Amending a contract? Remember the law against penalties
Commercial contracts often contain what is known as a liquidated damages clause. One party may have to pay the other a pre-agreed sum for failing to meet a particular obligation…
Willans
Solicitors
Top tips for charity trustees
Conflicts of interest – On 1 May 2014, the Charity Commission updated their conflicts of interest guidance which contains a revised definition and introduces a three-step approach to handling conflicts…
Charlotte Cowdell BA (Hons), LLB
Senior associate, solicitor
Is the succession of your farm at risk!?
Balancing your wishes and the expectations of the next generation can be emotional and sometimes extremely complicated. Hopefully, you will have given due thought and consideration as to what is…
Simon Cook LLB (Hons), TEP
Partner
CAP reform – Basic Payment Scheme
1 January 2015 saw the introduction of the Basic Payment Scheme (BPS) which replaced the existing Single Farm Payment Scheme. Changes under this new legislation include the new online CAP…
Adam Hale BA (Hons), TEP, FALA
Partner
Should you settle a claim early to restrict costs?
Litigation is a very expensive way of resolving disputes and it is not uncommon for the cost of issuing, or defending, a claim to exceed the damages. One way of…
Paul Gordon LLB
Partner
Thomas Pink wins trademark court battle against Victoria’s secret
In Thomas Pink Limited v Victoria’s Secrets UK Limited, the British shirt maker issued court proceedings for trademark infringement against lingerie retailer Victoria’s Secret over the right to use the…
Willans
Solicitors
Restrictions on the title to registered land
Restrictions on the title to registered land can cause undue problems when it comes to a sale. They are often registered to protect the interests of third parties who have…
Robin Beckley MA (Oxon)
Consultant, solicitor
Abolition of milk quota
It is well known in the agricultural community that milk quotas will be abolished on 1 April 2015, but there could be tax implications for individuals and farming businesses holding…
Willans
Solicitors
Careful lotting of farmland is required to save SDLT
The Autumn Statement in December saw wholesale revisions of the Stamp Duty Land Tax (SDLT) system. The changes will bring major savings on residential transactions below £937,500 but anything above…
Robin Beckley MA (Oxon)
Consultant, solicitor
New company name and trading disclosure regulations cut red tape for businesses
New regulations which came into force on 31 January 2015 have made it easier for companies and LLPs to choose or change their name. The Company, Limited Liability Partnership and…
Chris Wills LLB (Hons)
Partner
Wide machinery and rights of way
The implications of the ruling in Oliver v Symons are quite significant. A right of way granted for vehicular access was strictly limited to the width of the existing track.…
Robin Beckley MA (Oxon)
Consultant, solicitor
Shareholders’ agreements – Why do you need one?
Whether you are a small company with two, or a larger business with multiple shareholders, it is impossible to overstate the importance of having a properly drafted shareholders’ agreement. The…
Chris Wills LLB (Hons)
Partner
More changes to consumer law
Businesses should prepare themselves for yet more reform of consumer law in the UK, as the Consumer Rights Bill received Royal Assent in March. The provisions of the Act are…
Willans
Solicitors
Changes to company law in the UK to be implemented
Last year the government introduced the Small Business, Enterprise and Employment Bill which is designed to improve the legislative environment for small businesses and to enhance transparency of UK corporate…
Chris Wills LLB (Hons)
Partner
Don’t delay on mobile phone mast lease renewals
Recent reports in the press have confirmed that Britain’s mobile phone operators are lobbying the government to intervene with landlords to reduce the rents payable for mobile phone masts. They…
Alasdair Garbutt LLB (Hons)
Partner
Trustees of charities – is CIO status for you?
The Charities Act 2011 introduced the new form of a legal entity, known as a charitable incorporated organisation (CIO) 3,426 charities have registered as CIOs. We explain why it may…
Charlotte Cowdell BA (Hons), LLB
Senior associate, solicitor
Budget proposal threatens use of deeds of variation to avoid inheritance tax
After George Osborne delivered his Budget yesterday, our expert wills, probate and trusts lawyer Simon Cook considers the impact of one of the proposals. “I can also tell the House…
Simon Cook LLB (Hons), TEP
Partner
Facing up to Facebook
Millions in the UK use Facebook to communicate and organise large parts of their personal lives online. It is no secret that Facebook has provided a number of tools that…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Linking into LinkedIn
LinkedIn now has over 347 million registered users, with two new users joining every second. Despite these large numbers, it rarely makes the headlines in the same way as Facebook…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
To tweet or not to tweet?
