Latest News from Warners Solicitors http://www.warners-solicitors.co.uk/ Copyright 2010 Warners Solicitors Latest News All rights reserved Elderly people can become suggestible and it is, regrettably, not uncommon for avaricious people to attempt to influence them for personal gain. In a recent case in point, an elderly and wheelchair-bound lady altered her will a few... http://www.warners-solicitors.co.uk/news-article.html?id=170 http://www.warners-solicitors.co.uk/news-article.html?id=170 Fri, 11 Dec 2009 00:00:00 +0000 When company cash flow is tight, a director may decide to waive salary in order to help ease the cash position. However, care needs to be exercised as unless the waiver is done correctly, the PAYE on the salary waived (which, together with the related National... http://www.warners-solicitors.co.uk/news-article.html?id=163 http://www.warners-solicitors.co.uk/news-article.html?id=163 Mon, 14 Dec 2009 00:00:00 +0000 Ownership of land is often fettered with obligations and, in some circumstances, the obligation can be to permit someone else to extract something from the land. In legal terminology, this is called a profit-à-prendre and one of the most common of... http://www.warners-solicitors.co.uk/news-article.html?id=169 http://www.warners-solicitors.co.uk/news-article.html?id=169 Mon, 14 Dec 2009 00:00:00 +0000 As the Christmas office party season gets into full swing, for many this is a time to eat drink and be merry. However for employers it is a sobering thought that recent research puts the cost to British firms of over indulgence in the festive season at around £100 million... http://www.warners-solicitors.co.uk/news-article.html?id=153 http://www.warners-solicitors.co.uk/news-article.html?id=153 Tue, 15 Dec 2009 00:00:00 +0000 It is rare to see a petition under the Companies Act regarding the payment of excessive remuneration to a director, but the Scottish Outer House of the Court of Session had to deal with just such a case earlier this year... http://www.warners-solicitors.co.uk/news-article.html?id=162 http://www.warners-solicitors.co.uk/news-article.html?id=162 Tue, 15 Dec 2009 00:00:00 +0000 You may think that after an estate has been probated and the assets have passed to the surviving spouse or civil partner, that is the end of the matter and the paperwork (including the will) can be consigned to the shredder after a suitable period of time... http://www.warners-solicitors.co.uk/news-article.html?id=168 http://www.warners-solicitors.co.uk/news-article.html?id=168 Wed, 16 Dec 2009 00:00:00 +0000 The Pensions Act 2008 contains provisions which will make it compulsory (from 2012) for an employer to enrol qualifying workers aged between 22 and the state pension age who earn more than a de minimus amount (currently set at £5,035 per annum)... http://www.warners-solicitors.co.uk/news-article.html?id=161 http://www.warners-solicitors.co.uk/news-article.html?id=161 Thu, 17 Dec 2009 00:00:00 +0000 The children of celebrities have the same right to anonymity in court proceedings as any other children, following a ruling of the High Court. The press have only been allowed into the family courts since April 2009 and can be excluded... http://www.warners-solicitors.co.uk/news-article.html?id=167 http://www.warners-solicitors.co.uk/news-article.html?id=167 Fri, 18 Dec 2009 00:00:00 +0000 Landlords seeking to recover service charges in circumstances which require that a notice be served on the tenants should make sure they serve the relevant notice correctly! In a recent case, a landlord had to do works on a building and sought to recover... http://www.warners-solicitors.co.uk/news-article.html?id=160 http://www.warners-solicitors.co.uk/news-article.html?id=160 Mon, 21 Dec 2009 00:00:00 +0000 An appearance in the criminal court may await a property owner who tried to be too clever with his local planning department. The property owner submitted a planning application to build a barn to store hay. This was granted on the... http://www.warners-solicitors.co.uk/news-article.html?id=166 http://www.warners-solicitors.co.uk/news-article.html?id=166 Thu, 24 Dec 2009 00:00:00 +0000 No one likes to pay tax unnecessarily and Inheritance Tax (IHT) can be especially problematic, as it must often be paid ‘up front’ when administering an estate. It is quite common for people to decide to mitigate the effects... http://www.warners-solicitors.co.uk/news-article.html?id=165 http://www.warners-solicitors.co.uk/news-article.html?id=165 Mon, 28 Dec 2009 00:00:00 +0000 Employment disputes often arise because an employer does not consider that an employee’s condition is one that qualifies them for protection under the Disability Discrimination Act 1995 (DDA). It is therefore important that the definition of disability contained in the DDA... http://www.warners-solicitors.co.uk/news-article.html?id=159 http://www.warners-solicitors.co.uk/news-article.html?id=159 Tue, 29 Dec 2009 00:00:00 +0000 A tax case involving a husband and wife who paid themselves millions of pounds in dividends from 42 insolvent companies without making the necessary provisions for corporation tax has recently been heard by the Court of Appeal... http://www.warners-solicitors.co.uk/news-article.html?id=158 http://www.warners-solicitors.co.uk/news-article.html?id=158 Sat, 02 Jan 2010 00:00:00 +0000 With times being tough, unexpected traps in agreements are coming to light with greater regularity. A recent landlord and tenant case shows the sort of thing that can happen if insufficient attention is paid in negotiation to clauses that might... http://www.warners-solicitors.co.uk/news-article.html?id=157 http://www.warners-solicitors.co.uk/news-article.html?id=157 Tue, 05 Jan 2010 00:00:00 +0000 The division of the estate of a man who had a ‘senior moment’ when providing information for his will had to be sorted out in court recently. When Leslie Fawdon drafted his will, he left half of his estate to his nephew... http://www.warners-solicitors.co.uk/news-article.html?id=164 http://www.warners-solicitors.co.uk/news-article.html?id=164 Wed, 06 Jan 2010 00:00:00 +0000 The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 introduced the concept of a transfer of undertakings by way of a service provision change. This was intended to deal with practical difficulties created, in a wide variety... http://www.warners-solicitors.co.uk/news-article.html?id=156 http://www.warners-solicitors.co.uk/news-article.html?id=156 Thu, 07 Jan 2010 00:00:00 +0000 Dubious business practice will always exist but normally becomes more prevalent and is more often uncovered in times when business is tough. A director who discovers dubious business practices within his company can find himself in a difficult situation... http://www.warners-solicitors.co.uk/news-article.html?id=155 http://www.warners-solicitors.co.uk/news-article.html?id=155 Sat, 09 Jan 2010 00:00:00 +0000 The Employment Rights (Revision of Limits) Order 2009, which details the annual inflation-linked changes in limits on the compensation amounts which can be awarded by employment tribunals, was made on 10 December 2009 and applies where the appropriate date... http://www.warners-solicitors.co.uk/news-article.html?id=181 http://www.warners-solicitors.co.uk/news-article.html?id=181 Mon, 11 Jan 2010 00:00:00 +0000 HM Revenue and Customs (HMRC) recently won a significant victory in a tax case when the court ruled that tax advice given by an accounting firm to its client is not privileged. In other words, HMRC can force accountants to divulge advice given to their... http://www.warners-solicitors.co.uk/news-article.html?id=180 http://www.warners-solicitors.co.uk/news-article.html?id=180 Tue, 12 Jan 2010 00:00:00 +0000 In a recent case, a man who was banned from entering the village in which he had previously lived, after successive acts of anti-social behaviour, has lost his appeal against the imposition of an anti-social behaviour injunction (ASBI)... http://www.warners-solicitors.co.uk/news-article.html?id=187 http://www.warners-solicitors.co.uk/news-article.html?id=187 Wed, 13 Jan 2010 00:00:00 +0000 Since the Forced Marriage (Civil Protection) Act came into force on 25 November 2008, a Forced Marriage Protection Order (FMPO) has been issued in 86 cases. This compares with a predicted total for the first year of 50. FMPOs were... http://www.warners-solicitors.co.uk/news-article.html?id=186 http://www.warners-solicitors.co.uk/news-article.html?id=186 Thu, 14 Jan 2010 00:00:00 +0000 Looking after your children may well cost you annual leave. Heavy snow and ice are causing problems on the roads, railways and at airports, as hundreds of schools close. So what are your rights if you couldn't get into work or if you are an employer and your staff couldn't make it in? http://www.warners-solicitors.co.uk/news-article.html?id=188 http://www.warners-solicitors.co.uk/news-article.html?id=188 Fri, 15 Jan 2010 00:00:00 +0000 A recent case shows how important the wording of a planning consent is. It concerned a quarrying company which was engaged in the extraction of limestone from a quarry in the Peak District. There was opposition to the quarrying which led... http://www.warners-solicitors.co.uk/news-article.html?id=179 http://www.warners-solicitors.co.uk/news-article.html?id=179 Mon, 18 Jan 2010 00:00:00 +0000 The Government's new Green Paper sets out a wide range of measures to support all families as they bring up their children and to help families cope with times of stress and difficulty. The proposals recognise that while all families need some help, there are families in our society