Are Pre-termination Negotiations Admissible in Tribunal?

December 18th 2024 | employment
In  Gallagher v McKinnon Auto and Tyres , the Employment Appeal Tribunal (“EAT”) upheld the tribunal’s decision that pre-termination negotiations between the Claimant and the Respondent were inadmissible in his unfair dismissal claim. Under s111A of the Employment Rights Act 1996, pre-termination discussions, known as ‘protected conversations’, are inadmissible in ordinary unfair read more...

Appointing a Professional Attorney - Lasting Powers of Attorney

December 12th 2024 | powers of attorney
Bank accounts locked and cash withdrawn after elderly gave power to law firm partner - BBC News As someone who works with elderly and vulnerable clients, and prepares Lasting Powers of Attorney, including those appointing professionals, this story is truly concerning. I want to start by saying that I am a read more...

Haddenham Winterfest Beer

December 9th 2024 | social
Allan Janes are very pleased to once again be sponsoring the Haddenham Winterfest Beer Festival on the 14th December 2024 at Banks Park, Haddenham, and hope to see you there. Having raised over £450,000 for various local charities and good causes within Buckinghamshire over the years, we are proud to read more...

Young Professionals Go Prosecco Tasting

December 4th 2024 | social
Allan Janes were delighted to co-host the latest young professionals networking event last Thursday evening (28 November 2024) alongside Herbert & Webster at La Dolce Bolla in Marlow. It was a fantastic evening of Prosecco tasting and networking! The young professionals were guided through the different wines on offer by read more...

The Transparency Task Force: Asset Protection Trusts

November 27th 2024 | trusts
The Transparency Task Force (TTF), an organisation dedicated to promoting transparency and accountability in the financial and legal sectors, recently convened to address a pressing issue that has shaken the legal community in Scotland: the failure of McClures Solicitors and the various clients who feel badly let down by the read more...

One Mans Recycling is Another Man’s Testamentary Opportunity..

November 15th 2024 | wills and probate
In an interesting ruling earlier this month, the High Court ruled that a man's Will, written on the back of 2 food boxes, was legally valid. This ruling has sparked widespread interest in the formalities surrounding the creation of a Will, especially in cases where unconventional methods are used. The read more...

National Living Wage To Rise By 6.7% In April 2025

November 4th 2024 | employment
The Government has announced the rates of the National Living Wage and National Minimum Wage which will come into force from April 2025 and is set to be worth an extra £1,400 per year for an eligible full-time worker. The move comes in as part of the government's focus on read more...

Top 10 Reasons to Use a Solicitor to Administer an Estate

October 25th 2024 | wills and probate
Administering an estate can be a daunting task, especially during a time of grief. Often families want their loved ones (usually their partner or children) to undertake this task and in many cases that is entirely appropriate. However, there are a number of times that using a professional (whether that read more...

Allan Janes Sponsor Aylesbury United Under 7s Football Team

October 15th 2024 | social
Allan Janes are proud to be the sponsor for the brand-new Aylesbury United under 7s football team.    The team made their debut playing at home against Stoke Mandeville under 7s on 8th September and they couldn’t be prouder in their new kit.  You will normally find the author on the read more...

Should I Gift My Home to my Children?

October 8th 2024 | estate planning
For most people, their home is their most valuable asset. With the average house price in Buckinghamshire topping £520,000 (and higher in London) it is unsurprising that people often consider giving away their homes during their lifetimes to reduce their inheritance tax liability. There are however some very real risks read more...

Can Someone Make A Claim For Discrimination On My Behalf?

September 26th 2024 | dispute resolution
The short answer is yes (in certain circumstances). Someone may make a claim for discrimination on behalf of a minor or a protected party, acting as their ‘litigation friend’. A minor is anyone under the age of 18 and a protected party is someone who “lacks capacity to conduct the read more...

When Might An Urgent Will Be Needed?

September 24th 2024 | wills and probate
In an ideal world everyone would make a Will, and update them periodically when nothing is particularly pressing them to do so, other than the sensibility of getting their ducks in a row.    Usually, a particular life event prompts someone to, at the very least, contemplate making or updating a read more...

What Happens When A Larke v Nugus Request Is Refused?

August 30th 2024 | dispute resolution
A Larke v Nugus request can be made where there is a dispute or anticipated dispute in relation to a will. In brief; a Larke v Nugus request is a request made to a will writer asking them to provide information about the deceased’s instructions and the circumstances surrounding the read more...

Original Deeds Now Required For First Registration Applications

August 21st 2024 | residential property
As of 1st October 2024, HM Land Registry has announced that applications for first registration by conveyancers can no longer include certified copies of deeds and documents. Instead, the original deeds are to be provided and once scanned, will be returned. It is hoped that the change will improve the read more...

What Makes Special Damages 'Special'?

August 16th 2024 | personal injury
What Are Special Damages? Special damages in personal injury claims refer to the compensation that is awarded for specific financial losses incurred as a direct result of the accident. These types of damages are an integral part of a personal injury claim and can help individuals recover various losses they read more...

How Valuable Is Inheritance Tax to HMRC?

August 14th 2024 | estate planning
On 31st July HMRC published its latest inheritance tax statistics. It's not often that I would say that a statistical report is interesting, however this one does point to some key societal trends. The report confirmed that the number of deaths resulting in a charge to inheritance tax (IHT) in read more...

What Is Leasehold Property?

August 9th 2024 | residential property
When purchasing leasehold property, you are purchasing an “interest” from the freeholder of a specific part of the building or land they own, for a set period of time. This provides you with the right to occupy the property for a number of years, and the length of leases can read more...

Covenants Over Land: The Thin Edge Of The Wedge

August 6th 2024 | dispute resolution
The recent case of Patel and others v Spender and others (2024 UKUT 62 LC) provides an interesting insight into what the Upper Tribunal does and does not consider to be a practical benefit of substantial value or advantage when considering whether to modify a restrictive covenant over land. Here, read more...

What Searches Are Required When Buying A Property?

August 1st 2024 | residential property
Searches form a standard part of the conveyancing process and identify any potential problems with the property you intend to buy.  They can also be required should you be refinancing your current property, but this varies from one mortgage lender to another.  Searches are not surveys so they do not read more...

First Time Buyer's Relief – What Is It?

July 30th 2024 | residential property
Stamp duty land tax (SDLT, also known simply as ‘stamp duty’) is a tax you might have to pay when buying a residential or commercial property in the UK. The rates of SDLT can be changed by the government of the day, for example when the government releases the budget read more...

Detriment: The Things You Never Had

July 23rd 2024 | dispute resolution
In this blog we take a look at the Court of Appeal decision of Winter v Winter for a consideration of what is meant by ‘detriment’ when considering a claim for proprietary estoppel. You can see our blog on proprietary estoppel claims generally here .   This case involved three read more...

Can You Cause Death By Careless Cycling?

July 19th 2024 | personal injury
The introduction of new laws specifically covering death or serious injury by dangerous cycling could see offenders face up to 14 years in prison. The move will be welcomed by many road users after MPs voted in favour of the new legislation. What is the Current Law? Currently cyclists are read more...

Death Bed Gifts - A Recent Case

July 17th 2024 | wills and probate
A running theme of this blog is the lack of consumer protection when using unregulated legal services providers (see here and here and here ).   We have also previously touched upon an area that I had considered effectively confined to dusty shelves of the academia (Donatio Mortis Causa – see read more...

Wills for Vulnerable Beneficiaries (Webinar)

June 21st 2024 | Seminars
A webinar given to Chiltern Wood School by Ashley Minott (Solicitor and TEP) covering estate planning involving vulnerable beneficiaries. This covers key considerations where vulnerable individuals are involved, drafting points to consider when preparing Wills, and a consideration of lifetime planning as well. There is a particular focus on trusts read more...

"A Warzone With Grease": A Dilapidations Case Law Update

June 20th 2024 | landlord and tenant
An interesting judgment in a recent dilapidations case of Peachside Limited v Lee and Keung was handed down on 23 rd April 2024. For a reminder on what dilapidations are, check our dilapidations seminar here . The judgment was particularly interesting as there was significant variance in the expert valuation read more...

Do Executors Have To Step Down When Asked?

June 14th 2024 | contested probate
The role of executor can be a complex one, and we have warned in a previous blog  about the need to think very carefully before appointing friends or family members as executors. The task can be very involved and time consuming. It involves gathering in estate assets, preparing accounts, declaring read more...

What Do I Need To Do Before I Sell My Commercial Property?

June 12th 2024 | commercial property
Before marketing your commercial property, there are a number of compliance matters, which if addressed before the property is sold, can result in a smoother and quicker transaction, reducing the risk of delays and potentially leading to a more favourable sale or refinancing outcome. The first thing to ensure is read more...

Which Covenants Should be Included in my Commercial Lease?

June 4th 2024 | commercial property
As a landlord, it is important that you protect your property from damage and disrepair which would reduce its value over time. Covenants are promises given by both parties to a lease, in which each party agrees to comply with obligations during the term of the lease. Breaches of repair read more...

Do I Have To Leave My Estate To My Children?

May 30th 2024 | wills and probate
Along with no forced heirship in England and Wales (unlike in some other countries such as Spain), the law also states that you have the freedom to do as you please in relation to your assets. This is known as ‘testamentary freedom’. Therefore, the short answer is that there is read more...

Rates of Inheritance Tax Around The World

May 24th 2024 | estate planning
With a looming general election, us tax professionals always have one eye on what that might mean to taxation in general, and for our clients in particular. In my case, the plat du jour is always inheritance tax. That has very much been a tale of 3 halves for the read more...

The Use Of Surveillance In Personal Injury Claims

May 22nd 2024 | personal injury
It is important to make you aware of a key tactic used by Defendants during personal injury claims. The use of surveillance by insurers to record the lives of injured Claimants is becoming increasingly common. Of course, such surveillance is important to prevent fraud but in some cases surveillance evidence read more...

Do I Need A Conveyancing Solicitor?

May 16th 2024 | residential property
Conveyancing is a combination of administrative and legal work to transfer property ownership from one party to another. Attempting to navigate the conveyancing process yourself to cut down on costs may seem tempting and whilst on some transactions it may be possible, it is certainly not recommended. There is the read more...

Do You Need Legal Advice On A Settlement Agreement?

May 9th 2024 | employment
You’ve just been given a settlement agreement by your employer but what do you do next? Even if it seems like they are giving you a fantastic deal and you want to sign on the dotted line straight away, you should take a breathe and consider your next steps and, read more...

Covenants over Land: Modification for Permitted Development

April 30th 2024 | dispute resolution
In Doherty v Pashkin (2023) , the applicants were successful in their case to discharge or modify a covenant which burdened 4 Kerr Field Place, London SE5 8SX. The covenant prevented any alteration to the exterior appearance of the building and the construction of additional buildings. In this case, there read more...

I Ain't Saying She A Gold Digger: A Guide to Predatory Marriage

April 25th 2024 | contested probate
It's not often I quote Kanye (not after what he did to Taylor Swift) but as predatory marriage cases become increasingly prevalent, it seems appropriate.  It isn’t that predatory marriage hasn’t existed for a long time – it has – but with the increasing number of contentious probate claims, it read more...

Rent Quarter Days Explained

April 22nd 2024 | commercial property
When dealing with leases of commercial property, in England and Wales the rent payments are often described as quarterly in advance, which is a significant change from a monthly payment in arrears basis that you would expect to see in a residential lease. Clearly, not only can this be confusing read more...

Should I Get More Inheritance Because I Cared For My Parents?

April 17th 2024 | contested probate
It is not uncommon that when I am instructed in relation to a contested probate claim, particularly in cases where the parties are siblings, that the question of care might arise.  Often this is a highly emotive topic where one sibling feels they did more than their ‘fair share’ of read more...

What Claims Can Be Settled By A Settlement Agreement?

April 11th 2024 | employment
Settlement agreements are typically used in an employment context when an employee’s employment is being terminated, but also to resolve an ongoing dispute. You can read about the basics of settlement agreements here . It is important to note that settlement agreements cannot offer a blanket settlement of any and read more...

What is the Criminal Injuries Compensation Authority?

April 9th 2024 | personal injury
The Criminal Injuries Compensation Scheme was established under the Criminal Injuries Compensation Act 1995 and was introduced to compensate victims of violent crime. The Criminal Injuries Compensation Authority (“CICA”) only applies to England and Wales. According to the scheme, there are certain requirements that must be fulfilled in order to read more...

Spring Budget Update: Minor Change to Inheritance Tax Payment Rules

April 4th 2024 | wills and probate
Hidden away in the recent 2024 Spring Budget update is a small but interesting change to Inheritance Tax (“IHT”) payment rules, specifically concerning the process of obtaining a 'grant on credit' from HMRC. Effective from April 1, 2024, personal representatives of estates will no longer be required to seek commercial read more...

Can You Withdraw A Resignation?

March 26th 2024 | employment
Resignations seem fairly simple, and most of the time they are. I have previously been asked by employees to draft their letters of resignation in relatively straightforward cases. I tend to tell these people that it’s really not worth incurring solicitors fees to prepare such a simple letter which simply read more...

What Is Contributory Negligence In Personal Injury Claims?

March 22nd 2024 | personal injury
As individuals we have a general responsibility to take care of ourselves.  Contributory negligence is a common defence strategy in personal injury claims by defendant lawyers. Whilst it is not a defence to liability it does assist in reducing the value of the claim, otherwise known as quantum. Contributory negligence read more...

Acting as a Certificate Provider - the Pitfalls

March 21st 2024 | powers of attorney
In a previous blog  I explained what a ‘Certificate Provider’ is for the purpose of completing a Lasting Power of Attorney.  I also noted that Certificate Providers can face personal liability if they do not discharge their duties correctly when signing the Power of Attorney document. In this blog, I read more...

Can I use ChatGPT to write my Will?

March 20th 2024 | wills and probate
I saw a comment online recently, stating that Wills drafted by AI, using functions such as ChatGPT are the new wave of homemade Wills. As previously covered by myself and my colleague Alex Stanier, homemade Wills have resulted in some of the most complex and costly estates to administer, due read more...

1975 Act Claims: Cohabitees and Short Marriages

March 19th 2024 | contested probate
In our series of article about 1975 Act claims, we have already considered the position of both adult and minor children of the deceased.  The other most common claimants in 1975 Act claims are cohabitees and spouses.  The position of a long term spouse is generally clear: they are entitled read more...

Allan Janes Presents Wine Tasting for the Young Professionals

March 14th 2024 | social
Last month the young professionals at Allan Janes jointly hosted a wine and cheese tasting event with Herbert & Webster (financial advisors) at Grape Expectations in Marlow. Young professionals from multiple different industries were treated to a flight of wines and hand-picked cheese pairings. There was also a notably fantastic read more...