Social media are the communications and marketing tools of the moment. A significant majority of people have some form of social media involvement, whether that is through Facebook, Twitter, LinkedIn…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Social Media and HR - dismissal by tweet?
Not a day goes by without social media hitting the headlines in one way or another. It goes without saying that social media is now ever-present and ever-changing. Sites such…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Companies House and their expensive typo
The High Court has held that Companies House was liable when it mistakenly recorded that a company which had been trading for 124 years had been wound up. Companies House…
Willans
Solicitors
New Consumer Rights Bill to come in to force soon
As reported in October 2014, the government has recently undertaken a number of legislative steps to simplify and update UK consumer law. Under the Consumer Rights Bill it intends to…
Willans
Solicitors
Are you dealing with your digital legacy?
£25 billion. That is the current reported figure of unclaimed digital assets in the UK alone. What are digital assets? There is no precise legal definition but commonly they include:…
Simon Cook LLB (Hons), TEP
Partner
Announcing 2015 employment law seminar dates and topics
We have a new series of employment law breakfast briefings which will help employers keep up-to-speed on developments in this rapidly changing environment. Building on the success of previous years’…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Will week raises funds for National Star
We are delighted with the success of the ‘Make-a-will-week’ that we recently ran in association with, and in support of National Star, our charity of the year. The week was…
Simon Cook LLB (Hons), TEP
Partner
Beware the holiday car insurance traps
You may be starting to think about your summer holidays, perhaps joining the many British travellers who now choose a fly-drive option. If you have not done this before you…
Nick Cox LLB (Hons)
Consultant, solicitor
Fracking - myths and the truth
While the fracking debate continues to rage across the country, it should be noted that no shale gas has yet been produced from hydraulic fracturing, or ‘fracking’ as it is…
Adam Hale BA (Hons), TEP, FALA
Partner
Caution required when buying a listed building
While owning a listed building can bring great pleasure, it does bring many obligations. Before purchasing a listed property or starting renovations consider this guide. Cheltenham Borough Council recently won…
Suzanne O'Riordan
Partner, conveyancer (non-solicitor)
Our commercial and charity teams bolstered by arrival of new lawyer
We have recruited Kate Hickey to our company commercial team. She was previously a senior associate at Top 50 UK law firm. A Birmingham university graduate with first class honours,…
Willans
Solicitors
Chambers 2015 – leaders in their field
We are pleased to report another good showing in Chambers, the annual independent legal directory. It researches the UK legal scene, conducting interviews with lawyers, clients and business contacts and…
Willans
Solicitors
Shadow and de facto directors – are you at risk?
In the day-to-day running of a company, businesses are often overseen by individuals who are not legal directors registered at Companies House. However, those who undertake such roles should be…
Chris Wills LLB (Hons)
Partner
Farmers solar farm subsidies to be cut
DEFRA has just announced plans that will see farmers lose their right to claim agricultural subsidies for fields filled with solar panels. According to DEFRA, this will help the countryside…
Adam Hale BA (Hons), TEP, FALA
Partner
Bear traps for the unwary employer
I sympathise with employers when they rail against being forced to treat employees with kid gloves. Employment law used to be a matter of common sense – if you were…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Cream of the crop - Taste Awards winners announced
The winners of the 2014 Taste of Gloucestershire Food & Farming Awards were revealed last night at a black tie dinner attended by more than 200 representatives from the food, farming…
Robin Beckley MA (Oxon)
Consultant, solicitor
New intestacy rules favouring surviving spouse/partner take effect today
Reforms simplifying what happens when someone dies without leaving a will came into force across England and Wales today, 1 October. Why have they changed? The Ministry of Justice said…
Simon Cook LLB (Hons), TEP
Partner
