Single Payment Scheme, Basic Payment Scheme and the transfer window
Farmers are reminded that Single Payment Scheme entitlements become Basic Payment Scheme entitlements on 1 January 2015. Whilst the deadline for the transfer of entitlements is usually 2 April, if…
Adam Hale BA (Hons), TEP, FALA
Partner
No copyright, no cry: The court rules on Bob Marley copyright ownership
In the 1970s, internationally famous reggae singer and songwriter Bob Marley attributed certain songs to other artists, including one of his most famous hits ‘No woman, no cry’, to avoid…
Paul Gordon LLB
Partner
Too much monkey business
Gloucestershire based photographer David Slater was in Indonesia in 2011 taking wildlife photographs of a crested black macaque, when he decided to test the monkey’s innate curiosity. He set up…
Paul Gordon LLB
Partner
Significant benefits to be had when voluntarily registering your land
We have been encouraging our clients for some time to make voluntary applications for the first registration of their property. The Land Registry has announced that approximately 20% of all…
Adam Hale BA (Hons), TEP, FALA
Partner
Residential tenancies - is a section 21 notice effective if served before the deposit is protected?
The outcome of a recent County Court case means it may now be possible to rely on a section 21 notice to end a tenancy agreement provided the tenant’s deposit is…
Nick Cox LLB (Hons)
Consultant, solicitor
Website blocking injunctions & ISPs
If you believe that someone is infringing your intellectual property rights by using your content on their website, as well as taking action against that infringing party, you may also want to seek…
Paul Gordon LLB
Partner
Check for intellectual property provisions in your employment contracts
Although a business may create intellectual property (IP) during the course of its operations, in reality this IP is created by individuals. This may be by commissioning a third party…
Kym Fletcher LLB (Hons) Euro
Consultant, solicitor
Implied rights of way – not to be relied upon
A recent High Court case acts as a reminder that you should clearly outline rights of way in any transfers and leases of a property. Failure to do so may…
Adam Hale BA (Hons), TEP, FALA
Partner
The Companies (Striking Off) (Electronic Communications) Order 2014
This Order came into effect on 11 July 2014. It amends the Companies Act 2006 and Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009 to enable the registrar…
Chris Wills LLB (Hons)
Partner
Annual tax on enveloped dwellings – a pitfall for the farming community?
Since 1 April 2013, an annual charge has been levied on residential property worth more than £2 million owned by “non-natural persons”, known as the annual tax on enveloped dwellings…
Adam Hale BA (Hons), TEP, FALA
Partner
No apportionment of rents permitted unless the lease allows it
In last autumn’s seminar on break clauses Nick Cox reported on the case of Marks & Spencer v BNP Paribas. This case had suggested that if the lease included a break…
Nick Cox LLB (Hons)
Consultant, solicitor
Selling to customers? Be aware of the new regulations
It is important that any business which is selling to consumers reviews their terms of sale and websites to ensure that they are compliant with new laws which came into effect on 13…
Chris Wills LLB (Hons)
Partner
Restrictive covenants in employment contracts - the tide is turning
A High Court case has recently demonstrated that the courts are more willing to uphold restrictive covenants. Employers will welcome the recent judgment of the High Court in Prophet plc…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Restoring a company to the register
Companies can be ‘struck off’ the register’, and therefore cease to exist, for a variety of reasons. But in certain circumstances they can be restored to the register and this…
Chris Wills LLB (Hons)
Partner
Flexible working – a new dawn?