1975 Act Claims: Adult Children

March 13th 2024 | contested probate
In our previous blog , we discussed the position of minor children in bringing claims against the estate of a deceased person. Claims by children generally mean claims against the estate of the deceased’s child or a ‘child of the family’ e.g. stepchildren. This blog discusses the position of adult read more...

What Is A Settlement Agreement?

March 7th 2024 | employment
A settlement agreement is a legally binding contract made between an employer and their employee. They are usually offered to an employee when their employment is being terminated but they can also be used if there is ongoing dispute to be resolved, even if the employee is not leaving their read more...

1975 Act Claims: Claims on Behalf of Minor Children

March 5th 2024 | contested probate
As set out in a previous blog , 1975 Act claims are claims for reasonable provision from a deceased person's estate. It is not uncommon that those bringing such a claim would be a child – or more accurately an adult litigation friend representing the interests of a minor child read more...

What Is Adverse Possession And How Can You Claim It?

March 4th 2024 | dispute resolution
What is adverse possession? Adverse possession is possession of land that is not legally yours. A successful adverse possession claim will result in the land being legally owned by you. A situation like this may arise where you have an extra piece of garden that you have possessed since purchasing read more...

Covenants Over Land: Abuse Of Process?

February 22nd 2024 | dispute resolution
In this article I examine a decision of the Upper Tribunal Lands Chamber where it was argued that the Application should be refused as an abuse of process, and that the Court had already decided the matter ( res judicata ). We’re looking at the case of Housing Solutions v read more...

I Don't Want It! How to Deal with an Unwanted Trust

February 21st 2024 | trusts
Trusts have become more popular as an everyday tax and succession planning tool. Check out these blogs for some of the reasons why you actually might want to include trusts when undertaking estate planning: Quick Guide to Trusts Life interest trusts :  Personal Injury Trust However, as a general rule, read more...

1975 Act Claim: It's All In The Timing

February 13th 2024 | contested probate
In our previous blog we discussed the case of Archibald v. Stuart and another . The case, in case you haven't been following along with this thrilling series of blogs, concerns Neil and Julie. Julie, in particular has had a very difficult time of things. Firstly, her in-laws have passed read more...

1975 Act Claims: Can You Claim Against Your In-Laws Estates?

February 6th 2024 | contested probate
Claims under the Inheritance (Provision for Family and Dependents) Act 1975 – or as they are often called Inheritance Act claims, or 1975 claims – are claims that a deceased person has failed to make reasonable provision for the applicant in their will or that reasonable provision has not been read more...

What Are Interim Payments In A Personal Injury Claim?

February 1st 2024 | personal injury
A claim for personal injury can take years to settle. You may find yourself unable to work as a result of your injuries or requiring costly treatment without the necessary funds to pay. An interim payment can provide financial relief by allowing a payment to be paid prior to final read more...

Is Inheritance Tax About to be Abolished?

January 26th 2024 | estate planning
We don't gamble in the private wealth department, especially on something as capricious (in recent times at least) as Conservative tax policy. But if we were gamblers, my money would very much be on 'no'. It is worth unpacking this though. There has been a lot of noise recently around read more...

Why Has There Been An Increase In Inheritance Disputes?

January 24th 2024 | contested probate
A recent report by the Times has shown that court cases relating to disputed wills have increased by over 34% since 2017 and by more than 140% in the past decade. However, these figures should be taken with a pinch of salt as this only represents the disputes that end read more...

What Are Capital Allowances and Why Are They Important?

January 17th 2024 | commercial property
When a business makes a capital investment, the expenditure is recorded in the business accounts on the balance sheet as a fixed asset.  These assets will then over time depreciate, however the business is not able to make any deductions for this depreciation when calculating its profit and loss. Taxpayers read more...

Constructive Dismissal: The Timing of Resignation

January 16th 2024 | employment
Constructive dismissal occurs where an employee has resigned, but treating themselves as having been dismissed. This may sound like an oxymoron but in effect it occurs where the employer has committed a breach of the employee's contract. Sometimes this is a breach of the written terms e.g. failure to pay read more...

Covenants Over Land: Are My Covenants Obsolete?

January 11th 2024 | dispute resolution
One of the questions asked of the Upper Tribunal Lands Chamber in Great Jackson Street Estates Ltd v. Manchester City Council (2023) UKUT 189 (LC) was whether covenants should be modified or discharged on the basis that they were obsolete. The decision of the panel of the Tribunal is helpful read more...

The Employment Law Changes Working Parents Need to Know

January 10th 2024 | employment
2023 brought about some significant changes to HR law, many of which impact working parents. This article sets out the main changes set to come into force over the next couple of years. Changes to flexible working requests Last year the Government announced changes to the flexible working regime which read more...

How Much is my Personal Injury Claim Worth?

January 2nd 2024 | personal injury
One of the most common questions we get asked in the early stages of a claim is how much is my personal injury claim worth? Each personal injury claim is different and it's not possible to predict an exact figure. However, based on the facts you have provided we are read more...

Do You Pay Inheritance Tax On A Jointly Owned House?

December 12th 2023 | wills and probate
The answer is: maybe. Owning property jointly with someone means that you do not need a grant of probate in order to transfer the title to the survivor when one person dies. This is known as the law of succession, which sets out who inherits property. Jointly owned property (held read more...

I Had Food Poisoning on Holiday, Can I Make a Claim?

December 8th 2023 | personal injury
If you have been unfortunate enough to become unwell on holiday as a result of food poisoning as part of a holiday package, then you may be entitled to compensation. As with any claim the amount of compensation you receive will be dependent on the time you have remained unwell read more...

Can I Get Probate with a Foreign Will?

December 1st 2023 | wills and probate
The simple answer is yes (usually), however any estate including international elements will always have a certain level of complexity. Firstly, you need to determine where the assets of the deceased are. If the deceased has prepared a foreign Will, this will generally be because they held assets in that read more...

Can I Change My Spouse’s Will After Their Death?

November 17th 2023 | estate planning
In short the answer is no, you cannot rewrite someone’s Will after they have died. Whilst you cannot change a Will following someone’s death, you might be able to vary the tax treatment of a gift and subsequently your entitlement from a Will after someone has died. Read on to read more...

Farming Families and Estoppel Claims

November 16th 2023 | dispute resolution
What is estoppel? Proprietary estoppel sounds very complex and ‘legal’.  In summary, proprietary estoppel is a concept which provides rights in land to a person (let’s call then “A”) which A was led to believe by another (“B”) that they had such rights, and it would be unjust to deprive read more...

Cancel Culture: When is a Will Revoked?

November 7th 2023 | contested probate
What is revoking a will? Cancelling or revoking a will is a common practice.  Most people will make several wills in their lifetime to reflect their changing wishes as their circumstances and assets change or perhaps to reflect updates to the relevant tax regime.  It is almost always prudent to read more...

Trick or Termination: When Halloween Becomes a HR Nightmare

October 31st 2023 | employment
HR are generally not known for their sense of humour and I can practically hear all readers of this blog boo and hiss as I, the Fun Police, come to ruin your days.  However from an employment perspective, Halloween has traditionally been an opportunity for employees to get themselves into read more...

Employing Farm Workers: FAQs, Answered

October 24th 2023 | employment
Farms are unique businesses which present their own rewards and challenges.  One of those challenges are finding good employees, and then managing and retaining those employees.  Many farms are family businesses where the family may not consider that things like employment contracts are all that important, but given the number read more...

Forfeiture Of A Commercial Lease - Part 1: Guide For Landlords

October 18th 2023 | landlord and tenant
This blog takes a look at what forfeiture is and what a landlord of commercial property can do when certain terms of the lease are breached. In Part 2, we take a look at forfeiture from a commercial tenant's perspective. Common law right to enter and change locks Historically, where read more...

Is Anxiety A Disability?

October 17th 2023 | employment
According to the Office for national statistics, around 6% of people suffer with generalised anxiety disorder, and with over 8 million people expressing an anxiety disorder at any given time. For employers, dealing with anxiety in the workplace can be very difficult. Most employers are aware that if an employee read more...

Should I Put My House Into Trust?

October 11th 2023 | estate planning
Putting your home in trust, and whether or not that is a good idea is something that has been mentioned in a few of our earlier blogs, but it is such an involved topic that it really needs to be discussed in a stand alone blog. As mentioned in earlier read more...

Intestacy Stinks

October 9th 2023 | wills and probate
One of my recent blogs linked through to an informative and amusing serious of articles by Judge Gold in the magazine 'This is Money'. I would highly recommend them . When the firm tweeted (X'ed?) that blog, we referred to Judge Gold as our new favourite judge. It was pointed read more...

Can You Stop Your Staff from Discussing Salaries?

October 6th 2023 | employment
I will start this article with a confession – I am obsessed with TikTok.  Yes it’s probably melting my brain and stealing my data, but it’s also highly entertaining and often informative.  One of the more informative themes that pops up on my FYP is HR advice.  I don’t search read more...

Inheritance Tax Cuts?

October 4th 2023 | estate planning
Someone may want to have a word with Rishi Sunak about his mooted cuts to the "puntive and unfair" inheritance tax (IHT). & no, not only because it will do estate planners like me out of work.. The argument that IHT is unfair is a pretty simple one: Any wealth read more...

Can Employers Ban Tattoos?

September 29th 2023 | employment
Tattoos can be a grey area and polarise opinions. However, are employers allowed to judge an individual based on their tattoos, or would this be deemed discrimination? Are there any laws governing this? Legally, there are currently no employment laws that govern tattoos in the workplace. This means that an read more...

How To Make Litigation Cheaper

September 26th 2023 | dispute resolution
Litigation is expensive. There was no getting away from that. As lawyers, it is our job to conduct litigation in accordance with the overriding objective under the Civil Procedure Rules. This includes an obligation to conduct litigation reasonably and at a cost which is proportionate to the issues in dispute read more...

When Tax Planning Goes Wrong!

September 20th 2023 | estate planning
Here in the Wealth Management and Taxation department, we love a good tax planning wheeze. However, as we frequently advise clients, there are wheezes and then there are wheezes (by which, I do of course mean opaque schemes that feel a bit icky and seem bound to fail at some read more...

I Have Had An Accident, When Should I Instruct A Solicitor?

September 19th 2023 | personal injury
In most Personal Injury claims in England and Wales, an adult (18 years and over) with capacity has 3 years from the date of the accident to pursue a claim. This 3-year period is known as the limitation date, the claim must have been registered with the Court, however there read more...

What Are The Inheritance Tax (IHT) Implications Of Not Being Married?

September 14th 2023 | estate planning
Marriage isn’t for everyone.  Some are quite happy being single.  Others are happy living together as a couple without ever feeling the need to formalise their arrangement by marriage or civil partnership.   In the modern world we live in, it might seem odd that being married could save you thousands, read more...

Do It Yourself? A Tale of Probate & Woe

September 11th 2023 | wills and probate
I recently came across a fantastic series of 3 articles in This is Money, written by retired judge Stephen Gold. M'lud had found himself executing the estate of his late aunt. I would commend them to anyone who wants a concise and honest precis of the kinds of frustrations, delays, read more...

Voluntary First Registration - Is It Worth It?

August 25th 2023 | residential property
All land in England and Wales is currently, slowly but surely, being registered at HM Land Registry. Soon the days where lawyers have to delve through old deeds trying to read what some poor legal clerk once wrote by hand will be gone. There is not much land left that read more...

What is a Notary and What Do They Do?

August 23rd 2023 | notarial services
If, as the expression goes, I ‘had a hot meal for each time that’ question has come up in my notarial career, I would be a much heavier man. I am pleased, therefore, that my good friend, Jonathan Hewitt (with whom I trained as a Notary at UCL) and my read more...

VAT in Commercial Property: An Overview

August 16th 2023 | commercial property
As real estate usually makes up a large proportion of a company’s assets and the value of the transactions are usually quite high, it is important for any seller or buyer to think about the tax implications of any transfer or grant of interest in a property. Aside from SDLT read more...

Intestacy- Statutory Legacy for Spouse

August 11th 2023 | wills and probate
The intestacy rules set out who inherits a person's estate where they have died without leaving a valid Will (known as dying intestate). The beneficiaries of the estate vary depending on whether or not the deceased was married and also based on whether or not they had children, regardless of read more...

What Could Make Mediation More Attractive?

August 2nd 2023 | mediation
In this article I set out my case for mediation becoming increasingly attractive as of October 2023. Read on to find out why. For those unfamiliar with mediation is a process, find an explanation here . There are so many reasons to attempt mediation. Litigation is a slow, expensive, and read more...

Why Has My Lasting Power of Attorney Application Been Rejected?

July 31st 2023 | powers of attorney
New data issued by the Freedom of Information (FOI) has revealed that almost 130,000 lasting powers of attorney (LPAs) applications have been rejected in the last 5 years due to mistakes, with over 29,000 of these coming in the last year alone. We have previously covered LPAs in this blog read more...

What are Life Interest Trusts?

July 25th 2023 | wills and probate
There are a few different types of trust, most of which have existed for at least a century with minor tweaks to reflect changing tax treatments or legislation. However, some trusts are being paraded around as new miracle ways to avoid care fees or inheritance tax. In most cases this read more...

Marriage, Divorce, and Wills

July 17th 2023 | wills and probate
Getting married or divorced are big changes in your life. But did you know that both can also affect your Will? Marriage Under s18 Wills Act 1837, any marriage after the date on which a Will is made would act to revoke that Will, unless the documents is expressly stated read more...

My Child Has Been Injured, Can I Make A Claim?

July 13th 2023 | personal injury
Accidents involving children can be particularly traumatic as a parent or guardian and navigating the claims process can be overwhelming. If your child has been injured in an accident or as a result clinical negligence, you could claim compensation on their behalf by acting as their ‘Litigation Friend’. This allows read more...

What To Do If You Have Been Left Out of a Parent’s Will

June 21st 2023 | contested probate
In the UK, we have the intestacy rules which say what will happen to your estate if you die without  leaving a will.   There is a set order of priority in which people will inherit your estate.  The intestacy rules are complex but in brief: If you die leaving a read more...

Taxes on Lifetime Gifts

June 20th 2023 | estate planning
If you are considering making a gift to someone, you need to consider the various tax implications that can arise. These can in some cases impact whether or not you are in a position to make the gift at all. Inheritance Tax Most people are aware of the seven year read more...

Wills: When Should You Get a Capacity Assessment?

June 19th 2023 | wills and probate
It is important to know that for a will to be valid, the testator, i.e., the person making it must have sufficient mental capacity. “Testamentary capacity” is the legal term used when describing an individual’s legal and mental ability to make or alter a valid will. In the absence of read more...