with... http://www.warners-solicitors.co.uk/news-article.html?id=189 http://www.warners-solicitors.co.uk/news-article.html?id=189 Wed, 20 Jan 2010 00:00:00 +0000 After a bruising legal battle, which has cost more than £1.3 million in fees, a Yorkshire doctor has won the right to inherit her late parents’ farm, which is valued at £2.3 million. In 1993, Dr Christine Gill’s... http://www.warners-solicitors.co.uk/news-article.html?id=185 http://www.warners-solicitors.co.uk/news-article.html?id=185 Thu, 21 Jan 2010 00:00:00 +0000 A serious breach of an implied contractual term or the ‘final straw’ in a series of less serious actions which cumulatively undermine an employee’s trust and confidence in his or her employer will amount to a repudiatory breach of the... http://www.warners-solicitors.co.uk/news-article.html?id=178 http://www.warners-solicitors.co.uk/news-article.html?id=178 Fri, 22 Jan 2010 00:00:00 +0000 The Advocate General has recently given his opinion that the use of a competitor’s trade mark as a ‘key word’, in order to trigger the appearance of one’s own advertisement when an Internet search is carried out, is not an... http://www.warners-solicitors.co.uk/news-article.html?id=177 http://www.warners-solicitors.co.uk/news-article.html?id=177 Mon, 25 Jan 2010 00:00:00 +0000 A woman who owed a credit card company more than £8,000 has been excused from repaying her debt after a court ruled that the ‘secret’ commission paid to the credit card company by the company providing the payment protection insurance... http://www.warners-solicitors.co.uk/news-article.html?id=184 http://www.warners-solicitors.co.uk/news-article.html?id=184 Wed, 27 Jan 2010 00:00:00 +0000 Under the Landlord and Tenant Act 1954 (LTA), a tenant normally has the right to renewal of a lease on commercial premises unless the landlord requires occupation of the premises for its own purposes, which may include the purpose of redeveloping the site... http://www.warners-solicitors.co.uk/news-article.html?id=176 http://www.warners-solicitors.co.uk/news-article.html?id=176 Wed, 27 Jan 2010 00:00:00 +0000 The publicity surrounding the imposition of a fine of £5,000 on Baroness Scotland, the Attorney General, for a breach of immigration law is a reminder to employers of the need to have systems in place to demonstrate compliance with the laws preventing... http://www.warners-solicitors.co.uk/news-article.html?id=175 http://www.warners-solicitors.co.uk/news-article.html?id=175 Thu, 28 Jan 2010 00:00:00 +0000 In this article Mike Wiggins from Orchard Wealth Cultivation looks at the potential forthcoming tax increases and outlines some of the simple, advanced and high risk strategies that may help to lessen the impact of those tax increases... http://www.warners-solicitors.co.uk/news-article.html?id=198 http://www.warners-solicitors.co.uk/news-article.html?id=198 Fri, 29 Jan 2010 00:00:00 +0000 http://www.warners-solicitors.co.uk/news-article.html?id=195 http://www.warners-solicitors.co.uk/news-article.html?id=195 Mon, 01 Feb 2010 00:00:00 +0000 Increasingly, we find Warners clients are looking to invest in businesses and property abroad. As a result, clients need reliable, proactive advice from lawyers and tax advisors who are qualified to advice in different jurisdictions... http://www.warners-solicitors.co.uk/news-article.html?id=192 http://www.warners-solicitors.co.uk/news-article.html?id=192 Mon, 01 Feb 2010 00:00:00 +0000 The government is introducing some changes to employment law this year, they include changes to sick notes and paternity leave... http://www.warners-solicitors.co.uk/news-article.html?id=191 http://www.warners-solicitors.co.uk/news-article.html?id=191 Mon, 01 Feb 2010 00:00:00 +0000 Despite the current climate, all businesses need premises from which to trade or operate whether those businesses need offices, industrial units, shops or restaurants. Often premises will be taken by lease rather than purchase... http://www.warners-solicitors.co.uk/news-article.html?id=194 http://www.warners-solicitors.co.uk/news-article.html?id=194 Mon, 01 Feb 2010 00:00:00 +0000 The Office of the Public Guardian has responded to criticisms of its overly complex forms for creating a Lasting Power of Attorney (LPA) by issuing new and simplified forms. An LPA allows a person to give a friend, relative or trusted... http://www.warners-solicitors.co.uk/news-article.html?id=183 http://www.warners-solicitors.co.uk/news-article.html?id=183 Tue, 02 Feb 2010 00:00:00 +0000 The Government has accepted in full the recommendations of the Migration Advisory Committee (MAC) for a revised shortage occupation list for Tier 2 of the points-based system of immigration. The new list applies to all certificates of sponsorship assigned on... http://www.warners-solicitors.co.uk/news-article.html?id=174 http://www.warners-solicitors.co.uk/news-article.html?id=174 Thu, 04 Feb 2010 00:00:00 +0000 Insurers often try to give themselves ‘wiggle room’ to contest claims, which is one reason why they put so many questions in proposal forms. Over the years, the courts have established that where such a question is ambiguous, the legal... http://www.warners-solicitors.co.uk/news-article.html?id=173 http://www.warners-solicitors.co.uk/news-article.html?id=173 Mon, 08 Feb 2010 00:00:00 +0000 Lending for residential property purchases has increased significantly in recent months – the July figure of £16 billion showing a 26 per cent rise over June. August and September have both shown gross mortgage lending of about £12.5... http://www.warners-solicitors.co.uk/news-article.html?id=182 http://www.warners-solicitors.co.uk/news-article.html?id=182 Tue, 09 Feb 2010 00:00:00 +0000 New guidance giving practical advice to businesses and employees on preventing workplace harassment and violence has been published following European level agreement between employer and trade union organisations on the necessity of raising awareness of... http://www.warners-solicitors.co.uk/news-article.html?id=172 http://www.warners-solicitors.co.uk/news-article.html?id=172 Wed, 10 Feb 2010 00:00:00 +0000 A recent case illustrates how complex building disputes can become when there are changes ‘on the fly’ to the work being carried out and the related paperwork does not keep pace. In the case in point, a contractor’s... http://www.warners-solicitors.co.uk/news-article.html?id=216 http://www.warners-solicitors.co.uk/news-article.html?id=216 Fri, 12 Feb 2010 00:00:00 +0000 When dividing family assets on separation or divorce, judges sometimes make some surprising decisions. Where these are erroneous or unfair, they can be overturned. In a recent case, a judge ruled that in order to achieve a ‘clean... http://www.warners-solicitors.co.uk/news-article.html?id=208 http://www.warners-solicitors.co.uk/news-article.html?id=208 Fri, 12 Feb 2010 00:00:00 +0000 The trial of an unqualified will writer took place in Bristol recently when a 45- year-old man was charged with the theft of £800,000 from a succession of elderly clients. The man had duped childless elderly people into inserting... http://www.warners-solicitors.co.uk/news-article.html?id=207 http://www.warners-solicitors.co.uk/news-article.html?id=207 Mon, 15 Feb 2010 00:00:00 +0000 There has been confusion about some of the changes in company law brought in by the Companies Act 2006, which was fully implemented on 1 October 2009. One of the more beneficial changes for companies wishing to reorganise their share capital (perhaps... http://www.warners-solicitors.co.uk/news-article.html?id=215 http://www.warners-solicitors.co.uk/news-article.html?id=215 Tue, 16 Feb 2010 00:00:00 +0000 It is widely thought that once a conviction is ‘spent’, it is erased from ‘the system’ and simply ceases to exist. Regrettably for those who may have a youthful indiscretion or two on their record, this is not so, as is illustrated by... http://www.warners-solicitors.co.uk/news-article.html?id=206 http://www.warners-solicitors.co.uk/news-article.html?id=206 Wed, 17 Feb 2010 00:00:00 +0000 The EU Working Time Directive lays down minimum health and safety requirements for the organisation of working time. The purpose of the entitlement to paid annual leave is to enable a worker to rest and to enjoy a period of relaxation and leisure. The... http://www.warners-solicitors.co.uk/news-article.html?id=214 http://www.warners-solicitors.co.uk/news-article.html?id=214 Fri, 19 Feb 2010 00:00:00 +0000 Owners of properties used for furnished holiday lettings (FHLs) are reminded that the tax regime relating to these is set to change significantly (for the worse) next April. Under the current tax regime, such businesses have advantages for both Income Tax... http://www.warners-solicitors.co.uk/news-article.html?id=205 http://www.warners-solicitors.co.uk/news-article.html?id=205 Tue, 23 Feb 2010 00:00:00 +0000 Family break-up is always complicated and when there is a property involved, things can get very complex indeed. In principle, when a couple are cohabiting (not married or in a civil partnership) the property belongs as of right to... http://www.warners-solicitors.co.uk/news-article.html?id=204 http://www.warners-solicitors.co.uk/news-article.html?id=204 Wed, 24 Feb 2010 00:00:00 +0000 If a landlord has concealed or misrepresented facts, it can be ordered to pay a departing commercial tenant compensation for any damages or loss sustained by the tenant that arise as a result of having to quit the premises. The... http://www.warners-solicitors.co.uk/news-article.html?id=213 http://www.warners-solicitors.co.uk/news-article.html?id=213 Wed, 24 Feb 2010 00:00:00 +0000 The parents of an independent school pupil have lost their