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New Debt Recovery Protocol; what businesses need to be aware of...

Posted by on August 31st 2017 in Blog Posts, Debt Recovery, Insolvency

New Debt Recovery Protocol; what businesses need to be aware of...

On 1 October 2017, there will be a new Pre-Action Protocol to follow for debt claims involving businesses pursuing individuals. To be clear the new Protocol does not apply to business to business debts unless the debtor is a sole trader.

The most important change companies should be aware of is to the Letter Before Action which needs be sent by post to the debtor before proceedings are issued.

The new Protocol sets out various details that need to be included in the letter, specifically;

  • The amount of the debt and whether interest or other charges are continuing to accrue;
  • Details of how...

Can a Judgment be delivered by way of a letter to a child?

Posted by on August 30th 2017 in Blog Posts, Family

Can a Judgment be delivered by way of a letter to a child?

In Re A (Letter to a Young Person) (Rev 1) [2017] EWFC 48, a 14 year old child instructed his own solicitor and made an application to relocate to Scandinavia with his father. In the alternative he applied for more contact with his father and if his father relocated without him then he wished for some clarity regarding the contact arrangements. He was considered competent to make the application himself but his father subsequently proceeded with the application.

There were legal arguments over whether the child would give oral evidence – he and his father wanted him to do so; the...

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Posted by on August 29th 2017 in Blog Posts

Ping fined £1.45m; warning to companies that preventing its products from being sold online could be illegal

Companies should take appropriate measures to ensure their internet policies do not breach competition law, or be aware that they run the risk of having a financial penalty being imposed by the Competition and Markets Authority (‘CMA’).

Ping have been fined £1.45 million by the Competition and Markets Authority for breaching competition law with regards to their internet policy.

Ping were preventing two UK retailers from selling its golf clubs on their websites in an effort to promote in-store custom fitting. Ping acknowledged this in their statement last week by saying; "Our Internet Policy is an important procompetitive aspect of our long–standing...

General Data Protection Act Regulation; Greater Protection for Individuals

Posted by on August 27th 2017 in Blog Posts

General Data Protection Act Regulation; Greater Protection for Individuals

With cyber attacks and security breaches prominent in our minds following a series of attacks over the course of the last few months, most noteworthy of course being the attack against the NHS involving masses of personal data being held to ransom. As a result, perhaps now more than ever we are considering who holds data about us, and exactly what data they hold.

At present, Data Protection is governed by the Data Protection Act 1998 (‘DPA’) but this is due to be replaced by the General Data Protection Regulation (‘GDPR’) which comes into force on 25 May 2018. This new...

The Defective Premises Act 1972 in Practice

Posted by on August 23rd 2017 in Blog Posts, Property

The Defective Premises Act 1972 in Practice

The Defective Premises Act 1972 (“the 1972 Act”) charges landlords with a duty of care to anyone who it might be reasonable to expect would be affected by defects in the state of its premises.  The duty applies if the tenancy imposes an obligation on the landlord to maintain and repair the premises or if the tenancy reserves the landlord the right to enter the premises to carry out repair. 

In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the tenant’s visitor, Mr Dodd, fell down the stairs from the first floor flat to the ground floor. He...

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...

Supreme Court Ruling - Employment Tribunal Fees Quashed

Posted by on August 2nd 2017 in Blog Posts, Employment

A Supreme Court decision in the case of R (on the application of Unison) v Lord Chancellor has declared that the Employment Tribunal and Employment Appeal Tribunal Fees Order 2013 (Fees Order), which imposes fees for employment tribunals, to be unlawful and prohibitive as it prevents access to justice. The Fees Order was found to be unlawful under both domestic and EU law. It has been called a landmark ruling and is perhaps one of the most important judgements in employment law in the last 50 years.

As a result of the ruling, from 26th July 2017 tribunal fees cease to...

Reports Consider the Implementation of the NLW and NMW

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

The Department for Business, Energy and Industrial Strategy (“BEIS”) has published two reports looking at how successfully the implementation of the new rules surrounding national living wage and national minimum wage has been.

The first report, called National Living Wage and National Minimum Wage, provides information on the subjects of compliance and enforcement. The report highlights that, following the implementation of the National Living Wage, 360,000 workers received less than the National Minimum Wage.

In order to resolve this and encourage efficient enforcement, HMRC resources were increased by £7 million – from £13 million to £20 million – for the year 2016/2017,...

Preventing the Sale of Marital Property on Divorce

Posted by on July 28th 2017 in Blog Posts, Family, Litigation, Property

Preventing the Sale of Marital Property on Divorce

S39(1) Senior Courts Act 1981 (“the Act”) allows the Court to make an order requiring a person to execute a conveyance, contract or document. If that person fails to execute such documents then a person nominated by the Court can sign on behalf of that person if they neglect or refuse to comply with the order or they cannot be found.

In the case of Welch v Welch [2017] Mr Welch obtained an order  which required his wife to sign the Conveyancing documentation in the sale of their property (a property in which Mrs Welch only held a 1% beneficial ownership). Despite the...

Government Plans a Ban on Leasehold New-Build Houses

Posted by on July 27th 2017 in Blog Posts, Commercial Property , Property

 

The Government plans to ban the sale of new-build Leasehold houses under drastic changes amid the concerns regarding the growing trend of extortionate ground rent increases. Leaseholds on new-build houses would be outlawed, while ground rents could be dramatically reduced, under Government plans subject to public consultation.

Presently, purchasers of new-build Leasehold houses have been at risk of unacceptable rises in ground rents to scales simply unaffordable. These Leaseholds have been criticised heavily for being unfair and penalising those who manage to make it onto the property market. With the ground rents increasing, the property may then become impossible to...

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