COSTS AND PART 36 OFFERS 1st February 2012
Early settlement and negotiation is encouraged under the Civil Procedure Rules by providing mechanisms for offers to be made and properly considered.
DANGEROUS DOG BITES DOUBLE OVER DECADE 1st February 2012
A recent case in which a six-year-old girl had part of her ear bitten off by a dog in Essex has once again highlighted this growing problem. Police have charged the man with allowing the dog to be dangerously out of control in a public place and causing injury under the Dangerous Dogs Act 1991. Although the victim suffered additional damage to her neck and shoulder she survived the attack. Following such a horrific attack, what sort of recourse might the injured party have against a dog owner to compensate them for their injuries?
RECESSION INCREASES CYCLIST DEATHS 1st February 2012
The rise of austerity, environmental concerns and healthy living has seeing increased numbers of people resorting to their bicycles for daily transport. The immediate implications appear positive but accident statistics should make cyclists heed a note of caution.
SPEED CAMERAS REDUCE ACCIDENTS 1st February 2012
Despite their unpopularity with many motorists, evidence shows that speed cameras have been effective in reducing accidents. Although cameras are often highlighted more for the revenues they produce than the accidents they prevent, figures show that the number of people killed or seriously injured on roads where they have been installed has fallen by up to two thirds in some places. Anyone who has worked with crash victims can only welcome such a trend.
SURVEILLANCE AND YOUR CLAIM 1st February 2012
Social networking, an increase in CCTV presence on the street and the ease of mobile phone video recording should be kept in mind by Claimants while they pursue their claim for personal injury compensation.
ADVANTAGES OF A JOINT VENTURE 27th January 2012
Most business people are familiar with basic legal structures such as partnerships and limited companies. They are usually also aware of the pros and cons of a choosing a particular corporate vehicle whether it is for tax or liability reasons. A lesser understood concept is the joint venture. Although more complex in terms of legal and business relationships; in the right circumstances, joint ventures can present a number of advantages.
DUE DILIGENCE IN COMMERCIAL TRANSACTIONS 27th January 2012
Whenever businesses look to acquire another business or to pursue a joint venture with another business, detailed due diligence is vital. With 'buyer beware' the starting premise, it is critical that acquirers or joint venture partners carry out sufficient investigation into the other party to know what they are getting before they complete a transaction. Thorough due diligence before-hand can help avoid unpleasant surprises and, more importantly, avoid the cost and damage of subsequent disputes or claims – particularly important if there will be an ongoing relationship.
NAVIGATING POTHOLE CLAIMS 19th January 2012
The latest cold snap is a reminder of just how harsh our recent winters have been and how much havoc they cause road users. The pothole menace that ice and snow leaves behind on roads and pavements can cause considerable harm to pedestrians, vehicles and their occupants.
MINORITY SHAREHOLDERS: THE UNFAIR PREJUDICE REMEDY 19th January 2012
Sections 994 to 996 of the Companies Act 2006 provide a mechanism for aggrieved shareholders to bring a court action against their company. Such claims are often brought against smaller, non-public companies by minority shareholders who feel that the company's affairs are being conducted in a manner which is unfairly prejudicial to them. The basic process requires the aggrieved shareholder to petition the court for relief. The courts have wide and flexible powers to grant relief according to the circumstances of the particular case.
LOANS TO DIRECTORS 19th January 2012
If directors wish to take loans from their company or use their company for other types of credit transactions, certain procedures must be followed. As a general rule, approval of the company's shareholders is normally required but there are exceptions. If a necessary resolution of shareholders is not passed then the transaction is voidable at the instance of the company and directors may be liable for any gains made. However, a transaction may be affirmed after the loan occurs if done within a reasonable time.
WHIPLASH CLAIMS SPARKS POLITICAL REACTION 13th January 2012
Personal injury lawyers play an important role in ensuring that people are properly compensated when injured in accidents. Making sure that people have access to the right medical treatment and financial support following a car crash, for example, is a matter of public interest.
