How do you prove that you are married when a valid marriage certificate is not available? This question may not often arise, but it does sometimes happen that a marriage certificate cannot be produced, which can be particularly problematic when someone is...
Family business owners have traditionally been in a difficult situation with divorce. A family business that was passed down to children was vulnerable to big losses if marriages in the next generation broke down. Ex-partners could potentially walk away with...
When an adjudicator in a construction dispute gives a ruling, the decision can only be appealed on a limited number of grounds. One of these is ‘breach of natural justice’, which means that the adjudicator’s decision is so obviously flawed...
Under current legislation, the normal qualifying period of service to bring a claim of unfair dismissal claim to an Employment Tribunal is one year (with certain exceptions where no qualifying period is required). With effect from 6 April 2012, this...
So-called ‘discounted gift schemes’ have been used in Inheritance Tax (IHT) planning for many years. The basic idea behind them is that a gift is made by a person whose estate is likely to be subject to IHT and the gift is so structured (usually...
Although roads and pavements cannot be guaranteed to be kept safe to use at all times (for example, during exceptionally cold weather, when ice can form quickly), the authority responsible for any public space must take reasonable care to ensure that it is...
The Government has announced its proposals for reform of the employment law system following its consultation, ‘Resolving Workplace Disputes’, and the Red Tape Challenge review of employment law. The aim is to replace overburdensome regulation...
Losing your driving license can be catastrophic to your employment, your business, your family commitments or your social life. A driving ban may be handed down in relation to a single offence (not necessarily road traffic related offences) or as a result...
Design rights are not the same as copyright, but are valuable intellectual property assets nonetheless. Consider the traditional Coca-Cola bottle, which instantly conveys the brand image to the consumer. Accordingly, companies are highly protective of their...
According to a recent ‘Which?’ report, landlords are lazy when it comes to making sure that costs such as insurance premiums and the like, that are passed on to their tenants, represent good value for money. In some cases, it is thought that the...
“My property is in a conservation area. What difference does this make?” The definition of a conservation area is an “area of special architectural or historic interest the character or appearance of which is desirable to protect and...
The importance of getting the statutory wording exactly right in all agreements with clients was emphasised in a recent court case. A dispute over a ‘sole agency agreement’ reached the Court of Appeal, after a seller sold his property to a...
When a dispute arises concerning the meaning of a contract term that is capable of being interpreted in more than one way, the resolution is normally to be found in the interpretation which is most consistent with common business practice and sense. Unclear...
New powers granted to the government under the Energy Act 2011 will make it unlawful to let certain buildings by 2018. All commercial buildings are now required to have an Energy Performance Certificate (“EPC”) carried out by a qualified...
Gregg Latchams is pleased to announce the launch of its associated financial planning firm GL Chartered Financial Planners. GL Chartered Financial Planners has been established to provide advice on the differing aspects of financial planning which you, our...
A recent case ( Whitham v Club 24 Ltd. t/a Ventura ) sheds further light on how an employer should respond if an employee makes derogatory remarks concerning the workplace on a social networking site. Mrs Whitham worked as a team leader at Club 24 Ltd.,...
The Live Music Bill is set to become law after five years of campaigning by Lord Clement-Jones and a number of other music industry representatives. The Bill amends certain provisions of the Licensing Act 2003 which many felt stifled creativity by requiring...
A consultation on ways of making it easier for social housing providers to evict problem tenants has recently closed. It is proposed that landlords be given the right, in appropriate circumstances, to evict tenants who have been proven to have acted in an...
HM Revenue and Customs (HMRC) have tasked a new team of 200 investigators and specialists, the ‘Affluent Team’, with identifying wealthy tax avoiders. One of the first targets of the team is wealthy individuals who own land and property abroad....
Under current legislation, the normal qualifying period of service to bring a claim of unfair dismissal claim to an Employment Tribunal is one year (with certain exceptions where no qualifying period is required). With effect from 6 April 2012, this...
HM Revenue and Customs (HMRC) will be targeting 6,000 Swiss bank accounts for further enquiry following the completion of the preliminary review resulting from the co-operation agreement in the area of taxation between Switzerland and the UK, which was...
When a woman updated her will in 2003, she had no way of knowing that a simple change to a precedent document could cause problems for her executors several years later. There was no intention to change one of the main provisions of the will, which was that...
There has recently been a further case on long-term sickness and a worker’s right to accrue untaken annual holiday leave ( Fraser v Southwest London St George’s Mental Health Trust ). Mrs Fraser was on long-term sick leave after she injured her...
