Skip to main content

Archive for August, 2017

New Debt Recovery Protocol; what businesses need to be aware of...

Posted by on August 31st 2017 in Blog Posts, Debt Recovery, Insolvency

New Debt Recovery Protocol; what businesses need to be aware of...

On 1 October 2017, there will be a new Pre-Action Protocol to follow for debt claims involving businesses pursuing individuals. To be clear the new Protocol does not apply to business to business debts unless the debtor is a sole trader.

The most important change companies should be aware of is to the Letter Before Action which needs be sent by post to the debtor before proceedings are issued.

The new Protocol sets out various details that need to be included in the letter, specifically;

  • The amount of the debt and whether interest or other charges are continuing to accrue;
  • Details of how...

Can a Judgment be delivered by way of a letter to a child?

Posted by on August 30th 2017 in Blog Posts, Family

Can a Judgment be delivered by way of a letter to a child?

In Re A (Letter to a Young Person) (Rev 1) [2017] EWFC 48, a 14 year old child instructed his own solicitor and made an application to relocate to Scandinavia with his father. In the alternative he applied for more contact with his father and if his father relocated without him then he wished for some clarity regarding the contact arrangements. He was considered competent to make the application himself but his father subsequently proceeded with the application.

There were legal arguments over whether the child would give oral evidence – he and his father wanted him to do so; the...

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Posted by on August 29th 2017 in Blog Posts

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Companies should take appropriate measures to ensure their internet policies do not breach competition law, or be aware that they run the risk of having a financial penalty being imposed by the Competition and Markets Authority (‘CMA’).

Ping have been fined £1.45 million by the Competition and Markets Authority for breaching competition law with regards to their internet policy.

Ping were preventing two UK retailers from selling its golf clubs on their websites in an effort to promote in-store custom fitting. Ping acknowledged this in their statement last week by saying; "Our Internet Policy is an important procompetitive aspect of our long–standing...

General Data Protection Act Regulation; Greater Protection for Individuals

Posted by on August 27th 2017 in Blog Posts

General Data Protection Act Regulation; Greater Protection for Individuals

With cyber attacks and security breaches prominent in our minds following a series of attacks over the course of the last few months, most noteworthy of course being the attack against the NHS involving masses of personal data being held to ransom. As a result, perhaps now more than ever we are considering who holds data about us, and exactly what data they hold.

At present, Data Protection is governed by the Data Protection Act 1998 (‘DPA’) but this is due to be replaced by the General Data Protection Regulation (‘GDPR’) which comes into force on 25 May 2018. This new...

Who Owns What?

Posted by on August 24th 2017 in Property

Who Owns What?

Legal ownership is relatively easy to establish. What do the deeds say? What is more difficult to discover is what trust interests exist and what duties the legal owners may owe to others.

Determining who owns a beneficial interest in property can be done by identifying an express (or resulting trust), an implied (or constructive trust) or what is known as proprietary estoppel. There are numerous cases where the issue of beneficial interest has been discussed in a domestic context where the parties’ intentions are considered. These commonly deal with where the property has been purchased by a couple with the...

Local Solicitor Defends Lasting Powers of Attorney

Posted by on August 23rd 2017 in Kitsons News, Press Releases, Private Client

Partner and Head of Private Client, Lynn Smith from Kitsons Solicitors in Torquay has defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse.

An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.

In the foreword to a new book on the subject, Mr Lush raised concerns about the...

The Defective Premises Act 1972 in Practice

Posted by on August 23rd 2017 in Blog Posts, Property

The Defective Premises Act 1972 in Practice

The Defective Premises Act 1972 (“the 1972 Act”) charges landlords with a duty of care to anyone who it might be reasonable to expect would be affected by defects in the state of its premises.  The duty applies if the tenancy imposes an obligation on the landlord to maintain and repair the premises or if the tenancy reserves the landlord the right to enter the premises to carry out repair. 

In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the tenant’s visitor, Mr Dodd, fell down the stairs from the first floor flat to the ground floor. He...

EAT: Voluntary Overtime, Standby Allowances and call-out Payments should be Included in Holiday Pay Calculations if Sufficiently Regular

Posted by on August 7th 2017 in Employment

EAT: Voluntary Overtime, Standby Allowances and call-out Payments should be Included in Holiday Pay Calculations if Sufficiently Regular

In the landmark case of Dudley Metropolitan Borough Council v Willetts and others, the Employment Appeal Tribunal (EAT) gave the first binding decision to confirm voluntary overtime should be included in holiday pay.

The case involved 56 council workers employed as tradesmen, who worked their day jobs and also carried out voluntary overtime and other additional duties such as standby shifts and out-of-hours call outs. The regularity of these voluntary duties was decided wholly by the employees, and they were paid additional wages in respect of them, as well as receiving travel and mileage allowances. The workers brought claims in the...

Daughter Wins Inheritance Dispute

Posted by on August 7th 2017 in Contentious Probate, Private Client

Nahajec v Fowle: A Successful Claim under the Inheritance (Provision for Family and Dependants) Act 1975 

The recent County Court decision of Nahajec v Fowle has seen an estranged daughter awarded £30,000 under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) after successfully claiming her father’s Will did not make reasonable provision for her.

The facts were as follows:

  • The Claimant was one of three children of the deceased. One sibling had already settled an earlier claim for a sum of £22,000.

  • The Claimant and the deceased had limited contact over the years, though...

UK First: Requesting to the Court of Another Country

Posted by on August 4th 2017 in Blog Posts, Family

UK First: Requesting to the Court of Another Country

Kitsons Family Law Solicitor, Carolyn Croft, has been involved in a UK first - involving the power to submit a request to the court of another country for authorisation to exercise jurisdiction under Article 9 of the 1996 Hague Convetion.

The case included disputes surrounding the living and contact arrangements for two boys (A & B) after their parents' separation. After separating in July 2014 the mother who is originally from Norway, wanted to go back to her home country with both children. The English family court had concluded in 2015 with the mother consenting for one of the children...

  • Pages
  • 1

Categories

Authors

Archive