appeal against a judge’s decision to dismiss their claim that their son’s expulsion from the school amounted to a breach of contract and warranted injunctive relief and the payment of... http://www.warners-solicitors.co.uk/news-article.html?id=203 http://www.warners-solicitors.co.uk/news-article.html?id=203 Fri, 26 Feb 2010 00:00:00 +0000 With many companies suffering from the effects of the recession, business owners looking for an exit are thick on the ground. One problem those in this situation face is that if their business is in a fairly weak financial position, it is difficult to take a... http://www.warners-solicitors.co.uk/news-article.html?id=212 http://www.warners-solicitors.co.uk/news-article.html?id=212 Tue, 02 Mar 2010 00:00:00 +0000 Under the Children Act 1989, a court may only make a care order or a supervision order if it is satisfied that the child concerned is suffering, or is likely to suffer, significant harm. In a recent case, the Court of Appeal overturned... http://www.warners-solicitors.co.uk/news-article.html?id=202 http://www.warners-solicitors.co.uk/news-article.html?id=202 Wed, 03 Mar 2010 00:00:00 +0000 Getting your tax right can sometimes be complex and it is often the case that when HM Revenue and Customs (HMRC) investigate a taxpayer, they find that there are irregularities. When these result in an underpayment of tax, HMRC will normally levy interest... http://www.warners-solicitors.co.uk/news-article.html?id=201 http://www.warners-solicitors.co.uk/news-article.html?id=201 Thu, 04 Mar 2010 00:00:00 +0000 If you enter into a business contract in good faith and it subsequently transpires that the contract was incorrectly authorised or otherwise invalid from the perspective of the other party’s internal regulations, where do you stand?... http://www.warners-solicitors.co.uk/news-article.html?id=211 http://www.warners-solicitors.co.uk/news-article.html?id=211 Thu, 04 Mar 2010 00:00:00 +0000 The Employment Appeal Tribunal (EAT) has handed down a far-reaching judgment in the long-running case of Coleman v Attridge Law, which concerns the interpretation of the EU Equal Treatment Framework Directive and its impact on disability legislation in the... http://www.warners-solicitors.co.uk/news-article.html?id=210 http://www.warners-solicitors.co.uk/news-article.html?id=210 Fri, 05 Mar 2010 00:00:00 +0000 It is a cardinal rule in court proceedings in the UK that both parties to a disagreement must have a fair chance to state their side of the argument. This is particularly important in family cases, which are often complex and invariably emotionally charged... http://www.warners-solicitors.co.uk/news-article.html?id=200 http://www.warners-solicitors.co.uk/news-article.html?id=200 Tue, 09 Mar 2010 00:00:00 +0000 Following an evaluation of the impact of the Licensing Act 2003, the Department for Culture, Media and Sport announced earlier this year that it would be introducing a card alert scheme designed to give licensing authorities which choose to adopt it a new... http://www.warners-solicitors.co.uk/news-article.html?id=209 http://www.warners-solicitors.co.uk/news-article.html?id=209 Wed, 10 Mar 2010 00:00:00 +0000 If you die without a Will in place then everything you leave will be divided according to the fixed rules of intestacy. This can have some unexpected consequences. For example, without a Will your surviving spouse (which definition includes... http://www.warners-solicitors.co.uk/news-article.html?id=236 http://www.warners-solicitors.co.uk/news-article.html?id=236 Fri, 26 Mar 2010 00:00:00 +0000 Sometimes technology arrives and you can’t help but ask why? It can take a while before it can be harnessed in a useful productive fashion, now we have an application that should delight our customers and it brings our motto alive, it is our new online service... http://www.warners-solicitors.co.uk/news-article.html?id=238 http://www.warners-solicitors.co.uk/news-article.html?id=238 Fri, 26 Mar 2010 00:00:00 +0000 Social networking sites have continued to grow in popularity. Facebook now boasts more than 100 million users who can keep in touch with friends and family by simply logging onto the web. However, few would consider that their Facebook account... http://www.warners-solicitors.co.uk/news-article.html?id=237 http://www.warners-solicitors.co.uk/news-article.html?id=237 Fri, 26 Mar 2010 00:00:00 +0000 2009 was a good year for many home buyers. VAT was lowered to 15% and the Government increased the Stamp Duty Land Tax thresholds so that if you purchased a property for under £175,000, you did not have to pay any duty... http://www.warners-solicitors.co.uk/news-article.html?id=233 http://www.warners-solicitors.co.uk/news-article.html?id=233 Fri, 26 Mar 2010 00:00:00 +0000 Although we all know that it is sensible to take any newly-announced Government initiatives with a pinch of salt, when HM Revenue and Customs (HMRC) make it known that they are giving certain areas special attention, it is worth taking notice.... http://www.warners-solicitors.co.uk/news-article.html?id=295 http://www.warners-solicitors.co.uk/news-article.html?id=295 Mon, 12 Apr 2010 00:00:00 +0100 A recent planning case in the Court of Appeal produced what the judge described as a ‘surprising outcome’. Alan Beesley had been granted planning permission by Welwyn Hatfield Council to build a barn on green belt land, for agricultural... http://www.warners-solicitors.co.uk/news-article.html?id=246 http://www.warners-solicitors.co.uk/news-article.html?id=246 Tue, 13 Apr 2010 00:00:00 +0100 The British Retail Consortium (BRC) has been campaigning for the past few years to try to encourage more commercial landlords to accept monthly rental payment arrangements instead of the quarterly payments commonly used.... http://www.warners-solicitors.co.uk/news-article.html?id=279 http://www.warners-solicitors.co.uk/news-article.html?id=279 Wed, 14 Apr 2010 00:00:00 +0100 Achim Beck, a 42-year-old German banker based in London, has had his claim of age discrimination against his former employer, the Canadian Imperial Bank of Commerce (CIBC), upheld by the London South Employment Tribunal (ET).... http://www.warners-solicitors.co.uk/news-article.html?id=278 http://www.warners-solicitors.co.uk/news-article.html?id=278 Thu, 15 Apr 2010 00:00:00 +0100 In a bitter contest involving members of a Norfolk farming family, two brothers have persuaded the court to overturn their late father’s will on the ground that he was mentally incapable when he created it... http://www.warners-solicitors.co.uk/news-article.html?id=244 http://www.warners-solicitors.co.uk/news-article.html?id=244 Mon, 19 Apr 2010 00:00:00 +0100 When people are burdened with debt, they will sometimes resort to underhand tactics to relieve themselves of the consequences. One of the most common strategies is for the debtor to dispose of an asset, which would otherwise be used to pay his or her debts http://www.warners-solicitors.co.uk/news-article.html?id=243 http://www.warners-solicitors.co.uk/news-article.html?id=243 Thu, 22 Apr 2010 00:00:00 +0100 If you are formulating a dress code for employees, it is important not to treat one sex less favourably, if you are to avoid leaving yourself open to claims under the Sex Discrimination Act 1975.... http://www.warners-solicitors.co.uk/news-article.html?id=277 http://www.warners-solicitors.co.uk/news-article.html?id=277 Fri, 23 Apr 2010 00:00:00 +0100 The Government has introduced an amendment to the Crime and Security Bill, currently before Parliament, which is intended to permit local authorities to apply a blanket ban on premises opening for the sale of alcohol between 3am and 6am, by specifying streets or areas, rather than... http://www.warners-solicitors.co.uk/news-article.html?id=241 http://www.warners-solicitors.co.uk/news-article.html?id=241 Thu, 29 Apr 2010 00:00:00 +0100 British Sky Broadcasting Ltd. was less than pleased when problems with the integration of its customer relationship management system led it to cancel its contract with IT firm Electronic Data Systems Ltd. (EDS).... http://www.warners-solicitors.co.uk/news-article.html?id=276 http://www.warners-solicitors.co.uk/news-article.html?id=276 Fri, 30 Apr 2010 00:00:00 +0100 The Government has published guidance for employers on the new right of employees to request time off work for training, which is set to be introduced on 6 April. The right to request time to train was included in the Apprenticeships, Skills, Children and Learning Act.... http://www.warners-solicitors.co.uk/news-article.html?id=275 http://www.warners-solicitors.co.uk/news-article.html?id=275 Tue, 04 May 2010 00:00:00 +0100 Because of numerous problems with trust law (which is based both on common law and the Perpetuities and Accumulations Act 1964), the Government has, after a long consultation process, introduced new legislation in the form of the Perpetuities... http://www.warners-solicitors.co.uk/news-article.html?id=240 http://www.warners-solicitors.co.uk/news-article.html?id=240 Tue, 04 May 2010 00:00:00 +0100 HM Revenue and Customs have updated their car benefit calculator, so you can see what your benefit in kind for having a company car will cost you.... http://www.warners-solicitors.co.uk/news-article.html?id=274 http://www.warners-solicitors.co.uk/news-article.html?id=274 Wed, 05 May 2010 00:00:00 +0100 When someone must cross a piece of someone else’s land to access their own, the land crossed is known as a ‘ransom strip’, because the price which must be paid for the right to cross the land is often heavy. http://www.warners-solicitors.co.uk/news-article.html?id=239 