The 4-Day Working Week: An Employment Lawyer’s View

June 16th 2023 | employment
The 4 Day Week Global trial involving over 3,000 employees across 61 organisations took place last year, with the results having been reported in February 2023.   In late 2022, Labour proposed a 4-day working week bill which was debated in parliament in October. Does a four-day week work? The report read more...

Care Home Negligence & Injury Claims

June 14th 2023 | personal injury
With an increasing aging population as medical advances allow for longer life expectancy, more of the UK population are living in care homes in either residential or nursing settings. With age, comes greater risk of accidents as mobility and health decline leading to more serious injuries when accidents do occur. read more...

UPDATE: Changes To Employment Law Following Brexit

May 30th 2023 | employment
Brexit may now seem like a distant memory, but the ramifications are still being dealt with in the legal framework of the UK. Earlier this month the government announced that it was intending to make a number of important changes to employment law in England and Wales. Working Time Regulations read more...

Can My Attorneys Act In My Trustee Role?

May 25th 2023 | powers of attorney
Attorneys act on someone else's behalf, either on their instructions or in their best interests where that person has lost capacity. It is important to note that there are different types of power of attorney. The type that most people are familiar with is Lasting Powers of Attorney (or Enduring read more...

Lasting Power of Attorney- Update

May 18th 2023 | estate planning
There has long been a subtle issue for attorneys acting under a financial power of attorney. This centred around the fact that attorneys are not permitted to delegate their discretion, as they are managing someone else's funds. The pattern of thought has historically been that they should actively manage these, read more...

I Was Injured Working From Home, Who Is At Fault?

May 9th 2023 | personal injury
Since the Covid 19 pandemic the number of people working from home has increased significantly and many businesses continue to move towards hybrid working. Yet remote working poses risks for employers and employees, particularly when it comes to health and safety. If you are injured working from home, who is read more...

HOT OFF THE PRESS: Attendance at trials and CPR 27

May 2nd 2023 | dispute resolution
Does a Claimant who is not at a hearing, but is represented, “attend” that hearing or not? The Court of Appeal handed down judgment in Owen v Black Horse Limited on 24 March 2023. This is an important case for its impact on attending trials, as it answers the above read more...

Can We Fix It? Rectifying Mistakes In Wills

April 27th 2023 | contested probate
It is a fact of life that mistakes happen.  However some mistakes are bigger than others and mistakes made by professionals drafting wills can have disastrous consequences.  Sometimes, the only solution is a claim in negligence but on occasion mistakes in wills can be fixed. Mistakes discovered during your lifetime read more...

Negligence In Will Writing

April 24th 2023 | dispute resolution
A will is probably one of the most important documents you will prepare in your lifetime.  Your will allows you to dictate what happens to your estate after you die and will often also dictate your funeral wishes. It is therefore important that a will reflects your wishes and is read more...

Break Clause Still Valid After 4 Years

April 21st 2023 | commercial property
The High Court has taken being on a break to new heights. It held in a recent case ( Vistra v CDS ) a break notice was still valid four years after being served. The facts of the case get more interesting, the break notice was served by a former read more...

When Is A Will Invalid?

April 20th 2023 | contested probate
In England and Wales the general rule is that you are free to decide how you would like your estate to be distributed after your death, and you can direct that distribution by making a will.  However, when making a will (and after) there are some formalities which need to read more...

Do I Need An LPA If I Have An EPA?

April 14th 2023 | powers of attorney
Lasting Powers of Attorney (LPAs) were introduced in England and Wales under the Mental Capacity Act 2005 which came into effect on 1 st October 2007. LPAs replaced the earlier Enduring Powers of Attorney (EPA) so is it necessary to set up LPAs if you already have an EPA in read more...

7 Steps to Take After Being Made Redundant

April 5th 2023 | employment
Being told your role is redundant can be a stressful and overwhelming experience.  Your first thought is probably “what on earth do I do now?”.   Here are some of the first steps you should take: Speak to a solicitor – there are many steps you can take yourself but it read more...

My Partner has Died, Can I Stay in the House?

March 31st 2023 | dispute resolution
If your partner has passed away, you may find yourself wondering what will happen to your living situation.  The answer really depends on a number of factors, including if the house was owned, by whom, and how. This blog considers some scenarios relating to owned property (not rented) and assumes read more...

Whiplash Reforms: Success or Failure?

March 30th 2023 | personal injury
On 31st May 2021, changes were made to the claims process for low value road traffic accidents for personal injury claims, including whiplash. The Whiplash Reforms applied to claims with a value of less than £5,000 with the aim of simplifying the claims process for small claims. By removing the read more...

Can You Make Redundancies Without Consulting?

March 28th 2023 | employment
A large part of the redundancy process is the need to provide employees with certain information and consult with them about prospective redundancies.  The need to consult is key, and in cases of large-scale redundancies (more than 20 redundancies being made within a period of 90 days or less) the read more...

Compensation for Caregivers: Your Personal Injury Claim

March 15th 2023 | personal injury
If you work as a Health Care Assistant “HCA” you will know that the role can be a hugely rewarding. However tasks associated with the job role can be mentally and physically demanding. From working within residential settings, to caring for clients in their own home, some of the activities read more...

Contentious Probate Claims: Who Pays The Costs?

March 7th 2023 | contested probate
It seems to be a common misconception that in contentious probate claims, all parties have their costs paid from the estate. This simply isn't correct. The matter of whose costs are paid and from where is a complex one, and will often vary case to case. Executors Executors should generally read more...

5 Reasons to Write a Will

March 1st 2023 | wills and probate
A Will is a legal document that outlines how a person's assets should be distributed after their death. Despite its importance, it is estimated that as much as 60% of the population either do not have a Will, or have not reviewed their Will following a major life event (marriage, read more...

Ellis v Bacon: A Study in Martial Status Discrimination

February 28th 2023 | employment
In January 2023, the Employment Appeal Tribunal (EAT) ruled that, in order to succeed in a claim for marital discrimination, it was necessary to show that the reason for the unfavourable treatment was the fact that someone was married rather than just in a close relationship. Background In the case read more...

Can I Write My Own Will?

February 23rd 2023 | wills and probate
A very hesitant yes, but I wouldn't recommend it, and that's not just because it's my job to write wills. There are some real risks to preparing a will at home. Firstly,  you are usually trying to distribute your most valuable assets amongst those you love. If there are issues read more...

What's Yours is Mine?

February 17th 2023 | contested probate
We have particular expertise at Allan Janes in estate litigation of all varieties. By far the most common claims though occur under the Inheritance (Provision for Family & Dependants) Act 1975 when (usually) a spouse or child has been left out of the Will, or have otherwise not received reasonable read more...

Minimum Energy Efficiency Standards

February 15th 2023 | commercial property
1 April 2023 is a key date for the minimum energy efficiency standards (MEES) to commercial property in England and Wales as from then a landlord cannot continue to let commercial property, regardless of when the lease was entered into, if the property has an energy performance certificate (EPC) rating of read more...

What Evidence do I need for my Personal Injury Claim?

February 9th 2023 | personal injury
When making a claim for compensation for personal injury, collecting evidence is vital. Whilst in practice this may seem relatively straightforward, there are different types of evidence required depending on the type of personal injury suffered. As a claimant, below is examples of the evidence you can obtain to assist read more...

Should I Take Out A Prepaid Probate Plan?

February 2nd 2023 | wills and probate
In short, no. These plans have been cropping up more frequently over the last few years, with companies offering individuals the option to buy a plan during their lifetime to cover the costs of administering their estate. Professionally, I have always had issues with this: firstly, the level of work read more...

Can You Inherit The Estate Of Someone You Have Murdered?

January 25th 2023 | contested probate
In England and Wales the general rule is that your estate will go to whoever you wish if you have written a will or will pass under the terms of the Intestacy Act if you have not prepared a will. However there are exceptions to this. One of those exceptions read more...

Electronic Signatures: What Are They and When Can They Be Used?

January 24th 2023 | general
Electronic signatures have been in use throughout the 21 st century but they became a lot more important during COVID as restrictions and lockdowns meant that it was a lot more difficult to sign documents in person. Electronic signatures provide a lot more flexibility, but it is important that you read more...

Signs Your Tenant May Be Facing Financial Hardship

January 23rd 2023 | commercial property
It is important for Landlords to spot the warning signs when a commercial tenant is facing financial difficulties to help them minimise their losses. Tenants are often reluctant to let their landlord know if there are issues, but there are some common signs which might indicate a problem. Paying rent read more...

How Often Should I Review My Will?

January 19th 2023 | wills and probate
Once you complete a will, it is very tempting to put it in a draw and never look at it again (and in fact many people do). However things change, so how often should you review your will? Our advice is generally that you should look at your wills every read more...

Property Auctions: A Quick Intro

January 16th 2023 | residential property
Whether you looking to buy or sell a property it is well worth looking at property auctions as each year thousands of commercial and residential properties are bought and sold this way making auction popular with individuals and investors alike.  A significant benefit of auctions is their speed, you can read more...

Redundancy: Alternatives to Redundancy

January 11th 2023 | employment
When considering making an employee redundant the employer has to consider a number of factors. The first is whether a redundancy has genuinely occurred (i.e. the work of a particular kind has ceased or diminished), who should be selected to be at risk of redundancy, and then as part of read more...

The Impact of Social Media Posts on your Personal Injury Claim

January 9th 2023 | personal injury
It’s fair to say that in current society, social media forms a huge part of our lives. Information posted on social media is typically public as information is readily available through a quick name search. Claimants beware, information from your social media profiles may be disclosed and used to discredit read more...

Redundancy: What Is A Pool And How Do You Select One?

January 4th 2023 | employment
We have discussed in previous blogs when and how a redundancy occurs. When making an employee redundant, you must select the employee by fairly applying objective selection criteria to a pool of employees. The first step there is identifying the pool i.e. the group of employees from which you will read more...

The Court of Protection Goes Digital

January 3rd 2023 | court of protection
On the 1st January 2023, the Court of Protection updated their procedures to enable applications for financial deputyships to be completed online. Based on the latest figures applications for financial deputyships make up 40% of all applications made to the Court of Protection. For the most part they are straightforward read more...

LAW BREAKING IN OUR FAVOURITE CHRISTMAS FILMS?? - Read on to find out which of our most beloved Christmas characters have been taking the law into their own hands!

December 22nd 2022 | social
ELF After Buddy is wrongly assumed to be a department store Christmas elf, he ends up pretending to not only work there, but even sleeping in the shop. Here he has committed the relatively serious crimes of trespassing, fraud and potentially burglary. During his fake employment, he peeps over the read more...

How To Enforce A Judgment

December 20th 2022 | dispute resolution
If you’ve ever been a party to litigation, you may well know that trial often isn’t the end of the matter.  Say you have a debt claim where you have claimed £100,000 against the judgment debtor.  You have a trial, and the judge agrees that you are owed the money read more...

Is A Breach of Executors' Obligations A Crime?

December 12th 2022 | contested probate
I, for one, love a Daily Mail sensationalist headline, but as a lawyer often find the reporting of legal matters can seem misleading.  The recent article entitled “Brother and sister have their uncle JAILED for failing to hand over the £237,500 left to them in their grandmother's will” is a read more...

How Do I Address A Judge?

December 9th 2022 | dispute resolution
When engaging in court proceedings, there are a number of different rules and protocols that must be followed. In particular, it is important that you address the Judge correctly when speaking in court as you always want to try and keep them on your side. The Lord Chief Justice and read more...

What is a Part 36 Offer?

December 6th 2022 | dispute resolution
There are various methods a party can use to attempt to resolve a dispute, if previous negotiations have not resulted in a settlement, a party may consider making a Part 36 offer. A Part 36 offer can be made at any time and can be made by either party, i.e. read more...

Who Is Liable In Business Email Fraud Cases?

December 2nd 2022 | dispute resolution
Email hacking or to give it its proper name business email compromise (‘BEC’), is unfortunately relatively common. The most common scenario is one of a phishing attack where criminals hack a business’s email, and contact their customers or suppliers pretending to be that business and asking them to make payments read more...

How To Add Value To Your Flat Without Carrying Out Any Works

November 24th 2022 | residential property
Another week’s news, another plethora of depressing articles about dropping house prices and predicted double digit percentage price falls got me thinking about how you can add value to your property.  The obvious way to do this is to improve the property by renovating it but it is not the read more...

The Role Of A Certificate Provider

November 22nd 2022 | wills and probate
Solicitor who certified LPAs “as a favour” is fined £6,000. Who knew there could be so much risk in acting as a certificate provider? Well, as the linked article shows, one solicitor found out the hard way. I find this such a strange thing for a legal professional to have read more...

How Will I Pay for a Personal Injury Lawyer?

November 16th 2022 | personal injury
When you have suffered an injury or been the victim of Clinical Negligence, it can be worrying thinking about the cost of a solicitor, but you need not worry. At Allan Janes LLP, we offer funding in appropriate Personal Injury and Clinical Negligence cases by way of a Conditional Fee read more...

Planning for Later Life Seminar

November 10th 2022 | Seminars
Allan Janes hosted this seminar with Duncan Horner of Premier Financial Management and Kate Hetzel of Eximius Care, discussing later life options. This seminar covers: Wills, LPAs and Estate Planning Allan Janes’ Ashley Minott guides you through the importance of preparing Lasting Powers of Attorney, and some of the more read more...

Inheritance Tax Nil Rate Band to Remain Frozen Until 2028

November 8th 2022 | estate planning
Private Client lawyers have long been used to a frozen Inheritance Tax (IHT) threshold (known as the nil rate band). An individual's nil rate band has remained at a constant £325,000 since April 2009 (£650,000 for married couples).   Prior to that date, the threshold had increased on a yearly basis, read more...

What is a Certificate Provider

November 7th 2022 | powers of attorney
We have previously blogged about the significant benefits of putting in place Lasting Powers of Attorney. If you use a professional to prepare that document, invariably they will act as your Certificate Provider (unless they are also a proposed attorney).  However, if you prepare the document yourself, you will need read more...

The Unsuspecting Executor: The Chain of Representation and What It Means

October 24th 2022 | wills and probate
It is sometimes the case that an executor appointed in a Will dies having obtained the Grant of Representation, but before they have completed the administration of the estate. For the purpose of this article, we will call that executor the ‘representative’. If there are other living representatives, they will read more...

How Do I Break A Lease?

October 20th 2022 | commercial property
As well as having practiced as a property lawyer since 2001 I’ve also been an active property investor and developer and over the years I’ve come across many different scenarios that potentially affect all property professionals so over the next few weeks I’m going to be sharing a few of read more...

Help! I Have Been Paid Late (And Other Pay Issues)

October 11th 2022 | employment
Issues regarding pay can cause both employees and employers substantial problems. For the employee, not receiving their correct pay, paying too much tax, or being paid late can very quickly lead to financial difficulties. According to a recent survey, close to 40% of UK households live pay cheque to pay read more...

