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Top 10 tips to avoid litigation

Sarah Canning
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Have you ever asked yourself whether or not the dispute could have been avoided?  If so, the answer may have been that with the benefit of hindsight you would have done something differently. The following top 10 tips are to help reduce those times and...

Top 10 tips for responding to a dispute

Sarah Canning
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Do you or your employees know the best way to respond to a dispute, when one arises? Do you know what information you need or the processes you should undertake to respond effectively to avoid litigation? If the answer is ‘no’, then the following...

Intestacy: and the reasons we encourage the preparation of a Will

Helen Taylor TEP
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Intestacy An intestacy does not just occur when a person dies without a Will.  It can also arise even if they have a Will but it is invalid or has been revoked.  It can also arise if a valid Will has not been properly drafted and a common...

Money Laundering Regulations 2017 Change: an Independent Audit and staff screening

Sarah Canning
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Are you compliant? For the first time, estate agents as a regulated business have to consider establishing an independent audit function to ensure that their compliance is adequate and effective.  So, does this apply to you? Regulation 21 of the...

Government committed to updating and strengthening existing data protection laws

Christopher Buck
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In a statement of intent the Government has committed to updating and strengthening existing data protection laws via the introduction of a new Data Protection Bill. The Bill will implement the European Union General Data Protection Regulation (GDPR) and...

Recruitment Manager fined for illegally sharing applicant's personal information

Christopher Buck
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The Data Protection Act 1998 (DPA) applies to the “processing” of “personal data”. Pursuant to section 1(1) of the DPA “processing” includes obtaining, recording, holding, using, disclosing or erasing data and...

Plant Variety Rights and Brexit - what happens now?

Christopher Buck
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When we think of Brexit and the potential implications it will have on the UK we often consider the effects upon the economy and immigration, what we tend to think less about is the effect it will have upon our access to plant varieties and the agricultural...

Trade Marks: The potential impact of Brexit

Christopher Buck
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A trade mark or “brand” is a sign used by a trader to differentiate their goods from those of other traders and may come in the form of a name, slogan or simply the distinctive style of packaging of a product. A trade mark provides the consumer...

Tribunal order HMRC to reduce Penalty

Sarah Canning
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In 2013, Jackson Grundy Ltd, an estate agency across Northamptonshire, was fined £200,000.00 for breaches of Customer Due Diligence under the Money Laundering Regulations 2007 (as amended).  There was never any suggestion of money laundering....

The falling divorce rate is great news, but so are pre-nuptial agreements

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I t’s great to hear that the divorce rate is falling, as reported online by the Daily Mail, but there were still 101,000 or so divorces in 2015, which is a big number whatever way you look at it. Divorce is a big deal on a personal level and is...

Morrisons supermarket chain found to be in breach of the Privacy and Electronic Communication Regulations (PECR)

Christopher Buck
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The Privacy and Electronic Communication Regulations (PECR) set out specific rules which govern the use of marketing by electronic communications such as; e-mail, telephone, text message and automated calls. ...

Swiss banks secrecy to end

Christopher Buck
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Private banks in Switzerland are known for being used by the wealthy people of the world in essence to evade tax. However, since the global financial crisis, tens of billions of dollars have been removed from these accounts in a flurry to protect themselves...

Automatic for the people - Breach of Auto-Enrolment Pensions means Everybody Hurts

Ben Stanton
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The Pensions Act 2008 introduced legislation which required employers to provide pensions for their employees. The ‘Auto-Enrolment’ pension scheme means that employees are automatically required to deduct 3% of monies from an employee’s...

Is it time to review your Will to maximise tax-saving?

Kathryn Thornewill
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We always recommend that you review your Will every 3-6 years to ensure that it does exactly what you want it to do, especially with the changing of laws surrounding Wills and Probate. On 6th April 2017, the Residence Nil Rate Band (RNRB) came into effect....

Construction Disputes: Is your Pay Less Notice valid?

Sarah Canning
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Construction Disputes: Is your Pay Less Notice valid? The Technology and Construction Court considered the validity of an Interim Payment Notice and Pay Less Notice in the case of Surrey and Sussex Healthcare NHS Trust v Logan Construction [2017] [EWHC...

ICO fines Gloucester City Council for failing to suitably keep safe vulnerable information

Christopher Buck
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Gloucester City Council has received a fine from the Information Commissioner’s Office (“ICO”) in the sum of £100,000 further to its employees’ personal sensitive information being unlawfully accessed in a cyber-attack. In July...