http://www.warners-solicitors.co.uk/news-article.html?id=239 Wed, 05 May 2010 00:00:00 +0100 Karen Cole looks at work place bullying and how employers can take steps to prevent bullying and harassment in their workplace... http://www.warners-solicitors.co.uk/news-article.html?id=248 http://www.warners-solicitors.co.uk/news-article.html?id=248 Thu, 06 May 2010 00:00:00 +0100 A company that was part of a group recently found that it had breached its lease when a corporate reorganisation was carried out. The problem arose because the lease on the company’s premises contained a clause.... http://www.warners-solicitors.co.uk/news-article.html?id=294 http://www.warners-solicitors.co.uk/news-article.html?id=294 Fri, 07 May 2010 00:00:00 +0100 The decision of HM Revenue and Customs (HMRC) to target the wealthy for scrutiny has led to a massive increase in the tax yield from their investigations – said to have increased from £81 million in 2007/8 to £373 million in 2008/9... http://www.warners-solicitors.co.uk/news-article.html?id=261 http://www.warners-solicitors.co.uk/news-article.html?id=261 Tue, 11 May 2010 00:00:00 +0100 In a partnership, the investment capital on which the business is founded is normally supplied (at least in part) by the partners. Their earnings are credited to their individual accounts in the business and the money withdrawn by each is deducted from their individual account.... http://www.warners-solicitors.co.uk/news-article.html?id=272 http://www.warners-solicitors.co.uk/news-article.html?id=272 Wed, 12 May 2010 00:00:00 +0100 Paying expenses for employees is often a problem area and employee expenses are routinely one of the first items looked at by PAYE inspectors, since it is so easy to get the paperwork wrong.... http://www.warners-solicitors.co.uk/news-article.html?id=271 http://www.warners-solicitors.co.uk/news-article.html?id=271 Fri, 14 May 2010 00:00:00 +0100 The RSPCA was unsuccessful recently in its bid to contest a will, pressing ahead to court proceedings with what was described as an ‘extremely weak’ case. The charity, which inherited two thirds of a millionaire’s estate... http://www.warners-solicitors.co.uk/news-article.html?id=260 http://www.warners-solicitors.co.uk/news-article.html?id=260 Fri, 14 May 2010 00:00:00 +0100 John Terry, the Chelsea FC football captain, was recently the focus of press attention following an affair with the ex-partner of his England team mate, Wayne Bridge. Mr Terry sought an injunction preventing the details of the affair being made public... http://www.warners-solicitors.co.uk/news-article.html?id=259 http://www.warners-solicitors.co.uk/news-article.html?id=259 Mon, 17 May 2010 00:00:00 +0100 In November 2008, the UK Border Agency (UKBA) introduced a new system making it compulsory for migrants from outside the European Economic Area and Switzerland to obtain an identity card for foreign nationals (ICFN).... http://www.warners-solicitors.co.uk/news-article.html?id=270 http://www.warners-solicitors.co.uk/news-article.html?id=270 Tue, 18 May 2010 00:00:00 +0100 A recent case concerning a baby boy who had suffered abuse has led the Supreme Court to clarify the role of the courts in child protection cases. The judge in the lower court had concluded that there was a 60 per cent chance... http://www.warners-solicitors.co.uk/news-article.html?id=255 http://www.warners-solicitors.co.uk/news-article.html?id=255 Wed, 19 May 2010 00:00:00 +0100 When a tenant’s lease is governed by the Landlord and Tenant Act 1954, the landlord has limited grounds for refusing to renew the lease. One possible ground is that the landlord wishes to make use of the premises for its own business purposes.... http://www.warners-solicitors.co.uk/news-article.html?id=269 http://www.warners-solicitors.co.uk/news-article.html?id=269 Thu, 20 May 2010 00:00:00 +0100 Possessions and money are not the only issues which can be considered when making a will. Some people choose to donate their body to medical science after death in the hope that it will be of some practical use... http://www.warners-solicitors.co.uk/news-article.html?id=254 http://www.warners-solicitors.co.uk/news-article.html?id=254 Thu, 20 May 2010 00:00:00 +0100 An attempt to register a Community Trade Mark (CTM) failed recently when the EU General Court agreed that the proposed mark (which was not a real word in Spanish) was too similar to an existing Spanish trade mark for a similar product.... http://www.warners-solicitors.co.uk/news-article.html?id=273 http://www.warners-solicitors.co.uk/news-article.html?id=273 Mon, 24 May 2010 00:00:00 +0100 Lord Justice Jackson’s eagerly awaited final report outlining proposed changes to the British system of civil litigation has been published and promises a massive shake-up of the current system, which is considered to impose excessive costs on losers in litigation... http://www.warners-solicitors.co.uk/news-article.html?id=258 http://www.warners-solicitors.co.uk/news-article.html?id=258 Mon, 24 May 2010 00:00:00 +0100 A landowner who allows another person or persons to make use of their land may lose the right to prevent the use if it persists over a long period. Where such use continues for more than 20 years, an ‘easement’ (the right of use over someone else’s property) is created.... http://www.warners-solicitors.co.uk/news-article.html?id=257 http://www.warners-solicitors.co.uk/news-article.html?id=257 Thu, 27 May 2010 00:00:00 +0100 HM Revenue and Customs have issued a new brief covering the common situation in which assets are bought which are used for both business and private use. Traditionally, this could be dealt with either by claiming only the percentage of the input VAT.... http://www.warners-solicitors.co.uk/news-article.html?id=267 http://www.warners-solicitors.co.uk/news-article.html?id=267 Fri, 28 May 2010 00:00:00 +0100 Construction and plant hire companies should be aware that the Health and Safety Executive will require registration of all tower cranes from 6 April.... http://www.warners-solicitors.co.uk/news-article.html?id=266 http://www.warners-solicitors.co.uk/news-article.html?id=266 Mon, 31 May 2010 00:00:00 +0100 Investors who put their money into small companies by buying their shares can normally console themselves with the thought that should the shares become valueless, they can at least claim a loss for Capital Gains Tax (CGT) purposes that is available... http://www.warners-solicitors.co.uk/news-article.html?id=256 http://www.warners-solicitors.co.uk/news-article.html?id=256 Tue, 01 Jun 2010 00:00:00 +0100 HM Revenue and Customs (HMRC) are intent on cracking down on employers who fail to pay workers the National Minimum Wage, particularly those who use migrant labour to undercut competitors... http://www.warners-solicitors.co.uk/news-article.html?id=265 http://www.warners-solicitors.co.uk/news-article.html?id=265 Tue, 01 Jun 2010 00:00:00 +0100 Business Link has produced an excellent factsheet that gives employers practical advice and tips on how to survive the World Cup... http://www.warners-solicitors.co.uk/news-article.html?id=284 http://www.warners-solicitors.co.uk/news-article.html?id=284 Wed, 02 Jun 2010 00:00:00 +0100 Many developers have been faced with the problem of having to persuade buyers who bought ‘off plan’ before the credit crunch struck to complete their purchases in the light of the subsequent decline in property prices... http://www.warners-solicitors.co.uk/news-article.html?id=264 http://www.warners-solicitors.co.uk/news-article.html?id=264 Thu, 03 Jun 2010 00:00:00 +0100 Although a trustee is personally responsible for the actions they take, the law is not so harsh as to prevent a trustee who makes an innocent mistake from rectifying it.... http://www.warners-solicitors.co.uk/news-article.html?id=253 http://www.warners-solicitors.co.uk/news-article.html?id=253 Fri, 04 Jun 2010 00:00:00 +0100 During the recession, HM Revenue and Customs (HMRC) have been willing to make ‘time to pay’ agreements with businesses struggling to meet their tax liabilities as they fall due. However, this should not be taken to mean that HMRC.... http://www.warners-solicitors.co.uk/news-article.html?id=302 http://www.warners-solicitors.co.uk/news-article.html?id=302 Mon, 07 Jun 2010 00:00:00 +0100 A US case has recently been decided which could have interesting implications for suppliers of MP3 players and similar equipment.... http://www.warners-solicitors.co.uk/news-article.html?id=252 http://www.warners-solicitors.co.uk/news-article.html?id=252 Wed, 09 Jun 2010 00:00:00 +0100 The EC Working Time Directive lays down minimum health and safety requirements for the organisation of working time. The purpose of the entitlement to paid annual leave is to enable a worker to rest and to enjoy a period of relaxation and leisure... http://www.warners-solicitors.co.uk/news-article.html?id=262 http://www.warners-solicitors.co.uk/news-article.html?id=262 Thu, 10 Jun 2010 00:00:00 +0100 A man who was ordered to pay his wife £125,000 in maintenance has been successful in obtaining the agreement of the court to recalculate the payment after a private detective produced evidence that his ex-wife had set up house with another man.... http://www.warners-solicitors.co.uk/news-article.html?id=293 http://www.warners-solicitors.co.uk/news-article.html?id=293 Fri, 11 Jun 2010 00:00:00 +0100 A recent case in the Court of Appeal illustrates how disputes can arise between neighbours as a result of ambiguous drafting of legal documents. In this case, the dispute concerned the owners of neighbouring properties that had originally been one parcel of land.... http://www.warners-solicitors.co.uk/news-article.html?id=287 