Dealing with Family Estrangements

October 7th 2022 | wills and probate
As Private Client advisers, we are accustomed to dealing both with close knit families looking for the best way to provide for each other, but also with the fall out when a family member becomes estranged.  Recent research in the US  suggests that half of all families experience some form read more...

A Matter of Trust- The Obligations of a Trustee

October 5th 2022 | trusts
Trusts are generally poorly understood by members of the public (and many professionals) and so it is no surprise that few people actually understand what it means to be a trustee, and the obligations that this entails. To start with, it is important to note that someone acts as a read more...

Whoops! My Property Professional Made a Mistake

October 3rd 2022 | dispute resolution
Whether you are buying your own home, doing a renovation, a property developer or commercial landlord, or at some stage you are likely to use a property professional. This includes architects, surveyors, conveyancing solicitors, planners, agents, valuers, and many more. But what happens if a professional makes a mistake, causing read more...

What’s a Hotchpot and What Does It Have to Do With My Will?

September 30th 2022 | wills and probate
There are many things to consider when drafting your Will and one of those is whether you want your lifetime gifting to be considered in the administration of your estate. A hotchpot clause is designed to ensure that your beneficiaries receive equal benefit from you in life and death. In read more...

How Can I Contest A Will?

September 27th 2022 | contested probate
It is an unfortunate fact of life that a person’s death can often lead to disputes over their estate, and there are a number of challenges which might be made to a will.  From the extreme example of a forged, doctored, or fraudulent will, to one which is improperly signed, read more...

Dilapidations Seminar

September 15th 2022 | Seminars
  Our latest seminar, this time covering issues relating to the repair Obligations of Commercial Landlords and Tenants as well as Diliapidation Claims. Please click here for a copy of the slides.   Please do not hesitate to contact us if you have any queries arising from this presentation.  read more...

Remember a Charity Week

September 7th 2022 | estate planning
Things are a bit grim out there. We are all tightening our belts and watching as costs of daily essentials skyrocket. Time will tell what our new Prime Minister can do to help people with their everyday costs and expenses, however experience has told us that, when times get hardest read more...

"Quiet Quitting": The TikTok Trend Impacting your Business

September 5th 2022 | employment
What is quiet quitting? The term “quiet quitting” has become something of a buzzword of late.  At the time of writing a quick Google search (other search engines are available) of the term yields “about 203,000,000 results”.  The trend seems to have originated on social media platform TikTok.  The idea read more...

The Residential Nil Rate Band – Not All It’s Cracked Up to Be

August 18th 2022 | estate planning
The residential nil rate band was introduced in 2017. At the time, it was hailed as the additional inheritance tax allowance needed to combat rising house prices which were tipping average estates into the grips of the inheritance tax regime. Unfortunately the allowance has never been the easiest thing to read more...

Long Covid: A Disability or Just Disabling?

August 15th 2022 | employment
The snowball effect of COVID has left the some members of the population sniffing and coughing for much longer than the 10 days previously enforced as the isolation period, as they continue to show symptoms of the viral infection. This condition has known to become ‘long COVID’. According to the read more...

Newsflash: Update on Covid and Rent Challenges

August 5th 2022 | commercial property
Following my last blog in October 2021 we shared the gloomy news that three high profile high street tenants, (namely Sports Direct, Mecca Bingo and Cineworld) lost their challenge against payment of rents during the Covid shutdowns in 2020 and 2021. A key argument was that their landlords, Bank of New read more...

Should I Sever My Joint Tenancy?

July 21st 2022 | trusts
Own a house with your spouse? No, this is not the start to a Dr. Seuss poem! This is a blog focusing on domestic co-ownership and how you could be affected by joint tenancy. Commercial co-ownership can be slightly different, and I will aim to address this in a future read more...

Recovering Company Assets

July 15th 2022 | dispute resolution
How do company assets become bona vacantia? When a company is dissolved, any property that it beneficially owns immediately before dissolution is passed to the crown and is then known as bona vacantia, which literally means “ownerless goods”. The main ways in which property becomes bona vacantia are as follows: read more...

The New Coronavirus Commercial Rent Act 2022

July 7th 2022 | commercial property
A new law in England and Wales is now in place to help return order to the commercial property market. It addresses the outstanding rent debts that have accrued during the pandemic. The ‘Commercial Rent (Coronavirus) Act 2022’, which received Royal Assent at the end of March, ended the extended read more...

Delays at the Office of the Public Guardian

July 1st 2022 | powers of attorney
New government statistics confirm what the profession has already known for some time – the Office of the Public Guardian (OPG) is experiencing significant delays in registering Lasting Powers of Attorney (LPAs). Tom Pursglove MP, Justice Minister, confirmed recently that the current average time to register an LPA is around read more...

Business Succession Seminar

June 15th 2022 | Seminars
A recording of our recent succession planning seminar for owner managed businesses. Please click here for a copy of the slides.  Please do not hesitate to contact us if you have any queries arising from this presentation.  read more...

Put Up Or Shut Up: Dealing With Potential Will Validity Claims

June 9th 2022 | dispute resolution
The position for an executor where a person disputes the validity of a Will is extremely difficult. The job of the executor is to distribute the estate in accordance with the Will and in a reasonable timeframe, however if it is invalid, the estate may need to be distributed differently read more...

What is TOLATA and how can it help me?

June 7th 2022 | dispute resolution
Right, first let’s get legal terminology out of the way: TOLATA  or TLATA is an abbreviation of the Trusts of Land and Appointment of Trustees Act 1996. But what is TOLATA, and how can it help me? The Land Registration Act 1925 (LRA 1925) introduced a scheme of land registration read more...

How do I change my Will?

May 26th 2022 | wills and probate
People often wonder the best way to update or change their Wills. There are in fact some firm dos and don’ts in this regard. The formal requirements for a validly executed Will, or amendments to a Will, are set out in the Wills Act 1837 (yes, that old). This states read more...

How to Start a Company: The Shares and Shareholders

May 23rd 2022 | business services
How many shares should your company have? What types of shares should your company issue? Read on to find out the basic information you will need to know about your company’s shares and shareholders. This is the final article in our “How to Start a Company” series. When you register read more...

Probate Frauds

May 10th 2022 | wills and probate
Probate fraud is an age-old issue, but one that is taking a variety of new forms in the digital age. I hope this article will help the unwary executor spot and avoid these traps and also an unwitting beneficiary from falling victim. Types of Frauds Against Beneficiaries It is a read more...

I Have Suffered a Personal Injury; What Do I Do?

April 27th 2022 | personal injury
Personal injuries, however caused, are by their very nature unexpected. Of course the most important thing to do in the first instance is to make sure you seek out appropriate medical help and treatment. But where you need to seek recompense for the loss you suffer as a result of read more...

Eid Fayre at Little Kingshill School

April 26th 2022 | social
Allan Janes are delighted to sponsor an Eid Fayre at Little Kingshill Combined School to celebrate the end of Ramadan, a blessed month for Muslims who fast every day from dawn to dusk. The event is taking place on Friday 6th May from 3:00 - 5:30pm. Families are welcomed to read more...

What Do You Do When Someone Dies?

April 14th 2022 | wills and probate
When someone dies, it can lead to a lot of confusion. Being a probate solicitor I often get a call within a day or two of someone's passing, from friends and family, asking what they should be doing. Here is a short guide to the steps you should take immediately read more...

Business Succession Planning Breakfast Seminar and Networking

March 28th 2022 | social
Business succession planning is often enormously complex, particularly for small to medium, family or owner-managed businesses. If you are considering your next move, there are a number of factors to consider such as whether you want to sell (and how to do that), passing the business to the next generation read more...

A Chat With Our Trainee Solicitors

March 18th 2022 | social
It can be difficult to know what the day-to-day life of a Trainee is really like, so we had a chat with our two Trainee Solicitors, Kezia and Isabel , to give you the inside scoop. This is what they had to say about their experiences as they complete their read more...

Covid, Self-Isolation, and Sick Pay: What's The Deal Now?

March 16th 2022 | employment
As of 24 February 2022, the government guidance on Covid which can be found here states that you will not be legally required to self-isolate if you test positive for Covid19. The government guidance is to stay home "if you can" and avoid contact with other people. This has caused read more...

Saying Goodbye to the SSP Rebate Scheme

February 23rd 2022 | employment
One of the Government's schemes for business assistance during Coronavirus was the statutory sick pay (SSP) rebate scheme.  Under the scheme, employers who paid SSP to employees who were off sick or in self-isolation due to Covid coudl reclaim those costs from the Government.  Employers will no longer be able read more...

A DIY Guide to Litigation

February 10th 2022 | dispute resolution
Whatever you think of lawyers, we do have a purpose and can guide you through the pitfalls of the facts, law, procedure and strategy to, hopefully, a good outcome when you have a dispute. But the fact of the matter is that many people simply cannot afford solicitors and barristers read more...

Is a Counter Notice for Leasehold Extension Validly Sent by Email?

February 4th 2022 | landlord and tenant
The right of tenants of long-leasehold property to extend their leases is a matter of great importance. Getting it wrong, or not applying the rules, can have grave consequences for landlords and tenants. It follows that research on getting your claim and notices served correctly is worthwhile. Under Section 99 read more...

A Step-By-Step Guide to Conveyancing

January 26th 2022 | residential property
Buying or selling property can be a very stressful experience, and it can be difficult to understand why the process seems to take a long time when you don’t know what is going on behind the scenes. Conveyancing is the process of transferring legal title of a property from one read more...

How to Start a Company: The Basics

January 24th 2022 | business services
Thinking of starting your own business? Want to know how to set up a company from scratch? Read on to find out. This is the first of four articles in our “How to Start a Company” series. Setting up a new company can be simple. It may even be a read more...

Excepted Estates – New Inheritance Tax Rules

January 14th 2022 | wills and probate
On the 1st January the Inheritance Tax (Delivery of Accounts) (Excepted Estate) (Amendment) Regulation 2021 came into effect.  Those regulations are designed to greatly simplify inheritance tax compliance with HMRC for “Excepted Estates”. It was, and remains, a requirement for all estates in which there is an inheritance tax liability read more...

Updated Fit Note Rules and Dealing With "Fakers"

January 12th 2022 | employment
From 26 January 2022, employees who are on a period of sickness (provided that period starts after 26th January) can self-certify sickness for up to 28 days. Previously, for a period of sickness extending to more than 7 days, including weekends, the employee needed to attend a GP for a read more...

Why the Ostrich Position is Never a Good Look for a Director

January 5th 2022 | business services
Not only does the Ostrich Position provide an affirmative answer to the question which has troubled philosophers for centuries – “does my bum look big in this?”, it also provides the Courts with a juicy target when looking to apportion blame for company failures. A recent case:  Secretary of State read more...

When Christmas Party Rumours Go Too Far

December 23rd 2021 | employment
What’s the best thing about Christmas?  No, it’s not the turkey, family time, long break from work, or even the presents.  Everyone knows it’s the office Christmas Party and the steaming vat of hot gossip which follows (subject, of course to Boris allowing us to go ahead).  From who wore read more...

Santa Baby: Gifting Allowances this Christmas

December 21st 2021 | estate planning
It’s that time of the year again so let's talk gifting allowances. For those of you who are feeling generous during the festive season, or know someone with a hefty Christmas Wish List, then the amount gifted over the Christmas period can have an impact on the inheritance tax allowances read more...

My dear friend as executor…

December 6th 2021 | wills and probate
A frequently encountered client instruction in private client is the naming of executors and trustees. When writing a Will it is unavoidable, essential information. One problem that pops up however is when a client wants to name their dear friend who is of a similar age. It can be a read more...

Covid Rent Arrears: The Government Intervenes

November 30th 2021 | commercial property
The Government has just introduced the Commercial Rent (Coronavirus) Bill into Parliament which seeks to introduce a statutory arbitration process for dealing with any outstanding Covid arrears that arose during a set period.  The Bill grants commercial landlords and tenants, who have not agreed how to deal with Covid closure read more...

An Idiot’s Guide to Part 36

November 22nd 2021 | dispute resolution
If there is one thorny issue which pervades all of civil litigation, it is this: the recovery of legal costs. Other than in multi-£billion litigation, the subject of legal costs - who pays them and how much - is something that needs to be properly considered before and during the read more...

Care Fee Mitigation

November 17th 2021 | estate planning
Back in January I wrote this blog , which gained significant traction on social media and a number of enquiries to the firm in respect of asset protection trusts. I was very pleased to have been able to prevent some clients from entering into these documents, but sadly I did hear read more...

Can an Attorney or Deputy See Medical Records?

November 15th 2021 | powers of attorney
The Office of the Public Guardian (OPG) has released new guidance to the NHS regarding requests by deputies or attorneys to see the donor's medical records. The OPG have stated that access should be granted to this information if the person making the request 'needs the information to act properly' read more...

Disciplinaries: Reason For Dismissal

November 4th 2021 | employment
A recent case of London Borough of Hammersmith and Fulham v Keable serves a useful reminder to employers to focus on the actual reason for dismissal when carrying out their investigations and disciplinary hearings. In that case the employee, Mr Keable, had made controversial remarks about Zionism (a Jewish National read more...

Why Everyone Should Consider Powers of Attorney

November 1st 2021 | powers of attorney
Lasting Powers of Attorney offer an enormous advantage to those who ultimately need them and too many of us will need them for too many different reasons. They are an invaluable and flexible tool that can be tailored to suit most people’s circumstances. For context, there are currently three different read more...

National Cranky Co-Worker Day: How To Deal With Difficult Employees

October 27th 2021 | employment
Today (27 October) is, according to LinkedIn, “National Cranky Co-Worker Day” (yes, there really is a day for anything and everything).  Take to social media and you’ll see tongue-in-cheek posts tagging the office whinger, as well as numerous articles on how to deal with such co-workers.   All seems to read more...

Employee, Director, Shareholder: What’s The Difference?

October 11th 2021 | dispute resolution
In many businesses, especially small owner-managed or family business, the roles of employees, directors and shareholders are often unclear, as are the rights and responsibilities of each. Directors Directors are responsible for running the business on a day to day basis and most decisions about general management (including spending money, read more...

Covid and Rent Challenges: This Is Not Over Yet

October 8th 2021 | commercial property
While the vaccine rollout has been a gamechanger for the progress of the pandemic it is it not over and the Government’s announcement this week that further measures could be required over winter sends a worrying chill through UK business, as the prospect of further lockdowns cannot be ruled out.  read more...

Wills - A Question of Privacy

September 28th 2021 | wills and probate
It is very common for solicitors to receive calls from family, asking about the Wills of parents, spouses or more distant relations. It is also common for clients to ask when their family will be able to see a copy of their Will. Many people believe that, once you prepare read more...

