Pages on the Burt Brill and Cardens news blog.
Estate Agents Face Compulsory Redress Scheme Registration
The Government has introduced regulations requiring all estate agents dealing with residential property in the UK to belong to a redress scheme ...
Women Win Equal Pay Claim as Bonuses Paid to Men Held to be a Sham
A group of women have won their claim for equal pay after an employment tribunal decided that bonuses paid to male workers were nothing more than a sham ...
Energy Performance Certificates Now Needed for All House Sales
People selling a house which has been on the market for more than a year must now ensure that they have an Energy Performance Certificate ...
Family Wins Fight to Stop £1m Inheritance Going to 'Manipulative' Doctor
A man has won a 16-year legal battle to prevent a doctor described as manipulative and calculating from inheriting £1m from his sister ...
Accountancy Firm Fails to Recover Money from Former Partner
The danger of overlooking a potentially important point of contention when resolving a dispute was highlighted in a recent case ...
Women Police Officers Lose Appeal Over Equal Pay
The Court of Appeal has ruled that a police force was entitled to pay two of its women officers less than their male colleagues ...
Covenant prohibits Lawful Use
Covenants containing restrictions on the use or development of land can cause problems between neighbours ...
5 Costly Mistakes Employers Make with Staff - And How to Avoid Them
Watch out for these mistakes when dealing with your employees - they could cost your business dearly ...
Employee in Race Abuse Case Loses Claim for Unfair Dismissal
The Court of Appeal has ruled that a bus company did not act unreasonably when it suspended an employee who made an unfounded allegation of racial abuse ...
Declaration of Trust Protects Wife from Husband's Creditors
A court has ruled that a woman should be allowed to keep her family home even though her husband's creditors wanted it to be sold ...
Landlords and Developers Must Provide Energy Performance Certificates
Landlords and developers now have to provide Energy Performance Certificates (EPCs) when they build, sell or rent out flats and commercial properties ...
Agency Workers on Short Contracts Become Eligible for Sick Pay
Agency workers who have a contract or a series of contracts for three months or less now have the same right to statutory sick pay as other workers ...
Can Madonna Show the Way to an Amicable Divorce?
Madonna and Guy Ritchie say that despite the breakdown of their marriage, their relationship is still cordial ...
Boundary Dispute Highlights Need for Clarity
A recent boundary dispute has illustrated the desirability of ensuring that when a property is sold, the description of it in the conveyance is as clear as possible ...
House Buyers are Being Misled by Some Estate Agency HIPs
House buyers are being misled by false information in Home Information Packs (HIPs) produced by some estate agents ...
EU Agrees Directive Giving Equal Rights to Agency Workers
It has taken six years of wrangling but the European Parliament has finally voted to accept the Directive giving equal rights to agency workers ...
When a Home Is Not a Dwelling
To most people, 'dwelling' is just a fancy term for 'home' or possibly 'house' ...
What Changes to Inheritance Tax Rules Mean for You
Following changes introduced in the pre-budget statement last October, the rules relating to inheritance tax (IHT) allowance have now been changed ...
Dilapidation Claims at the End of a Business Tenancy
Dilapidations claims are one of the most used and abused weapons in the commercial landlord's armoury ...
Trust and Confidence in the Employment Relationship
Employers and employees owe each other a mutual duty of trust and confidence ...
Wife Beats Home Possession Claim
With mortgage defaults rising, banks are increasingly seeking to repossess properties on which they have advanced mortgages ...
New Guidelines to Help Prevent 'Irresponsible Lending'
New guidelines to help prevent irresponsible lending are being drawn up by the Office of Fair Trading (OFT) ...
Right of way - Law, not Intention, Determines Outcome
Where an easement (the ability to use someone else's land in some way) is granted, it is usual for its terms to state any restrictions which may apply to its use ...
Registering Lasting Powers of Attorney to Become Cheaper and Easier
The Government has announced plans to make it easier and cheaper to register Lasting Powers of Attorney (LPA) ...
Court Adopts Broad Brush Valuation of Business on Divorce
On divorce, the valuation of a family business is often a highly emotional and contentious issue ...
Landlords & Letting Agents Could Face New Regulation System
An independent review of the Private Rented Sector (PRS) has put forward a set of proposals which include a light touch licensing regime for landlords and mandatory regulations for letting agents ...
Is Beneficial Loan a Detriment?
"Where informal (or no) arrangements are made regarding property ownership or financing, disagreements are often the result" ...