http://www.warners-solicitors.co.uk/news-article.html?id=287 Tue, 15 Jun 2010 00:00:00 +0100 As a general rule, out of court settlements of employment disputes are not legally binding in that they cannot exclude an employee’s right to take the matter concerned to an Employment Tribunal (ET). A formal compromise agreement is one of the few exceptions to this rule.... http://www.warners-solicitors.co.uk/news-article.html?id=291 http://www.warners-solicitors.co.uk/news-article.html?id=291 Wed, 16 Jun 2010 00:00:00 +0100 A sophisticated scam which preyed on expatriates has led to five men being jailed and the Serious Fraud Office seeking to confiscate assets of the fraudsters in order to recoup as much as possible of the £1.93 million taken from the hapless investors.... http://www.warners-solicitors.co.uk/news-article.html?id=303 http://www.warners-solicitors.co.uk/news-article.html?id=303 Thu, 17 Jun 2010 00:00:00 +0100 The risks associated with smoking have been known for half a century and smokers are assumed to accept those risks willingly. However, smokers may not be aware that their habit could reduce the level of damages.... http://www.warners-solicitors.co.uk/news-article.html?id=282 http://www.warners-solicitors.co.uk/news-article.html?id=282 Mon, 21 Jun 2010 00:00:00 +0100 Theft of goods by burglars from a secured cage in a warehouse may seem to be a straightforward matter as far as making an insurance claim goes, but a recent case shows otherwise.... http://www.warners-solicitors.co.uk/news-article.html?id=300 http://www.warners-solicitors.co.uk/news-article.html?id=300 Mon, 21 Jun 2010 00:00:00 +0100 One of the more contentious issues in the administration of estates arises when the deceased had remarried, leaving ‘old’ and ‘new’ families, which often take different views about how the estate should be divided.... http://www.warners-solicitors.co.uk/news-article.html?id=299 http://www.warners-solicitors.co.uk/news-article.html?id=299 Mon, 21 Jun 2010 00:00:00 +0100 Insolvencies have been running at a high rate for some time now, presenting problems for landlords and tenants alike. It should be remembered that the expenses of the administration of an insolvent company rank for payment before debts due to unsecured creditors.... http://www.warners-solicitors.co.uk/news-article.html?id=296 http://www.warners-solicitors.co.uk/news-article.html?id=296 Tue, 22 Jun 2010 00:00:00 +0100 They promised we wouldn’t like it and they were right. Other than freezing Council Tax, there was precious little to cheer in the Budget other than the hope that it may have the desired effect of reducing the yawning deficit in the public finances: time will tell regarding that... http://www.warners-solicitors.co.uk/news-article.html?id=306 http://www.warners-solicitors.co.uk/news-article.html?id=306 Wed, 23 Jun 2010 00:00:00 +0100 The Employment Appeal Tribunal (EAT) has ruled that, for the purposes of Regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), the ‘affected employees’ whose representatives.... http://www.warners-solicitors.co.uk/news-article.html?id=289 http://www.warners-solicitors.co.uk/news-article.html?id=289 Fri, 25 Jun 2010 00:00:00 +0100 Divorce is almost never easy and the financial negotiations can be protracted and difficult, particularly when there are business interests involved. In this article we consider some of the issues surrounding divorce for company directors.... http://www.warners-solicitors.co.uk/news-article.html?id=286 http://www.warners-solicitors.co.uk/news-article.html?id=286 Fri, 25 Jun 2010 00:00:00 +0100 Companies House has announced that from now on its ‘WebCHeck’ company search service will be available all day every day…so, if a company owing you money.... http://www.warners-solicitors.co.uk/news-article.html?id=301 http://www.warners-solicitors.co.uk/news-article.html?id=301 Wed, 30 Jun 2010 00:00:00 +0100 If you are facing the possibility of having to fund care home fees or are concerned about there being an Inheritance Tax (IHT) liability when you die, it may be tempting to think about gifting your house to your children.... http://www.warners-solicitors.co.uk/news-article.html?id=281 http://www.warners-solicitors.co.uk/news-article.html?id=281 Fri, 02 Jul 2010 00:00:00 +0100 The courts will not allow a party to an employment contract to enforce their rights under it where the contract is deemed unlawful. In Hall v Woolston Hall Leisure Ltd., the Court of Appeal held that contracts of employment are unenforceable where.... http://www.warners-solicitors.co.uk/news-article.html?id=290 http://www.warners-solicitors.co.uk/news-article.html?id=290 Fri, 02 Jul 2010 00:00:00 +0100 Construction projects inevitably lead to a large number of contracts being created between the various contractors, subcontractors, suppliers and developers involved. This in turn can produce problems in the event of a dispute.... http://www.warners-solicitors.co.uk/news-article.html?id=297 http://www.warners-solicitors.co.uk/news-article.html?id=297 Tue, 06 Jul 2010 00:00:00 +0100 Litigation can often be expensive and there are often good reasons for achieving a resolution prior to a final hearing. The best course of action will always depend on the individual circumstances of the case... http://www.warners-solicitors.co.uk/news-article.html?id=312 http://www.warners-solicitors.co.uk/news-article.html?id=312 Tue, 06 Jul 2010 00:00:00 +0100 Historically, as a basic principle prenuptial agreements were said not to be binding on English Courts. Until relatively recently the best that could be hoped for on the signing of such an agreement was that upon divorce a Court would find it “persuasive”... http://www.warners-solicitors.co.uk/news-article.html?id=311 http://www.warners-solicitors.co.uk/news-article.html?id=311 Tue, 06 Jul 2010 00:00:00 +0100 Taxpayers who evade more than £25,000 of tax will now be ‘named and shamed’ by HM Revenue and Customs (HMRC) where the evasion affects a period after 1 April 2010. It is expected to be 2011 before the first tax evaders will be publicly... http://www.warners-solicitors.co.uk/news-article.html?id=308 http://www.warners-solicitors.co.uk/news-article.html?id=308 Tue, 06 Jul 2010 00:00:00 +0100 Possessions and money are not the only issues which can be considered when making a will. Some people choose to donate their body to medical science after death in the hope that it will be of some practical use. Donated remains are used by medical students for... http://www.warners-solicitors.co.uk/news-article.html?id=310 http://www.warners-solicitors.co.uk/news-article.html?id=310 Tue, 06 Jul 2010 00:00:00 +0100 http://www.warners-solicitors.co.uk/news-article.html?id=313 http://www.warners-solicitors.co.uk/news-article.html?id=313 Tue, 06 Jul 2010 00:00:00 +0100 The Charities Act 2006 was introduced to make life simpler for trustees, to provide more safeguards for them and to bring the definition of ‘charity’ up to date. The Act defines a charity as a ‘body or trust which is for a charitable purpose that provides.... http://www.warners-solicitors.co.uk/news-article.html?id=280 http://www.warners-solicitors.co.uk/news-article.html?id=280 Thu, 08 Jul 2010 00:00:00 +0100 With the economy seeming to be slowly improving, businesses will be thinking about financing the expected expansion of trade. Borrowing cost often dominates the thinking, but it isn’t all about the cost of the loan.... http://www.warners-solicitors.co.uk/news-article.html?id=288 http://www.warners-solicitors.co.uk/news-article.html?id=288 Thu, 08 Jul 2010 00:00:00 +0100 Failure to pay maintenance for children can have severe consequences. Recently, a father who had failed to pay maintenance for several years found himself subject to a liability order requiring payment. When this was unsuccessful... http://www.warners-solicitors.co.uk/news-article.html?id=335 http://www.warners-solicitors.co.uk/news-article.html?id=335 Mon, 12 Jul 2010 00:00:00 +0100 When senior employees leave a company, the commercial risks presented can be considerable. A recent case on this subject concerned a director who left the company he worked for and then set up in competition with it.... http://www.warners-solicitors.co.uk/news-article.html?id=322 http://www.warners-solicitors.co.uk/news-article.html?id=322 Mon, 12 Jul 2010 00:00:00 +0100 The new Consumer Code for Home Builders came into force on 1 April 2010 and provides significant new protection for those who buy homes ‘off plan’. The Code requires builders of houses to keep buyers informed of the progress of the construction work... http://www.warners-solicitors.co.uk/news-article.html?id=334 http://www.warners-solicitors.co.uk/news-article.html?id=334 Tue, 13 Jul 2010 00:00:00 +0100 HM Revenue and Customs have announced that non-UK resident persons who remained in the UK due to disruption of their travel plans because of the volcanic ash cloud and who, as a result.... http://www.warners-solicitors.co.uk/news-article.html?id=321 http://www.warners-solicitors.co.uk/news-article.html?id=321 Wed, 14 Jul 2010 00:00:00 +0100 Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a case heard in the Supreme Court, we may now see the rise of NOOViGs (not on our village greens).... http://www.warners-solicitors.co.uk/news-article.html?id=320 http://www.warners-solicitors.co.uk/news-article.html?id=320 Thu, 15 Jul 2010 00:00:00 +0100 Following her conviction for fraud and money laundering, after faking her husband’s death in 2002, Anne Darwin has agreed to pay more than £591,000 under the Proceeds of Crime Act 2002. Mrs Darwin’s husband, John, was thought to have drowned