US $1.7 billion deal hangs in the balance as court examines validity of clause
A recent High Court decision has shone the spotlight on material adverse change (MAC) clauses and their effectiveness. What is a material adverse change clause? You will most likely come…
Pretty vacant: When stripping out goes too far
In an interesting case decided in December 2020, the High Court considered whether a tenant who exercised a break clause went too far in making sure that he gave vacant…
Biden’s proposed personal tax plan explained
Democrats will now control the House and Senate for at least the next two years and, as a result, President Biden will likely be able to bring more of his…
Coronavirus Job Retention Scheme guidance & updates
Employment lawyers Matthew Clayton and Jenny Hawrot summarise the latest developments on the Coronavirus Job Retention Scheme to emerge. Thursday 1 July 2021 The furlough scheme is due to close at…
Land Registry’s proposed Safe Harbour scheme
Some aspects of the conveyancing process can seem archaic, but the Land Registry has suggested a way to revolutionise one aspect – identity checks. Prior to COVID-19, we routinely invited…
Residential possession claim delays: an end in sight?
Private residential landlords have faced a tough couple of years with changes to the tax regime, increasing obligations, issues with recovery of unpaid rent and recently the outright ban on…
Warning for remarried ‘baby boomers’: Check that your will is up to date
Remarried couples with complex family arrangements have been urged to ensure their wills are up to date, by a professional association that specialises in succession planning. The calls come from…
Legal protection for cohabiting couples: Top tips
The Office of National Statistics reports that just over half (50.4%) of the population in England and Wales opt for marriage or civil partnerships, but cohabiting couples continue to make…
COVID-19: a commercial property update for landlords & tenants
As you will be aware from some of our previous updates, a number of measures have been put in place to give businesses the breathing space and tools they need…
Discrimination: The latest developments in employment law
A recent case has highlighted how important it is for employers to regularly refresh their staff equality and diversity training. In Allay v Gehlen, the Employment Appeal Tribunal (EAT) had…
The rise of the management buyout
Despite the chief economist of the Bank of England’s reassurances that the post-COVID economy is “poised like a coiled spring”, current market conditions are undoubtedly making traditional mergers and acquisitions…
Legal perspectives on the Budget 2021
In the Chancellor’s first Budget speech last year, made as COVID-19 started to take hold in the UK, Rishi Sunak promised to do “whatever it takes to support the economy”.…
No jab, no job: Can employers require workers to get the COVID-19 vaccine?
COVID-19 has created many challenges for employers. Between the sudden need to accommodate homeworking and the introduction of furlough, most employers have had to make changes to their working practices.…
The rules around income tax - what executors should know
Income tax is something we think about regularly during our lifetime. We constantly ask questions such as “have we paid enough?” and “does HMRC owe us a refund?”, yet the…
Why making a will is so important: Q&A
Put simply, creating a will ensures that your loved ones will be properly provided for and do not unexpectedly find themselves dependent on others. While many think their home and…
Trusts in wills: A good way to ring-fence your assets for beneficiaries
An oft-quoted statement we hear is “I only need a simple will”. Upon further discussions with clients, it may transpire that they have been married more than once or have…
Making a lasting power of attorney | The complete guide
This guide runs through some of the common questions asked about lasting powers of attorney; the different types, when they are used, and why they are used. We also discuss…
Payback time: New OTS report could spark higher CGT liabilities for taxpayers
What can be said about 2020? Terms such as pandemic, lockdown, social distancing and furlough became commonplace. We’ve all had to drastically change the way we live and work this…
Fixed price legal advice for SMEs & the Coronavirus Business Interruption Loan Scheme
The Coronavirus Business Interruption Loan Scheme (CBILS) has thrown a much-needed lifeline to businesses experiencing cashflow difficulties as a result of the coronavirus outbreak. 17 December 2020 Today, Rishi Sunak…
Your business post-Brexit: What has changed & what should you do now?
On Christmas Eve, the nation was informed that the UK and EU had struck a Brexit deal. The transition period is now over, and a clearer picture of the future…
All change with reform at Companies House
Companies House has long been seen only as a source of information of businesses registered in the UK. From various filings and information posted, it is theoretically possible to find…
Equality Act: gender fluid & non-binary individuals protected
The Equality Act 2010 makes it unlawful to discriminate against individuals because of their ‘protected characteristics’. There are nine protected characteristics in total, namely: age, race, sex, sexual orientation, disability,…
Location, Location, Reactivation: Residential lettings post COVID-19
Buy-to-let properties are a popular investment for private individuals and large-scale investors alike. For many, those buy-to-let properties are an important part of their capital investments and regular income. As…
Commercial landlords & tenants: What are your options?
Commercial property solicitor Emma Thompson answers some key pandemic-related questions for landlords and tenants in the commercial sphere. I am a tenant, do I have to pay my rent? If…
Protecting your intellectual property: Messi wins again...(and you can, too)
The ECJ has recently dismissed an appeal from MASSI, a Spanish cycling company, to uphold the decision that Lionel Messi is able to register his name, “Messi”, as a trade…
Chancellor announces updates to new Job Support Scheme
The government has now published further details about the changes to the Job Support Scheme announced by the Chancellor yesterday. (Read the latest about the Coronavirus Job Retention Scheme, also…
No-fault divorce: It’s not you...and it’s not me, either!
At the end of June, the Divorce, Dissolution and Separation Bill received royal assent, paving the way for the first ‘no fault’ divorces. The landmark change seeks to minimise conflict,…
Stamp Duty Holiday: How does it work, and what does it mean for you?
The Government’s Stamp Duty Land Tax (SDLT) holiday runs until 31st March 2021, and removes the standard rate of SDLT for transactions under £500,000 in England. Transactions over this amount…
Chancellor introduces Job Support Scheme as part of coronavirus 'winter plan'
To help steer businesses and employees through a tough winter and avoid the much-feared ‘cliff-edge’ as the furlough scheme comes to an end, today Chancellor Rishi Sunak has introduced a…
Planning use classes overhaul: COVID-19 sparks major change
From 1 September 2020, the categories under the Town and Country Planning (Use Classes Order) 1987 are changing to create two new use classes. It is hoped that the overhaul…
New commercial property Code of Practice seeks to preserve landlord & tenant relationships
On 19 June, the Government published its “Code of Practice for commercial property relationships during the COVID-19 pandemic” (the “Code”). The voluntary Code will apply until 24 June 2021 and…
Section 1 statement rule changes - what employers should know
Avid readers of Employment Law Dispatches would have seen our piece about the changes to the minimum information that must be given to employees regarding their terms and conditions of…
RICS Code 2020 – Leasing business premises
In February, the Royal Institution of Chartered Surveyors (RICS) released a new lease code (effective from 1 September 2020) that applies to lettings of business premises in England and Wales.…
Flexible furlough scheme - what employers need to know
The government has now released details of the new flexible furlough scheme, which employers can take advantage of from 1 July 2020, under the Coronavirus Job Retention Scheme. In short,…
Charity Commission guidance on managing financial difficulties and recovery
Trustees, in particular those of smaller charities, will welcome recent guidance from the Charity Commission on working through financial difficulties as a result of the COVID-19 pandemic. The guidance, which…
Managing homeworking requests: Q&A for employers
The coronavirus lockdown has, by necessity, seen a vast ballooning of the numbers of people working from home. This situation won’t last for ever, but it is likely to lead…