New regulations surrounding changes to PSC registers
Since 6 April 2016, companies and LLPs have needed to keep a register of individuals or legal entities that have significant control over them. This is known as a PSC…
Value of inheritance tax receipts has reached a record level
A recent government report has shown that the value of inheritance tax receipts collected by HMRC has reached its highest point since the current system was introduced in the 1980s.…
New partner for our commercial property team
We are pleased to announce that we have appointed Alasdair Garbutt as partner in our commercial property team. Alasdair began his legal career with City firm Nabarro LLP and joined us…
Prescriptive rights – whose land is it anyway?
For prescriptive rights to arise over land, they have to have been exercised without force, secrecy or permission of the landowner. Winterburn v Bennet In the case of Winterburn v Bennett, the…
What kind of ‘endeavours’ should one agree to?
Obligations set out in a contract are normally absolute and failure to satisfy an obligation will be a breach of contract. The parties to a contract may therefore want to…
Pitfalls of ‘agreements to agree’ – why it pays to be specific
In order to create a legally binding contract, the terms agreed between the parties to an agreement must be sufficiently certain. Sometimes, contracts are written in which particular terms are…
Lessons to be learned from charity commission inquiry
The Earl of Chester’s Fund is a grant-making trust within the county of Cheshire. The Charity Commission opened a compliance case after receiving a complaint that the charity made a…
A night to remember?
How do you find accommodation when you are travelling to a new town for a few nights? Do you look for a reliable hotel chain or a homely bed and…
An overview of current issues surrounding data protection
Data protection issues continue to gather increasing prominence with the introduction of forthcoming new legislation from Europe (which is still likely to affect the UK, despite Brexit) and several key…
Why LPAs are a valuable insurance for business owners
Unexpected incapacity of a business owner can cause financial and operational difficulties for a business. It could, for example, result in no-one having authority to control the business account. Lasting…
Weigh up risks before suing for damages – a cautionary tale
In the recent case of Marathon Asset Management LLP v Seddon, Marathon brought a claim against Mr Seddon and Mr Bridgeman after they left the business, claiming damages estimated at…
Corporate governance reform to ‘restore trust in British business’
Last year, the business behaviour of Sir Phillip Green of BHS and Mike Ashley of Sports Direct put them in the centre of a media storm. Their very high profile…
Employee or not employee? That is the question
The days when working relationships were that of ‘master and servant’ have all but disappeared, and we are now left with a rich tapestry made up of the self-employed, employees,…
Business rates revaluation 2017 - what does it all mean?
Business rates were revalued this April, affecting bills for 2017/18. Business rates are set in proportion to the estimated rentable value of the property. Rising property values across areas such…
Probate fees hike shelved ahead of election
Last month, we reported on the government’s plans to introduce a sliding scale of probate fees from May onwards. The plans had outlined a system in which costs would increase…
Selling a business? Don’t ignore these legal considerations
Selling a business can be a complex and nuanced undertaking and it is advisable to enlist help from professionals, such as solicitors and accountants, to enhance your chances of a…
5 important changes to the law happening today
April 2017 sees a raft of changes to legislation, particularly in the area of employment law. We take a look at five of the key changes that come into effect…
Landmark Supreme Court ruling on disputed will case announced today
The long awaited judgment of the Supreme Court in the landmark case of Ilott v Mitson was announced today ruling in favour of three animal charities against a woman cut out of…
Keeping it in the family: Changes to inheritance tax with the new residence nil rate band
Changes to the inheritance tax system set to come into play from 6 April 2017 will enable many people to benefit from an enhanced inheritance allowance. The additional nil rate…
Zero hours contracts may be at a “record high”, but have they already reached their peak?
Figures published today based on data from the Office for National Statistics reveal that 105,000 more people were on zero hours contracts in 2016, compared with the year before. The…
Probate fees hike expected from this May
Update 21/04: Due to the upcoming general election, the plans to increase probate fees have been dropped. Please read this article for the latest update. Subject to parliamentary approval,…
Immigration skills charge increases cost of sponsorship
UK Visas and Immigration (UKVI) has published further information on the implementation of its new Immigration Skills Charge on 6 April 2017. The new charge was originally proposed following the…
What employers need to know about the General Data Protection Regulation and employee data
The General Data Protection Regulation (GDPR) is a new data protection law for the EU covering the processing of data by businesses. Whilst we will be leaving the EU at…
Legal changes businesses can expect in 2017
2017 will herald a new era for the UK with Article 50 of the European Union Treaty expected to be triggered at the end of March. (The government still intends…
Pre-employment checks and the Data Protection Act
It has always been common for employers to carry out some degree of pre-employment checks before making a firm offer of employment. Traditionally these checks have consisted of obtaining references,…
Confidential information - if you have a policy, use it!
Two recent employment tribunal cases serve as a timely reminder that it is not enough for an employer merely to have policies in place to protect confidential information; they must…
Share purchase agreements – when is a warranty a representation?
When buying or selling company shares, the share purchase agreement (SPA) will contain extensive warranties and representations about the company which the seller will make to the buyer. A breach…
Trade secrets directive
Earlier this year we reported that the European Council had formally adopted a draft directive for the protection of trade secrets across the EU (the Directive). It came into force…
Willans advises one of the UK’s leading marketing service providers on share sale
We have advised shareholders of Blueberry Wave, one of the UK’s leading marketing service providers, on the sale of their shares to Veriteva. Blueberry Wave, based in Cirencester, was established…
Without prejudice - legal jargon buster
In the dispute resolution team, clients often come to us brandishing a raft of correspondence they have sent and received headed with the words ‘without prejudice’. The phrase means that…
Private vs common land - use it or lose it
The High Court decision in Lancashire County Council v The Secretary of State for Environment is a salutary warning to landowners of the risks of not taking steps to prevent…
Take care when varying a lease
While it is always better to record any variations to a contract or a lease in writing (and even better by deed), a recent Court of Appeal case has highlighted…
‘Twas the Night Before the Christmas Party - preventing problems
‘Twas the Night Before the Christmas Party and all through the place, Employees were plotting the next night’s disgrace. The management should warn ‘employees beware’, Or come Monday morning, The…
Protection for tenants from forfeiture despite non-payment of rent
The case of Pineport Ltd v Grangeglen Ltd saw a commercial tenant, whose long lease had been forfeited by re-entry for non-payment of rent, entitled to relief from forfeiture despite…
Focus on large companies that don’t pay their suppliers on time
The Small Business, Enterprise and Employment Act 2015 has received a fair amount of media attention as it introduces many changes on how companies are run. There is however one…
Another tax on death (by a different name)
Earlier this year it was announced that the government is planning a huge rise in the fees charged for grants of probate. Final details of what is proposed, including the…