whilst canoeing near the couple’s Teesside home... http://www.warners-solicitors.co.uk/news-article.html?id=333 http://www.warners-solicitors.co.uk/news-article.html?id=333 Thu, 15 Jul 2010 00:00:00 +0100 When there is Inheritance Tax (IHT) at stake, HM Revenue and Customs (HMRC) will often fight tooth and nail to overturn asset valuations they consider to be too low. Recently, HMRC disputed the probate value of a property, which had been valued by two different valuers at £250,000 at the date of death of the owner in 2005... http://www.warners-solicitors.co.uk/news-article.html?id=338 http://www.warners-solicitors.co.uk/news-article.html?id=338 Mon, 19 Jul 2010 00:00:00 +0100 The argument put forward by a farmer that he should retain the family farm after his divorce, because it had been in his family for generations and his wife was aware that it was the family tradition for it to be handed down from generation to generation, was given short shrift in the family court recently... http://www.warners-solicitors.co.uk/news-article.html?id=332 http://www.warners-solicitors.co.uk/news-article.html?id=332 Wed, 21 Jul 2010 00:00:00 +0100 An out-of-court settlement has now been reached in the long-running case of Coleman v Attridge Law, which confirmed that employees are protected from ‘associative discrimination’ under the Disability Discrimination Act 1995 (DDA).... http://www.warners-solicitors.co.uk/news-article.html?id=319 http://www.warners-solicitors.co.uk/news-article.html?id=319 Wed, 21 Jul 2010 00:00:00 +0100 As part of the pre-election ‘wash-up’, the Digital Economy Bill was passed into law, bringing with it the right for the Secretary of State to create secondary legislation to require Internet Service Providers to take ‘technical measures’ against subscribers... http://www.warners-solicitors.co.uk/news-article.html?id=325 http://www.warners-solicitors.co.uk/news-article.html?id=325 Fri, 23 Jul 2010 00:00:00 +0100 As part of the pre-election ‘wash-up’, the Digital Economy Bill was passed into law, bringing with it the right for the Secretary of State to create secondary legislation to require Internet Service Providers to take ‘technical measures’ against subscribers... http://www.warners-solicitors.co.uk/news-article.html?id=326 http://www.warners-solicitors.co.uk/news-article.html?id=326 Fri, 23 Jul 2010 00:00:00 +0100 An easement (such as a right of way) is a right over someone else’s land. A right of easement, once granted, is quite often forgotten about. However, a recent case shows how important it can be to make sure that an easement does not lapse through disuse... http://www.warners-solicitors.co.uk/news-article.html?id=337 http://www.warners-solicitors.co.uk/news-article.html?id=337 Fri, 23 Jul 2010 00:00:00 +0100 An executor who stole more than £80,000 from the estate of a client faces a jail sentence for his crime. The man, who operated as a ‘will writer’, also faces a confiscation order against his assets. Much of the money was used to finance a luxury cruise for him and his wife and for gambling... http://www.warners-solicitors.co.uk/news-article.html?id=331 http://www.warners-solicitors.co.uk/news-article.html?id=331 Thu, 29 Jul 2010 00:00:00 +0100 An accountant who defrauded his employer of nearly £900,000 over a decade was ordered to repay £150,000 (the maximum amount of assets available for seizure) and was sent to prison for three years.... http://www.warners-solicitors.co.uk/news-article.html?id=318 http://www.warners-solicitors.co.uk/news-article.html?id=318 Thu, 29 Jul 2010 00:00:00 +0100 Little publicised, but nonetheless important for many private landlords, are changes implemented by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010, which mean that, in certain circumstances, a landlord wishing to let out a property.... http://www.warners-solicitors.co.uk/news-article.html?id=317 http://www.warners-solicitors.co.uk/news-article.html?id=317 Fri, 30 Jul 2010 00:00:00 +0100 With tax rates on the rise and the coldest winter in years still a vivid memory, it may be a tempting prospect to leave Britain behind and settle somewhere in the sun. One of the drawbacks with this approach is that it is, in practice, difficult to sever one’s connection... http://www.warners-solicitors.co.uk/news-article.html?id=330 http://www.warners-solicitors.co.uk/news-article.html?id=330 Fri, 30 Jul 2010 00:00:00 +0100 In the year 2008/2009, 15 people died from carbon monoxide poisoning associated with domestic gas appliances. The deaths were mainly due to gas appliances being fitted badly or not being serviced properly... http://www.warners-solicitors.co.uk/news-article.html?id=336 http://www.warners-solicitors.co.uk/news-article.html?id=336 Mon, 02 Aug 2010 00:00:00 +0100 The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been pending for some time and is eagerly awaited as it will provide guidance in practical terms on the likely level of fines in such cases, following the issue of sentencing guidelines in February 2010... http://www.warners-solicitors.co.uk/news-article.html?id=324 http://www.warners-solicitors.co.uk/news-article.html?id=324 Mon, 02 Aug 2010 00:00:00 +0100 When a wife agrees to allow the family home to be used as security for her husband’s debts, the legal situation is normally clear and the creditor can rely on her consent in order to take possession. However, a recent case, in which a wife successfully resisted the bank’s claim... http://www.warners-solicitors.co.uk/news-article.html?id=329 http://www.warners-solicitors.co.uk/news-article.html?id=329 Wed, 04 Aug 2010 00:00:00 +0100 The powers of HM Revenue and Customs (HMRC) are considerable, as a recent case makes clear. It involved a company that HMRC suspected of Excise Duty evasion. A raid on its premises was undertaken and HMRC officers found quantities of alcohol for which there.... http://www.warners-solicitors.co.uk/news-article.html?id=316 http://www.warners-solicitors.co.uk/news-article.html?id=316 Wed, 04 Aug 2010 00:00:00 +0100 In the light of research carried out by the Health and Safety Laboratory, which shows that worker participation in implementing occupational health and safety measures has a positive effect on health and safety performance, the Health and Safety Executive (HSE) has launched.... http://www.warners-solicitors.co.uk/news-article.html?id=315 http://www.warners-solicitors.co.uk/news-article.html?id=315 Thu, 05 Aug 2010 00:00:00 +0100 In what is thought to be the largest consumer class action in English legal history, more than 1,500 customers who suffered chemical burns and allergic reactions after buying ‘toxic sofas’ are to share in a £20 million compensation settlement... http://www.warners-solicitors.co.uk/news-article.html?id=328 http://www.warners-solicitors.co.uk/news-article.html?id=328 Fri, 06 Aug 2010 00:00:00 +0100 Bribery and corruption are rife in many countries. For example, IKEA recently ceased its expansion in Russia because of difficulties in obtaining permissions to build stores without being willing to engage in corrupt practices. In some countries, ‘sweeteners’ for deals are a necessity or near-necessity... http://www.warners-solicitors.co.uk/news-article.html?id=323 http://www.warners-solicitors.co.uk/news-article.html?id=323 Mon, 09 Aug 2010 00:00:00 +0100 Taxpayers who evade more than £25,000 of tax will now be ‘named and shamed’ by HM Revenue and Customs (HMRC) where the evasion affects a period after 1 April 2010. It is expected to be 2011 before the first tax evaders will be publicly exposed on the HMRC website... http://www.warners-solicitors.co.uk/news-article.html?id=327 http://www.warners-solicitors.co.uk/news-article.html?id=327 Tue, 10 Aug 2010 00:00:00 +0100 Social Housing providers will greet a recent decision of the Supreme Court with relief. The Court upheld a local council’s decision that it had discharged its duty to secure accommodation for persons who were homeless by sending each of them a letter offering accommodation... http://www.warners-solicitors.co.uk/news-article.html?id=363 http://www.warners-solicitors.co.uk/news-article.html?id=363 Wed, 11 Aug 2010 00:00:00 +0100 A 92-year-old widow has won the right to evict her daughter and son-in-law, following a bitter family dispute that has lasted, on and off, for 20 years. The Court of Appeal judges dismissed claims by the couple that they had been promised the house would be theirs and had acquired rights over it because they also made repairs to the property at their own expense... http://www.warners-solicitors.co.uk/news-article.html?id=353 http://www.warners-solicitors.co.uk/news-article.html?id=353 Thu, 12 Aug 2010 00:00:00 +0100 A recent case (May and Baker Ltd. t/a Sanofi-Aventis Pharma v Okerago) serves as a reminder to employers of the sort of problems that can arise during a major sporting event when members of their workforce support different national teams. Mrs Okerago claimed that... http://www.warners-solicitors.co.uk/news-article.html?id=364 http://www.warners-solicitors.co.uk/news-article.html?id=364 Fri, 13 Aug 2010 00:00:00 +0100 Recently, two issues relating to foreign travel have arisen which are relevant for taxpayers. Firstly, HM Revenue and Customs (HMRC) have advised that taxpayers who expect to have problems paying tax on time as a result of the volcanic ash cloud should contact... http://www.warners-solicitors.co.uk/news-article.html?id=362 http://www.warners-solicitors.co.uk/news-article.html?id=362 Mon, 16 Aug 2010 00:00:00 +0100 HM Revenue and Customs have announced that non-UK resident persons who remained in the UK due to disruption of their travel plans because of the