From June 2014, the flexible working legislation has been opened up as part of the government’s bid to reduce red tape, but where does this leave businesses faced with flexible…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Environment Secretary announces more detail about the greening element of the CAP changes
With the Basic Payment Scheme coming into effect in six months’ time, the government announced on 10 June some much needed clarification about how they intend to implement the new…
Robin Beckley MA (Oxon)
Consultant, solicitor
YouView TV infringes our client’s trade mark, High Court rules
Our litigation partner, Paul Gordon represented Total Ltd. in a High Court case which resulted in a ruling today that YouView infringes a trade mark owned by our client, an…
Paul Gordon LLB
Partner
Agricultural buildings to residential dwellings
We have now seen the publication of changes to the Town and Country Planning General Permitted Development Order which in some cases, allows agricultural buildings to be converted into residential…
Robin Beckley MA (Oxon)
Consultant, solicitor
Landlords - beware of the risk of releasing guarantors
It is well-established law that a landlord risks releasing a tenant’s guarantor from its obligations under a lease if the terms of that lease are varied without consultation with, or…
Alasdair Garbutt LLB (Hons)
Partner
Mis-selling case identifies the importance of accurate descriptions when selling horses
A champion show jumper, who sold an elderly horse to one of her riding pupils, faces an estimated £150,000 legal bill after senior judges upheld the buyer’s appeal. The buyer,…
Robin Beckley MA (Oxon)
Consultant, solicitor
Transfer of existing agri-environment schemes
Natural England has confirmed that on the transfer of land subject to an existing agri-environment agreement, it will produce an agreement to assign the remaining obligations to the new owner,…
Robin Beckley MA (Oxon)
Consultant, solicitor
Beware of contractual deterrents in share purchase agreements
A recent Court of Appeal decision El Makdessi v Cavendish Square Holdings BV has clarified that certain types of contractual clauses in the context of a share sale could be…
Chris Wills LLB (Hons)
Partner
2014 property industry update – what will happen this year?
The government has aspirations to streamline the UK’s planning system and to encourage homebuilding and home ownership. Energy costs have dominated the news in recent months and property owners need…
Willans
Solicitors
Residential landlords and section 21 notices – which type should you serve?
A recent Court of Appeal case has resolved some uncertainty and now makes it easier for landlords to serve the correct section 21 notice. A statutory periodic tenancy will arise…
Nick Cox LLB (Hons)
Consultant, solicitor
Think twice before you sell part of your property
Do you want to make some money from that bit of garden or that part of your site that you never use or perhaps you were hoping to buy a…
Suzanne O'Riordan
Partner, conveyancer (non-solicitor)
Dissolution of companies – beware of the pitfalls
The procedure for dissolving a company is considerably cheaper and more straightforward than instructing a liquidator to wind up the company, although certain formalities must be observed in accordance with…
Chris Wills LLB (Hons)
Partner
Preserving commercial relationships – an advantage of mediation
Mediation can be a very effective way of resolving a dispute. Although there is no requirement for a party in dispute to agree to it, the courts are very keen…
Nick Southwell BA (Hons)
Partner
Considerations when buying land with possessory title
Where a seller’s title is based upon adverse possession (commonly known as squatting) or where a title cannot be proven because the title deeds have been lost or destroyed, a…
Adam Hale BA (Hons), TEP, FALA
Partner
A time for employers to lift their eyes to the horizon
At long last, the UK appears to be emerging from recession. In recent months there have certainly been many positive economic growth indicators, however the general business experience is still…
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner
Please Sir can I have my fixtures back?!
Do the tenants’ fixtures belong to the tenant at the end of the lease, and can they be removed? Not necessarily. Tenants’ fixtures, which includes equipment and machinery fixed onto…
Nick Cox LLB (Hons)
Consultant, solicitor
Agricultural property relief – Will your farmhouse qualify?
A farmhouse that is eligible for agricultural property relief (APR) will provide significant benefit to anyone wanting to reduce their liability to pay inheritance tax (IHT) upon their death. To…
Adam Hale BA (Hons), TEP, FALA
Partner
Work commences to build new Macmillan Cancer Support Centre
Work to build Sussex’s first cancer information and support centre which began last month was helped by our firm. Macmillan Cancer Support has partnered with Sussex Cancer Fund and Brighton…
Nigel Whittaker BA (Hons)
Partner
It’s good to talk - early conciliation scheme
Category: Press releases, Commercial, Employment law Litigation isn’t pretty. In fact, it usually involves a considerable amount of mud-slinging on both sides. As William Roache reminded us recently, rarely do…
Willans
Solicitors
Tenancy deposit advice for residential landlords
Category: Press releases, Commercial, Dispute resolution Since the introduction of tenancy deposit protection by the Housing Act on 6 April 2007, landlords should be aware that when a deposit is…
Nick Southwell BA (Hons)
Partner
New business partnership shares common environmental ground
We have appointed Gloucestershire-based sustainability veteran Commercial Group as our new office supplier who will also help us improve on our environmental programme. Commercial began its own green crusade in…
Willans
Solicitors
New face of the litigation team at Willans
Category: Press releases, Commercial, Dispute resolution We have welcomed Nick Southwell to our Chambers–rated litigation and dispute resolution department this week. Nick, who is seven years’ qualified, has broad commercial and…
Nick Southwell BA (Hons)
Partner
