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Sarah Canning
 

Top 10 tips to avoid litigation

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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

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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...

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

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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...

Tribunal order HMRC to reduce Penalty

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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....

Construction Disputes: Is your Pay Less Notice valid?

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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...

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

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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...

Tax Evasion: Advisory firms at risk from new Act

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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...

Penalty Clauses - A case study

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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...

Civil Proceedings Fee change in force as of 6 March 2017

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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...

To litigate or mediate?

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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...

Manufacturers Benefit from Specialised Event

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We recently joined forces with Lloyds Bank, chartered accountants MHA MacIntyre Hudson LLP and supplier of automation technology, Festo to bring an inspiring event to manufacturers. This is the second manufacturing...

Surrendering a commercial lease by operation of law

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Consider this scenario: A tenant in liquidation has returned the keys to the landlord and the landlord’s secured the property and marketed it to rent. In these circumstances, you might think the tenant’s guarantor no longer...

Litigants in person

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In some cases, an individual can represent him or herself without legal representation. The Law Society issued guidelines for solicitors who are acting for the other party in a case where such an individual is bringing and defending a...

Brian May's claim brings cost proportionality into light

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Musician Brian May brought a claim against a neighbour's developer for nuisance arising from a basement development. The claim itself settled relatively early in the proceedings when May and his wife accepted £25,000 in compensation. ...

The seemingly long drawn out process of evicting a tenant

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Local Authorities have been urging tenants to remain in their rented property until the bailiffs arrive in an attempt to reduce the number of homeless people they have on their lists. The legal process to removing a tenant ...

Guide to: The "Persons with Significant Control" ("PSC") Register Regulations

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UPDATE: From 26 June 2017 unlisted UK companies and LLPs must keep their “Register of People with Significant Control” continuously updated on the Companies House website. Previously it was only necessary to update Companies House once a...

It is annual report time for Money Laundering Reporting Officers

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With the end of the year approaching, all Money Laundering Reporting Officer’s (MLRO's) should be well under way in their review of their organisations anti-money laundering procedures in readiness for presenting their annual report. ...

Regulations for terminating an Assured Shorthold Tenancy

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Regulations in relation to ending an Assured Shorthold Tenancy have come into force for any new tenancy starting on or after 1 October 2015. The new regulations will affect landlords wanting to serve Section 21 notices on their...

The need to continually reassess the strengths and weaknesses of your Claim

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The case of Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014) further demonstrates the need to continually assess the strengths of a case at all stages of the Court process. In this particular...

Why you should act promptly if you receive a Court Judgment

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Businesses and individuals alike can find themselves being served with a Judgment in Default of an Acknowledgement of Court Proceedings being served. When faced with an Application to Set Aside such a Judgment, the Court considers a number of...

FRC Practice Aid for Audit Committees - May 2015 update

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For accountants, bankers and audit committees in general there is new guidance from the Financial Reporting Council (FRC) which affects their audit responsibilities. These changes will also impact anyone who has audit and/or corporate governance...

AML Update: Channel 4 exposes Estate Agents as facilitators for money laundering

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The recent Channel 4 documentary “ From Russia With Cash ” has shown 5 London estate agents turn a blind eye to a potential money laundering scenario when presented with a corrupt foreign purchaser at a property viewing. The programme...

When even Expert Witnesses in a case can be dismissed from the courtroom

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More often than not when we think of court rooms in conflict we think of that famous court room scene in a Few Good Men between Jack Nicholson and Tom Cruise. Classic “Prosecutor versus the Accused” (American Style). However, in real life, and...

Warning: exaggerate your Claim and you could face cost consequences

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It is important to value a claim accurately before taking your matter to court. It is essential because this vital step ensures that both parties base their pre-action and post-issue negotiations a factual position rather than the matter reach...

Court Fees increase 9 March 2015 - what the claim fees are now

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The Ministry of Justice has increases it's fees for money claims as from Monday, 9th March 2015. The fee increases were being challenged by The Law Society that cited that the proposals are tantamount to “selling justice” contrary to...

Changes to the rules of debt relief

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Business minister, Jo Swinton has announced that there will be changes to the rules of debt relief. It is believed that the changes are due to take effect from October 2015. The changes are intended to help financially vulnerable people...

Landlord and Tenant - Recent Case Law Regarding Section 21 Notices

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In the past, Landlords have previously been faced with confusion as to whether to serve a notice pursuant to Section 21 (1) or Section 21 (4) of the Housing Act 1988, when giving notice to end an Assured Shorthold Tenancy where the fixed term has...

HMRC telephone calls to Estate Agents to monitor Anti-Money Laundering compliance

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HM Revenue and Customs (HMRC) have a number of Anti-Money Laundering Compliance Officers working through registered agencies to ensure that each business is up to date with their compliance activities. There are a number of regulations and obligations...

National Crime Agency (NCA) Requirement on Suspicious Activity Reports (SAR's)

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If you work within the regulated sector, you may know that during the last 12 months, the UK Financial Intelligence Unit (UKFIU) has worked with the reporting sectors towards improving the quality of Suspicious Activity Reports (SARs). This has included:...

Residential and Commercial Property Agents: Avoid an HMRC fine and be compliant with Anti-Money Laundering Regulations

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Fines approaching £250,000 have been made against Estate Agents over the course of the last few months. If you are a Commercial or Residential Property Agent and not compliant with the Regulations to prevent money laundering then you too could be...

Advice for Commercial Landlords - What to Do When Your Tenant Company Goes Into Administration

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Commercial landlords historically found themselves in a difficult position when their company tenants went into administration. Many landlords had found tenant companies entering administration on the day immediately following a quarter day, thus avoiding...