INTELLECTUAL PROPERTY SOLICITORS: ROLLINGSONS WINS A DOMAIN NAME TRANSFER UNDER THE WIPO DISPUTE RESOLUTION POLICY 13th January 2012
Rollingsons' client was recently awarded a successful decision in a domain name dispute. The dispute was decided under the Uniform Domain Name Dispute Resolution Policy (UDRP). The UDRP has been created by WIPO (the World Intellectual Property Organisation) to set out a legal framework for the resolution of disputes between a domain name registrant and a third party over the abusive registration and use of a domain name.
CALLING COMPANY GENERAL MEETINGS UNDER THE COMPANIES ACT 2006 13TH January 2012
There is often confusion about who can call general meetings of a company and in what circumstances. Both directors and shareholders have the right to call a company general meeting but the requirements and procedure are different in each case.
STRONG CASE FOR ASSISTED SUICIDE LAW REFORMSTRONG CASE FOR ASSISTED SUICIDE LAW REFORM 13th January 2012
The Commission on Assisted Dying, chaired by the former Lord Chancellor Lord Falconer, has suggested that there is a strong case for a change in the law.
LITIGATION: OFFERS TO SETTLE UNDER PART 36 13th January 2012
What is a Part 36 Offer?
In the context of litigation, for example, a civil dispute or a commercial dispute which is before the Courts, a Part 36 offer is an offer by one of the parties to settle the litigation prior to a hearing and decision by a Judge or decision-maker.
DEBT RECOVERY: STATUTORY DEMANDS AND BANKRUPTCY 13th January 2012
It's a business reality that invoices and debts are not usually paid immediately. One reason is that businesses have monthly account payment cycles and a few weeks' delay is normal. However, there may be occasions where you are dealing with a business debtor and you have serious doubts about their intention to pay.
RELOCATING CHILDREN – NOT AS EASY AS IT USED TO BE 1st December 2011
If, as a separated parent, you wish to move abroad with your children, then you will need the consent of the other parent with parental responsibility. If the other parent does not consent, then an application must be made to the Court for permission to permanently remove the children from the jurisdiction of England and Wales.
JUDGMENT IN LEADING CASE OF JONES V KERNOTT ON PROPERTY HELD JOINTLY BY UNMARRIED COUPLES 10th November 2011
Yesterday, The Supreme Court unanimously allowed Mrs Jones appeal in the case of Jones v Kernott [2011]. The case concerns the correct approach the court should adopt calculating unmarried couples interests in property, where the legal title to the property is held in their joint names and the couple do not have an express statement of how it is to be shared (known as a "declaration of trust"). In legal terms, the case concerns the correct approach in calculating couples beneficial interests in jointly held properties (that is the share in the equity in the property).
THIRD PARTY HARASSMENT IN THE WORKPLACE 9th November 2011
Employers and Employees alike need to be aware that there are currently rules in place that protect employees from harassment by third parties. These rules originate from case law, including the decision in Burton and another v De Vere Hotels Ltd [1997]. In that case, the comedian, Bernard Manning had subjected two of the Hotel's employees to racist and sexist jokes during his performance.
TRADE MARK INFRINGEMENT - GOOGLE ADWORDS 5th October 2011
In an important and much anticipated decision on trade mark infringement in the context of internet advertising, the European Court of Justice (ECJ) has ruled on major retailer Marks & Spencer's ability to use Interflora's trade mark as part of its keyword advertising campaign on major internet search engines.
SHAREHOLDERS' RIGHTS: RIGHT OF PRE-EMPTION 5th October 2011
The Companies Act 2006 contains a general rule giving existing shareholders in a company the right of pre-emption. The relevant section of the Companies Act is section 561.
RIGHT OF MEMBERS TO REQUIRE AUDITED COMPANY ACCOUNTS 5th October 2011
Minority shareholders should be aware that there are means available to them under the Companies Act 2006 to require their company to produce audited accounts.
