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Author Archive: Kitsons Solicitors

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...

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...

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...

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

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

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

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....

The Pitfalls of Property Guardians

Posted by on April 26th 2017 in Blog Posts, Conveyancing

Due to the rise of so called “professional squatters”, property guardians are often enlisted to live in property, which would otherwise be left empty. Guardians are offered low rent accommodation, their presence deterring squatters, arson and vandalism. To reflect a temporary living arrangement, licences rather than a lease is given. Licences are granted as licences are believed to not offer the tenant the same protections of a lease. Recently, however the decision by the Bristol County Court in Camelot Property Management v Roynon (unreported) has shown that property guardianship schemes may not be a risk free temporary arrangement for landowners!

Bristol...

E-Conveyancing - a Move with Times?

Posted by on April 26th 2017 in Blog Posts, Conveyancing

E-Conveyancing - a Move with Times?

A Digital signature has made its first appearance in a residential property transaction.

An electronic signature was used for the first time to exchange contracts in a residential property transaction on the 6th April 2017 at exactly 15:39. This marked the beginning of E-conveyancing and potentially laid down the first brick for the path of the future. 

Solicitors acting on both sides uploaded the agreed contract onto one of the registered secure systems, which was then sent to the respective seller and purchaser to electronically sign. The system was then able to confirm that the document was read and signed,...

President of the Solicitors for the Elderly Praises Kitsons Solicitors

Posted by on April 25th 2017 in Press Releases, Private Client

President of the Solicitors for the Elderly Praises Kitsons Solicitors

Lynn Smith a Partner and head of department at local law firm Kitsons Solicitors and Marjorie Creek a Private Client Solicitor in their Plympton branch, both full accredited members of Solicitors for the Elderly, have been singled out for praise by Anne Edis, President of the Solicitors for the Elderly.

The SFE is an independent, national organisation of over 1,500 solicitors, barristers and chartered legal executives, committed to providing the highest quality of legal advice for older and vulnerable people, their families and carers. It has campaigned hard, alongside other organisations, to have the draft Non-Contentious Probate...

The End of Tenants Abuse?

Posted by on April 24th 2017 in Blog Posts

The End of Tenants Abuse?

The Government announced in the 2016 Autumn Statement that it intended to hold a consultation on introducing a ban on letting agents charging residential tenants a fee for finding accommodation. This consultation is due to end on 2nd June 2017. The consultation relates to England. Scotland, with its usual more enlightened approach to such matters, has already banned such fees. The position is under review in Northern Ireland and Wales. It is anticipated that the ban will lead to a “better and more transparent service” and increase competition between agents. It is also intended that it will prevent a tenant...

Isle of Wight Council v Platt [2017]

Posted by on April 18th 2017 in Blog Posts

Isle of Wight Council v Platt [2017]

Isle of Wight Council v Platt [2017]: Supreme Court rules parents can be prosecuted for taking children out of school without permission

On 6 April 2017 the Supreme Court unanimously ruled that a child fails to attend school regularly if they fail to comply with the rules prescribed by the school. Therefore, as set out in Section 444(1) of the Education Act 1996 (the Act), in this case Mr Platt was guilty of an offence:

444. Offence: failure to secure regular attendance at school of registered pupil.

  1. If a child of compulsory school age who is a registered pupil at a...

What Makes a House a House?

Posted by on April 17th 2017 in Blog Posts, Property

What Makes a House a House?

In Grosvenor (Mayfair) Estate v Merix International Ventures Ltd & Another [2017] EWCA Civ 190 the Court of Appeal had to consider what makes a property a house.  If a property is a “house” under the Leasehold Reform Act 1967 (the ’67 Act), then a tenant may be entitled to purchase the freehold or extend their lease. The Court had to apply the law to the facts to determine the entitlement of the tenant.

Certain criteria must be fulfilled to entitle a tenant to enfranchise or extend. The tenant must hold a long leasehold of the property (more than 21 years)...

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