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The Importance of a Financial Order on Divorce

Deborah Whicker
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As Family Lawyers we frequently hear the same thing from divorcing clients in that they have agreed the financial aspects of the marriage so do not need advice or the expense of additional legal or court fees. With the ever-increasing desire for a...

What is a no-fault divorce?

Naomi Evans
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Current divorce laws are based on legislation introduced in 1973. Those wishing to seek a divorce have to claim that their marriage has broken down irretrievably. That irretrievable breakdown has to be based on one of 5 facts namely adultery, behaviour,...

Are employers liable for employee's data protection breaches?

Sarah Canning
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On 1 December 2017, the supermarket Morrisons was found vicariously liable for the actions of a disgruntled employee, who posted personal data of almost 100,000 employees on a file-sharing website. The claim was brought by over 5500 employees and is...

Would you want to be kept alive against your will?

Helen Taylor TEP
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Brenda Grant made an Advance Directive, commonly known as a Living Will, stating she feared degradation and indignity more than death after seeing her own mother lose her independence through dementia.  She did not tell her family about it but correctly...

Dispute between Dyson and former Chief Executive, Max Conze

Christopher Buck
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Dyson’s claims It appears that Dyson are intending to sue their former CEO, Max Conze, for leaking closely guarded secrets. Max was CEO for Dyson and headed the company from 2011 to 2017. He stepped down last month, in what initially appeared an...

Will the Woof-Tang-Clan be brought to heel?

Christopher Buck
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American rap group, Wu-Tang-Clan, is currently looking to pursue a New York dog walking group, Woof-Tang-Clan, for breach of copyright and Trade Marks. The group claims that Woof-Tang-Clan’s attempt to trademark their name is in breach of their rights....

Paying a relative's care home fees using their online banking system is probably a criminal offence

Kathryn Thornewill TEP
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Accordingly to a law firm in London, RadcliffesLeBrasseur, using a relative’s online bank account information to arrange payment of their care home fees, even if it is done in good faith with the account holder's permission, is probably a criminal...

Billionaire Property Developer Claims He Was Never Married In An Attempt To Prevent Wife's Claim On His Fortune

Naomi Evans
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A billionaire property developer has tried to protect his £1.1bn fortune from a claim by his estranged wife by claiming that they were never married. He has claimed that his marriage was based on a fake certificate which they obtained in order that...

Children in the middle

Deborah Whicker
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As a Family Lawyer and Accredited Family and Child Inclusive Mediator I am often asked to advise or provide information on children stuck in the middle of separating or separated families. Conversations are usually with a parent or parents although quite...

English marriage law bias

Naomi Evans
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Under existing English marriage laws, minority faith marriages should be registered.   This would mean that couples who have a religious ceremony have to follow it up with a civil wedding in order that it is recognised as legally...

Should Children Be Heard In Court?

Barbro Zeineh
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Staggering statistics show that last year more than 100,000 children were involved in wrangles between their parents in relation to which parent the children should have as his or her main home, level of contact, should one parent be given permission to...

Wrapping up employment issues present at the Office Christmas Party

Ben Stanton
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The work Christmas party is often eagerly anticipated and a chance for employees to let their hair down. All too often, the combination of a relaxed atmosphere and too much alcohol brings out the worst in employees, leading to problems within the workplace. ...

Does divorce run in the family?

Barbro Zeineh
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Recent studies have established a pattern that children of divorced parents are more likely to get divorced themselves http://dailym.ai/2hBsEGC . Although no actual figures setting out the percentage have been released to date, it appears to follow the same...

Yoko Ono says no-no to the sale of John Lemon lemonade

Christopher Buck
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After looking to bring legal action against those producing John Lemon lemonade, Yoko Ono has successfully prevented the association of her late husband’s name with the brand. The drinks company, a small Polish company whic h distributes to the UK and...

Can you handwrite your Will yourself?

Helen Taylor TEP
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Well, yes you can but in order to be valid it needs to comply with that well known and thoroughly modern Wills Act of 1837. If your handwritten will (which everyone knows of course, is called a Holographic Will) fails to meet these legal requirements, it...

ePrivacy legislation reform

Christopher Buck
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Reform in line with GDPR: In addition to t he implementation of the General Data Protection Regulation (“GDPR”) there is also the intention of updating ePrivacy legislation so as to align the same with these new rules. Although the new ePrivacy...

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

Naomi Evans
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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 TEP
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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.

Helen Taylor TEP
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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

Helen Taylor TEP
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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

Helen Taylor 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

Helen Taylor TEP
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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

Helen Taylor TEP
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Helen Taylor 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...

Expected New Probate Fees Challenged

Helen Taylor 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...