Can My Wife Witness My Deed?

September 23rd 2021 | commercial property
A deed is a document which requires more than a simple signature to be validly executed. They are used for a range of matters, such as transferring ownership when buying and selling a house. Therefore, it is likely that you will sign a deed at some point in your life read more...

5 Things they do not teach you at Law School

September 22nd 2021 | dispute resolution
If you’re an aspiring lawyer or simply wonder what the difference between studying the law and practice, I’ve compiled a list of things that only working in the real world of law can prepare you for! Here are 5 things that I have learnt on the job or in the read more...

Remember a Charity in your Will Week

September 10th 2021 | wills and probate
This week is Remember a Charity in your Will Week. For most of us it can be pretty easy to overlook the reliance that our society has on charities and those who work in the charitable sector: whether it is The British Heart Foundation or Cancer Research UK who undertake read more...

Gift Exemptions: Inheritance Tax

August 31st 2021 | estate planning
OK, let's talk gifting allowance for inheritance tax. This is a topic that I see a lot of clients get very confused about, whether it's for their lifetime planning or as executors completing an IHT400 where there have been gifts during the deceased’s lifetime.  There were 4 ways in which read more...

STEP Success for Ashley Minott

August 27th 2021 | estate planning
Earlier this month, my associate Ashley Minott  received confirmation that she had passed her final STEP exam and is now entitled to the designation ‘TEP’ (Trust and Estate Practitioner). Ashley becomes a full member of STEP (The Society of Trust and Estate Practitioners) having completed their diploma in Tax and read more...

Law Society Publish Guidance on Blocks of Flats and Cladding

August 19th 2021 | residential property
Buyers of flats are recommended to read the recent guidance provided by the Law Society with regard to the problems which continue to surround fire safety issues with blocks of flats and the requirement, or otherwise, for a Form EWS1, designed by the Royal Institution of Chartered Surveyors to assist read more...

Can You Resign As An Executor?

August 16th 2021 | estate planning
The role of an executor is not something to be taken lightly. In an earlier blog I discussed some of the pitfalls that can arise for executors and the risks associated with the role .  However, what people often fail to realise is that, once you start to act as read more...

Burnout and Boreout: What they are and how to prevent them

August 13th 2021 | employment
Burnout or Boreout? You might have heard the phrase “burnout”, a not-so-novel concept, coined almost 50 years ago in the 1970s by the American psychologist Herbert Freudenberger.  Burnout describes a state of emotional, physical and psychological exhaustion caused by long-term, unrelenting stress. It is most commonly used to describe a read more...

Can I Pay Someone Less if They're Working From Home?

August 10th 2021 | employment
Homeworking has become something of a buzzword since the Government issued its ‘work from home’ mandate in April 2020.  It is estimated that almost half of workers in the UK worked from home in 2020 owing to Coronavirus.  Now that we’re seeing the easing of restrictions and the green light read more...

Top 10 Most Common HR Mistakes

July 21st 2021 | employment
As an employment lawyer, companies often only seek advice from me once things have already gone wrong. I always tell these clients that prevention is better than cure, and good HR advice can save you substantial time, effort, and costs in the long run.  Before I give a shameless plug read more...

Advice for Executors: Estate Accounts

July 14th 2021 | wills and probate
All executors are required to keep accurate and detailed accounts setting out the assets that form part of the estate, details of estate debts and confirming what steps have been taken with assets throughout the estate administration. The accounts also set out how the estate assets have been, or are read more...

Planning For Later Life: Is Your Care Home Inclusive?

June 29th 2021 | estate planning
Estate planning and all that it entails affects different people in different ways. From years of first hand experience l had a pretty good idea of what to write for our Pride series, as estate planning for the LGBT+ community can, and usually does, raise a variety of complex and read more...

Sexual Orientation Discrimination: Do you have a Claim?

June 22nd 2021 | employment
If you have been treated unfairly because of your sexual orientation, you may be able to file a discrimination claim in the civil courts or the employment tribunal. What is sexual orientation discrimination? Sexual orientation is defined by the law as an individual’s sexual attraction towards persons of the same read more...

GP Surgeries and TUPE: What happens when a GP retires?

May 27th 2021 | employment
General Practitioner surgeries are unique businesses, being a private business offering a public function.  The assumption tends to be that GPs are employed by the NHS, but that is usually not the case.  GPs are, most often, private businesses (either companies, partnership or sole traders) who have NHS funding. This read more...

How Can Residents Protect their Local Area from Development?

May 20th 2021 | dispute resolution
One way to protect an area of land from development is to register it as a town or village green, if you can meet certain criteria. Land that has been given ‘green’ status is protected from development and local residents are given the right to use it for recreational purposes. read more...

Bernie's Plight (How to Avoid an Inheritance Dispute)

May 18th 2021 | estate planning
I recently came across this advert, which I think speaks for itself. Bernie, I have no idea who you are, but firstly I feel for your plight. Having witnessed many a family bust up over inheritance, I can vouch from the frontline they are always a miserable affair (and that read more...

What is Probate?

May 17th 2021 | wills and probate
As a person who deals with estates constantly, I often take it for granted that individuals understand what it means to “apply for probate” and why you may need to do this. In case you, like many others, have ever been confused by this concept, here is a brief explanation: read more...

Covid-Secure Hugging: How to Safely Hug In the Workplace

May 13th 2021 | employment
Short answer: you can't.  Long answer: On Monday 10 May PM Boris Johnson announced the next step in the UK’s Covid roadmap.  The eased restrictions included dining inside restaurants, holidays abroad and the green light to hug loved ones.  The latter sounds like the end of social distancing and might read more...

Stress At Work Claims

May 12th 2021 | employment
We all suffer with stress at some point in our lives, and particularly in our working lives.  From tight deadlines to understaffing, there are common workplace issues which cause periods of stress.  Most of the time these are temporary, but for some people stress can be debilitating to the point read more...

Personal Injury Trusts: Who, What and Why?

March 30th 2021 | trusts
There are a wide range of reasons why trusts are still used in modern society (and not all of them have to do with tax). One particularly useful, and often overlooked, type of trust is a personal injury trust. This is a trust which is specifically set up to receive read more...

Uber and the Supreme Court: The Last Word on Worker Status?

March 22nd 2021 | employment
Last month the Supreme Court, the highest court in England and Wales, gave their ruling on the Uber case.  The lower courts had already given the verdict that Uber drivers were ‘workers’ rather than self-employed, and the Supreme Court has now confirmed this position.  But, what does this mean and read more...

Solicitors - The Stereotype vs Reality

March 18th 2021 | wills and probate
To all the lay folk out there, what do you picture when someone tells you they are a lawyer? Is it the man in an expensive suit, working in swanky offices who charges you a small (or not-so-small) fortune? Or maybe the criminal lawyer of many an American movie, banging read more...

Making Gifts Under a Power of Attorney

March 12th 2021 | court of protection
Powers of Attorney (whether they be Lasting Powers of Attorney for Finance, Enduring Powers of Attorney or Court of Protection Deputyship Orders) give an individual the authority to access a person’s financial assets. This includes their bank accounts and investments as well as the authority to sell, transfer or mortgage read more...

The Stamp Duty Holiday Has Been Extended

March 5th 2021 | residential property
As expected, the chancellor announced a three-month extension to the Stamp Duty holiday. This tax break will now finish at the end of June, at a cost of about £1 billion to the Exchequer. The Stamp Duty nil-rate band will then be increased from £125,000 to £250,000 until the end read more...

Budget Update: Furlough Extended

March 3rd 2021 | employment
In another budget announcement today (don’t ask us how many there have been, we can’t keep track either), Chancellor Rishi Sunak formally extended the furlough scheme until the end of September 2021. Currently, employees are receiving 80% of their normal pay, with employers funding national insurance and pension contributions.  From read more...

The Brexit Deal in 60 Seconds

February 24th 2021 | brexit
The UK has officially parted ways with the EU after being a member of both it and its predecessor organisations for almost half a century. Following nine tortuous months of negotiations, and in the final hours of the Brexit transition period, a new Trade and Cooperation Agreement (TCA) was announced read more...

Government Help for Leaseholders with Post-Grenfell Fire Watch Costs

February 8th 2021 | residential property
For those Leaseholders in buildings over 17.7 metres high with unsafe cladding, the Government announced on 31 st January 2021 a £30m fund to provide relief from the costs of providing 24 hour fire wardens (“waking watch”). Lessees have in many cases been burdened with sky-rocketing service charges following the read more...

Rethinking Patient Consent: Changes to the Mental Health Act

February 8th 2021 | wills and probate
Reforming the Mental Health Act 1983 (“the Act”) On the 13 th January 2021, the UK Government published a White Paper, Reforming the Mental Health Act , which recommends the modernisation and improvement of mental health care across the country. Their proposals to reform the governing legislation have been guided read more...

Furlough Updates

February 5th 2021 | employment
It seems that not a month goes by without a change to the furlough scheme, and January was no different.  On 27 January, the Government published a new Treasury Direction which, in summary, confirms that the furlough scheme is formally extended until 30 April 2021.   The Direction also confirms that read more...

What is Chancel Repair Liability?

February 2nd 2021 | residential property
This is a financial burden, falling on owners of certain properties built within an area where the property lies within a parish containing a medieval church built before 1536. This came about following the dissolution of monasteries by Henry VIII when the rectories acquired by monasteries came into lay ownership. read more...

Asset Protection Trusts - The Next Big Mis-selling Scandal

January 28th 2021 | trusts
I am moved to write this blog after a good client of mine recently approached me, having been approached herself by a company offering her an ‘Asset Protection Trust’. Her question for me was should I do it. My unequivocal answer was no for the reasons I will set out read more...

Constructive Dismissal: Whether and When to Raise a Grievance.

January 27th 2021 | employment
Constructive dismissal is a tricky beast for employees, employers, and employment lawyers alike.  When dealing with a constructive dismissal situation you often have to make logical, tactical decisions such as timing your resignation and whether to engage in a grievance process.  Recent case law has highlighted the difficulties when deciding read more...

Buying a House with Solar Panels? Here's What You Need to Know...

January 26th 2021 | residential property
If you’re buying a house with solar panels, you do need to be aware of certain checklists and procedures, in order to avoid a problem later on. There are several reasons why solar panels have proved popular with homeowners: Environmental benefits of using renewable energy rather than fossil fuels Cheap read more...

Buyer Wanted: How do I Sell My Business?

January 25th 2021 | business services
In our blog series we have already looked at “ What to sell – assets or shares ” and “ How to Prepare My Business for Sale ” – which deals with the housekeeping preparations that can increase the value of your business, but a frequent question is “How do read more...

Should I Apply for Probate Personally?

January 21st 2021 | wills and probate
It has always been possible to apply for probate as a private individual, however the prospect of completing tax forms and muddling through the legal jargon of Wills has meant that most executors seek professional assistance. However, in the recent times there has been a steady increase in individuals choosing read more...

Personal Injury Damages: The Dishonest Bungee Jumper v Inconsistent Slipper

January 19th 2021 | personal injury
Most Personal Injury lawyers will approach a client’s damages on the most reasonably optimistic basis, on the documentation and medical evidence available. The insurers will almost always argue lower figures are more appropriate on certain aspects of the claim. Certainly, one should be realistic and sensible when considering offers of read more...

Spanish N.I.E Powers of Attorney - Increased Requirements After Brexit

January 14th 2021 | brexit
The requirements for obtaining a Spanish aliens’ tax identification number (Número de Identidad de Extranjero) vary depending upon the local police’s requirements, however, since 1st January 2021 (and the end of the Brexit transition period) all Spanish police now require a copy of every page of a donor’s passport to read more...

ESG Investing: Doing Well by Doing Good

January 8th 2021 | trusts
ESG stands for Environmental, Social and Governance which are the three essential factors used in measuring the sustainability of an investment. In other words, ESG helps assess which businesses are viable long-term without causing harm to people or the planet. You may also have heard of ethical investing, responsible investing, read more...

Settlement Agreements: What is a Good Settlement?

January 7th 2021 | employment
A settlement agreement, as explained in previous blogs, is a method of ending the employment relationship and settling claims.  They are usually used by employers to avoid having to follow long, arduous and difficult legal processes.  However, they have advantages for employees too. The main advantage is usually that your read more...

“All I want for Christmas is a New Trustee” – Part 1: How To Remove Executors and Trustees – the Court’s powers

December 21st 2020 | contested probate
Executors or personal representatives of a deceased person’s estate are responsible for settling debts of the estate, calling in any loans, realising any property or shares, paying tax and paying distributions to the beneficiaries. They have all sorts of duties to look after the estate as trustees, administer it promptly, read more...

Lasting Powers of Attorney - The Slippery Slope of Digitisation

December 4th 2020 | powers of attorney
There has been an active step by the Office of the Public Guardian towards digitising the process of creating Lasting Powers of Attorney (LPAs). This has been met with mixed reviews, with solicitors in particular showing general concern about the changes being made. As of the 17 th July 2020, read more...

What are Cryptoassets and How are they Treated in Court?

December 4th 2020 | trusts
There is no single agreed definition of a cryptoasset and the market is constantly evolving so that new variations regularly emerge. However, broadly speaking, cryptoassets can be defined as digital assets that utilise cryptography (the science of protecting information through secure technology).  Cryptocurrencies, which are a type of cryptoasset, are read more...

EWS1 Form Only Necessary for Buildings with Cladding

December 3rd 2020 | residential property
The EWS1 form was designed by the Royal Institution of Chartered Surveyors (“RICS”) in December 2019 to allow building owners to confirm that an external wall system on a residential building had been assessed for safety by a suitable expert. When the EThe EWS1 form was designed by the Royal read more...

Covid Guidance Update: Notice and Furlough

November 13th 2020 | employment
How do you like to spend your Friday evenings?  If it's reviewing HMRC guidance then you’re in luck because the Furlough Guidance has just been updated. The latest update is an important one.  It confirms that for furlough claims periods (a claim period being a minimum of 7 days) starting read more...

Self-builders risk losing Community Infrastructure Levy (CIL) exemption

November 12th 2020 | residential property
A recent appeal case decision has underlined why it is essential that self-builders serve the Assumption of Liability Notice and the Commencement Notice on the Local Authority before starting work on a development which would otherwise be liable to CIL. Under the 2010 CIL Regulations, self-builders are able to claim read more...

Survivorship Provisions- 30 Days to Benefit

November 9th 2020 | wills and probate
It is common to included a survivorship clause in Wills. The logic behind this is to prevent assets from passing to a beneficiary who dies shortly afterwards and so has very little or, more likely, no benefit from the asset. If the soon-deceased beneficiary leaves a taxable estate then the read more...

