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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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Renewal of Commercial Leases – Intention is More than Mere Contemplation

Commercial Real Estate, Corporate & Commercial, Lease Extensions

10 Feb 2022

The legal right that many commercial tenants enjoy to have their leases renewed can be overcome if their landlords ‘intend’ to occupy…

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Tax Avoidance Schemes, No Matter How Intricate, May Not Be Effective

Business Law

09 Feb 2022

There is nothing unlawful about tax avoidance schemes but, however intricate and apparently foolproof they may be, their effectiveness can never be…

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Can You Refuse Payment for Defective Goods? Guideline Contract Ruling

Business Law

07 Feb 2022

If goods you have received do not come up to specification, are you within your rights to refuse to pay for them?…

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Disinherited Widow Can Pursue Reasonable Provision Claim Despite Delay

Family Offices, Private Clients, Wills, Trusts and Probate

04 Feb 2022

If someone on whom you depend financially dies without reasonably providing for you in their will, you should contact a solicitor straight…

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Tax Evasion May Put Employment Rights in Jeopardy

Business Disputes, Business Law, Employment

04 Feb 2022

Tax evaders rarely understand the potential consequences of their wrongdoing. That was certainly so in the case of two cab drivers who…

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High Court Exercises Inherent Power to Order Children’s Return to England

Family Offices, Private Clients

01 Feb 2022

Many families have one foot in the UK and another abroad and that can give rise to parental disagreement as to where…

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Disability Discrimination by Association – Guideline EAT Decision

Private Clients

01 Feb 2022

It may sound surprising, but you need not necessarily be disabled in order to suffer disability discrimination. As one case showed, it…

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Top Tip: How to protect yourself from Property Fraud

Zahra Mawji 01 Feb 2022

Property fraud can occur where dishonest people try to “steal” your property or the value of it, usually by pretending to be…

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New Anti Money-Laundering Regulations affecting the Art Market

Fine Art, Private Clients

31 Jan 2022

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

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The A to E of MEES for Leases

Mina Kakkad 28 Jan 2022

Since 1 April 2018, a landlord has been prohibited from granting new leases of commercial premises where the premises to be let…

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Litigation – You Need a Lawyer to Navigate the Procedural Minefield

Business Disputes, Property Litigation

27 Jan 2022

The litigation process can, to a non-lawyer, appear to be a maze of procedural rules replete with traps for the unwary. In…

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