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Lasting power of Attorney

A Lasting Power of Attorney (LPA) is a way of giving someone that you trust the legal authority to make decisions on your behalf if you lack mental capacity or if you no longer wish to make decisions for yourself. There are two types of LPA, for financial decisions and for health and welfare decisions. The criteria for someone wishing to make an LPA for both types of LPAs are quite straightforward, they must be any person aged 18 or over and the person wishing to make an LPA must…

Restrictive Covenants

In this article we look at the differences between the use of Restrictive Covenants in employment contracts and commercial contracts such as share purchase agreements. Background Restrictive covenants have been in the headlines recently, triggered by the government's consultation on whether their use stifles entrepreneurship by preventing workers from starting up their own business after leaving a job. Restrictive covenants are commonly used in employment contracts to prohibit ex-employees from competing with their previous employer by soliciting or dealing with their clients or poaching their remaining staff. As a matter…

Landlords converting family homes to student homes

Some landlords have tenancy agreements in place with one person only, however, that particular person might come with a family of four, thereby, leaving that one particular person responsible for paying the rent to the landlord. Progressively, the more experienced landlords are making the most of the current market by raising the overall rent earned from a property by renting to individuals or households living in the property separately. This is also known as a HMO, (Houses in Multiple Occupation). A HMO is when separate tenants have private access to…

Businesses must keep foot on pedal for data protection

A major milestone in EU data protection law was marked when the General Data Protection Regulation came into force just before the EU Referendum. A huge piece of legislation that was set to replace the UK’s Data Protection Act 1998 from May 2018, it marks a tough new era in EU-wide data protection, with new powers for data regulators and much stricter operating boundaries for businesses that process personally identifiable information about individuals. But for UK companies imagining that Brexit will have changed the need for them to comply, there’s a…

Mistakes that mean Landlords lose the right to break up

Landlords looking to terminate a lease have received a blunt reminder of what it takes to serve a valid break notice after a legal battle reached the High Court. The ruling in Vanquish Properties (UK) Limited Partnership –v- Brook Street (UK) Limited centred around premises ear-marked for development on Fenchurch Street in London. The premises were let to Brook Street by the City Corporation as freeholder, with a break clause in September 2016 on six months’ notice. When developer Vanquish came along, they were granted an overriding lease, so they…

Courts cost rule sets precedents for family disputes over Wills

The High Court has handed down a costs judgement, setting a precedent that costs orders will be made by the court against claimants who pursue weak Will challenges, act obstructively, cause delay and increase costs without incurring costs themselves. Kenneth Jordan died in 2012 leaving his entire estate to his mistress Ms Elliot. Ms Simmonds, the illegitimate child of the self-made millionaire, claimed that his 2012 Will was invalid for lack of capacity, knowledge and approval and undue influence. Ms Simmonds further alleged a claim under the Inheritance (Provision for…

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…

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