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The March of the Pop Up

Posted by on June 21st 2017 in Blog Posts, Commercial Property

The March of the Pop Up

We have witnessed an unprecedented change to the high street scene. The recession saw off Woolworths, MFI, Austin Reed, BHS to name a few of the old stalwarts.  Changes in technology and habits have seen to the loss of Blockbuster, HMV and smaller independent operators, to produce a homogenous and boringly predictable retail offering up and down the high street. 

In their wake we have witnessed a proliferation of charity shops, surviving by minimising base cost, enjoying tax breaks and stripped down staffing costs.  The over supply (or rather poor demand for high street retail positions) has also seen the emergence...

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...

Whistleblowing is belief whether a disclosure protected important?

Posted by on June 1st 2017 in Blog Posts, Employment

Whistleblowing is belief whether a disclosure protected important?

Case Report - Beatt v Croydon Health Services NHS Trust [2017] EWCA Civ 401

Background:

In this case the Court of Appeal held that in a case concerning a whistleblowing dismissal, it does not matter if the employer genuinely believed that a disclosure was not protected. If the disclosure satisfies the objective test set out in Part IVA of the Employment Rights Act 1996, then it is a protected disclosure. To recap, the test relating to a protected disclosure (in brief) is as follows:

  1. It must be a qualifying disclosure. In order to be qualifying, the employee must have the reasonable...

Guardianship (Missing Persons) Act 2017 – “Claudia’s Law” receives Royal assent

Posted by on May 31st 2017 in Blog Posts

Guardianship (Missing Persons) Act 2017 – “Claudia’s Law” receives Royal assent

The Guardianship (Missing persons) Act 2017 received royal assent on the 27th April 2017 .

This new act aptly nicknamed ‘Claudia’s Law’ arose from the case of Claudia Lawrence who disappeared on her way to work at the University of York in 2009. Her family tirelessly campaigned for legislation that would alleviate some of the stress endured by the families of missing persons.

It is estimated that 1% of the 250,000 people who go missing from the UK every year remain missing for more than a year.

Families not only have to deal with the trauma and stress of missing their loved one,...

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...

Public Policy and the Modification of Restrictive Covenants

Posted by on May 23rd 2017 in Blog Posts

Public Policy and the Modification of Restrictive Covenants

Background

The developer, Millgate Developments Limited ( Millgate), built social housing on land which was subject to a restrictive covenant. The restrictive covenant prohibited building on land which backed onto a children’s hospice. Whilst Millgate were aware of the restrictive covenant they built nine houses and four bungalows on the land regardless. There was no evidence that Millgate had attempted to identify or contact those with the ability to enforce the covenants.

Once the development had been completed Millgate applied to the tribunal to ask the tribunal to exercise its discretion and modify a restrictive covenant so that it was no...

Update - Increase in Probate Fees Scrapped

Posted by on May 17th 2017 in Blog Posts, Private Client

Update - Increase in Probate Fees Scrapped

We recently produced a note on the increase of probate fees which were due to come into force from as early as May 2017.  The new provisions were intended to replace the current flat fee system of either £155 for an application made by a solicitor or £215 for an application made by an individual regardless of the value of the estate, with a system of bands starting from £50,000, relating to the size of the estate, which would have seen fees payable on estates rise between 40% to a staggering 9,202%.

However, in light of the general election being trigged...

Government Legal Service v Brookes

Posted by on May 16th 2017 in Blog Posts, Employment

Multiple Choice Assessment taken by Applicant with Aspergers Subjected Her to Indirect Disability Discrimination

In the recent ruling, Government Legal Services v Brookes UKEAT/0302/16, the Employment Appeals Tribunal (EAT) upheld the decision of an Employment Tribunal that requiring a job applicant with Aspergers to take a multiple choice test as part of the recruitment process amounted to indirect discrimination.

The Facts

Ms Brookes applied for a position with the Government Legal Service (GLS) whose jobs are highly sought after and whose recruitment is notoriously competitive. Applicants are required to complete and pass a multiple choice situational judgement test in order to...

Online Database of Criminal Landlords

Posted by on May 16th 2017 in Blog Posts, Commercial Property , Contentious Probate, Property

Online Database of Criminal Landlords

Mayor of London to introduce a new online database of criminal landlords and letting agents

The Mayor of London, Sadiq Khan, announced on 26 April 2017 that a new online database will be launched in the autumn to “name and shame” criminal landlords and letting agencies who have been successfully prosecuted for housing offences.

There is an estimated 2 million private renters in London and therefore by introducing the online database the Mayor believes that it will give renters greater confidence in renting in London by giving them the opportunity to check prospective landlord or letting agents before entering into a...

My Month Working in London

Posted by on May 15th 2017 in Blog Posts

In October 2016, after working in the Commercial Disputes department at Kitsons for just shy of six months, I was given the opportunity to complete a month long secondment for one of the firm’s London based clients, working in their in-house legal team.

I have always been drawn to the hustle and bustle of the “big city”, and as a student I certainly pictured myself completing a stint in London at some point during my working life. I therefore jumped at the chance to finally experience the London lifestyle for myself. 

While most secondments cover a general...

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