Corporate transparency - the requirement to report on payment practices and policies from 6 April 2017.

Sarah Canning
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The last few years have seen a step forward in corporate transparency with a requirement to register the beneficial owners of companies on the Register of People with Significant Control (PSC) as well as make statements regarding the Modern Slavery...

Hacking plot leaves Gordon Ramsay's father-in-law jailed for 6 months

Christopher Buck
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Background Gordon and Tana Ramsay have been married since 1996. This year, sentences have been given in respect of a hacking plot led by Ramsay’s father-in-law. Chris Hutcheson Sr. was previously CEO of Gordon Ramsay Holdings Limited. After a...

ICO Grants Programme

Christopher Buck
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In a bid to encourage research into data protection solutions, the Information Commissioner’s Office (“ICO”) is launching a Grants Programme. Although there is not yet confirmation of exactly how many grants will be awarded each year, it is...

The GDPR and why you should update your terms and conditions

Christopher Buck
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Recap In February, I undertook a review of the implications that the GDPR would have and how you should start preparing now. With a year until their enforcement, I now consider, in further detail, why it is crucial that you review your terms and...

Tax Evasion: Advisory firms at risk from new Act

Sarah Canning
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With potentially three months to go before the Criminal Finances Act 2017 comes into force, entities offering advisory services must now tackle the new list of measures put in place to tackle financial crime. Whilst the new powers include the sharing of...

Rules relating to the possession of a deceased's body.

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As you are all aware, when someone passes away decisions need to be made in respect of what happens to the body whether it be cremation, burial, green burial or anything else. Disputes at this point can arise between family members as to what should happen...

Brexit, pursued by a bear

Ben Stanton
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“Let boors and franklins say it, I'll swear it” ― William Shakespeare, The Winter's Tale In advance of the publication of their manifesto, Theresa May has unveiled an initial list of Conservative employment policies. Most...

Choosing the right private Attorney

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When it comes to Lasting Powers of Attorney (LPA), it’s important to appoint the right person to act as your Attorney. So what do you need to consider? The role of an Attorney Lasting Powers of Attorney (LPA) allow you to appoint someone to act...

Ed Sheeran copyright matter has settled

Christopher Buck
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Last year, songwriters Thomas Leonard and Martin Harrington brought a claim for copyright against Ed Sheeran’s “Photograph” in relation to their song “Amazing”, as released in 2011 by X-Factor winner, Matt Cardle. For further...

Victoria Beckham trademarks the Beckham children's names

Christopher Buck
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Following the trademarks granted for David Beckham in 2000 and Victoria Beckham in 2002, Victoria has now trademarked the four Beckham children’s names: namely Brooklyn Beckham, Romeo Beckham, Cruz Beckham and Harper Beckham in the U.K. and Europe. ...

Leaving money to loved ones with learning difficulties

Rosie Wright TEP
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Making a Will is always important, but it is even more important when you are making provisions for those with learning difficulties. On the 25 th April, I spoke at the Mencap ‘Planning for the Future Seminar’ in Northampton on this subject and...

Restrictive covenants in commercial contracts

Christopher Buck
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Restrictive covenants are clauses contained in agreements. Their intention is to restrict the party agreeing to them, from carrying out certain activities. Whether it’s a commercial or employment contract, there are a number of factors to...

General Election 2017 Will our analysis of the Tories manifesto pledges give Mrs May the blues?

Ben Stanton
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With Brexit maintaining its position as being the political story on everyone’s lips, Teresa May’s decision to hold a general election on 8th June 2017 took many by surprise. The current government’s tenure will have lasted just over two...

Understanding Family Mediation

Deborah Whicker
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Deborah Whicker joined our Family Law team in Milton Keynes in February and brings particular expertise as an Accredited Family Mediator.  Here she introduces us to Mediation and how it works. What is Mediation? Family Mediation is a process where...

Inheritance disputes hit a record high

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There are all sorts of reasons someone may bring a claim under the Inheritance (Provision for Family Dependents) Act (IPFDA) 1975. It might be because an individual has been left out of a Will entirely, they receive less than they expected, or the...

Leaving digital assets in your Will

Rosie Wright TEP
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Rosie Wright explains what happens to digital assets when you pass away and how to make provision for them in your Will… Including digital assets in your Will When we think about making a Will, very few of us realise digital assets can be included,...

