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The March of the Pop Up

Posted by on June 21st 2017 in Blog Posts, Commercial Property

The March of the Pop Up

We have witnessed an unprecedented change to the high street scene. The recession saw off Woolworths, MFI, Austin Reed, BHS to name a few of the old stalwarts.  Changes in technology and habits have seen to the loss of Blockbuster, HMV and smaller independent operators, to produce a homogenous and boringly predictable retail offering up and down the high street. 

In their wake we have witnessed a proliferation of charity shops, surviving by minimising base cost, enjoying tax breaks and stripped down staffing costs.  The over supply (or rather poor demand for high street retail positions) has also seen the emergence...

The Kitsons Devon Classic Bike Ride 2017

Posted by on June 19th 2017 in Kitsons News

The Kitsons Devon Classic Bike Ride 2017

The Kitsons Devon Classic Bike Ride 2017 will be taking place on Sunday 9th July 2017, and registrations are now open!

The event offers something for cyclists of all ages and abilities, with three different routes of varying distance covering the beautiful Devon countryside.

There’s fun to be had for the whole family on the 25-mile ride, while hardy cycling enthusiasts looking for a bigger challenge can take on the 60 or 100-mile routes. New for 2017, the event will start and finish at Bicton College, where all supporters, friends and family will have the opportunity to see riders go over the...

Can Paying For Your Purchasers Fees Reduce Your Capital Gains Liability?

Posted by on June 15th 2017 in Blog Posts, Property

Can Paying For Your Purchasers Fees Reduce Your Capital Gains Liability?

When calculating your capital gains liability there are certain costs that are deductable under S38(1) of the Taxation of Chargeable Gains Act 1992. The following items can be deducted from your gain:-

  • The original acquisition value;
  • The value of enhancing the asset;
  • The value of establishing, preserving or defending the title and right over the asset; and
  • The incidental costs of the disposal

When you deduct all of the above from the sale price you are left with the gain which is then subject to capital gains tax.

Incidental costs of disposal include certain costs of the vendor i.e. legal fees etc; however the First Tribunal...

Exeter's Legal Community Raises £2,780 for City Tribute

Posted by on June 7th 2017 in Kitsons News, Press Releases

Members of Exeter‘s legal community raised over £2,500 for the creation of a permanent cultural tribute to the buildings that perished in last year’s Cathedral Yard fire.

Property Search Group came up with the idea of bringing together Exeter’s law firms to raise money for the Historic Exeter Fire Appeal, by commissioning and auctioning a painting of a day in the life of Southernhay, traditionally the city’s legal hub.  The unique and quirky painting, created by Devon artist and illustrator Sara Nunan, features the city’s solicitors and barristers enjoying their hobbies and interests from surfing to singing and rugby to reading....

Whistleblowing is belief whether a disclosure protected important?

Posted by on June 1st 2017 in Blog Posts, Employment

Whistleblowing is belief whether a disclosure protected important?

Case Report - Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401

Background:

In this case the Court of Appeal held that in a case concerning a whistleblowing dismissal, it does not matter if the employer genuinely believed that a disclosure was not protected. If the disclosure satisfies the objective test set out in Part IVA of the Employment Rights Act 1996, then it is a protected disclosure. To recap, the test relating to a protected disclosure (in brief) is as follows:

  1. It must be a qualifying disclosure. In order to be qualifying, the employee must have the reasonable...

Guardianship (Missing Persons) Act 2017 – “Claudia’s Law” receives Royal assent

Posted by on May 31st 2017 in Blog Posts

Guardianship (Missing Persons) Act 2017 – “Claudia’s Law” receives Royal assent

The Guardianship (Missing persons) Act 2017 received royal assent on the 27th April 2017 .

This new act aptly nicknamed ‘Claudia’s Law’ arose from the case of Claudia Lawrence who disappeared on her way to work at the University of York in 2009. Her family tirelessly campaigned for legislation that would alleviate some of the stress endured by the families of missing persons.

It is estimated that 1% of the 250,000 people who go missing from the UK every year remain missing for more than a year.

Families not only have to deal with the trauma and stress of missing their loved one,...

River Responsibilities

Posted by on May 31st 2017 in Blog Posts

River Responsibilities

If you live by certain rivers, streams or other watercourses there may be rights and responsibilities that automatically apply and which you must adhere to. Rights and responsibilities relating to such watercourses are referred to as “riparian”, and it is important to identify whether you are the ‘riparian landowner’, and to understand your rights and obligations. In cases where you lease or rent river or watercourse bordering land, it is crucial to  agree with your landlord who will  undertake those responsibilities and who will enjoy the riperian rights.

 

What part of the watercourse do you own?

If the watercourse adjoins any...

Does Possession Still Amount to 9/10 of the Law?

Posted by on May 24th 2017 in Litigation, Property

A series of high profile squatter claims involving expensive West London properties led to significant reform of the right for squatters to claim ownership of occupied land.  

To make a successful claim for adverse possession one must prove uninterrupted factual possession for a certain period of time. To be in factual possession a squatter must exert exclusive control over the land while treating the land as if they were the owner occupier.  There must also be intention to possess the land during the relevant period. Where the intention is equivocal, corroborative evidence will be required.

Being successful with an adverse possession...

Public Policy and the Modification of Restrictive Covenants

Posted by on May 23rd 2017 in Blog Posts

Public Policy and the Modification of Restrictive Covenants

Background

The developer, Millgate Developments Limited ( Millgate), built social housing on land which was subject to a restrictive covenant. The restrictive covenant prohibited building on land which backed onto a children’s hospice. Whilst Millgate were aware of the restrictive covenant they built nine houses and four bungalows on the land regardless. There was no evidence that Millgate had attempted to identify or contact those with the ability to enforce the covenants.

Once the development had been completed Millgate applied to the tribunal to ask the tribunal to exercise its discretion and modify a restrictive covenant so that it was no...

Update - Increase in Probate Fees Scrapped

Posted by on May 17th 2017 in Blog Posts, Private Client

Update - Increase in Probate Fees Scrapped

We recently produced a note on the increase of probate fees which were due to come into force from as early as May 2017.  The new provisions were intended to replace the current flat fee system of either £155 for an application made by a solicitor or £215 for an application made by an individual regardless of the value of the estate, with a system of bands starting from £50,000, relating to the size of the estate, which would have seen fees payable on estates rise between 40% to a staggering 9,202%.

However, in light of the general election being trigged...

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