Extended Furlough: Rehiring Redundant Employees

November 6th 2020 | employment
Martin Lewis, Money Saving Expert, has in his latest newsletter encouraged employees who have recently been made redundant to contact their employers and seek to be re-hired and furloughed, following confirmation from the Government that employers are entitled to do this on the extended scheme.  However, whilst that would probably read more...

Succession, Inheritance and Surrogacy: The Issues

November 4th 2020 | wills and probate
Surrogacy is when a person agrees to bear a child for someone else. Although it is legal in the UK, surrogacy arrangements cannot be enforced by the courts and it is illegal to pay the surrogate anything other than their reasonable expenses. This therefore limits the type of surrogacy arrangements read more...

Extended Furlough: What’s The Deal?

November 2nd 2020 | employment
On Saturday 31st October 2020, the Government made Halloween the scariest yet…with the announcement of a second lockdown.  To compense for “Lockdown 2” the Government have taken the decision to extend the furlough scheme.  What does this mean? Well, the complete guidance hasn’t yet been released, but here’s what we read more...

Job Support Scheme: Further Details

October 27th 2020 | employment
A policy paper has been published by HMRC, which provides further details of the Job Support Scheme which comes into force when the current furlough scheme ends this month.  The Job Support Scheme was originally intended to benefit employees who were working at least one-third of their normal hours (though read more...

5 Reasons You Should Consider Online Dispute Resolution (ODR)

October 22nd 2020 | dispute resolution
Everyone that knows me also knows that I am a huge fan of mediation as one of the Alternative Dispute Resolution methods. Being both a people and "outdoorsy" person, I believe mediation provides a great context to see and hear what the issues are and set about resolving them through read more...

Covid-19 - The Clinically Vulnerable At Work

October 19th 2020 | employment
The Government recently update its advice for clinically vulnerable individuals - those previously covered by the ‘shielding regime’.  With regards to work, the Government’s advice is that clinically vulnerable individuals should work from home where possible. However, at all risk levels under the tier system, employees may attend their workplace read more...

Converting Commercial Property to Residential

October 13th 2020 | commercial property
Under the terms of the General Permitted Development Order (GDPO) in 2015, an owner of commercial property may be able to convert that to residential property without specific planning permission.  This means it is entitled to do so under the terms of the GDPO.  It is, however, important to understand read more...

Job Support Scheme: Extension for Covid-affected Businesses

October 12th 2020 | employment
On 9th October 2020, Chancellor Rishi Sunak announced that the Government would be extending the Job Support Scheme previously announced as part of the Winter Economy Plan .  The previous announcement stated that employees must work one-third of their normal working hours in order to be eligible for the new read more...

Buying a Business – Buy the Assets or the Shares?

October 9th 2020 | business services
Whenever two parties are discussing the sale or purchase of a business, this is usually the first point of contention – so why does it make a difference, and which should you buy? Shares When you purchase the shares of a company, you are buying all of the historical baggage read more...

Online Probate Applications Mandatory from Next Month

October 1st 2020 | wills and probate
More news from the ongoing farce that is that probate application process. Subscribers to this venerable blog will be well aware that last year the Government implemented a brand new, all singing, all dancing probate application system. No doubt they were cogniscent of the frankly embarrassing 2 to 4 week read more...

Modern Technology – An Executor’s Nightmare

October 1st 2020 | wills and probate
A recent Direct Line survey has found that modern technology has been making it more difficult for executors to correctly administer estates. This has largely been blamed on the rise of online only banking and the use of biometric login details. For environmental and confidentiality reasons, most people now opt read more...

Future change in Help to Buy: Equity Loan Scheme

September 29th 2020 | residential property
The existing Equity Loan Scheme run by the Government via Homes England comes to an end on 31st March 2021. From that date, an entirely new scheme will be available for first-time buyers from developers who are separately registered under the new Scheme. The developers will be required to offer read more...

Furlough 2.0? The Winter Economy Plan 2020

September 28th 2020 | employment
On Thursday 24th September, the Chancellor of the Exchequer announced the Winter Economy Plan, amid concerns over what would happen to the estimated 5.3 million people still on furlough.  The new Job Support Scheme is not a direct replacement for, or continuation of, furlough.  It is aimed to get workers read more...

Attorneys vs Deputies- What is the Difference?

September 23rd 2020 | court of protection
When it comes to managing other people’s affairs, there are effectively two ways to gain authority. To the lay person the distinction is not always apparent, however there are significant differences in the time and cost involved in one route over the other, as well as the reason why a read more...

Is My Business Saleable?

September 16th 2020 | business services
Business succession is something that is all too easily overlooked when you are engaged in the day-to-day struggle of running a successful business. Very often the owners of an SME will approach retirement age with no clear idea of how to move their business on, which can frequently lead to read more...

Mental Health First Aid: What is it and do you need it?

September 3rd 2020 | employment
“Mental health first aid training” sounds all very modern, doesn’t it?  I imagine many readers of this blog will be tempted to roll their eyes at the suggestion that anyone could make a living providing such training. You might also assume that it’s a knee jerk (and probably short-lived) reaction read more...

Remote Witnessing of Wills – Goodbye Horse, Hello Stable Door

August 27th 2020 | wills and probate
As anyone who has attempted to complete their Will over the last few months will know, the process of attestation has been a veritable pain in the proverbial. Wills Act 1837 Attestation in the case of Wills simply means signing. However the formalities for this process, as laid out in read more...

Why Use A Solicitor For HR Services?

August 27th 2020 | employment
Many people view HR Consultants as the cheaper and more obvious option to provide “day-to-day” HR services. These services include the provision of contracts and staff handbooks as well as advising on disciplinary and capability issues within your business. However, it is important to consider whether they are always the read more...

I’ve Been Offered A Settlement Agreement: What Do I Do Now?

August 20th 2020 | employment
A settlement agreement (previously known as a compromise agreement) is an agreement between employee and employer which records the terms on which claims are settled. However settlement agreements are not only used when there is a dispute or employment tribunal claim.  In fact, settlement agreements are most commonly used to read more...

Redundancy and Furlough: Notice Pay

August 11th 2020 | employment
When an employee is made redundant, they are entitled to receive: A Statutory Redundancy Payment (a payment based on their age, length of service, and salary); A payment in lieu of accrued but untaken holiday; and Notice. Notice is usually either worked by the employee, paid in lieu (subject to read more...

Who’s On The Hook?- The Case of Linda Box

August 6th 2020 | wills and probate
Cases involving a former solicitor, Linda Box, who misappropriated estate funds are currently before the Courts. Ms Box was jailed in 2017 for fraud, theft, and forgery, having stolen millions of pounds from clients during her years in practice.  It can be quite uncomfortable for us as lawyers to discuss read more...

My Employee Is Too Expensive – Can I Make Them Redundant?

August 4th 2020 | employment
This article deals with a question I am asked frequently: does a redundancy situation arise where an employee is simply too expensive? Most would say that is the very definition of a redundancy but in reality, the answer is often “no, not really”.  A redundancy situation occurs when an employee read more...

How To Make Redundancies Without Going Through a Redundancy Process

July 20th 2020 | employment
The suggestion that you could make redundancies without going through the process probably sounds too good to be true, and there certainly are caveats.  However, in theory it is entirely possible.  Many people probably do not realise that when making redundancies there is an option for employers to offer a read more...

Deathbed Gifts

July 17th 2020 | wills and probate
Death bed gifts, or donatio mortis causa ("DMC") , are a bit of a legal quirk. They received some publicity when the residential nil rate band was introduced a few years ago as a possible way of side-stepping the £2m taper threshold. So, what are they? A DMC is a read more...

Redundancy and Furlough: Two Words of Warning For Employers

July 16th 2020 | employment
As the furlough scheme begins to change, and employers’ contributions to the costs increase from next month , many businesses may now be turning their attention to the longer term viability of their business.  This may include whether they can afford the increased contributions, or must now consider measures to read more...

Furlough Scheme: Staff Retention Bonus

July 8th 2020 | employment
Chancellor of the Exchequer, Rishi Sunak, has today annouced  his "mini budget", including his Plan for Jobs measures.  A far cry from yesterday's concerns that  employers who cannot retain furloughed staff will have to repay the furlough monies , the Chancellor announced a staff retention bonus. Full details of the read more...

Inheritance Act Claims: Good News on the Price of Success

July 1st 2020 | dispute resolution
A recent High Court case has opened the door to Claimants in Inheritance Act claims recovering the additional ‘success fees’, where these were previously non-recoverable in most litigation since 2013. Those wishing to contest the probate of an estate, or to claim financial provision under the Inheritance Act 1975 (the read more...

Remembering Charities

June 30th 2020 | wills and probate
When preparing Wills, one of the most difficult points for clients (particularly those with young children) to think about is a disaster provision. Sometimes (and with misplaced cheeriness) known as a Disneyland Clause, these ask a client to consider who they would wish to inherit their estates if, at the read more...

Allan Janes Quiz: Round 1 Answers

June 4th 2020 | social
A big thank you to all those who participated in Round 1 of our quiz.  The answers are set out below.  Get ready for Round 2 tomorrow for more chances to win. Legal Stuff The Old Bailey. 3* – England and Wales, Scotland and Northern Ireland;   * however, with the read more...

Monitor Your Property – Protect Yourself Against Fraud

June 4th 2020 | residential property
Currently, more than 85% of land in England and Wales is registered at the Land Registry. The Land Registry is working hard to encourage landowners to register their land, and has committed to registering 100% of land in England & Wales by 2030. While this will assist in establishing ownership read more...

Covid-19: Testing, Tracing and SPP

May 28th 2020 | employment
The Government has launched as at today's date (28 May 2020) the new Test and Trace system.  This means that anyone with symptoms of Coronavirus must now (in addition to self-isolating as before), go online, register their symptoms and order a Covid-19 test. If you test positive for Coronavirus, you read more...

Covid Crisis – Some Small Relief for Company Directors?

May 27th 2020 | business services
Unless you are Amazon, a major supermarket or a supplier of PPE, you would be forgiven for feeling a little punch-drunk at the moment as you attempt to steer your business ship through uncharted and ever-changing waters. The Government has worked hard to provide some relief to the bulk of read more...

Thrown Under the Trustee Bus – A Cautionary Tale

May 26th 2020 | trusts
The role of trustee is a thankless task. Given its ongoing nature, it is certainly easy to argue that it is more onerous than acting as an executor (and that is certainly not without its problems ).  Acting as trustee can take up a considerable amount of time, place significant read more...

When is a Licence Not a Licence … When it’s a Lease!

May 21st 2020 | commercial property
Short term tenants of commercial premises may sometimes be allowed occupation under the terms of a licence, or even a tenancy at will.  This is an informal way of granting occupation of whole or part of a commercial property, usually for a short period of time, without entering into a read more...

The Role of Executor – A Risky Business

May 19th 2020 | wills and probate
Glancing through the news recently I noticed a story about an executor who has had a warrant issued for his arrest due to his failure to comply with his duties. The role of an executor carries quite significant obligations and the consequences for failing to correctly administer an estate can read more...

Friends with Benefits: Inheritance Dispute Update

May 13th 2020 | contested probate
Firstly, I should say that this case law update isn’t quite as racy as the title suggests. Promises as to who is to inherit farmland are usually amongst family: "One day, son, all of this will be yours" - you get the idea.  But the High Court has recently seen read more...

Covid-19: Coronavirus Job Retention Scheme Update

May 12th 2020 | employment
The Chancellor of the Exchequer, Rishi Sunak, has today announced that the  Coronavirus Job Retention Scheme  or 'furough scheme' will be extended until October 2020. It has been confirmed that no changes will be made until the end of July 2020 with employees continuing to recieve 80% of their salary read more...

Land Registry Help During Covid 19

May 6th 2020 | residential property
As of Monday 4th May, for a temporary period, the Land Registry will not require “wet signature” documents and will accept deeds signed in pen, witnessed in person and scanned and sent in PDF, JPEG or similar means to their lawyer who will attach those details to the final agreed read more...

"Town Talk” webinar with guest Steve Baker MP

May 4th 2020 | business services
Allan Janes Corporate partner Iwan Emanuel will be taking part in a “Town Talk” webinar organised by HW Bidco on Tuesday 5th May at 3pm to discuss Coronavirus business support and advice. Speakers will include Steve Baker MP and advisers from Bucks Business First, Saffery Champness, Optimum Finance and Allan read more...

Covid-19 Claims and Compensation

April 21st 2020 | personal injury
I am sorry to have to write a piece like this via media with the Coronavirus having taken many loved ones away from us. Could this have been avoided in some cases? Should the state intervene and provide compensation to families of nurses and doctors who have lost their lives read more...

Right of Light and City Centre Development

April 17th 2020 | residential property
The recent decision in the case of Beaumont Business Centres Ltd v Florala Properties Ltd makes clear that developers of city centre buildings should not assume that the Courts will not grant an injunction for breach of rights of light where they have completed construction of offending works. In such read more...

Lockdown, Quarantine and Contracts – What if Compliance is Impossible?

April 9th 2020 | business services
The Government’s Coronavirus lockdown has placed us in the unusual situation where performing a contract may, through no-one’s fault, prove impossible or even unlawful. Whilst the Coronavirus Regulations have some exemptions for essential work, a lot of important business activity is nonetheless non-essential in this time of crisis. So, if read more...

How to Sign a Will During Coronavirus Lockdown

April 6th 2020 | wills and probate
The current COVID 19 crisis has lead people to review their circumstances and, as such, Private Client practitioners have seen an increase in the demand for Wills. This has been from a combination of people who had no Wills in place finally deciding to put their affairs in order and read more...

The Checklist- Getting your Affairs in Order

March 23rd 2020 | wills and probate
In light of the recent coronavirus outbreak, I have received several concerned calls from clients in relation to steps that they should be taking. I am not the alarmist type, and so have stressed the need to remain calm, however the virus has caused many people to take a look read more...

You Can't Write your Will on Loo Roll

March 19th 2020 | wills and probate
As I am sat here, at home, pondering the meaning of the Universe and trying to remember what the world looked like pre-Coronavirus (ah, halcyon days), I am moved to comment on our fascination with loo rolls.  I understand that the reason we started panic buying loo rolls has something read more...

Allan Janes Covid 19 Business Announcement

March 18th 2020 | business services
To all of our clients, friends and contacts, we thought it would be helpful to set out our own response to recent events and, in particular, how your matter will be dealt with in the coming weeks and months.  Business Continuity  Despite the recent difficulties and government directives we, as read more...

Coronavirus: Employers’ FAQs

March 17th 2020 | employment
All information in the below article is correct as at the date of publish (17 March 2020).  However due to the ongoing nature of the Coronavirus outbreak, the information below may be liable to change at any time.   Further to our previous blog post about COVID-19 - commonly known as read more...