Expected New Probate Fees Challenged

Rosie Wright TEP
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There has been much discussion recently about increasing the probate application fee, so that it changes from a flat rate fee for all estates (currently £155 if the application is submitted by a solicitor) to a stepped rate which increases as the...

Penalty Clauses - A case study

Sarah Canning
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Penalty clauses have been a source of much litigation over the years. The recent case of ParkingEye Ltd v Beavis [2015] UKSC 67 is a case in point. It has been a significant decision maker for contract lawyers and litigators when they’re advising...

Separation without the Court route

Naomi Evans
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Separation can be a daunting process. Even more so when there are decisions to be made about finances and future arrangements for children. But Court proceedings aren’t the only route... The alternatives to Court Many people think protracted...

The IoD Women as Leaders Convention

Jo Pusey
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Yesterday a team from Franklins invited a group of women in business to share a table with us at the IoD’s third Women as Leader’s Convention. Here are some highlights of the day and what we enjoyed about the event… The Attendees We...

Government confirm new Probate fees

Helen Taylor TEP
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As the government confirms the new banded Probate fee charges, I explain the implications… Implications of the changes Despite overwhelming opposition, the government has confirmed that the fees for a probate application will change. This...

Civil Proceedings Fee change in force as of 6 March 2017

Sarah Canning
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The Civil Proceedings Fees (Amendment) Order 2016 comes into force on 6 March 2017. This Order will have an impact on court hearing fees. Main changes to note This Order effects 2 significant changes which you need to know about:- it increases to...

Getting your advertising on point

Christopher Buck
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Advertising goes hand in hand with any business. So when it comes to promoting your products or services, it’s important to get it right. Associate Partner, Christopher Buck, explains what you need to think about before you target your...

Becoming Dementia Friends

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Since becoming a Dementia Friend with my colleague, Natasha Thorne, in October 2016 , Franklins has joined the initiative to understand more about the disease. Read on to find out how we’re helping to spread the word and get others to become...

Lasting Power of Attorney - Deputyship

Rosie Wright TEP
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If a loved one loses capacity and they don’t have a Lasting Power of Attorney or Enduring Power of Attorney in place to manage their affairs, a deputy may need to be appointed. I explain the process… What is Deputyship? A Deputyship...

Is talking about end of life care still taboo?

Rosie Wright TEP
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Compassion in Dying is a national charity working to inform and empower people to exercise their rights and choices around end-of-life care. I share a bit about a specific campaign they have launched which I think is an important one… Compassion...

Steps to Prepare for the General Data Protection Regulation

Christopher Buck
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The General Data Protection Regulation (GDPR) will govern how personal data is processed by data controllers and processors from May 2018. I share with you why we all need to start preparing now… The GDPR Despite the UK deciding to leave...

Valentine's Day harassment in the workplace - Don't be a Stupid Cupid

Ben Stanton
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This Valentine’s Day, workers across the country will be confessing their love to their colleagues in a variety of different ways. Whilst this may be welcomed by some, it may lead others to feel very uncomfortable. This raises issues for employers in...

Is an Enduring Powers of Attorney still valid

Rosie Wright TEP
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‘Enduring Powers of Attorney’, the predecessors to Lasting Powers of Attorney, can no longer be made. However, if you made an Enduring Power of Attorney before the 1st October 2007, provision has been made under the Mental Capacity Act 2005,...

Worker Status for Uber Drivers

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In a recent ruling, Uber drivers were found to be workers, not self-employed by the Employment Tribunal. This recent decision reminds us just how subtle the distinction is between the different types of working arrangements… Types of working...

Leaving a gift to charity in your Will

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Many people in the UK support charities during their lifetime, but many don’t realise they can also leave a gift in their Will. Here’s how you can carry on giving after you’re gone… Where there’s a Will When it comes to...

Buying bricks and mortar

Rosie Wright TEP
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Moving house? Before you purchase your perfect home sweet home, there are a number of important decisions to make. Here’s what you need to know before you sign on the dotted line… Ownership of your home One of the things people often...

To litigate or mediate?

Sarah Canning
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That is the question the Courts have firmly answered over recent years, resulting in solicitors having to advise their clients about the risks of failing to utilise alternative means of dispute resolution. Read on to find out more… Successful...

Promissory Estoppel Explained

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We take a look at the recent case of Moore v Moore to illustrate the High Court of England & Wales’ application of the long-standing principle of Promissory Estoppel - that fairness should be maintained where possible… The case Roger...