With tax rates on the rise and the coldest winter in years still a vivid memory, it may be a tempting prospect to leave Britain behind and settle somewhere in the sun. One of the drawbacks with this approach is that it is, in practice, difficult to sever...

Little publicised, but nonetheless important for many private landlords, are changes implemented by the Town and Country Planning (Use Classes) (Amendment) (England) Order 2010 , which mean that, in certain circumstances, a landlord wishing to let out a...

An executor who stole more than £80,000 from the estate of a client faces a jail sentence for his crime. The man, who operated as a ‘will writer’, also faces a confiscation order against his assets. Much of the money was used to finance a...

An accountant who stole nearly £900,000 from his employer over a 10-year period was ordered to repay £150,000 (the maximum amount of assets available for seizure) and was sentenced to three years in prison. The employee used his illicit gains to...

A Procurement Policy Note issued in March by the Office of Government Commerce requires government departments and non-governmental bodies over which the Government has direct control to pay its contractors within 30 days. However, before hard-pressed...

In a case now before the courts, the Financial Services Authority (FSA), which is currently responsible for regulating the financial services industry in the UK, claimed that three men had unlawfully taken deposits from acquaintances, with a view to making...

An easement is a right over someone else’s land, such as a right of way. Once granted, rights of easement are frequently forgotten about, but a recent case shows the importance of making sure that an easement does not lapse through disuse. It...

A person is regarded as being disabled for the purposes of the Disability Discrimination Act 1995 (DDA) if they have 'a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day...

The argument put forward by a farmer that he should retain the family farm after his divorce, because it had been in his family for generations and his wife was aware that it was the family tradition for it to be handed down from generation to generation,...

Following a comprehensive review and full public consultation, the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising Practice (BCAP) have published new UK Advertising Codes. The new Codes will come into force on 1 September...

A recent case illustrates that HM Revenue and Customs (HMRC) will often vigorously challenge potentially low asset valuations for Inheritance Tax (IHT) purposes. HMRC disputed the probate value of a property, which had been valued by two different valuers...

Following a series of cases involving unqualified will writers, the Office of Fair Trading (OFT) has announced that it has approved a Code of Practice which will apply to members of the Institute of Professional Will Writers (IPW). The code of practice will...

Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a case heard in the Supreme Court, we may now see the rise of NOOViGs (not on our village greens). The reason for...

Following her conviction for fraud and money laundering, after faking her husband’s death in 2002, Anne Darwin has agreed to pay more than £591,000 under the Proceeds of Crime Act 2002 . Mrs Darwin’s husband, John, was thought to have...

Those who buy new homes 'off plan' now have significant new protection under the Consumer Code for Home Builders , which came into affect on 1 April 2010. The Code requires builders of houses to keep buyers informed of the progress of the construction...

The penalties for failure to pay child maintenance, which can be severe, are not affected by the statute of limitations that normally applies to debts. A father who had failed to pay maintenance for several years recently found himself subject to a...

When senior employees leave a company, the commercial risks presented can be considerable. A recent case on this subject concerned a director who left the company he worked for and then set up in competition with it. The company supplied energy surveys of...

As the economic outlook begins to improve, businesses will be considering how to raise finance to support increased trading. Although the cost of any borrowing is often the most crucial issue, there are other important factors to take into...

What You Need to Know The Charities Act 2006 was introduced to make life simpler for trustees, to provide more safeguards for them and to bring the definition of ‘charity’ up to date. The Act defines a charity as a ‘body or trust...

Construction projects inevitably lead to a large number of contracts being created between the various contractors, subcontractors, suppliers and developers involved. This in turn can produce problems in the event of a dispute, as it can be difficult to...

When an estate containing assets such as property or unquoted shares is to be distributed amongst several beneficiaries, there is potential for dispute over the valuations of assets. A case which is now starting to occupy court time illustrates this point....

If a contract of employment is deemed to be unlawful, the courts will not allow either party to the contract to enforce their rights under it. In Hall v Woolston Hall Leisure Ltd. , the Court of Appeal held that contracts of employment are...

If you are facing the possibility of having to fund care home fees or are concerned about there being an Inheritance Tax (IHT) liability when you die, it may be tempting to think about gifting your house to your children, so that when the day comes, it is...

A new scheme for road traffic accident (RTA) claims, designed to speed up the process of settling claims,  has come into effect. It covers low-value RTA claims (those between £1,000 and £10,000) and is a dramatic change to the legal...

Companies House has announced that from now on its ‘WebCHeck’ company search service will be available all day every day…so, if a company owing you money is causing you to lose sleep, you can at least download their accounts in the...