EXCLUDING LIABILITY FOR MISREPRESENTATION? 5th October 2011
An "entire agreement" or "whole agreement" clause can be found in many types of commercial agreements. What is the purpose of such a clause?
DIRECTORS' DUTIES UNDER THE COMPANIES ACT 2006 4th October 2011
The role of company director carries with it very serious responsibilities, in the form of the duties which a director owes to the company and its members as a whole.
THE FUTURE OF REFERRAL FEES UNDER CONSIDERATION 29th July 2011
An outright ban on referral fees is being discussed by government as David Cameron is reported as being sympathetic to harassed consumers.
THOUSANDS "RIPPED OFF" BY UNREGULATED WILL-WRITERS 22nd July 2011
The first Chief Legal Ombudsman, appointed in 2010, has reported that thousands of people are being ripped off by companies providing unregulated services including will writing.
TAX BENEFITS OF MARRIAGE 27th June 2011
Marriage can bring various financial benefits, including flexibility with regards to tax.
CLAIMING FOR REASONABLE FINANCIAL PROVISION UNDER A WILL 21th June 2011
Melita Jackson, died in 2004 aged 70, leaving the bulk of her estate to The Blue Cross, the RSPB and the RSPCA, charities that she had shown no interest in during her life and that she gave no reasons for choosing. In a letter attached to her will, the deceased did however explain to her executors why she had left nothing to her only daughter, and her grandchildren.
TAX RESIDENCE IN THE UK NOW RE-DEFINED 21th June 2011
The Treasury has launched its consultation on a new statutory test of tax residency in the UK. Tax residence is an essential prerequisite for determining an individual's tax liability however the Government has agreed that the current system lacks certainty and efficiency, that also deters investment in the UK. Some however consider that the current system has a degree of permissiveness that could be lost in the changes.
THE IMPORTANCE OF RISK ASSESSMENTS 13th June 2011
Uren v Corporate Leisure (UK) Limited and the Ministry of Defence [2011] EWCA Civ 66. The claimant was participating in a 'fun day' organised by his employer, the MOD. He watched colleagues enter an inflatable pool owned by Corporate Leisure, head first. On taking his turn however, the Claimant hit his head and broke his neck. Among the allegations were breaches of regulations 3 and 10 of the Management of Health and Safety at Work Regulations 1999, that there was a failure to carry out suitable risk assessment.
ENTIRE AGREEMENT CLAUSES ARE NOT NECESSARILY A 'CATCH ALL' 13th June 2011
Entire agreement clauses are standard to many contracts and intend to provide that the contract that they are contained in is the whole agreement between the parties, replacing any prior agreements or representations.
SHARON SHOESMITH WINS APPEAL AGAINST HER DISMISSAL 6th June 2011
Sharon Shoesmith has successfully argued that her dismissal from Haringey Children's Services was procedurally unfair following the Baby P case. The opposing argument that the situation had been 'too urgent' for any other course of action was rejected. more
Only since 2000, when the Human RIghts Act incorporated int he European Convention on Human RIghts into Enflish law, have the cours been able to firmly enforce the right to privacy in balance with the freedom of expression. more
EMPLOYEE WINS AGE DISCRIMINATION CLAIM AGAINST THE BBC 8th March 2011
Miriam O'Reilly recently won an Employment Tribunal claim against the BBC on the grounds of age discrimination. more
PARALEGAL POSITION AVAILABLE 16th February 2011
Rollingsons Solicitors are seeking a paralegal who will have already completed their Bar Professional Training Course (BPTC) (formerly Bar Vocational Course (BVC)) and are awaiting pupilage. more
THE FUTURE OF PRE-NUPS LIES IN THE BALANCE 17th January 2011
The Law Commission, the body which advises the Government on changes to the law, begins public consultation yesterday on full recognition for pre-nuptial agreements in British law. Pre-nups are not currently enforceable in the event of a divorce or the dissolution of a civil partnership. The court may, however... more
PRE-NUPTIAL AGREEMENTS GIVEN "DECISIVE" STATUS IN ENGLISH LAW - RADMACHER v GRANATINO 25th October 2010
