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Archive for October, 2017

Kitsons Demonstrates Continued Success In New Legal 500 Rankings

Posted by on October 31st 2017 in Press Releases

Kitsons Demonstrates Continued Success In New Legal 500 Rankings

Leading Devon law firm Kitsons has been recognised in the latest edition of the Legal 500 – the prestigious guide to the UK legal profession. The Legal 500 is an independent legal guide, recommending and ranking law firms and lawyers based on positive client and external feedback.

Kitsons has been ranked in six practice areas in the South West section of the 2017 guide; Employment, Private Client, Corporate and Commercial, Dispute Resolution, Family and Real Estate.   

The number of Recommended Lawyers has increased to 16, with one Partner, David Turner, listed as a ‘Leading Individual’ in this year’s publication....

Thriving At Work - How Do We Improve The Mental Health & Financial Stability Of Our Organisations?

Posted by on October 31st 2017 in Blog Posts, Employment

Thriving At Work - How Do We Improve The Mental Health & Financial Stability Of Our Organisations?

Last week saw the release of the report “Thriving at work”,  The Stevenson / Farmer review of mental health in the workplace. It came out with a great fanfare having been commissioned by the Prime Minister in January 2017.

The report’s authors have a vision that they believe is realistic within a 10 year time frame to ensure that employers create the right environment for employees with mental health who require support.

It is interesting that even in writing an article I am struggling to find the right terminology, and that is one of the areas we need to address as...

Right to Equality

Posted by on October 30th 2017 in Blog Posts

Right to Equality

EHRC calls for a “constitutional right to equality” to guarantee employment protections

Following comments made by David Jones MP last year that the Great Repeal Bill would convert existing EU law into domestic law “wherever practical”, the Equality and Human Rights Commission (EHRC) has called on the government to introduce a “constitutional right to equality” to guarantee employment protections post-Brexit.

According to the EHRC the right to equality should be included in the EU Withdrawal Bill in order to protect the UK’s domestic equality protections post-Brexit.   Without this protection, it would mean that following Brexit people could be in a weaker position...

Proposals to Ban Gazumping and Gazundering

Posted by on October 30th 2017 in Blog Posts, Property

More Certainty for Home Buyers and Sellers: Proposals to Ban Gazumping and Gazundering

Gazumping: where sellers accept a higher offer, having already accepted another buyer’s offer.

Gazundering: where homebuyers threaten not to complete a sale unless money is knocked off the price at the last minute.

Currently, buyers and sellers alike can do nothing to stop either Gazumping or Gazundering hindering a property sale, which causes uncertainty and leads to wasted costs on both sides of the transaction.  

Paula Higgins, chief executive of the Homeowners Alliance said:

“Gazundering, gazumping, collapsing chains, and one in three sales falling through. It takes too...

Parental Bereavement (Pay and Leave) Bill

Posted by on October 27th 2017 in Blog Posts, Employment

Parental Bereavement (Pay and Leave) Bill

The Parental Bereavement (Pay and Leave) Bill was published on the 13th October 2017 with its second reading having taken place on the 20th October 2017.  The Bill follows on from the Parental Bereavement Leave (Statutory Entitlement) Bill from 2016-17 which was sponsored by Will Quince MP but failed to progress before the General Election.

The Bill is a Private Members’ Bill having been introduced by MP Kevin Hollindrake. The Government has backed this Bill and the Conservative Governments Manifesto prior to the 2017 General Election included a new entitlement for parental bereavement leave. The Bill therefore has a strong chance...

Filing of 'Electronic Bill of Costs' to be Delayed

Posted by on October 24th 2017 in Blog Posts

It was previously thought that the introduction of the New Electronic Bill of Costs would come in October 2017 requiring parties to file an electronic bill of costs in both the Senior Courts Costs Office and the County Courts. However, the Civil Procedure Rules Committee has delayed the introduction of the bill until April 2018 due to the need to ensure that the County Courts IT infrastructure can handle the electronic filing of costs.

The change is to encourage efficient production of bills and Lord Justice Jackson has made the recommendation that firms review their time recording systems so that...

County Court Work Increasing

Posted by on October 10th 2017 in Blog Posts

Figures from the Ministry of Justice reveal that there has been an increase in all work at the County Courts between January to March 2017.

The rise has been down to an increase of personal injury cases which were up by 10% and a rise of specified money claims which were up by 22%.  In the first quarter of 2017 over half a million claims were lodged at the County Courts, making it the highest figure since 2009!

The Ministry of Justice findings in the quarterly statistical update showed that where matters were defended, 56% had legal representation for both claimant and...

Kitsons' Employment Practical Leadership Programmes

Posted by on October 6th 2017 in Employment, Kitsons News

Kitsons Employment Team are pleased to announce a series of seminars aimed at those with HR Management responsibility in their organisation.

The seminars are scheduled to run across the course of the next six months, coverting all aspects of HR within the business. Spaces will be limited, with just 12 attendees for each workshop to allow maximum interaction and engagement.

The sessions will be half a day (9.15am start) with lunch, closing at 2.00pm, held at our Exeter office: Exeter: Kitsons LLP, The Forum, Barnfield Road, Exeter, Devon, EX1 1QR

Working with Millennials

Exeter: Thursday 2nd November...

New CNG Form For Land Registry

Posted by on October 4th 2017 in Blog Posts, Property

New CNG Form For Land Registry

The Land Registry has introduced a form (form CNG) to enable the registered proprietor of a property to update their name on the register following a change of gender. There is no cost for making the application however the form must be accompanied by some form of evidence – a gender recognition certificate, new birth certificate or a UK medical practitioner’s letter. If the proprietors chosen evidence is the practitioner’s letter then it must confirm that they have lived in their new gender for two years and are now known as the name specified on the form.   There are procedural...

No Duty To Point Out Other Sides Mistake

Posted by on October 4th 2017 in Blog Posts

No Duty To Point Out Other Sides Mistake

In Higgins & Ors v ERC Accountants & Business Advisers Ltd the Claimant had failed to validly serve a claim form with their claim. 

The Claimant’s solicitors argued that the defendants were taking advantage of the mistake that had been made.

Judge Pelling QC held that the mistake of not serving the claim form was not a trivial and described it as the most basic step in ligation.  Judge Pelling rejected the argument that the defendant solicitors should have pointed out the mistake and were under no duty to correct the error.  In his view, had they pointed out the error they...

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