Road Accident Victim Awarded £421,073 Compensation
A woman whose marriage broke down following an accident in which she suffered neck and back injuries has been awarded more than £400,000 in compensation ...
Can't Afford Your First Home?
The Council of Mortgage Lenders has recently revealed that the number of first-time home buyers has decreased by 48 per cent up to July 2008 ...
Free Workplace Mediation Consultation
We are offering a free consultation with your business so that you can discover why our mediation service is the best way of resolving workplace disputes ...
More People Preparing for When Their Mental Powers May Falter
There has been a large increase in the number of people taking steps to prepare for a time when they may no longer have the mental capacity to make decisions for themselves ...
Councils Allowed to Raise More Money to Fund Equal Pay Claims (2)
The move is an acknowledgement that in spite of improvements, there are still too many instances where women receive less pay than men ...
Government Reduces Stamp Duty Burden to Boost Housing Market
The Government has moved to boost the housing market by raising the threshold at which stamp duty becomes payable ...
New Tax Rules Will Affect Some Trust Beneficiaries
The new tax rules for "income in possession trusts" have now come into effect ...
Divorcee to get £50,000 a Year to Care for Her Horses
The award was made after the court was told that she was devoted to the animals which were a key part of her life ...
Councils Allowed to Raise More Money to Fund Equal Pay Claims
More than 30 councils are to be allowed to raise an extra £455m to fund equal pay claims from their female staff ...
Landlord Prosecuted for Failing to Get License for HMO
A landlord from Newquay has been prosecuted for failing to get a licence for a House in Multiple Occupation ...
Inheritance Thresholds Rise but Couples Without a Will Are Still at Risk
The Government is to raise the amount of money a husband or wife can automatically inherit if their partner dies without making a will ...
Age Campaigners Lose a Key Stage in Compulsory Retirement Case
A legal adviser to the European Court of Justice (ECJ) says it is not unlawful for employers in the UK to oblige staff to retire at 65 ...
Danger for Landlords in Not Pursuing Overdue Rent
The danger for landlords in not chasing up overdue rent and attending to legal detail has been illustrated in a recent case before the Court of Appeal ...
Improved Maternity Entitlement Comes into Effect
Employers need to be aware that women who give birth on or after 5th October now qualify for improved maternity entitlement ...
Dealing with Customers Who Won't Pay Up
The retail clothing chain Matalan has angered many of its suppliers by announcing that it is deducting 2% from their invoices ...
Estate Agent Redress Schemes Come into Force
Estate agents now have to become members of an approved redress scheme or risk being banned from practising ...
Fixed Price Trading Terms and Conditions Audit
We are offering a fixed price one hour on-site trading terms and conditions audit and advice service for all businesses within 20 miles of one our offices ...
Home Information Packs May Include More Details
The Government wants to expand Home Information Packs (HIPs) to provide potential buyers with more details about the property for sale ...
Credit Crunch Leads to More Equity Transfers
The credit crunch is having an effect on the number of equity transfers taking place ...
Britain to Opt into New EU Regulation on Contract Disputes
The Government has decided that Britain should opt in to new EU regulations for dealing with cross border contract disputes ...
Private Rented Sector to 'Outstrip Other Types of Investment Property'
The value of the Private Rented Sector now exceeds that of all privately-owned commercial property ...
Encouraging Staff to Opt Out of Pension Scheme to Be Banned
Pressurising or even encouraging staff to opt out of a workplace pension scheme is to be made unlawful ...
Judge Urges Mediation as a Way of Settling Neighbour Disputes
An Appeal Court judge says there "too many calamitous neighbour disputes" in the courts and has urged people to consider using specialist mediators ...
Drinks Industry Could Face Tougher Regulations
The Department of Health has begun a public consultation which could result in the alcohol industry's current voluntary code being replaced by tougher regulations ...
Court Ruling Provides Boy with Two Fathers
A man has been a granted parental responsibility for a six-year-old boy even though he is not the biological father ...
Women to Receive Improved Maternity Entitlement
Women who give birth on or after 5th October are to receive improved maternity entitlements ...
Discrimination by Association Ruled Unlawful
Employers may have to re-assess their equal opportunities polices following a ruling by the European Court of Justice (ECJ) that 'discrimination by association' is unlawful ...
Bill to Provide Fairer Regulation for Business Receives Royal Assent
The Regulatory Enforcement Sanctions Bill, which is designed to reduce the burden of red tape on honest businesses while clamping down on rogue traders, has received Royal Assent ...
