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Author Archive: Kitsons Solicitors

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)...

Can you Enjoy an Easement to use a Golf Course, Swimming Pool and Tennis Court ?

Posted by on April 15th 2017 in Blog Posts, Property

In the case of Regency Villas Title Ltd v others v Diamond Resorts (Europe) Ltd and another [2017] EWCA Civ 238 (“Regency”), the Court of Appeal considered whether the right granted to use a golf course, swimming pool and tennis court was capable of forming a legal easement.   Regency explored the test established in Re Ellenborough Park  [1955] EWCA Civ 4 where the Court of Appeal had to consider the validity of easements, of various kinds, to enjoy recreational facilities.

Regency Villas Title Ltd was the freehold owner of Elham House which lies in...

New Tax & Corporate Partners for Devon Law Firm

Posted by on March 31st 2017 in Corporate, Kitsons News, Press Releases, Private Client

New Tax & Corporate Partners for Devon Law Firm

Devon law firm Kitsons announces two new partner promotions in its Tax Planning and Corporate teams.

With effect from 1st April 2017 Jonathan Dickson and Corri Pedrick, both solicitors in the firm’s Torquay office, will be promoted to Partners.

Corri Pedrick is a solicitor within the firm’s Corporate Department. She has particular interest in commercial drafting and is particularly skilled at assessing risk within commercial agreements. The firm’s Corporate Department’s work is well recognised in both Chambers UK and The Legal 500.

Jonathan Dickson is dual qualified as a Private Client Solicitor and taxation technician. He has particular expertise in tax...

Leading Law Firm Appoint New Associates

Posted by on March 27th 2017 in Press Releases

Leading Law Firm Appoint New Associates

Kitsons Solicitors are pleased to announce that Rory Wakeling and John Clarke have been promoted to Associates.

Rory Wakeling, who trained with Kitsons qualifying as a solicitor into Kitsons Employment law team in 2013 and consistently praised by clients for his “clear, concise and thorough advice” said: “I’m thrilled to have been promoted to Associate. Kitsons has a brilliant ethos and culture. I work alongside some great people, great clients and I am proud to work for Kitsons. I am excited to be part of the Firm’s continued growth and success.”

John Clarke based at Kitsons Torquay Office,...

Top Award for Kitsons Solicitors Supporting Elderly Clients

Posted by on March 21st 2017 in Press Releases, Private Client

Private client Solicitor Marjorie Creek, who works at local law firm Kitsons Solicitors in their Plympton office, has been recognised with a prestigious elderly care qualification.

After passing the ‘Older Client Care in Practice’ award, Marjorie undertook further study and passed the ‘Older Client Law in Practice’ award to become a fully accredited member of Solicitors for the Elderly (SFE) and will join Kitsons Partner, Lynn Smith who acquired the SFE award several years ago.

 

Marjorie is also a registered nurse, so has extensive experience of caring for and working with vulnerable people of...

International Women's Day

Posted by on March 9th 2017 in Blog Posts

To celebrate International Women's Day our Plymouth Office came together to share their goals for this year.

International Women's Day is a global event celebrating the social, economic, cultural and political achievements for women. The day also marks an action for accelerating gender parity.

#BeBoldForChange

 

Overview of the Enforcement Process

Posted by on March 2nd 2017 in Blog Posts, Insolvency

Overview of the Enforcement Process

Before commencing enforcement action you will need to consider whether the debtor can afford to pay the judgment debt. You have spent money obtaining a judgment and you want to be sure that the debtor has sufficient means to pay before spending more money on enforcement action. If you know the debtor well, you might already know about their assets, income and property. If you don’t know if the debtor has means to pay, you might want to consider asking the court for an order that the debtor attends court for questioning. The court will then obtain this information from...

The Insolvency Rules 2017

Posted by on March 2nd 2017 in Blog Posts, Insolvency

An Overview of Changes

The changes to the Insolvency rules  take effect from 6 April 2017.  The new rules aim to ‘facilitate, and achieve a more effective, efficient and transparent insolvency process’. There are three main purposes to the new rules:

  1. To consolidate The Insolvency Rules 1986 with the 28 updates that have been added to the rules since they came into force in 1986.
  2. To restructure the rules and update the language, including gender neutral referencing.
  3. To modernise the rules. In particular, to allow for updated methods of communication such as using  electronic communication instead of paper documents  and physical meetings, and...

New Leasehold House-Solicitors Maybe Negligent for Failing to Advise on Ground Rent

Posted by on February 3rd 2017 in Blog Posts

New Leasehold Houses have become increasingly common although it is often difficult to see any real benefit for the purchaser.  There have been a number of instances recently where the ground rent has started at a low level but the freehold has been sold and the new freeholder has demanded large sums, in some cases thousands of pounds, for the purchase of the freehold.

Nicholas Johnson a Partner and Professional Negligence Specialist at Kitsons says.

“New Leasehold houses are increasingly common.  It is clearly part of a conveyancing solicitors duty to understand the ground...

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