have lost the ability to look after their own affairs, the Office of the Public Guardian (OPG) has published a 'safeguarding policy' document designed to assist the prevention of abuse or neglect of vulnerable people.

Separation or divorce advice

Posted: Tuesday, March 15, 2016 - 8:57:31 AM

If you're going through separation or divorce right now, coping with the holidays may have been challenging. Your life is changing anyway, so why not take the opportunity to reinvent it on your terms? This is the perfect time to make some powerful 2016 Resolutions that will put you on the path to happiness and prosperity. Here are ten suggestions for 2016 Resolutions for separated or divorced individuals. Use whichever items apply to your situation, or use it to inspire you to create your own list.

  • We engaged Rose and Rose to recover a bad debt. Their service was excellent and we recovered the full amount plus costs with minimal effort. I have no hesitation in recommending their services and we will certainly use them in the future.
  • Trustworthy and efficient service from this team of friendly and professional solicitors. I would recommend Rose and Rose.
  • Rose and Rose Kingston provided extensive support to me whilst selling my property. We had a number of challenges to overcome but at no point did I feel I did not know what was happening in the process. They are extremely helpful, supportive and explained everything to me in simple terms. In future I will only recommend and use Rose and Rose.
  • We have recommended the services of Rose and Rose many times to either our clients selling properties or their buyers. Every time we have a transaction where they are involved it gives us great reassurance that the deal will be done efficiently, that updates are always available and that the parties involved have a clear understanding of the transaction. Those that we have referred to Rose and Rose have always been extremely happy with the service and have achieved the right end result.
  • Rose and Rose are now officially my favourite and most helpful solicitor.
  • Rose and Rose were exceptional to deal with. Instructed by a buyer of ours they were nothing but helpful and pleasant throughout the transaction, always at the end of the telephone if needed, and as a result of their obvious expertise the sale went through effortlessly. I can highly recommend them.
  • Both my sister and I used Rose and Rose for our conveyancing. We were extremely happy with the service provided, it was professional, friendly and expedient. I would definitely use Rose and Rose in the future.
  • Rose and Rose provided an excellent service when it came to selling our property and buying another. We were able to contact them when needed and we found them approachable and efficient. We would have no hesitation in recommending this solicitor.
  • I have no hesitation in recommending Rose and Rose who acted for me in the sale and purchase of my home.
  • Rose and Rose are the best solicitors that I have dealt with, and the only one I will be dealing with from now on. The professional approach and service they offer is second to none. Their ability to always keep you informed with what is going on has been extremely helpful and given me peace of mind.
  • Rose and Rose recently handled the conveyancing for the sale of our property and we were extremely impressed with the level of service we received. The overall process was quick and efficient. Although these matters can be extremely stressful the staff involved were friendly, thoughtful and approachable yet totally professional throughout. This in effect enabled the sale to proceed relatively smoothly. I would therefore not hesitate to employ the services of Rose and Rose in the future. Robert P
  • Rose and Rose have helped me with conveyancing but also with my divorce and not only have they done a good job, they have ensured my costs have been contained as much as possible. They offer an exceptionally good service and explain the law in plain English, they are very friendly and easy to deal with.
  • Great, helpful advice and support from people who understand what you want and deliver in a straightforward manner in plain English. I highly recommend Rose and Rose Solicitors in Kingston.
  • I have used Rose and Rose Solicitors on a number of occasions and have always found them to be extremely friendly and helpful. They always provide excellent advice and do so in a cost effective manner whilst maintaining an extremely personal service and they really seem to care about you. I would have no problem in recommending their services to any of my friends, family and clients.
  • Rose & Rose Solicitors have a surprisingly refreshing approach to the Law. Whilst obviously highly committed and professional they are relaxed, friendly and approachable making all your dealings with them, in often very difficult circumstances, as stress free as possible. Highly recommend. Rose & Rose is a well rounded solicitors' firm, they have managed to help us through our business legal requirements with their fast, reliable and cost effective service. They have met our demand and need every time. Rose & Rose in Kingston successfully assisted my girlfriend's business in clawing back a large chunk of bad debt that a company were refusing to pay. I was so impressed with the simplicity and ease in which they dealt with the situation that I will use Rose & Rose Solicitors to represent all my own company's legal requirements including employment contracts, conveyancing, dispute resolution, etc. Rose and Rose provide their considerable expertise in a relaxed, friendly and unstuffy way. They have assisted my company and my clients and I would not hesitate to recommend them.
  • We have been involved in a number of sales where Rose and Rose have represented either the buyer or seller and on every occasion they have been a pleasure to deal with. The team make themselves very available and always respond to messages and emails quickly and always seem to be in command of a situation. This is so important to us as we need to keep our customers up to speed at all times. We aspire to delivering excellent service to our customers and they certainly help a great deal in this respect. Our customers who have used Rose and Rose have all been complimentary about the service they have received and how easy everyone there is to deal with.