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Aiming for a win-win separation

When celebrities divorce, it makes for big headlines. Since Johnny Depp and Amber Heard announced their separation a few weeks ago, the most private aspects of their life together has been played out in public and open for examination by the media and online commentators. With court documents detailing lavish lifestyles and counter-accusations of drug taking and abuse, the proceedings look set to secure many more headlines as they unfold. By contrast, BBC2’s TV latest series, Mr & Mrs: Call the Mediator, shows a different side to divorce, with negotiated…

How will the new state pension affect you?

The new state pension arrived in April 2016, introducing a new single-tier system to replace the old basic rate plus additional credits structure. However, not everyone will get the same flat rate – with some set to be worse off than under the old system. 6 April 2016 saw the start of this simplified state pension, where a single rate replaced the system where for some people, the basic rate was topped up with a second pension. This new, single-tier structure will also make providing pensions cheaper for the government…

Negotiating contracts – an update

Negotiating contracts looks set to be tougher in future, with the news that clauses that require any changes to be made in writing and agreed by all the parties may not hold water. Anti-oral variation clauses often feature in both commercial agreements and employment contracts, but until now there have been conflicting decisions over enforcement. In the recent case to reach the Court of Appeal hinging on this question, the Court has aid that even when such a clause is included, it is possible to amend a contract verbally or by…

The devilish detail on inheritance tax

In last summer’s Budget speech, significant changes to inheritance tax (IHT) were announced. This related to a new allowance for those who own their home and want to leave it to their children. For these homeowners, a transferable Residence Nil Rate Band allowance (RNRB) will be introduced from April 2017. However, the Treasury have tried to address a number of objections to the Chancellor’s original proposals. The Government came back with amendments to the Finance Bill to clarify the treatment of family homes left in trust, to extend the scope…

Relaxed planning rules to be made permanent

The process for converting commercial property to residential has become easier, now that temporary planning rules removing the need for planning applications to convert certain types of building have been made permanent. The rules, which apply to B1 use properties (including offices, research and development premises and light industry) being converted for C3 use (residential housing), were set to end in May 2016. However, they will now be made permanent – much to the relief of commercial landowners and developers. Removing planning application requirements for converting certain commercial buildings should…

A fifth of London tenants paying over asking price

Countrywide, the UK’s largest property services group, announced that 1 in 5 tenants based in London pay over the asking price to secure their homes, by comparison with 1 in 8 tenants over the rest of the UK. London, compared to other cities in the country, has seen the largest growth in rents since 2007. Countrywide's monthly lettings index found Londoners were paying an average of £1,309 a month in the year to February, up from £1,295 the year before, £94 above the average monthly asking rent, in London. Over the…

Rising cost of divorce encourage couples to ‘nest’ together

Splitting couples are facing a rising cost of divorce with a big increase in court fees, and many are facing up to the challenge of asset-sharing and high property prices by turning to novel solutions to deal with the change. One of the new approaches to parenting after divorce is what’s being called the bird’s nest approach, a shared custody arrangement where the children stay at home and parents move around them, as depicted recently by TV programmes The Affair and Transparent. The emphasis in bird’s nesting is on parents…

Panama Papers fallout will impact every business

Media reporting on the so-called Panama Papers has focused on the tax affairs of wealthy individuals and international organisations, but the hacking of client files at Panamanian law firm Mossack Fonseca has implications for every business. The largest leak in history, with some 2.6 terabytes of data involved, the shockwaves of the Panama incident have been felt around the globe, and the hacking is a wake-up call to companies that don’t already treat their cyber-security with the same stringency as their legal, regulatory, financial or operational risks. This was a…

Legal Aid evidence criteria – successful Court challenge

The charity Rights of Women was recently successful in the Court of Appeal in challenging certain aspects of the evidential requirements of domestic abuse in relation to legal aid applications. The evidential requirements of domestic abuse to enable a person to qualify for legal aid (with exceptions) are contained in Regulation 33 of the Civil Legal Aid (Procedure) Regulations 2012. The Court of Appeal declared that Regulation 33 is invalid in so far as it:- Required verifications of domestic violence to be given within a 24 month period before any…

Digging deep: extending the basement

A site in South East London has been sold at a recent auction for £27,000. With the average price in the area an estimated £501/ft² the 400 sq ft site seemed like the perfect acquisition for somebody looking to secure their place on the property ladder. See also: Buying a property at auction Upon inspection of the particulars it was noted the site was marketed as "A vacant front basement suitable for redevelopment (subject to obtaining all necessary consents)" and prospective buyers were told, "There will be no internal viewings due…

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