Skip to main content

Kitsons Launch Charity Will Scheme in aid of FORCE Cancer Charity

Posted by on September 1st 2015 in Kitsons News, Press Releases, Private Client

Above: Charlie Siegle, Partner and Head of the Kitsons Private Client Team in Exeter (Left) with Peter Payne, Trust/Grants Researcher at FORCE Cancer Charity (Right). 

Devon law firm Kitsons has teamed up with FORCE Cancer Charity to offer supporters the opportunity to make or update their Will, in return for a donation to the charity.

Through the scheme, for every new Will completed by the Private Client Team at Kitsons Solicitors in Exeter, the firm will donate a proportion of its fees for those Wills to FORCE.

The Will Scheme for FORCE will start on Tuesday...

The Consumer Rights Act 2015 (the ‘CRA’) – What To Expect

Posted by on August 24th 2015 in Blog Posts, Corporate

The Consumer Rights Act is expected to come into force on 1 October 2015. It will consolidate and replace much of the previous consumer law that was covered under: the Sale of Goods Act 1979 (‘the SGA’), the Supply of Goods and Services Act 1982 (‘the SGSA’), the Unfair Terms in Consumer Contracts Regulations 1999 (‘the UTCCRs’) and the Unfair Contract Terms Act 1977 (the ‘UCTA’).

The purpose of the reforms is to simplify the legislation that was previously in place and bring much of it up to date. In particular the new legislation now covers digital content, which was previously...

Business Tax Returns – what’s the real story?

Posted by on August 19th 2015 in Blog Posts, Insolvency

Whilst many of us gladly welcome the summer season, for many small and medium enterprises (“SMEs”) across England, this time of year does not necessarily bring the same sense of appeal.

31 July 2015 – doomsday or just another date for the diary?

Friday 31 July 2015 marked the deadline for SMEs paying self-assessment tax to have filed their returns for the year. Accordingly an up-front payment for 50% of their annual tax liability was required in a one-off, lump sum.

Payment of this tax is notoriously problematic for many enterprises across the country. In fact, it is not unheard of for an...

Kitsons raise in excess of £5,000 from charity challenge in memory of colleague Mark

Posted by on August 13th 2015 in Kitsons News, Press Releases

Staff at Kitsons were delighted to present a cheque for £5,128.32 to Diabetes UK

24 members of staff from leading Devon law firm Kitsons braved the elements and successfully overcame the Yorkshire Three Peaks Challenge. Their reward for completing what is known as one of the toughest challenges in the UK was raising more than £5,000 for Diabetes UK in memory of their colleague Mark Batten.

Mark, who was Chief Cashier at Kitsons, passed away suddenly in March 2014. He worked at Kitsons for over 35 years and was a prominent and well liked member...

Relief from Sanctions

Posted by on August 6th 2015 in Blog Posts, Litigation

The Court of Appeal has overturned a Judgment criticised for imposing draconian sanctions on a law firm for missing four cost deadlines.  The decision by Lord Justice Richards in the case of Michael Wilson & Partners Ltd v Sinclair & others [2015] EWCA Civ 774 (23 July 2015) has confirmed the position in Denton, and effectively ‘reversed’ the earlier decision of Mitchell.  

In Denton v TH White Ltd & another [2014] EWCA Civ 906 the Court set new guidance for assessing whether relief from sanction should be granted for non-compliance with Court orders. Emphasis was placed on requiring the Court to...

Reform of Court Structure

Posted by on August 3rd 2015 in Blog Posts, Litigation

Alongside the intended wholesale overhaul of the Justice system recently announced by Michael Gove, the Ministry of Justice is also pressing ahead with existing plans to reform the Courts and Tribunals.

The programme of reform was announced by the Ministry of Justice in March 2014, and is expected to yield savings of £100 million per year by 2019.  The reform was intended to focus on the following areas:

  1. Modernisation of technology and IT systems to enable electronic case management;
  2. Introduction of an online self-service system for Court users;
  3. Video links, wifi and digital presentation of documents in Court;
  4. Modernisation of Court buildings and facilities; and
  5. Upgraded...

Patterson v Castlereagh Borough Council [2015] NICA 47

Posted by on July 30th 2015 in Blog Posts, Employment

The law surrounding the calculation of holiday pay is in a state of evolution. The starting position is that employees are entitled to receive ‘normal remuneration’ during periods of annual leave. However what is considered ‘normal remuneration’? It seems it is a fluid concept at the moment.

Last year the decision in Bear Scotland established that the types of payments that should be considered ‘normal remuneration’ include:

  • Commission payments.
  • Guaranteed and non-guaranteed overtime payments.
  • Standby payments
  • Emergency call-out payments.
  • Bonuses for attendance and performance (excluding bonus’s that are based on service or departmental performance rather than individual, unless taking holiday will negatively affect the bonus payment).
  • Acting-up...

Plumb v Duncan Print Group Ltd

Posted by on July 27th 2015 in Blog Posts, Employment

The Employment Appeal Tribunal's (EAT) decision in Plumb v Duncan Print Group Ltd clarifies that Reg 13 (9) of the Working Time Regulations 1998 SI 1998/1833 must be read as permitting a worker to take annual leave within 18 months of the end of the year in which it accrued where he or she was unable or unwilling to take it because of sickness. The EAT also held that the worker is not required to demonstrate that he or she was physically unable to take annual leave by reason of his or her sickness in order to benefit from...

Michael Gove to Overhaul 'dysfunctional' Legal System

Posted by on July 20th 2015 in Blog Posts, Litigation

Michael Gove’s appointment as Justice Secretary has put the Court system in the spotlight once again.  In his first speech as Lord Chancellor, he set out his plans to bring redress to what he regards as a ‘failing’ justice system which benefits the wealthy who can afford to bring their disputes in London with their gold standard of British justice, whilst the majority are left at the mercy of the waste and ineffeciency of a ‘creaking, outdated system’.  His vision is a ‘One Nation’ justice policy.

One element of ‘inefficiency’ earmarked for major overhaul is the Court estate.  Michael Gove has...

Barclays faces will-writing battle

Posted by on July 16th 2015 in Blog Posts, Private Client

The recent case involving Tinoula Aregbesola and Barclays, as reported in the Law Gazette and the Daily Telegraph, highlights the importance of having an up to date will in place and one that is tailored to meet your particular circumstances.

In the case Tinoula’s father made use of Barclays’ £90 will writing service when he made his Will. In that Will her father left her half of a property worth £800,000. However when her father died the property passed automatically to her father’s wife as the surviving joint owner. Tinoula claims that Barclays failed to sever the...