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Archive for the: Blog Posts category

Apprenticeships - Getting the Law Right

Posted by on September 3rd 2015 in Blog Posts, Employment

We are all aware of the advantages that Apprenticeships provide to both the company and the apprentice. Our organisation has first hand experience of the benefits of employing an apprentice and it has proven to be an incredibly beneficial experience for all.

The law around apprentices is relatively straight forward, but it is essential that the organisation gets it correct from the outset or you may fall foul of the legislation if things do not work out with the apprentice. It could mean they have enhanced rights upon termination, so making it far more difficult to terminate the arrangement. If an apprentice...

Business Tax Returns - What's the Real Story?

Posted by on August 19th 2015 in Blog Posts, Insolvency

Whilst many of us gladly welcome the summer season, for many small and medium enterprises (“SMEs”) across England, this time of year does not necessarily bring the same sense of appeal.

31 July 2015 – doomsday or just another date for the diary?

Friday 31 July 2015 marked the deadline for SMEs paying self-assessment tax to have filed their returns for the year. Accordingly an up-front payment for 50% of their annual tax liability was required in a one-off, lump sum.

Payment of this tax is notoriously problematic for many enterprises across the country. In fact, it is not unheard of for an...

Relief from Sanctions

Posted by on August 6th 2015 in Blog Posts, Litigation

The Court of Appeal has overturned a Judgment criticised for imposing draconian sanctions on a law firm for missing four cost deadlines.  The decision by Lord Justice Richards in the case of Michael Wilson & Partners Ltd v Sinclair & others [2015] EWCA Civ 774 (23 July 2015) has confirmed the position in Denton, and effectively ‘reversed’ the earlier decision of Mitchell.  

In Denton v TH White Ltd & another [2014] EWCA Civ 906 the Court set new guidance for assessing whether relief from sanction should be granted for non-compliance with Court orders. Emphasis was placed on requiring the Court to...

Reform of Court Structure

Posted by on August 3rd 2015 in Blog Posts, Litigation

Alongside the intended wholesale overhaul of the Justice system recently announced by Michael Gove, the Ministry of Justice is also pressing ahead with existing plans to reform the Courts and Tribunals.

The programme of reform was announced by the Ministry of Justice in March 2014, and is expected to yield savings of £100 million per year by 2019.  The reform was intended to focus on the following areas:

  1. Modernisation of technology and IT systems to enable electronic case management;
  2. Introduction of an online self-service system for Court users;
  3. Video links, wifi and digital presentation of documents in Court;
  4. Modernisation of Court buildings and facilities; and
  5. Upgraded...

Patterson v Castlereagh Borough Council [2015] NICA 47

Posted by on July 30th 2015 in Blog Posts, Employment

The law surrounding the calculation of holiday pay is in a state of evolution. The starting position is that employees are entitled to receive ‘normal remuneration’ during periods of annual leave. However what is considered ‘normal remuneration’? It seems it is a fluid concept at the moment.

Last year the decision in Bear Scotland established that the types of payments that should be considered ‘normal remuneration’ include:

  • Commission payments.
  • Guaranteed and non-guaranteed overtime payments.
  • Standby payments
  • Emergency call-out payments.
  • Bonuses for attendance and performance (excluding bonus’s that are based on service or departmental performance rather than individual, unless taking holiday will negatively affect the bonus payment).
  • Acting-up...

Plumb v Duncan Print Group Ltd

Posted by on July 27th 2015 in Blog Posts, Employment

The Employment Appeal Tribunal's (EAT) decision in Plumb v Duncan Print Group Ltd clarifies that Reg 13 (9) of the Working Time Regulations 1998 SI 1998/1833 must be read as permitting a worker to take annual leave within 18 months of the end of the year in which it accrued where he or she was unable or unwilling to take it because of sickness. The EAT also held that the worker is not required to demonstrate that he or she was physically unable to take annual leave by reason of his or her sickness in order to benefit from...

Michael Gove to Overhaul 'dysfunctional' Legal System

Posted by on July 20th 2015 in Blog Posts, Litigation

Michael Gove’s appointment as Justice Secretary has put the Court system in the spotlight once again.  In his first speech as Lord Chancellor, he set out his plans to bring redress to what he regards as a ‘failing’ justice system which benefits the wealthy who can afford to bring their disputes in London with their gold standard of British justice, whilst the majority are left at the mercy of the waste and ineffeciency of a ‘creaking, outdated system’.  His vision is a ‘One Nation’ justice policy.

One element of ‘inefficiency’ earmarked for major overhaul is the Court estate.  Michael Gove has...

Barclays Faces Will-Writing Battle

Posted by on July 16th 2015 in Blog Posts, Private Client

The recent case involving Tinoula Aregbesola and Barclays, as reported in the Law Gazette and the Daily Telegraph, highlights the importance of having an up to date will in place and one that is tailored to meet your particular circumstances.

In the case Tinoula’s father made use of Barclays’ £90 will writing service when he made his Will. In that Will her father left her half of a property worth £800,000. However when her father died the property passed automatically to her father’s wife as the surviving joint owner. Tinoula claims that Barclays failed to sever the...

Summer Budget Highlights for Personal Tax

Posted by on July 14th 2015 in Blog Posts, Private Client

Summer Budget Highlights for Personal Tax:

The Personal tax Allowance will rise to £11,000 for 2016-2017.

The rate before paying tax at 40% will rise to £43,000 for 2016-2017.

Buy to Let Landlords the mortgage interest relief is to be restricted to basic rate with the change to be introduced over 4 years from April 2017.

Finally there is a big shake up of the way the taxation of dividends will be treated.

Currently dividends are treated as having had 10% tax deducted at source.

From April 2016 everyone will receive the first £5000 of dividend income tax free and then above the £5000 you will...

The Miles for Mark, Yorkshire Three Peaks Challenge

Posted by on July 13th 2015 in Blog Posts

We are delighted to report the safe return of the Kitsons Yorkshire Three Peaks Challenge Teams!

The four walking Kitsons Teams and one running team (!) took on the three highest peaks at the Yorkshire Dales National Park. Ascending and decending through rain, mist, low cloud, in light and in darkness and covering 25 miles on uneven terrain.

Successfully taking on the steep climbs and descents of Pen-y-ghent (694m), Whernside (736m) and Ingleborough (723m). These peaks form part of the Pennine range, and encircle the head of the valley of the River Ribble in the Yorkshire Dales National Park.

Everyone contributed to the...

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