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Author Archive: Kitsons Solicitors

New Sponsor Named for Glittering Teignbridge Sports Gala

Posted by on September 5th 2014 in Kitsons News, Press Releases

New Sponsor Named for Glittering Teignbridge Sports Gala

Devon law firm Kitsons has been unveiled as the new headline sponsor for Teignbridge District Council’s Sports Personality Awards.

The Torbay, Exeter and Plymouth business responded to a plea from the district council which was looking for a new primary sponsor for the annual ceremony which celebrates the best in community sport, physical activity and health.

This year’s Sports Personality Awards will be held on Friday 28 November at the Langstone Cliff Hotel, Dawlish Warren.

The awards gala has become one of the largest of its kind, recognising and rewarding a number of athletes, teams, volunteers, coaches, and unsung heroes for their hard...

Lease Permitted Use Restrictions Can Breach The Competition Act 1998

Posted by on September 1st 2014 in Blog Posts, Property

The Central London County Court has ruled that a user restriction in a lease breaches the Chapter I prohibition in the Competition Act 1998.

The Chapter I prohibition prohibits certain agreements that are deemed to be anti-competitive. These include agreements that have an effect on trade and restrict competition. Since 6 April 2011, the Chapter I prohibition has applied uniformly to all land agreements without exception, in just the same way as it applies to any other type of agreement.

Article 9(1) of the Competition Act contains criteria for agreements to be exempt from the Chapter I prohibitions.

It is relatively common for...

Tenants Beware - Break Clause Date and Rent Refunds

Posted by on August 29th 2014 in Blog Posts, Property

In the recent case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2014] EWHC 1279 (Ch) the Court of Appeal considered whether a tenant who has exercised a break right should be refunded rent and other payments relating to the period after the break date.

Generally for a break notice to be effective, a tenant will have to ensure that the rent and other payments (eg. insurance rent, service charge, interest etc) are paid up-to-date in accordance with the terms of the lease. This may well include paying the rent and...

Rowcroft Sleep Walk 2014

Posted by on July 14th 2014 in Kitsons News

The Sleep Walk 2014

On Saturday 26th July seven members of staff at Kitsons will be taking part in South Devon’s biggest night walk aiming to walk the full 10 miles in aid of Rowcroft Hospice.

The atmosphere on the night will be incredible with over 1,500 ladies coming together to support Rowcroft. In the last three years the Sleepwalkers have raised a staggering £500,000 for the hospice. All funds raised from the event will go towards supporting the hospice’s vital work, providing care and support to over 1,800 patients and their families across South Devon each year. 

Donations can be made via http://uk.virginmoneygiving.com/team/Kitsons3  or...

Kitsons Sponsor Children's Hospice South West Nurse

Posted by on June 12th 2014 in Kitsons News, Press Releases

Kitsons Sponsor Children's Hospice South West Nurse

Kitsons has become the first local business to directly fund a children’s hospice nurse at Children’s Hospice South West (CHSW), Little Bridge House in Fremington, North Devon.

The firm of solicitors, which has offices in Exeter, Torquay and Plymouth, has pledged £1,000 towards CHSW’s ‘Sponsor a Nurse’ campaign, an exciting new corporate initiative that allows business to contribute directly to the vital funding of a nurse for the hospice.  The initiative is asking 30 local businesses to contribute £1,000 each to collectively cover the cost of a qualified children’s nurse for a year. Kitson’s contribution will directly help fund paediatric nurse, Lorraine...

Estate Agents and Sellers - Property Information Legislation Changes

Posted by on June 10th 2014 in Blog Posts, Property

Estate agents and house sellers now have a duty to inform potential buyers and even potential property viewers about certain information that may affect their decision to purchase a property and land.

The Consumer Protection from Unfair Trading Regulations (SI 2008/1277) (‘CPR’) came into force on 26 May 2008, and these Regulations primarily deal with business-to-consumer practices. In addition the Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276) (‘BPR’) came into force on 26 May 2008 and primarily deal with business-to-business advertisements and activities.

In light of the Property Misdescriptions Act 1991 repeal taking effect on 1 October 2013, and effectively...

Call for Cyclists To Support Hospiscare

Posted by on March 4th 2014 in Kitsons News, Press Releases

Call for Cyclists To Support Hospiscare

Lycra-clad cycling enthusiasts are being called to take part in the Kitsons Devon Classic Bike Ride which is supporting local charity Hospiscare in 2014.

The popular bike ride, taking place on Sunday July 20, features a challenge for all cycling abilities across a choice of three routes, adding a different element to the event and allowing individuals to pick between 55, 85 and 100 mile routes.

Each course starts and finishes at David Lloyd Club, Exeter, and will take the cyclists out into the beautiful Devon countryside. 
Another added element to this year’s event comes at the end of the ride where...

Exeter Law Firm Appoints New Head of Insolvency

Posted by on February 26th 2014 in Kitsons News, Press Releases

Kitsons has announced the appointment of insolvency specialist Andrew Pay as its new Head of Insolvency.

Andrew replaces Emma Davy as Head of Insolvency in the firm’s Exeter office with the role of leading Kitsons’ Insolvency Team, building on existing valuable contacts, driving expansion and developing relationships with new clients across the South West.

Formerly an Associate Solicitor with Ashfords LLP, Andrew has more than 10 years experience dealing with personal and corporate insolvency matters, as well as advising construction teams on issues such as those arising from a company’s failure, claims by subcontractors, retention of title claims and investigations by liquidators. 

Andrew...

Simon Armitage

Posted by on February 21st 2014 in Statements

“With immediate effect, Simon Armitage no longer works for Kitsons Solicitors.

Simon joined Kitsons as a Partner on 1st June 2013 to specialise in residential Conveyancing and Probate work, bringing with him his practice Armitage & Co. Both parties had wanted to merge Simon’s clients into Kitsons where they could be offered a wider range of advice and assistance.

In February 2014 Kitsons received a complaint from one of Simon’s clients, an internal investigation followed during which what appeared to be evidence of financial irregularities on a small number of files brought to the firm by Simon were reported to the Solicitors...

Covert Recordings

Posted by on August 22nd 2013 in Blog Posts, Employment

I recently received a call from a client, about an employee who had covertly recorded a disciplinary meeting. My client was understandably aggrieved as they felt that the employee’s actions were underhand and breached their privacy. My client wanted to know whether the recording could be used if there was subsequent Employment Tribunal (ET) litigation.

Covert recordings are not uncommon. They take place in workplace meetings regarding redundancy, performance and disciplinary issues.

The issue of covert recordings has been considered by the Employment Appeal Tribunal (EAT), in the 2006 case of Chairman and Governors of Amwell View School v Dogherty  and recently...

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