volcanic ash cloud and who, as a result, spent more than 90 days in the UK at one time, will not be treated as becoming UK resident for income tax purposes as a result... http://www.warners-solicitors.co.uk/news-article.html?id=352 http://www.warners-solicitors.co.uk/news-article.html?id=352 Mon, 16 Aug 2010 00:00:00 +0100 When someone breaches a confidence and uses confidential information to make a profit, one of the legal remedies which may be sought is to require the person committing the breach to account for the profit made as a result... http://www.warners-solicitors.co.uk/news-article.html?id=346 http://www.warners-solicitors.co.uk/news-article.html?id=346 Tue, 17 Aug 2010 00:00:00 +0100 The Court of Appeal has ruled that a man who knew that he and his daughter were about to become homeless, and who wrote to the council seeking its assistance in obtaining accommodation, had done enough to trigger the council’s obligation to provide him with... http://www.warners-solicitors.co.uk/news-article.html?id=360 http://www.warners-solicitors.co.uk/news-article.html?id=360 Wed, 18 Aug 2010 00:00:00 +0100 It is often thought that there is little practical difference between being married or in a civil partnership and living together. Regrettably, this is very far from the case, as a lady barrister found out in the High Court recently. The barrister, who had lived with a wealthy dentist... http://www.warners-solicitors.co.uk/news-article.html?id=356 http://www.warners-solicitors.co.uk/news-article.html?id=356 Thu, 19 Aug 2010 00:00:00 +0100 Litigation can be expensive and there are good reasons in many cases for achieving a resolution by mediation when possible. The best course of action will depend on the individual circumstances of the case... http://www.warners-solicitors.co.uk/news-article.html?id=345 http://www.warners-solicitors.co.uk/news-article.html?id=345 Thu, 19 Aug 2010 00:00:00 +0100 The problems which can arise when there is an intestate estate that involves business assets were made clear recently when the High Court had to rule on a complex claim relating back to a death that occurred many years ago. At stake was a share in a farm, claimed by the children of a woman who died in 1993 without leaving a will. Her estate... http://www.warners-solicitors.co.uk/news-article.html?id=351 http://www.warners-solicitors.co.uk/news-article.html?id=351 Tue, 24 Aug 2010 00:00:00 +0100 The Employment Appeal Tribunal (EAT) has ruled (May v Greenwich Council) that the Employment Tribunal (ET) had no jurisdiction to refuse to accept a claimant’s ET1 claim form, on the ground that it found some of the handwriting illegible, because the form did contain the required information... http://www.warners-solicitors.co.uk/news-article.html?id=344 http://www.warners-solicitors.co.uk/news-article.html?id=344 Tue, 24 Aug 2010 00:00:00 +0100 Breach of copyright on the Internet is relatively common, but it is still a breach of the law and one for which there is no defence based on ignorance. Copyright is an absolute right, which arises automatically. Nothing has to be done to obtain it: it arises as soon as the... http://www.warners-solicitors.co.uk/news-article.html?id=343 http://www.warners-solicitors.co.uk/news-article.html?id=343 Wed, 25 Aug 2010 00:00:00 +0100 An argument over a narrow strip of land has left a mother and son facing massive costs after their case was heard in the Court of Appeal recently. The dispute arose because their neighbour wanted to put up a fence on what he considered to be the dividing line... http://www.warners-solicitors.co.uk/news-article.html?id=359 http://www.warners-solicitors.co.uk/news-article.html?id=359 Wed, 25 Aug 2010 00:00:00 +0100 The Court of Appeal has ruled in a case which establishes an important precedent for the setting of fines for breaches of environmental law. Thames Water had appealed against a fine of £125,000 for a mistake which had led to pollution of the river Wandle. It claimed that... http://www.warners-solicitors.co.uk/news-article.html?id=361 http://www.warners-solicitors.co.uk/news-article.html?id=361 Fri, 27 Aug 2010 00:00:00 +0100 A loophole in the law allowed comedian Jimmy Carr to escape a fine when the acerbic funny man appeared before Harrow Magistrates’ Court after police spotted him using a mobile phone whilst driving. The successful argument was based on the fact that he was not using... http://www.warners-solicitors.co.uk/news-article.html?id=358 http://www.warners-solicitors.co.uk/news-article.html?id=358 Fri, 27 Aug 2010 00:00:00 +0100 The principle that British persons divorced abroad can look to the courts in England and Wales to ensure that their ‘reasonable needs’ are met in the divorce settlement has been firmly established following a recent case involving a divorced couple who both hold joint British... http://www.warners-solicitors.co.uk/news-article.html?id=355 http://www.warners-solicitors.co.uk/news-article.html?id=355 Mon, 30 Aug 2010 00:00:00 +0100 Musculoskeletal disorders (MSDs) are the most common occupational illness in Britain. They include problems such as low back pain, joint injuries and repetitive strain injuries of various sorts, and affect more than 500,000 people every year. They are often linked... http://www.warners-solicitors.co.uk/news-article.html?id=342 http://www.warners-solicitors.co.uk/news-article.html?id=342 Mon, 30 Aug 2010 00:00:00 +0100 The executors of a woman who decided not to take her pension from her pension scheme when she was terminally ill have been ruled to be liable for Inheritance Tax (IHT) on the value of her pension fund. he woman was diagnosed with cancer five months before... http://www.warners-solicitors.co.uk/news-article.html?id=354 http://www.warners-solicitors.co.uk/news-article.html?id=354 Tue, 31 Aug 2010 00:00:00 +0100 An easement (such as a right of way) is a right over someone else’s land. A right of easement, once granted, is quite often forgotten about. However, a recent case shows how important it can be to make sure that an easement does not lapse through disuse... http://www.warners-solicitors.co.uk/news-article.html?id=341 http://www.warners-solicitors.co.uk/news-article.html?id=341 Thu, 02 Sep 2010 00:00:00 +0100 A recent case illustrates the sort of unanticipated problem that can arise as a result of owning property abroad. The case involved an English man who owned a property in Brittany. He was in receipt of social security benefits – in particular, income support. He argued that the value of the property should not be taken into account when assessing his capital... http://www.warners-solicitors.co.uk/news-article.html?id=350 http://www.warners-solicitors.co.uk/news-article.html?id=350 Fri, 03 Sep 2010 00:00:00 +0100 New rates for the National Minimum Wage (NMW) will come into force on 1 October 2010. As announced last year, the adult rate of the NMW is to be extended to 21-year-olds when the new rates come into effect... http://www.warners-solicitors.co.uk/news-article.html?id=389 http://www.warners-solicitors.co.uk/news-article.html?id=389 Mon, 06 Sep 2010 00:00:00 +0100 Companies who are concerned whether they may have to register under the Carbon Reduction Commitment Energy Efficiency Scheme may need to have advice on the scheme, and how to reduce their carbon footprint... http://www.warners-solicitors.co.uk/news-article.html?id=388 http://www.warners-solicitors.co.uk/news-article.html?id=388 Mon, 06 Sep 2010 00:00:00 +0100 It is not uncommon for a company to switch financial advisers when it is seeking to do a deal, but doing so without a full appreciation of the implications of the contract with the financial advisers who have been shown the door can be an expensive mistake... http://www.warners-solicitors.co.uk/news-article.html?id=340 http://www.warners-solicitors.co.uk/news-article.html?id=340 Tue, 07 Sep 2010 00:00:00 +0100 The Financial Services Authority (FSA) imposes a strict regulatory regime on persons operating in the financial services area by way of business and this includes the licensing of ‘deposit takers’. Recently, three men were charged with taking money from clients to provide loans for businesses that were unable to secure funding from banks... http://www.warners-solicitors.co.uk/news-article.html?id=349 http://www.warners-solicitors.co.uk/news-article.html?id=349 Tue, 07 Sep 2010 00:00:00 +0100 Employers have a statutory duty to allow their employees reasonable time off work to carry out public duties. Such duties include acting as a justice of the peace, as a prison visitor, as a member of a local authority or relevant health or education body, as a member... http://www.warners-solicitors.co.uk/news-article.html?id=339 http://www.warners-solicitors.co.uk/news-article.html?id=339 Thu, 09 Sep 2010 00:00:00 +0100 ‘A verbal agreement is seldom worth the paper it is written on’ is a common jest, and with good reason. Many a family dispute has arisen because the appropriate documentation was not created when an agreement was made... http://www.warners-solicitors.co.uk/news-article.html?id=348 http://www.warners-solicitors.co.uk/news-article.html?id=348 Thu, 09 Sep 2010 00:00:00 +0100 A property tycoon whose fortunes have plummeted since he and his wife divorced has been granted permission by the court to have the amount of the lump sum ordered to be paid to his ex-wife reconsidered... http://www.warners-solicitors.co.uk/news-article.html?id=347 http://www.warners-solicitors.co.uk/news-article.html?id=347 Fri, 10 Sep 2010 00:00:00 +0100 Making even a small change to your will without professional advice can be fraught with problems. A woman and her second husband