How Do I Exercise A Break Clause?

March 13th 2020 | commercial property
Within the terms of a commercial property lease there is sometimes an opportunity to prematurely determine a lease term before it has come to its contractual end.  This is known as a “break clause” or “early termination provision”. The terms of the break clause within the lease will determine how read more...

Employment Tribunals: Annual Increase on Compensation Limits

March 6th 2020 | employment
The Employment Rights (Increase of Limits) Order 2020 has been placed before Parliament.  This order sets out the rates which apply in the Employment Tribunals when calculating compensation payments.  The limit for a 'weeks pay' also applies to statutory redundancy payments, as well as basic awards in the Tribunal. The read more...

Code for Leasing Business Premises updated by RICS

March 5th 2020 | commercial property
In February 2020, the Royal Institution of Chartered Surveyors (“RICS”) launched the Code for leasing business premises in England and Wales, which will officially come into effect on 1st September 2020 (“Lease Code 2020”). The Lease Code 2020 will replace the existing 2007 Code for leasing business premises, which was read more...

Coronavirus: Guidance For Employers

March 4th 2020 | employment
If you have seen the news at all in the past month, you will need absolutely no explanation as to what coronavirus is!  However, on the slight chance that you might have been living under a rock, COVID-19 – widely referred to as ‘coronavirus’ is, according to the World Health read more...

Problems With New Build Properties: New Homes Ombudsman

February 26th 2020 | residential property
The Government announced on 24th February that it will introduce legislation for a New Homes Ombudsman, to provide buyers of new homes with a free, independent complaints procedure to resolve problems with newly-built homes. All developers of new homes will have to belong to the scheme (which will be separate read more...

“How do I get out of here?” – Share Buybacks Can Make for a Smooth Exit

February 21st 2020 | business services
Shareholders approaching retirement are often concerned that their options to leave their business, and extract some value, may be limited, especially if they are in business with other shareholders who have different exit timetables. For most shareholders, the options are: Sell your shares to the other shareholders; Sell the entire read more...

“You Stink!”: Handling Awkward Conversations With Your Staff

February 19th 2020 | employment
It is possibly one of the most awkward situations that you may be asked to handle as a Manager or HR Professional: confronting an employee about personal appearance or hygiene.  However, it is an important issue to deal with swiftly and sensitively, as left unchecked, it could affect the employee’s read more...

Entrepreneur’s Relief to Disappear?

February 14th 2020 | business services
Entrepreneur’s Relief has been an important tax break for business owners, allowing them to reduce their Capital Gains Tax liability on qualifying assets (which may be their shares in a business, or assets that they have lent to their business) to only 10%. Entrepreneur’s Relief can also apply to Trustees read more...

Commercial Property: Bank of Mum and Dad?

February 13th 2020 | commercial property
There is perhaps a striking similarity between supporting one’s offspring for a lifestyle they cannot afford and being a tenant of commercial premises.  Frequently commercial leases oblige the tenant to be responsible for certain costs and outgoings on the property.  Obvious provisions such as paying annual rent and a contribution read more...

The Importance of a Staple

February 11th 2020 | wills and probate
Who knew a staple could cause so many problems? When a professional drafts a Will, we generally arrange for them to be sewn with ribbon or bound. This not only looks nice but also makes it harder for clients to unsuspectingly separate the document.  Where it is apparent that a read more...

What Are The Benefits Of Using A Solicitor For HR Advice?

February 11th 2020 | employment
By now, you may well have heard of our Employment Retainer Package which provides your business with flexible, cost effective HR support. But you may wonder why you would use a solicitor rather than a HR Consultancy Business.  We consider that the benefits are endless, and to name just a read more...

Unlocking Restrictive Covenants

February 10th 2020 | dispute resolution
Whether you are a homeowner with the benefit of a covenant, want to do a deal for the release of a covenant, or want to challenge a covenant to permit a change of development of land, our property dispute specialists at Allan Janes can help. What are Restrictive covenants? Restrictive read more...

You Can Be Discriminated Against For Being Vegan

January 31st 2020 | employment
Somewhat surprisingly, given that a Tribunal recently ruled that it was not possible to be discriminated against for being vegetarian , a different Tribunal has ruled that ethical veganism is a philosophical belief which is capable of being protected under the Equality Act 2010. The case concerns a vegan, Jordi read more...

Trusts Affecting Property: Who Owns What?

January 22nd 2020 | dispute resolution
One might be forgiven for thinking that the owner of property is the person named on the deeds or named as proprietor at the Land Registry. There are however a number of ways in which it is possible to establish a beneficial ownership of property. Beneficial ownership is a right read more...

Change to Electrical Safety Regulations for Landlords

January 17th 2020 | landlord and tenant
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, if passed by Parliament, will be applicable to new residential tenancies from 1st July this year and existing tenancies from 1st February 2021. The Regulations will not apply to premises let by social or resident landlords, or long read more...

Transgenderism: Employment Law Update

January 6th 2020 | employment
A new case which has been heard in the Employment Tribunal has potentially far-reaching implications both for the Equality Act and for freedom of speech. Under the Equality Act, a person is protected from discrimination as a result of their religious or philosophical belief.  What constitutes a philosophical belief is read more...

Probate Delays - Update

January 2nd 2020 | wills and probate
As any keen reader of our blog will have noted by now, there has been an ongoing debacle at the Probate Registries (part of Her Majesty's Courts and Tribunals Service), which has resulted in substantial delays in issuing Grants of Probate. Perhaps mindful of the season, in November HMCTS announced read more...

A Scottish Connection

December 20th 2019 | wills and probate
Fun Fact! Did you know that you can make a Will at the age of 12 in Scotland? There are quite a few variations in the law when you head north of the border, and it is important to remember that Scotland is a separate legal jurisdiction. As such, careful read more...

8 Signs That Your Estate is Likely to be Contested

December 12th 2019 | contested probate
Estate administration is a curious beast. On the one hand it is a legal exercise which can often involve complex issues of taxation and succession (amongst others). On the other, it is a deeply personal process that often carries huge significance for both the person carrying it out and the read more...

Employee Monitoring: Secret CCTV Cameras

December 11th 2019 | employment
Employee monitoring is a controversial and complex issue covering not only employment law, but data protection, and human rights issues. There are a number of types of monitoring including monitoring of email content and traffic, internet or telephone use, or CCTV.  This article focuses on use of CCTV in and read more...

Guide to The Court of Protection - Health and Welfare Deputyship

December 9th 2019 | court of protection
If someone loses capacity without having a valid Lasting or Enduring Power of Attorney in place, then those seeking to make decisions will need to apply to the Court of Protection for the authority to make decisions on their behalf. There are several types of a decision that the Court read more...

Three is not Always a Crowd for a Groupie

December 4th 2019 | commercial property
Whereas it is not unusual for a commercial lease to contain provisions dealing with underletting, is an underlease always required when you are sharing occupation of a commercial building, or considering letting a tenant share occupation of a building you may own?  The answer is not necessarily.  It is quite read more...

Enfranchisement – Good news for Landlords, bad news for Tenants

December 2nd 2019 | residential property
A recent decision by the Supreme Court ( Sequent Nominees Ltd (formerly Rotrust Nominees Ltd -v- Hautford Ltd [2019] UKSC47) determined that it was reasonable for a Landlord to decline a Tenant’s application to apply for planning permission for change of use of a property to residential, where that would read more...

Young Professionals Networking Event

November 27th 2019 | social
Allan Janes host the next Young Professionals meet-up on Thursday 5th December at The Mad Squirrel in High Wycombe. This event is an amazing opportunity to get to know your local professionals in an informal setting over a pint (or two!). If you are interested in attending or know of read more...

Settlement Agreements: What Should You Be Contributing Towards Fees?

November 14th 2019 | employment
When an employer offers an employee a settlement agreement, the employee must take legal advice on the “terms and effect” of the proposed agreement in accordance with Section 203 Employment Rights Act. It is standard practice that an employer will contribute to the costs of the employee taking that legal read more...

Thinking of Breaking Up?

November 12th 2019 | commercial property
A relationship between a landlord and a tenant is (usually) governed by a commercial lease which the parties have entered into at the same time as the tenant takes occupation of the property.  Such commercial relationships are, hopefully, usually harmonious.  But what happens when one party wants to end the read more...

Guide to The Court of Protection - Property and Finance Deputyships

November 6th 2019 | court of protection
What happens if decisions need to made for someone who lacks mental capacity? With an ageing population this is an issue which has become more prominent in people's mind. This is further compounded by significant care costs and high property values, which mean that incapacitated individuals are left with valuable assets read more...

The Horror of Homemade Wills

October 31st 2019 | wills and probate
I have been seeing more and more homemade Wills in recent years. I will freely admit that, as a Probate Solicitor, these fill me with dread. This is because homemade Wills usually lack useful administrative provisions, or worse, contain clauses which are unworkable or open to challenge. I would never read more...

Side Letter Leggings or Full Denim Deed?

October 29th 2019 | commercial property
For those of you who are fashionista’s of Vivienne Westwood’s global empire I imagine that as a landlord one could only dream of the prestige of being one or more of her landlords (consider one’s image daaaahrling) and the unimaginative wealth of interest it would generate in the property investment read more...

Harassment Is Not Always Discrimination!

October 29th 2019 | employment
Harassment is defined in Section 26 of the Equality Act. It has a particular definition unique to the Equality Act which is as follows:- a person (A) harasses another (B) if- a) A engaged in unwanted conduct related to the relevant protected characteristics, and b) the conduct has the purpose read more...

Do I Need a Commercial Lease?

October 24th 2019 | commercial property
Although the risks of not having a commercial lease in place to formally document a tenant’s occupation is probably more of a risk from the landlord’s perspective there are a number of reasons why both a landlord and a tenant should enter into a formal lease: Certainty of terms – read more...

Litigation Privilege: The Dangers of Discussing Litigation in Emails

October 22nd 2019 | dispute resolution
We have discussed before in a previous blog post the difficulties in maintaining privilege in documents produced for employment cases within a company. However, there is similar difficulties in maintaining litigation privilege in commercial disputes. But what is privilege? In order to understand privilege, you need to understand the process read more...

Guidance on Menopause

October 18th 2019 | employment
18th October 2019 marks World Menopause Day - a subject which is surprisingly important for employers! A recent  government study  on menopause and it's effect on working women suggests that "significant numbers of working women experience problems at work as a result of individual symptoms" and that some aspects of work read more...

Probate Fee U-Turn

October 14th 2019 | wills and probate
I am delighted to report that the Government has now announced the formal scrapping of its proposed probate fee hike, or, as they put it:  "We will withdraw these proposals, and keep the current system while we take a closer look at these court fees as part of our annual read more...

Can You Be Discriminated Against For Being Vegetarian?

October 3rd 2019 | employment
In short- no. A recent case heard in the Employment Tribunal of Conisbee v Crossley Farms Limited decided this very issue. Under the Equality Act 2010, workers are protected from being discriminated against on the grounds of their religion or beliefs. In this case, the claimant claimed that they had read more...

Swedish Death Cleaning - All You Need to Know

October 1st 2019 | wills and probate
I have apparently arrived late to the game of Swedish Death Cleaning, a phenomenon which first garnered attention early in 2018 following the release of the book ‘The Gentle Art of Swedish Death Cleaning’ by Margareta Magnusson. Everyone who has experienced the loss of a loved one, and especially anyone read more...

A Quick Guide to Trusts

September 25th 2019 | trusts
The concept of trusts can be a difficult one to explain to non-lawyers. Most people know that they exist but have very little knowledge about how they operate or why they might be established. In recent years they have received a particularly bad rap as they have become associated with read more...

Shareholders Agreements – Who Needs them?

September 23rd 2019 | business services
French employers complain these days that it’s less risky to marry someone than employ them, since the state of French employment law is such that it’s easier to divorce a person than to fire them. And, in many respects, when we enter into business with someone, it is a bit read more...

Allan Janes at Kop Hill Climb

September 18th 2019 | social
Allan Janes LLP will, yet again, make an appearance at Kop Hill Climb on 21 st & 22 nd September 2019. Kop Hill Climb, for those of you who are not familiar with the history, started originally in 1910 as a motorsport event with vintage cars and motorbikes racing up read more...

5G Mobile Phone Mast Consultation

September 4th 2019 | residential property
Designed to support the deployment of 5G networks across England, the Government has proposed reforms to the development rights belonging to electronic communications code operators under the Town and Country Planning (General Permitted Development) (England) Order 2015. The proposed reforms, designed to extend geographical network coverage, would allow Code operators read more...

What’s Down the Back of your Corporate Sofa?

September 2nd 2019 | business services
“Bona Vacantia” might sound like the sort of thing Jacob Rees-Mogg would say when giving his dog a juicy treat, but it is in fact an ancient legal doctrine which has some sharp teeth of its own. When William the Conqueror won the English crown, he claimed all English land read more...

Probate Delays

August 22nd 2019 | wills and probate
In an effort to increase efficiency, the probate Courts introduced an all singing, all dancing new system earlier this year.  From a desperately inefficient 2 - 3 week wait for a Grant of Probate, Grants are now being issued in around 3 months..  Sadly, that's not a typo but fear read more...

What Happens If I Do Not Have a Will?

August 21st 2019 | wills and probate
A Will is a document, created by someone during their lifetime, which sets out what they would like to happen to their assets when they die. If you die without a Will, your estate passes under the rules of intestacy. There are several common misconceptions about what happens when someone read more...

Surgery, Clinical Negligence, and The Need for Informed Consent

August 20th 2019 | personal injury
It has been four years since the decision made in Montgomery . Mrs Montgomery was a diabetic and became pregnant. The mother carried a risk of a larger than average baby as a result and there was a higher risk of shoulder dislocation occurring during labour which posed a significant read more...

The £1 Million Inheritance Tax Threshold - Is it Real?

August 14th 2019 | wills and probate
The concept of inheritance tax is fairly strange to our American cousins. In the UK, when someone dies, any amount in their estate above their available tax-free allowance is charged to tax at 40%. There are some exceptions to this rule, for instance if estates are passing to spouses or read more...

What is the Trust Registration Service?

August 13th 2019 | trusts
If you are reading this blog, chances are you already have some idea what the Trust Registration Service (TRS) is. Perhaps you are a trustee wondering whether you need to register with this service. Maybe you are thinking of setting up a trust, or have already set up a trust, read more...

Social Media in the Workplace - What Is Your Problem?

August 12th 2019 | employment
As an employer, it is often difficult to tell where the boundaries lie regarding the implications of your employee’s actions on social media. A recent case heard at the Employment Appeal Tribunal (EAT) held that, in Forbes v LHR Airport Limited , the posting of an offensive image on Facebook read more...

