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Conditional Exemption for Heritage Property: what is it and how does it work?

Estate Planning, Fine Art, Wills, Trusts and Probate

29 Sep 2022

The Conditional Exemption Tax Incentive Scheme provides an opportunity to defer payment of Inheritance Tax or Capital Gains Tax when an item…

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Anti-competitive practice and land agreements

Commercial Landlord & Tenant, Commercial Real Estate, Real Estate

21 Sep 2022

The cost-of-living crisis has made the Competition and Markets Authority’s (CMAs) recent investigation into supermarkets’ land agreement practices even more important….

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Holiday Pay headaches

Business Law, Employment

16 Sep 2022

During this long, hot summer the Supreme Court was busy considering how holiday pay for employees who work irregular hours should be…

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The new Register of Overseas Entities – An overview

Auctions & Investment Property Advisory, International, Real Estate

06 Sep 2022

From the 1st August 2022 the Register of Overseas Entities was created at Companies House and requires that Overseas Entities (broadly being…

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Lost the will, find a way!

Estate Planning, Wills, Trusts and Probate

31 Aug 2022

It is very easy to misplace a document, not least something as important as a will. If you are dealing with the…

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Welcome to the new world of (no) ground rent (sort of).

Lease Extensions, Residential Property

16 Aug 2022

The Leasehold Reform (Ground Rent) Act 2022, which came into force on 30th June 2022, has the following practical effects for flat…

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Some take-away’s from the “Wagatha Christie” trial

Business Disputes, Dispute Resolution

09 Aug 2022

The tweet by Coleen Rooney which concluded with.. ‘It’s ………. Rebekah Vardy’s account,’ will go down in history as one of the…

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COVID-19 Rental Arrears

Commercial Landlord & Tenant

02 Aug 2022

In the case of A Company, Re, a commercial tenant failed to challenge a winding up petition brought by its landlord for…

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Acquisition of a private company limited by shares – a brief overview of the process

Business Law, Corporate & Commercial

26 Jul 2022

The two most common ways to purchase a business are either:- An asset purchase: this involves the purchase of all or some…

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Lasting Power of Attorney (LPA) – Do I need it?

Powers of Attorney, Private Clients

19 Jul 2022

Have you ever thought about what would happen if you were unable to make your own financial and welfare decisions due to…

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Nutrient Neutrality – What is it and how is it relevant to property developers

Uncategorized

30 Jun 2022

Following a European Court case nutrient neutrality has turned into an issue which must be taken into account by property developers with…

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Restrictive Covenants – are they worth the paper they’re written on?

Employment, Intellectual Property

21 Jun 2022

It is understandable for an employer to want to protect its business in the event that one of its senior employees or…

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Room for improvement in drawn out property disputes

Business Disputes, Commercial Landlord & Tenant, Real Estate

17 Jun 2022

The system encourages and assists delays in the progress of landlord-tenant cases, writesSteven Ross…

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Is your art in the right place?

Fine Art, Wills, Trusts and Probate

05 May 2022

For some wealthy individuals a great deal of their income is spent on art or other luxury assets. Levels of spending can…

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The Leasehold Reform (Ground Rent) Act 2022 – What to expect

Real Estate, Residential Property

03 May 2022

As part of its program of Law Reform, the government recently passed the Leasehold Reform (Ground Rent) Act 2022 which comes into…

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Inheritance Tax and the Acceptance-in-Lieu Scheme: What is it and how does it work?

Estate Planning, Fine Art, Wills, Trusts and Probate

26 Apr 2022

As a general rule assets of a deceased over the value of the nil rate band (currently £325,000) are chargeable at 40%…

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Get your ducks in a row: Drafting rent review provisions in leases

Commercial Landlord & Tenant, Commercial Real Estate, Real Estate

20 Apr 2022

Rent review provisions in a lease set out the terms on which the annual rent payable will be reviewed. The way in…

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“Share of Freehold”: not necessarily a sweet deal

Private Clients, Real Estate, Residential Property

12 Apr 2022

Residential flats are often advertised for sale as “share of freehold”. This suggests that the flat buyer will acquire a share of…

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Companies face even tougher times ahead as remaining temporary insolvency measures come to an end

Commercial Landlord & Tenant, Commercial Real Estate, Insolvency

08 Apr 2022

At the start of the pandemic, the Government enacted the Corporate Insolvency and Governance Act 2020 (CIGA) in order to introduce a…

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Criminal Defence Costs Incurred Solely for Purposes of Trade

Business Law

24 Mar 2022

Only expenses that are incurred wholly and exclusively for the purposes of trade can be deducted from a business’s tax liabilities. That…

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High Court Declares ‘Illiterate’ Business Tycoon’s £100 Million Will Invalid

Wills, Trusts and Probate

23 Mar 2022

Your assets are your own and, when making your will, you have complete freedom to leave them to whomever you choose. As…

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Creation of Unintended HMOs – Issues to Consider

David Eder 21 Mar 2022

At the best of times, Houses in Multiple Occupation (‘HMOs’) cause conveyancers and lenders sleepless nights; however, a recent decision by the…

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COVID-19 – Premier League Triumphs in $200 Million TV Rights Dispute

Business Disputes

21 Mar 2022

The COVID-19 pandemic caused grave disruption to the 2019/2020 Premier League season – but it did not fundamentally change the format of…

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Teenager’s Wishes and Feelings Prevail in Finely Balanced Adoption Case

Family Offices, Private Clients

18 Mar 2022

Children may not have the capacity to make important decisions for themselves, but that does not mean that family judges ignore their…

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Affordable Housing Shortage Proves Decisive in High Court Planning Case

Real Estate, Residential Property

17 Mar 2022

The chronic shortage of affordable homes is a powerful driver in favour of permitting building projects that might otherwise be considered objectionable….

