News

An object lesson for design professionals

Tuesday, 8th October 2013

Stephen Homer's article in Master Builder looks at the standards required from Project Managers in Construction, and the difficulties in reducing liability with ambiguous terms.

Read 'An object lesson for design professionals' here

Guide to Unfair Prejudice Against Shareholders

Monday, 7th October 2013

This Guide explains Unfair Prejudice and Shareholder Disputes under English Law in general terms. The intention of the Guide is not, however, to advise you on whether or not to petition for unfair prejudice (which will depend on the facts of your case). The subject of unfair prejudice is a complex area and no guide can ever set out all...

Late payment of commercial debts - are you aware of the changes?

Monday, 7th October 2013

The Late Payment of Commercial Debt Regulations 2013 ("the Regulations") came into force on 16 March 2013 however there appear to be a number of businesses that remain unaware of the changes.

These changes apply to contracts for the supply of commercial goods and service that are entered into on or after 16 March 2013. They do not apply to contracts...

Data Protection and Freedom of Information Act - September 2013

Friday, 4th October 2013

ICO publishes guidance on subject access requests

The Information Commissioner's Office ("the ICO") has published guidance to assist organisations in dealing with requests from individuals for their data.

Subject access requests allow individuals to ask organisations about what information they hold about them. If any information is held, the organisation will usually be required to supply copies to the individual making the...

Ashfords to admit non-lawyers to partnership as it moves beyond law

Friday, 4th October 2013

First published in The Lawyer byBecky Waller-Davies

South West firm Ashfords is set to launch a range of professional, non-legal services to complement its practice areas, as part of its five-year strategic vision.

The spread of products will operate across a range of practice areas and will include services such as project management,...

Are SMEs Victims of the Broad Brush Approach?

Wednesday, 2nd October 2013

First published on SME web.

Entrepreneurs and small business owners may be forgiven for thinking that the Government's Discussion Paper: 'Transparency and Trust' is not relevant to them, for it appears to be concerned with criminal activity and matters more usually the concern of larger companies such as bearer shares. But the "ambitious set of reforms", if implemented, will have...

Privileged Wills - What are they and when are they valid?

Tuesday, 24th September 2013

Privileged Wills are made by those who are in active military service, which means that they are either working in an operational area in the Forces or are just about to be posted to one. This does not just apply to soldiers on the front line, it is also possible for civilian support staff to execute a privileged Will if...

New gTLDs - What can you do to protect your brand?

Wednesday, 24th July 2013

Introduction

The world is on the cusp of the largest expansion of the Internet domain name landscape since the 1980s.

The Internet Corporation for Assigned Names and Numbers ("ICANN") is currently examining more than 1,900 applications for new generic top level domains ("gTLDs"). gTLDs are the suffix at the end of a domain name (e.g. .com, .org, .net etc.).

When the...

Divorce - The End Of The Beginning

Friday, 19th July 2013

Divorce is always painful. It may be your decision, or one forced upon you. You might have found someone new or be contemplating a single existence. You may be wondering how to divide millions of pounds of assets, or worrying about whether there are sufficient funds to pay two sets of bills. And you may be divorcing after a year...

Capacity to give consent: medical evidence is not conclusive

Wednesday, 26th June 2013

The High Court has recently ruled in the case of Re SB (Capacity to consent to termination) [2013] EWHC 1417 that a lady suffering from bipolar disorder and who was being detained under the Mental Health Act 2005 did have capacity to consent to an abortion despite advice to the contrary from psychiatrists.

Trustees, mistake, and Hastings-Bass

Thursday, 20th June 2013

First published in the Solicitors Journal.

In the recent Supreme Court judgment in the two cases of Pitt v Holt and Re Futter [2013] UKSC 26, Lord Walker clarified both the rule in Hastings-Bass and the law of mistake. The judgment has reduced the ability of trustees to rely on the Hastings-Bass rule.

As a result of the decision the practical consequences...

The Tax Doctor: Leaving money to a minor without the major tax bill

Wednesday, 12th June 2013

The case

Harry would like to make a will, leaving a significant sum of money to his son Ben, currently a minor aged under 18. He is concerned about what would happen if Ben were to inherit at a young age.

He would prefer Ben to inherit when he is 25 years old but has heard this may mean a greater amount...

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