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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…

A potential rise in probate fees and how it could affect you

A consultation is to be heard on the 1 April 2016 which aims to set out the Government’s reform proposal regarding the fee payable for an application for a Grant of Probate. The Grant of Probate is a document which confirms that the Executors have the authority to deal with the deceased person’s assets. New Proposals The proposed move sees a change from the traditional flat fee to that of a banded fee approach, which means that the fee is proportionate to the value of the estate. The flat fee costs…

New register of all people with significant control of companies

One of the major changes to the administration of companies in the UK is coming in via the Small Business, Enterprise and Employment Act 2015 (the Act) which will introduce the requirement for a company to create a public register of individuals who hold significant control of the Company or “People with Significant Control” (PSC). The changes brought in by the Act will create greater transparency in respect of companies in the UK. The Act defines a PSC as anyone who meets one (or more) of the following conditions: owns…

Rogue landlords

Local Authorities are looking to crack down on rogue landlords. It is reported that a cash injection of £5million will be distributed amongst 48 local councils in order to tackle the growing situation of negligent landlords, who are letting their properties to tenants that are living in dangerous conditions. Local Authorities have long been trying to reduce the number of rogue landlords. Some London Councils have sought to tackle rogue landlords by the introduction of the Private Rented Licencing Scheme in 2014. The Scheme requires all landlords or their agents…

What do solicitors look for when evaluating contracts?

As Corporate lawyers we are regularly asked to read through and assess various contracts for clients. In today’s busy world most clients only need to know whether or not it is a well-written contract and whether or not it covers everything. However, when evaluating contracts there are many more points we look to cover. Essential terms One of the first things to check is whether or not all of the essential terms of the contract are there. Whilst a contract can technically be formed orally in most jurisdictions, a solid…

When to unravel the web of deceit in divorce

Unhappy ex-spouses hoping to get their divorce settlements reviewed following a landmark judgment are being urged to check their facts first. It was predicted that the Supreme Court rulings in the cases of Alison Sharland and Varsha Gohil would open the floodgates to thousands of couples wanting to revisit agreements made under a financial consent order, where one party had deliberately concealed their true financial worth during divorce proceedings. In both cases - Sharland v Sharland and Gohil v Gohil - the Supreme Court gave the former wives the right…

Landlords’ obligations to check tenants’ right to rent

If you intend to create a tenancy (or sub-tenancy) on or after 1 February 2016, you have a duty to undertake identity checks to ensure that a tenant or lodger has the right to rent in accordance with the Immigration Act 2014, whether there is a written tenancy agreement or not (subject only to very limited exceptions). This duty has been in force since 1 December 2014 in respect of properties in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton. The checks must be carried out within the 28 days before the…

Rental payments after break dates

The Supreme Court handed down its Judgment in the case of Marks and Spencer Plc v BNP Paribas Securities Services Trust Company & Ors on 2 December 2015. This is important news for landlords and tenants alike when negotiating the terms of leases and exercising break clauses. The facts The brief facts of the case are that a lease had been granted for a term expiring on 2 February 2018, with rent being payable in advance on the usual quarter days. The tenant gave a break notice to end the…

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