Failing to Update Your Will Can Cause Heartache for Your Family
Four out of five people aged between 25 to 34 do not have an up-to-date will, according to research carried out for the Law Society ...
Energy Saving Allowance Extends to Corporate Landlords
The Government has announced that its plan to extend the Landlord's Energy Saving Allowance to corporate landlords has received formal state aid approval from the European Commission ...
Constructive Dismissal - What Are Your Rights?
"My employer has been looking to sack me for some time due to allegations made by my colleagues ..."
Who Owns the Copyright?
Generally, it is the author who owns any copyright to the work they create ...
Age Discrimination
Nowadays, most employers are aware that they are required to inform their employees of their right to request to work beyond the age of 65 ...
Renew Business Rate Claims Now
Don't forget the 1 September deadline for claiming relief from business rates ...
Divorce Settlement Must Be Fair
When the financial arrangements are being made on divorce, the court must ask itself whether these are fair and do not discriminate against one party ...
Boy Injured on Bouncy Castle - Judgment Overturned
The Court of Appeal has overturned the High Court's ruling that a boy who suffered brain damage after he was kicked in the head while playing on a bouncy castle should be awarded compensation ...
Rights of Way - Landowners Take Note
Landowners who wish to prevent their land becoming part of the public highway should take note of two recent decisions in the House of Lords ...
Is Your Website a Time Bomb?
'Open' websites, such as blogs, which allow public access to the site content, present the danger that libellous material may be published ...
Country Landowners - Something to Cheer
Following a recent ruling of the Court of Appeal, country landowners will have something to cheer about ...
Are Agency Workers My Employees?
A European Directive has been calling for agency workers to gain equal treatment to their directly employed colleagues after 6 weeks ...
Is Your Employee Handbook Up to Date?
More legislation is being produced every day in the employment area, raising the potential of costs and penalties if you are not in compliance ...
Do Joint Occupiers Always Have Rights in the Property?
When a couple's conduct over a period of time is consistent with co-ownership of a property, it might be thought that the property would come to belong to them both ...
New Vetting Agency for Working With Children
The new Independent Safeguarding Authority (ISA) is due to commence operations in October 2009 and will be responsible for vetting the millions of people seeking to work with children ...
Home Information Packs Update
The Government has announced that it is extending the temporary provisions for first day marketing whereby a property can be put on the market without a Home Information Pack ...
Co-habiting Without Property Agreement
The danger of cohabiting without making an express agreement as to how the title to property is to be held has again been underlined by a recent case ...
Free Licensing Advice and Audit
We are offering a free one hour on-site licensing audit and advice service for all licensees within 20 miles of one our offices ...
Victory for Pub Licensee in Noise Case
Thwaites, the Blackburn-based brewery which owns 400 pubs, has won a victory which will bring cheer to licensees ...
Cancer Research Race for Life 2008
15 members of the firm took part in the Race for Life 2008 in Stanmer Park Brighton raising money for Cancer Research on Sunday, 22 June ...
Selling Your Property at Auction
In recent years, ever-larger numbers of people inherit properties from relatives who lived many miles away ...
Living Happily Ever After?
The joy at the prospect of you or one of your children getting married may be tempered somewhat by a touch of trepidation ...
Ex-wife Now Has to Fight Off Former Husband's Trustees in Bankruptcy
You might have thought it was all over - but your divorce settlement may not be as final as you hoped ...
Smell Earns Author £115,000
An author who claimed that the smells from a nearby factory prevented her from writing has received an out of court settlement of £115,000 ...
£2.5 Million Settlement in Hotel Illness Case
A group of British holidaymakers has won more than £2.5 million in compensation for illness they suffered while staying at a hotel in Spain ...
Property Losses - Latest Developments
Two recent cases have dealt with different aspects of damage to property and have provided clarification of the approach the courts will take ...
Lasting Powers of Attorney
An LPA is a legal form which allows a person (donor) to choose someone else to manage their affairs for them ...
End of Inheritance Tax Planning?
Chancellor Darling's pre-budget statement on inheritance tax may have spelled the end of the nil rate band discretionary trusts in wills ...
HIPs Extended to 3 Bedroomed Homes
The government has said it will extend its Home Information Pack scheme (HIPS) to cover three-bedroom homes in England and Wales from 10 September 2007 ...
© Copyright 2008 Burt Brill and Cardens Solicitors