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Contested Wills – Challenging a Will

Marina Vincent 16 Mar 2022

How to challenge a Will, or object to Attorneys/Deputies. Sometimes, there may be grounds to challenge a Will, or make a claim…

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Internet Piracy – Gaming Giant Nintendo Granted Websites Blocking Order

Business Law, Technology & Data Protection

15 Mar 2022

Companies that spend vast sums on developing products have every right to feel aggrieved when they are subjected to wholesale internet piracy….

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Houses in Multiple Occupation – Landlords Overturn Rent Repayment Order

Commercial Landlord & Tenant, Real Estate

15 Mar 2022

Landlords who rent out houses in multiple occupation (HMOs) without a required licence are exposed to the double whammy of criminal prosecution…

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Fear of COVID-19 is Not a Philosophical Belief

Business Law, Employment

11 Mar 2022

A fear of contracting COVID-19 or infecting others with the virus is both worthy of respect and readily understandable. However, an Employment…

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11 Key points to consider before signing a commercial contract

James Oxley 11 Mar 2022

The corporate and commercial team at Harold Benjamin are frequently asked to review contracts prior to signature. This is sometimes a high-level…

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Moral and Legal Obligations are Different – Family Inheritance Dispute

Private Clients, Wills, Trusts and Probate

10 Mar 2022

There can be a world of difference between a moral obligation and a legal one. The High Court made that point in rejecting…

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The Legal Status of Property Guardians – Court of Appeal Clarifies the Law

Real Estate, Residential Property

09 Mar 2022

The practice of permitting so-called property guardians to occupy premises in order to protect them against trespassers and vandals is now widespread…

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Employers are Generally Entitled to Fruits of Their Employees’ Creativity

Business Law, Employment

07 Mar 2022

Inventive employees can find it galling that copyright in their creative works generally belongs not to them but to their employers. As…

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Father Probably Responsible for Fatal Poisoning – Family Judge’s Findings

Family Offices, Private Clients

07 Mar 2022

Before deciding where a child’s best interests lie, family judges often have to conduct detailed inquiries into the character and conduct of…

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Do You Object to a Neighbour’s Development Plans? Consult a Solicitor

Construction, Development and Planning, Residential Property

04 Mar 2022

If a neighbour has been granted planning permission for a development to which you object, you would be forgiven for thinking that…

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This is What Can Happen If You Fail to Keep Proper Tax Records

Business Disputes, Business Law

04 Mar 2022

Keeping proper tax records may be time consuming and laborious, but a failure to do so can have disastrous consequences in the…

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Workplace Relationships Broken Down? Always Avoid a Knee-Jerk Response

Business Law, Employment

01 Mar 2022

Where irresolvable differences of opinion render an employment relationship entirely unworkable, dismissal may be justified. However, as one case showed, a knee-jerk…

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Director Held Personally Liable for Multi-Million-Pound Missing Trader Fraud

Business Disputes, Business Law

01 Mar 2022

Where a company becomes involved in the fraudulent evasion of tax, the corporate veil will rarely protect its directors from personal liability….

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Returning Expatriate Couple Pay the Price for Brexit

Brexit, International

25 Feb 2022

Brexit has for years been a constant topic of conversation, but some of its potentially serious consequences remain largely unknown outside specialist…

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When it Comes to Corporate Takeovers, Judges Have Shareholders’ Backs

Business Law, Corporate & Commercial

24 Feb 2022

Some corporate takeovers are controversial while others are not, but, either way, judges perform a vital role in ensuring that every shareholder…

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Cladding Support

Cladding, Construction, Construction, Development and Planning

24 Feb 2022

Patents reward originality, and inventions that are obvious developments on pre-existing designs……

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Brexit Support

Brexit, International

24 Feb 2022

Patents reward originality, and inventions that are obvious developments on pre-existing designs……

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Divorce – Fairly Dividing Marital Assets is Not a Blame Game

Family Offices, Private Clients

23 Feb 2022

The question of who is to blame for the breakdown of a marriage is often uppermost in divorcees’ minds, but it is…

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Estate Planning – Making gifts during your lifetime

Davina Puran 22 Feb 2022

The two things you can be sure of in life is death and taxes.  It will come as no surprise that when…

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Housing Project Survives Historic Airfield Owner’s High Court Challenge

Real Estate, Residential Property

21 Feb 2022

Operators of noise-generating businesses sometimes have good reason to fear the consequences of residential development nearby. In one case, however, planning permission…

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Ticket Touts Cannot Justify the Unjustifiable – Landmark Court of Appeal Ruling

Business Law

18 Feb 2022

Illegal ticket touts who contend that their crimes are victimless are seeking to justify the unjustifiable. The Court of Appeal made that point…

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Update Your Will Today – This is What Can Happen If You Don’t

Private Clients, Wills, Trusts and Probate

17 Feb 2022

Family relationships can become increasingly complex over time, particularly where marital breakdown intervenes, and that is why it is so important to…

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Redundancy Selection – Subjective Performance Assessment is Not Enough

Business Law, Employment

15 Feb 2022

Conducting a fair redundancy process requires a careful, almost forensic approach and it is almost never good enough for employers to rely…

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What is an overage agreement

Huseyin Huseyin 15 Feb 2022

An overage agreement (also known as the clawback or uplift agreement) is where a buyer agrees to pay the seller extra money…

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Relationship Broken Down? Do You Understand the Legal Consequences?

Family Offices, Private Clients

14 Feb 2022

When a relationship between partners who jointly own their home breaks down, one of them may move out leaving the other in…

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