PRE-NUPTIAL AGREEMENTS GIVEN "DECISIVE" STATUS IN ENGLISH LAW - RADMACHER v GRANATINO Recently, the Supreme Court of England and Wales handed down its much anticipated Judgment in the case of Radmacher v Granatino. This case involved a German heiress Katrin Radmacher (estimated to be worth £100m), who wanted to rely on a... more
THE HIGHEST COURT IN ENGLAND & WALES TODAY RULED THAT A PRE NUPTIAL AGREEMENT IS BINDING 20th October 2010
The Supreme Court of England & Wales recently handed down its judgment in the land mark case of Katrin Radmacher, the German paper company heiress, on the validity of the pre-nuptial agreement she signed in 1998 with her then husband, Nicolas Granatino. The Supreme Court has ruled that the pre-nuptial agreement is binding and that... more
ROLLINGSONS NEW LONDON CITY OFFICE 14th July 2010
Rollingsons are delighted to announce the opening of a new London City office at 5th Floor, Cutlers Exchange, 123 Hounsditch, London EC3A... more
Vaughan v Vaughan - Husband to pay wife lump sum 29 years after divorce - "undue hardship" 16th April 2010
David Vaughan QC was recently ordered to pay his ex-wife a lump sum of £215,000 despite the fact that they separated 29 years ago and had no children. The couple were married for 13 years and separated in 1981, finally divorcing in 1985. Since the separation Mr Vaughan paid Mrs Vaughan £636,325 in maintenance payments, being... more
Grey v Grey 16th March 2010
The Effects of Cohabitation on spousal Maintenance Payments The recent case of Grey v Grey [2009] explored the issues surrounding spousal periodical payments and whether these should be reduced if the wife cohabits with a 3rd party, but does not re-marry. In this case Mr and Mrs Grey had been together for nine years, by the time they... more
ASDA: Better Employment Terms for Agency Workers 16th March 2010
ASDA: Better Employment Terms for Agency Workers Leading supermarket chain ASDA has become the first to implement a new EU Directive giving temporary staff the same rate of pay as permanent staff. This will mean that ASDA's 6,000 agency workers, mostly migrants, will now enjoy the same rates of pay as other workers at ASDA's... more
DIY Detective Work in Divorce Proceedings 01st February 2010
DIY Detective Work in Divorce Proceedings Lisa Tchenguiz, the estranged wife of former Del Monte owner, Vivian Imerman, recently won the right to use 20,000 documents, which were stolen from Mr. Imerman's computer, in an attempt to have a share of his £300 million fortune. The issue was raised in this case whether or not one party... more
Facebook Divorce Petitions 01st February 2010
FACEBOOK & DIVORCE New research by Divorce-Online has revealed that Facebook is being cited in almost one in five of online divorce petitions.Divorce-Online scanned their divorce petition database for the use of the word 'Facebook' and found 989 instances of the word in over 5,000 divorce petitions sampled.Managing Director Mark... more
Debenhams Divorce Gift List 01st February 2010
DEBENHAMS DIVORCE GIFT LISTS The Debenhams department store chain has launched a divorce gift list service.The department store said it created the divorce gift list service to reflect the increasing popularity of greeting cards, parties and cakes celebrating divorces.Debenhams head of retail services Peter Moore said in a statement... more
Pre Nuptial Agreements 08th December 2009
A pre-nuptial agreement is a document entered into prior marriage, in which a couple set out their rights to any property, debts, income and other assets purchased together or acquired individually or that they have bought into their relationship in the event that the relationship ends. Pre- nuptial agreements can be drawn up by... more
Offshore Income Bonds- An Antidote to Higher UK Taxes 30th November 2009
Offshore bonds are still a highly appropriate investment vehicle for a wide variety of circumstances, and this article explains the attractions of offshore bonds for four specific types of investor. Private investors Higher-rate taxpayers directly invested in Open Ended Investment Company (OEIC) funds such as fixed-interest... more
Estate Planning- Normal Expenditure out of Income 18th November 2009