Help to Buy Loans: There's No Such Thing as a Free Lunch

August 6th 2019 | residential property
Help to Buy in England was introduced to assist those buying a home on a new-build development. The Government, via Homes England, will provide an equity loan of up to 20% (outside London) and 40% (in London) subject to a maximum purchase price of £600,000 and on which no interest read more...

Lifetime Gifting: A Salutary Lesson

July 31st 2019 | wills and probate
A friend of mine recently forwarded this article to me, asking what the legal position is in relation to gifts to children, and if parents have an ability to ask for their money back. In this scenario, a lady’s parents gifted her £100,000 to help her to buy her home. read more...

Can Employees Take Holiday Whilst on Sick Leave?

July 30th 2019 | employment
The law relating to holiday rights and sick leave was in a state of uncertainty for some years. There were many unanswered questions, including whether a worker (see our previous blog post for an explanation of who falls within the ‘worker’ category’) on long-term sick leave can take annual paid read more...

Holiday Home Owners Take Note: Brexit and Brussels IV

July 25th 2019 | brexit
This article will have specific relevance if you are a British National (even if not living in Britain) who has property in mainland Europe. This doesn’t need to be a holiday home, it could be (more or less) any other type of capital investment (cash, shares, your main residence, a read more...

Can Employees Secretly Record Meetings?

July 25th 2019 | employment
In most cases, it is misconduct for an employee to make a covert recording at work because it breaches the implied term of trust and confidence, but a recent ruling at the Employment Appeal Tribunal (EAT) showed that it depends upon the purpose of, and circumstances surrounding, the recording. Compensation read more...

Brexit Stands as an Unviable Reason to Break a Commercial Lease

July 24th 2019 | commercial property
Landlords – heave a sigh of relief, tenants – look the other way. Following from my earlier article on this subject, the European Medicines Agency (“EMA”) has announced that it will not be appealing the High Court’s ruling which determined that Brexit would not frustrate its 25 year lease.  Instead, read more...

Potential Pitfalls in Granting Overseas Powers of Attorney

July 16th 2019 | notarial services
Powers of Attorney are regularly used by parties located in this country when they want to appoint somebody abroad to deal with matters on their behalf. Examples of where such Powers are used are:- Buying and selling property, court proceedings, administering a deceased’s Estate and dealing with company incorporation. If read more...

Too Hot To Work?

July 2nd 2019 | employment
If you look at your weather app, chances are you may be greeted by the little sun icon you've been longing to see over the last few wet, windy weeks.  With the "Sarahan Bubble" raising temperatures in Europe to scorching, the UK is set to see some warmer weather. As read more...

Partner from Allan Janes to Appear on BBC News

June 21st 2019 | social
Every year I work at Glastonbury Festival with some old University friends. We are part of a 2,000 strong group volunteers that undertake all of the recycling at the festival.  As I'm sure you can imagine, with a festival the size of Glastonbury, that is no mean feat! There's a read more...

CMA Finally Launches Investigation Into the Leasehold Housing Market

June 19th 2019 | residential property
The Competition and Markets Authority (the “CMA”) have initiated investigations to look into potential breaches of consumer protection law in the leasehold housing market. Particular concerns raised relate to the mis-selling of leasehold properties, potentially onerous and unfair contract terms pursuant to escalating ground rents; exorbitant service charges, consent and read more...

Why Use a Solicitor for HR Services?

June 7th 2019 | employment
Many people view HR Consultants as the cheaper and more obvious option to provide “day-to-day” HR services. These services include the provision of contracts and staff handbooks as well as advising on disciplinary and capability issues within your business. However, it is important to consider whether they are always the read more...

Employment Contracts - Unclear Wording Can Be A Costly Error

May 28th 2019 | employment
Many businesses give little consideration to their contracts of employment. Many may not have one at all (there is no legal requirement to have a contract) and others may simply hand out the same standard document with the necessary details amended. However, a failure to give proper consideration as to read more...

The Law Society Introduces New Freehold Management Enquiries Form (FME1)

May 22nd 2019 | residential property
The surge in freehold properties subject to estate/service charges (particularly on new developments) have led to the Law Society introducing a new standard form, Freehold Management Enquiries (“FME1”). The form includes standard questions that can be asked when acting for someone who is buying a freehold property that shares services read more...

Statutory Wills: A Brief Guide

May 20th 2019 | court of protection
A Will is a document, made by someone, which sets out how their estate should be distributed on their death and who should deal with the administration. However, recent research carried out by Prudential found that around 60% of the UK population does not have a Will. If someone dies read more...

DIY Wills – Great News for Lawyers?!

May 17th 2019 | wills and probate
A good friend of mine recently told me that she was moving home. She saw no point in needlessly lining the coffers of those fat cat lawyers, so was planning on undertaking all of the conveyancing work herself. I wholeheartedly endorsed her savvy approach. Of course, the above is a read more...

Countdown to Kop Hill

May 14th 2019 | social
For the fourth year in a row Allan Janes will be exhibiting at Kop Hill Climb.  The Kop Hill Climb, for those who were not familiar with it, is a fantastic family-friendly event which fundraises for the local community. It takes place in Princes Risborough every year in late September. read more...

Social Media in the Workplace – The Problem with LinkedIn

May 10th 2019 | employment
If you ask any business-owner they will probably tell you that they actively encourage their staff to be on LinkedIn, promoting themselves and the business.  LinkedIn is undeniably a great way for professionals to connect and network, however it can also pose significant risks for the employer who encourages its read more...

Probate Court Fees

May 3rd 2019 | wills and probate
What is going on with Probate Court fees? Anyone with any skin in the game will take a step back at this point, 1,000-yard stare fixed in the distance, and slowly shake their head.  For anyone who has managed to avoid the news for the past 18 months (well done read more...

Commercial Lease Renewal and Terminations under the 1954 Landlord & Tenant Act

May 2nd 2019 | dispute resolution
Richard Harriman, a Partner in our Litigation Department who deals with residential and commercial property disputes writes: “Does a tenant of business premises have security of tenure?  The answer depends upon the Landlord and Tenant Act 1954 (“The 1954 Act”).  There are two elements to the security provided:- Automatic continuation read more...

Another Reason Never to Use Will Writers

April 25th 2019 | wills and probate
I was having Sunday lunch the other day with a relative when they announced that they would like me to witness their Will. Having been in the family now for some seven years I have to say that I was not a little disappointed that we had not been consulted read more...

The Benefits and Drawbacks of Flexible Working

April 24th 2019 | employment
Flexible working gives the opportunity for employees to have flexibility on how long, where and when they work. The main way in which this flexibility can be achieved is through a statutory flexible working request, part of a scheme that was set out in the Employment Rights Act 1998. However, read more...

Stress Awareness Month - Our Top 10 Tips

April 18th 2019 | employment
April 2019 is Stress Awareness Mont h and at Allan Janes we are encouraging our employer-clients to consider stress in their workplace.  According to the Samaritans, ‘work’ is cited as the number one cause of stress in the UK.  A survey carried out by Mind, a mental health awareness charity, read more...

The Gig Economy - Employees, Workers or Self-Employed?

April 17th 2019 | employment
A host of recent cases, including cases brought against high-profile companies including Uber, Pimlico Plumbers, Addison Lee and Deliveroo have placed the employment status of people working in the ‘gig economy’ under scrutiny, but what is the difference between an employee, a worker and a self-employed contractor, and why does read more...

Director’s Duties – Need I Worry About Them?

April 12th 2019 | business services
Most people who are offered a directorship are usually so pleased to get a seat “with the grown-ups” that they rarely stop to think about what being a director involves, and what it requires of them. In owner-managed businesses, directors who are also shareholders often assume that they can do read more...

What Rights Do Directors Have To Access Company Information?

April 5th 2019 | business services
Where Board directors do not see eye-to-eye, there is sometimes a complaint by one or more directors that they are being denied access to key financial information, and are being squeezed out of the decision-making process. So what rights do directors have to access company information? The law on this read more...

Changes to National Minimum Wage – 2019 Budget

April 2nd 2019 | employment
Employers are reminded that National Minimum Wage and other allowances increase this month.  The new rates are as follows: For workers aged 25 and over from £7.83 to £8.21 For workers aged 21-24 from £7.38 to £7.70 For workers aged 18- 20 from £5.90 to £6.15 For workers aged 16- read more...

"It’s Just Banter!”: A New Defence to Discrimination Claims?

March 29th 2019 | employment
When dealing with complaints or disciplinary issues, many employers will have heard the phrase ‘it’s just banter!’ raised in defence of the accused. However, could this possibly be a defence in the Employment Tribunal? Well, possibly. In the case of Evans V Xactly Co Ltd heard last year, potentially discriminatory read more...

Can You Break Your Commercial Lease Because of Brexit?

March 27th 2019 | brexit
The short answer is NO – at least, not yet. Here’s why: This very question has just been answered by High Court judge, Mr Justice Smith, in the recent case of Canary Wharf (BP4) T1 Ltd & Ors v European Medicines Agency. This case concerns the ongoing battle between the read more...

Can a Contract Be Varied Orally?

March 26th 2019 | dispute resolution
Not if the contract contains a "no oral variation" clause! In the recent case of Rock Advertising Ltd v. MWB Business Exchange Centres Limited, the House of Lords agreed that a contractual licence for a rented office between the parties, which stated that any variations must be signed and in read more...

Letting Agents Must Join Client Money Protection Scheme

March 25th 2019 | residential property
The Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019 come into force on 1 April 2019. The Regulations include a requirement for letting agents to join a government approved client money protection scheme, which provides a level of compensation of at least read more...

The Importance of Reviewing your Will (Nil Rate Gifts)

March 19th 2019 | wills and probate
To get the legal jargon out of the way, this article concerns the making of ‘nil rate band gifts’ in Wills and the effect of an available transferable nil rate band on such gifts. In plain English, a nil rate band gift in a Will is, in most cases, the read more...

Informal Oral Contract Costs Construction Company Almost £7 Million

March 18th 2019 | commercial property
Informal oral contracts remain sadly commonplace despite any number of examples of them leading to costly disputes, in one case, a construction company that allowed another to use its name in tendering for jobs ended up losing almost £7 million. One of the company’s senior employees was an acquaintance of read more...

Mortgage Deposits and the Bank of Mum & Dad

March 14th 2019 | wills and probate
The cost of buying homes in the UK has escalated significantly in the past few years. However, house prices themselves seem to have stagnated –Most likely as a result of a concerted effort by the conservatives to curtail the buy-to-let market (by way of increased stamp duty and loss of read more...

Dangers of Will Writing Companies

March 13th 2019 | wills and probate
Lawyers are one of those groups of professionals that many of us really want to avoid. Our fear, not always unjustified, is that the visit will be painful. Painful physically (dentists, we’re looking at you) and painful financially. In the world of Private Client, which often involves difficult discussions about read more...

Worker Status: The Barrage of New Cases Continues...

March 4th 2019 | employment
Following the success of workers in a number of high-profile cases including Uber and Pimlico Plumbers, it was expected that further cases regarding worker status would soon be hitting the Tribunals. This, coupled with the removal of fees for Claimant’s has led to a slew of new cases being issued. read more...

Rights of Forfeiture and The Importance of Reading Leases Carefully

February 27th 2019 | dispute resolution
The recent case of Andrew Toms v Marilyn Ruberry is an interesting one; it illustrates why you should give careful consideration to the contents of the forfeiture provisions of a lease before taking enforcement action.  This case shows the importance of interpreting the right of re-entry and forfeiture clause in read more...

Right of Way for Owner's Adjoining Land is Only Ancillary

February 21st 2019 | residential property
A recent Court of Appeal case has re-confirmed that if land ceases to be used for an ancillary purpose, it can no longer be accessed via a right of way benefitting adjoining land.  Parker and another v Roberts [2019] EWCA Civ 121 (7 February 2019) involved a case where in read more...

Employers Must Keep a Record of Working Time

February 12th 2019 | employment
A recent opinion expressed by Advocate General Pitruzzella – a member of the European Court of Justice – suggests that employers must maintain records of the time their staff spend at work. In the case of Federacion de Servicios de Comisiones Obreras (CCOO) v Deutsche Bank SAE, Advocate General Pitruzzella read more...

The Equality Act 2010 – How Much Is a Hurt Feeling Worth?

November 11th 2018 | employment
Probably more than you might think! The Equality Act 2010 expressly provides that compensation for discrimination may include (or be made up entirely of) compensation for injured feelings. An award for injury to feelings is separate from an award of compensation for financial loss. A claimant can therefore recover for read more...

Is a Reference from Jabba the Hutt Valid?

October 15th 2018 | employment
In an interesting case regarding obtaining references in the recruitment process, employers are given fair warning regarding their obligation to ensure that references are true and factual. Case facts In Francis-McGann v West Atlantic UK Limited, the Claimant had lied on his application, stating in his previous experience that he read more...

Flexible Working: The Benefits for Employers

October 10th 2018 | employment
Flexible working gives the opportunity for employees to have flexibility on how long, where and when they work. The main way in which this flexibility can be achieved is through a statutory flexible working request, part of a scheme that was set out in the Employment Rights Act 1998. However, read more...

The Wills and Inheritance Quality Scheme

October 4th 2018 | wills and probate
Allan Janes has recently become an accredited member of The Law Society’s Wills and Inheritance Quality Scheme (WIQS). WIQS accredited firms are recognised by the Law Society as providing the highest standards of Will preparation and Estate administration by adhering to the best practice standards laid down by the scheme read more...

Consideration For Restrictive Covenants

September 24th 2018 | employment
Many people might be aware of the basic contractual principles, including the rule that you must provide consideration for a contract to be enforceable, however when contracting to restrict a person’s right to work (such as including restrictive covenants in a contract of employment), the situation becomes more complex. What read more...

Can you Dismiss Without Prior Warnings?

September 18th 2018 | employment
Most employers will be aware of the general requirement to give warnings prior to dismissing employees for misconduct. Most employers will also be aware of their right to dismiss an employee without notice if they have committed an act of ‘gross misconduct’, even if that employee has no prior warnings. read more...

Somatic Symptom Disorder

September 6th 2018 | personal injury
Somatic Symptom Disorder, formerly known as Somatoform Disorder, which manifest as the physical symptoms that suggest illness or injury. In people who have been diagnosed with a Somatic Symptom Disorder, the person’s symptoms cannot be explained. The diagnosis of Somatic Symptom Disorder requires that the person has reoccurring somatic complaints read more...

Can you Give a Bad Reference?

September 4th 2018 | employment
Some of the most common questions received from employers concern giving references for ex-employees. Many employers do not understand their obligations in this regard, however it is vitally important that employers comprehend their duties and avoid common pitfalls. For example, many employers may not know that a claim for damages read more...
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