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Archive for the: Blog Posts category

The Consumer Rights Bill

Posted by on January 20th 2015 in Blog Posts

The Consumer Rights Bill is considered to be the centrepiece of the UK's consumer law reform.  It is intended to reform and consolidate much of consumer law in the UK, and is the most extensive consumer law reform in the UK in decades. It is expected to come into force in October 2015.

It is expected to amend the law relating to the rights of consumers and protection of their interests, to make provision about investigatory powers for enforcing the regulation of traders, to make provision about private actions in competition law, as well as providing enhanced remedies for consumers.

The House...

Bankrupts, Pensions and Income Payments Orders

Posted by on January 9th 2015 in Blog Posts

A recent decision by the Chancery Division may have called into question the decision of Raithatha v Williamson [2012] 1 WLR 3559.

In Raithatha, heard before Bernard Livesey QC,  the Trustee in Bankruptcy sought an Income Payments Order (IPO) after  the Bankrupt disclosed  the existence of various pension policies. These policies were not yet drawn down, but were capable of being so by the Bankrupt enabling him to obtain a lump sum payment and an income.

Section 310 of the Insolvency Act 1986 would make available to creditors the surplus income over what is needed for the reasonable domestic needs of the...

SDLT Changes: How Will It Affect You?

Posted by on December 3rd 2014 in Blog Posts, Property

From 4 December 2014 (effective from midnight tonight) Stamp Duty Land Tax (SDLT) rates for residential properties will only apply to the part of the property price that falls within each band.

It was announced in today’s Autumn Statement that the old ‘slab’ system will be replaced so home buyers pay the tax at gradually increasing rates on tranches of the total value of the property – similar to income tax – rather than a single rate on the whole transaction, eliminating the steep jump in tax paid when properties cross, for example, the £250,000 threshold.

Buyers will pay no stamp duty on...

Kitsons Exeter Curry Club - The Bay Leaf

Posted by on November 17th 2014 in Blog Posts

The Exeter Curry Club continued its fine run, with another great meal and evening.

This time Kitsons and guests visited The Bay Leaf Restaurant, Exeter - who try and gather dishes from different Indian and Bangladeshi regions, to present a combination of vibrant dishes.

The Bay Leaf itself boasts a luxurious restaurant with a  warm ambience and friendly atmosphere. This was very true of our visit. The staff were kind and very helpful and the mood was relaxed and joyful.

We ordered a mixture of dishes, to test and give our opinions. All of the food was very good, even if we didn’t know what...

Kitsons Teignbridge Curry Club- The Moguls Palace

Posted by on October 29th 2014 in Blog Posts

Kitsons Teignbridge Curry Club – The Moguls Palace, Buckfastleigh

The famous Kitsons Curry Club turned its head around the corner again, leaving the chase for full stomachs and beer soaked lips to begin.

This time we went for a change, with a mystery venue. We picked up our attendees at the Newton Abbot Train Station via coach and went on our way to the secret venue.

We arrived at a palace, Moguls Palace to be exact- a curry house in Buckfastleigh. The venue is situated on Totnes Road, in a slight distant location. As we arrived we were greeted with a fantastic and...

New Guidance for Experts

Posted by on October 6th 2014 in Blog Posts, Litigation

Experts Under the Spotlight


Autumn 2014 will see the introduction of the new Guidance for the Instruction of Experts in Civil Claims issued by the Civil Justice Council.  It echoes the changes heralded by the 2013 Jackson Reforms, and is intended to replace the guidance which is currently attached to Practice Direction 35 of the Civil Procedure Rules.


The provisions which govern the instruction of Experts are contained within Rule 35 of the Civil Procedure Rules and the accompanying Practice Direction.
 Rule 35.2 (1) denotes an ‘expert’ as a person who has been instructed to give or prepare expert evidence for the...

Inheritance Claims - Changes On The Horizon

Posted by on September 18th 2014 in Blog Posts, Contentious Probate, Private Client

The Inheritance and Trustees’ Powers Act 2014 will come into force on 1 October 2014.

From this date, the law surrounding claims made under the Inheritance (Provision for Family and Dependants) Act 1975 will change. This blog focuses upon the changes that will apply to claims for financial provision against the estate of deceased persons.

Set out below are some of the key changes that will come into play from the beginning of next month:-

1.     Grant no longer key to claim

It will now be possible to bring a claim against an estate without having to wait for the personal representatives of the...

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...

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...