made mirror wills with the effect that their own interest in their house passed to their own children and the rest of their estate was... http://www.warners-solicitors.co.uk/news-article.html?id=381 http://www.warners-solicitors.co.uk/news-article.html?id=381 Mon, 13 Sep 2010 00:00:00 +0100 On 28 April, Companies House introduced a new ‘Company Name Availability Search’ as part of its WebCHeck service, which will return the ‘same as’ matches as defined in the Companies Act 2006. This will allow anyone wanting to set up a company to ascertain straight away... http://www.warners-solicitors.co.uk/news-article.html?id=373 http://www.warners-solicitors.co.uk/news-article.html?id=373 Tue, 14 Sep 2010 00:00:00 +0100 A Sheffield house buyer has failed in his recent attempt to have a £48,000 debt wiped out. He was hoping that the 12-year limitation rule on recovery of mortgage loans would enable him to benefit from lax debt recovery on the part of his mortgage lender. John Ashcroft had... http://www.warners-solicitors.co.uk/news-article.html?id=385 http://www.warners-solicitors.co.uk/news-article.html?id=385 Wed, 15 Sep 2010 00:00:00 +0100 A taxpayer who submitted his tax return too promptly found this to be to his disadvantage recently when the Tribunal supported the rejection by HM Revenue and Customs of his right to carry back a charitable contribution of nearly £1 million against a chargeable gain arising in... http://www.warners-solicitors.co.uk/news-article.html?id=380 http://www.warners-solicitors.co.uk/news-article.html?id=380 Thu, 16 Sep 2010 00:00:00 +0100 Local Fire Authorities no longer issue fire certificates. The Regulatory Reform (Fire Safety) Order 2005 introduced a risk-based approach to fire safety, making it a legal requirement for the person responsible to carry out a fire-risk assessment for all non-domestic premises in... http://www.warners-solicitors.co.uk/news-article.html?id=387 http://www.warners-solicitors.co.uk/news-article.html?id=387 Thu, 16 Sep 2010 00:00:00 +0100 Two recent cases examined employees’ claims of discrimination contrary to the Employment Equality (Religion or Belief) Regulations 2003 (the Regulations) where the employees concerned were disciplined for refusing to provide services to same-sex couples... http://www.warners-solicitors.co.uk/news-article.html?id=368 http://www.warners-solicitors.co.uk/news-article.html?id=368 Fri, 17 Sep 2010 00:00:00 +0100 When a couple divorce and financial arrangements have to be sorted out, there are occasions when the court may decide that assets not owned by the divorcing couple should be taken into account. In a recent case, a couple with three children divorced after 20 years of marriage... http://www.warners-solicitors.co.uk/news-article.html?id=377 http://www.warners-solicitors.co.uk/news-article.html?id=377 Tue, 21 Sep 2010 00:00:00 +0100 The hope that inequality of treatment on the part of insurers, based on the age of the insured, would be prohibited by the Equality Act 2010, which brings together all the main legislation governing equality issues, was dashed when Parliament announced that it had accepted... http://www.warners-solicitors.co.uk/news-article.html?id=379 http://www.warners-solicitors.co.uk/news-article.html?id=379 Wed, 22 Sep 2010 00:00:00 +0100 Although the UK economy is slowly emerging from recession, the effects of the economic downturn have left many businesses weakened. With cuts in government spending, fears of a ‘double dip’ recession are widespread. Recent research carried out by R3, the trade body... http://www.warners-solicitors.co.uk/news-article.html?id=372 http://www.warners-solicitors.co.uk/news-article.html?id=372 Wed, 22 Sep 2010 00:00:00 +0100 The time limits for lodging appeals in the Employment Appeal Tribunal (EAT) are usually strictly enforced. Where an appeal is from a judgment of an Employment Tribunal (ET), the Notice of Appeal and supporting documentation must be lodged within 42 days of the date on which... http://www.warners-solicitors.co.uk/news-article.html?id=367 http://www.warners-solicitors.co.uk/news-article.html?id=367 Thu, 23 Sep 2010 00:00:00 +0100 If you are considering buying a property, the existence of a covenant or easement relating to it is an important consideration. Nearly two thirds of freehold titles are subject to an easement (which gives someone other than the owner a right over the land) and nearly four fifths... http://www.warners-solicitors.co.uk/news-article.html?id=384 http://www.warners-solicitors.co.uk/news-article.html?id=384 Fri, 24 Sep 2010 00:00:00 +0100 For an application to be made for ancillary relief (a financial settlement on divorce), there has to have been a valid marriage in the first place. On that simple point a woman’s application to file for divorce and claim ancillary relief was recently refused by the court. The judge had... http://www.warners-solicitors.co.uk/news-article.html?id=376 http://www.warners-solicitors.co.uk/news-article.html?id=376 Mon, 27 Sep 2010 00:00:00 +0100 A recent case shows the importance of acting promptly when a loss due to a breach of the public procurement rules is suspected. It involved a company which had bid for a public procurement contract awarded by the Greater Manchester Waste Disposal Authority... http://www.warners-solicitors.co.uk/news-article.html?id=371 http://www.warners-solicitors.co.uk/news-article.html?id=371 Tue, 28 Sep 2010 00:00:00 +0100 HM Revenue and Customs (HMRC) are well known for applying the letter of the law when it suits them and, with the Government seeking to reduce the massive fiscal deficit, are pursuing some cases that seem to stretch the limits of reason. In a recent case, HMRC argued that... http://www.warners-solicitors.co.uk/news-article.html?id=378 http://www.warners-solicitors.co.uk/news-article.html?id=378 Tue, 28 Sep 2010 00:00:00 +0100 A new regime for VAT and Excise penalties commenced on 1 April 2010. It provides that the penalties levied for underpayments of VAT and Excise Duty will depend on both the reason for the wrongdoing and whether the disclosure was unprompted or prompted... http://www.warners-solicitors.co.uk/news-article.html?id=370 http://www.warners-solicitors.co.uk/news-article.html?id=370 Thu, 30 Sep 2010 00:00:00 +0100 The wisdom of checking that those doing work for you are properly insured is illustrated by a recent case. It involved a man who was hired to do casual labour for a builder working on a house. The builder was uninsured. The man needed to access a flat roof and asked the... http://www.warners-solicitors.co.uk/news-article.html?id=382 http://www.warners-solicitors.co.uk/news-article.html?id=382 Thu, 30 Sep 2010 00:00:00 +0100 A recent case shows yet again that there are those who will prey on the elderly and the bereaved for their own benefit. An NHS bereavement services adviser from Leicestershire was jailed after being found guilty of stealing £3/4 million from the estates of deceased hospital... http://www.warners-solicitors.co.uk/news-article.html?id=375 http://www.warners-solicitors.co.uk/news-article.html?id=375 Fri, 01 Oct 2010 00:00:00 +0100 Employers have a statutory duty to allow their employees reasonable time off work to carry out public duties. Such duties include acting as a justice of the peace, as a prison visitor, as a member of a local authority or relevant health or education body, as a member of a... http://www.warners-solicitors.co.uk/news-article.html?id=366 http://www.warners-solicitors.co.uk/news-article.html?id=366 Fri, 01 Oct 2010 00:00:00 +0100 One of the reasons a contract can be abandoned is that the performance of the contract is ‘frustrated’ – something happens which makes it impossible to complete. In August 2007, the builders Barratt contracted with site owner Gold Group Properties Ltd. to build a large... http://www.warners-solicitors.co.uk/news-article.html?id=386 http://www.warners-solicitors.co.uk/news-article.html?id=386 Tue, 05 Oct 2010 00:00:00 +0100 A company that sought to give as evidence in court ‘without prejudice’ comments made by the company with which it was in dispute met with a firm rebuff from the Court of Appeal recently. Without prejudice material is material which is used in negotiation on the understanding... http://www.warners-solicitors.co.uk/news-article.html?id=369 http://www.warners-solicitors.co.uk/news-article.html?id=369 Wed, 06 Oct 2010 00:00:00 +0100 A man’s attempt to obtain a half-share of his ex-partner’s property after they split up failed recently when he could not persuade the Court of Appeal that his decision to have his name removed from the deeds, taken more than 20 years earlier, should be ignored when... http://www.warners-solicitors.co.uk/news-article.html?id=383 http://www.warners-solicitors.co.uk/news-article.html?id=383 Wed, 06 Oct 2010 00:00:00 +0100 Since April 2009, the names of employers and individuals who fail to pay Employment Tribunal (ET) awards have been added to the public Register of Judgments, Orders and Fines, once enforcement proceedings have been brought against them in the County Court... http://www.warners-solicitors.co.uk/news-article.html?id=365 http://www.warners-solicitors.co.uk/news-article.html?id=365 Fri, 08 Oct 2010 00:00:00 +0100 The regulations governing Lasting Powers of Attorney and Enduring Powers of Attorney have recently been changed. The amendments require that the original Enduring Power of Attorney (EPA) must be produced, if available, when an application is made to register the power... http://www.warners-solicitors.co.uk/news-article.html?id=374 http://www.warners-solicitors.co.uk/news-article.html?id=374 Fri, 08 Oct 2010 00:00:00 +0100