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Author Archive: Alice Darch

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...

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...

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...

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...

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...

Preventing the Sale of Marital Property on Divorce

Posted by on July 28th 2017 in Blog Posts, Family, Litigation, Property

Preventing the Sale of Marital Property on Divorce

S39(1) Senior Courts Act 1981 (“the Act”) allows the Court to make an order requiring a person to execute a conveyance, contract or document. If that person fails to execute such documents then a person nominated by the Court can sign on behalf of that person if they neglect or refuse to comply with the order or they cannot be found.

In the case of Welch v Welch [2017] Mr Welch obtained an order  which required his wife to sign the Conveyancing documentation in the sale of their property (a property in which Mrs Welch only held a 1% beneficial ownership). Despite the...

Notice to Quit: The Devil Really is in the Detail

Posted by on July 3rd 2017 in Blog Posts, Conveyancing

Notice to Quit: The Devil Really is in the Detail

The first few pages of a properly drafted lease should identify the address of the parties, and include express provision for the service and deemed service of notices, including where notices must be served.  One would imagine in a lease that did not contain express words to the contrary, that it would not be unreasonable to use the addresses detailed in the lease to contact the parties.  What address however should be used if you do know of an alternative address?  This was the question that faced the Court of Appeal in  Grimes v The Trustees of the Essex Farmers...

Solar Panels - One Legal Pitfall!

Posted by on June 30th 2017 in Blog Posts, Commercial Property

Solar Panels - One Legal Pitfall!

The Landlord and Tenant Act 1954 (“the 54 Act”) confers security of tenure on business leases.  Security of tenure - the right of a tenant to continue to occupy premises after the lease has expired and to renew the lease, is an obvious benefit for a tenant. In the context of roof space leases, the question is posed whether such a grant could confer security under the 54 Act?

In order to benefit from the provisions of the 54 Act, a lease for solar panels must be a “business lease”. The 54 Act defines a lease as a business lease if...

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...

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...

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