An under utilised exemption from IHT is gifts that qualify under the normal expenditure of income rules. For those taxpayers with relatively high income (or business owners who have an element of discretion as to whether to retain profits, within the business, or pay out as annual dividends or salary); it be can be advantageous to... more
Guardianship- A Crucial Appointment in your Will 17th November 2009
The court can appoint guardians under the Children's Act 1989 if you die leaving young children surviving and without a surviving parent. It is sensible to consider who should be appointed in the knowledge that a spouse or partner does not survive the first spouse to die. The appointment can be made by two or more persons acting... more
The effect of divorce upon Wills 16th November 2009
The basic rule is straightforward: divorce will treat former spouses as if they were omitted from the Will. No gift will pass to the former spouse; furthermore even if a former spouse is named as executor they cannot act as executor. The remaining terms of the Will (excluding any reference to the former spouse) remain valid. As always... more
Qualifying Recognised Overseas Pension Schemes (QROPS) - A Solution to Rising Taxes 13th November 2009
The income tax rate increases and reduction in tax relief for pension contributions have prompted an increasing number of people to consider leaving the UK to live elsewhere. If individuals do decide to leave the UK, or are already living abroad, they should consider whether they should leave any UK pension rights here, or move them... more
Estate Planning - Varying Provision on Death 11th November 2009
By far the most common method of varying a will or the provision on intestacy is the execution of an instrument of variation - particularly when tax efficiency is a consideration. However, in some circumstances a simpler and equally efficient method may be available. This article looks at two such methods - disclaimers by beneficiaries... more
Deed of Variation 11th November 2009
A Deed of Variation sometimes known as a Deed of Family Arrangement enables beneficiaries of a deceased's estate to alter the distribution of that estate, or relinquish a bequest from an estate. Thus changing the deceased Will. There are a number of reasons that you might want to alter the way money or property is allocated from a... more
VAT Rate Change - 21st January 2010 10th November 2009
The 15 per cent rate of VAT introduced by the Government to help alleviate some effects of the recession, will come to an end with effect from 1st January 2010. HM Revenue & Customs (HMRC) has issued guidance stating an increase in the rate to 17.5 per cent. VAT will be chargeable according to the normal tax point rules. Where... more
The Inheritance (Provision for Family and Dependants) Act 1975 10th November 2009
Source: Family Law Journal Family lawyers do not often deal with claims under the Inheritance (Provision for Family and Dependants) Act 1975. When a potential claim under the 1975 Act arises, there are certain areas that they need to be aware of, as there are substantial differences between claims under the 1975 Act and ancillary relief... more
An Explanation Of Personal Injury (PI) Trusts Some Frequently Asked Questions 10th November 2009
Why Should I have a Personal Injury Trust? If you are in receipt of means tested benefits then you should consider having Rollingsons Solicitors set up a PI Trust for you. The following are means tested benefits: Income Support Housing Benefit Council Tax Benefit Working Families Tax Credit Disabled Person's Tax credit... more
Discretionary Trusts - Still an ideal tool for estate management 10th November 2009
For the death of a surviving spouse or civil partner occurring after 7th October 2007 the transferable nil-rate band has meant that the previously popular nil-rate band discretionary trust is no longer required to ensure that there would be £650,000 (at current rates) passing free of Inheritance Tax to the next generation. However... more
The Intestacy Rules 06th November 2009
What Happens to an Estate if a person dies without a valid Will? The intestacy rules govern the distribution of a person's estate if they die in England & Wales without a valid Will. The rules changed on 1st February 2009 - but what do the changes actually mean in practice? Here we summarise the key changes. For those who... more
