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Terms and conditions must be clearly stated to apply

Battle of forms highlights a hard truth for company contracts Two companies who went to court in an argument over whose terms and conditions applied to a contract between them, have both lost out. The ruling from the High Court has said that neither company made enough efforts to deliver up their terms and conditions to the other side, leaving both without a leg to stand on in a dispute over a supply of rubber gaskets. The dispute arose between Transformers & Rectifiers Ltd and Needs Ltd. Needs argued that…

Buying a property at auction

The main attraction of buying at auction is that you avoid the conventional drawn out process of purchasing a property. A variety of properties can be purchased at auction including residential, commercial, plots of land and freehold investment properties. When preparing for auction it is important to consider the following points: Contact the relevant auction house and request their catalogue. Most auction houses hold regular auction sales with a catalogue printed some weeks in advance. You can also subscribe to catalogue mailing lists. Most auction houses now publish online catalogues…

Budget 2015 – The key points

George Osborne's March 2015 Budget has been announced today and below we have summarised the key points of this year's Budget: The new Help to Buy ISAs effectively give investors tax relief on a cash ISA investment for home buying. The Government will provide a £50 bonus for every £200 of monthly savings up to a maximum of £3,000 on £12,000 of savings. The scheme is for first time home-buyers on houses worth up to £450,000 in London and £250,000 elsewhere in the UK. The aim is to start the scheme…

Court fees set for rise on 9 March 2015

The Government has decided that as from 9 March 2015 there is to be an increase in fees for issuing Court proceedings with a value of £10,000 or more. Whilst there have been increases in Court fees over the recent years, this new increase reflects a substantial and significant increase and may prove to be prohibitive for Claimants. The figures on money claims As from 9 March 2015, money claims with a value which exceeds £10,000 but which do not exceed £200,000 will have an issue fee of 5% of…

A landlord’s guide to dealing with Anti-social Behaviour

Having to deal with anti-social behaviour will undoubtedly be one of the most daunting problems that a landlord will have to deal with. The general rule is that a landlord cannot be held liable for a tenant’s action unless they have authorised the anti-social behaviour. The first thing that may cross a landlord’s mind is how do they evict the tenant. Before embarking upon legal proceedings the landlord should consider discussing the matter with their tenant, but should their behaviour not improve seeking a possession order may be the only…

Powers and Duties of Executors and Trustees

Unless the powers of executors and trustees are extended or varied by the will, the powers are limited to those given by statute. The main statutory powers are set out here under: Section 3 of the Trustee Act 2000 (the Act) gives a general power to invest in anything other than land. Section 4(1) provides that when exercising any power of investment trustees must take into account the statutory investment criteria which are: The suitability to the trust of investments of the type proposed and of that particular investment as…

Property transactions and Japanese Knotweed

Japanese Knotweed is an invasive species of plant which can cause damage to properties if left untreated, particularly with drains and other buried services, paths and driveways, boundary/retaining walls, outbuildings, conservatories and gardens. Your legal responsibilities for invasive plants and injurious weeds If you have invasive plants or injurious weeds on your premises, you have a responsibility to prevent them spreading into the wild or causing a nuisance. You must not plant or otherwise cause to grow in the wild any plant prescribed under the Wildlife and Countryside Act 1981.…

Impending changes to the divorce process

The way divorce petitions are processed is changing, following a consultation by Her Majesty’s Courts and Tribunal Service (HMCTS). There will now be designated divorce centres which will be the only points of entry across the single family court for the issuing of divorce petitions and financial remedy applications. All divorce petitions will be sent by post to one of the centres unless there is an urgent reason to seek to issue at the counter. The application process will remain unchanged but all uncontested petitions will be prepared and made…

Protecting your assets: extending your lease

Many people who own a leasehold property will – at some point - face having to make a difficult decision about whether or not they should extend their lease. With an aging and growing population and with the continuing trend of developers building blocks of flats, this question can only become more prevalent. The first question that will, naturally, spring to cross one's mind is: how? Followed closely perhaps by: it is worth the time and expense? In an era where most people look for ways to create wealth, extending…

Choosing the right property for your business

Selecting the right premises is a key decision for many businesses and it is important to consider the matter thoroughly before jumping in, as renting or purchasing a property is expensive. Below we have created a list of our top 10 considerations that you should have in mind when choosing your business premises. 1. Customer base and competition It is important to examine and analyse the demographic of your customers. If many of your customers are in one specific location then it should be obvious that the closer you can set up business to…

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