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Family Mediation Week 2024

Jennifer Allen
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Given it is mediation week this week, we wanted to take this opportunity to raise awareness for our readers/clients.  We have qualified family mediators at Hughes Paddison, Jennifer Allen and Jane Brothwood who can both offer mediation services to separating couples.

Meet James Burrows, From Paralegal to Trainee at Hughes Paddison

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Embarking on a legal career often involves navigating through various roles, each contributing to a unique tapestry of experience. James not only shares insights into his pre-training experience but also paints a vivid picture of life as a trainee at our renowned Cheltenham Law firm. Join us as we explore the pivotal moments that shaped his journey so far and the distinctive culture that sets Hughes Paddison apart.

A Glimpse into the Trainee Journey: Meet Jo Lingard

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Jo Lingard shares insights into her training highlights, the Hughes Paddison work environment, and invaluable tips for aspiring trainees.

From Trainee to Equity Partner

Jennifer Allen
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Hear Jennifer Allen's Inspiring Journey from humble beginnings starting as a Trainee to building on her knowledge and experience over the years to eventually becoming an Equity Partner in April 2023.

Tis the Season to Gift!

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As the countdown to Christmas continues, most of us will be thinking about the big day and the presents we would like to give to our loved ones.

What many of us are unlikely to be thinking about are the possible inheritance tax (‘IHT’) consequences that could result from our generosity. Our Private Client team shares their expertise on this subject. 

Vendor Funded Management Buyout: a useful business exit strategy

Jonathan Rathbone
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Considering a Vendor Funded Management Buyout? Jonathan Rathbone, Corporate and Commercial Director at Hughes Paddison, explains the pros and cons to this useful business exit strategy. 

Meet the Trainee: Roanna Cooling

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We’re delighted to share one of our current trainees, Roanna Cooling’s inspiring story. Roanna's journey is a testament to the supportive environment we cultivate at Hughes Paddison. With her invaluable previous experience, she has seamlessly transitioned into her Legal Training Contract, laying strong foundations for a promising career.

Conservatory: Planning Permission & Building Regs

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There are certain situations when you will need to apply for Planning Permission prior to the construction of the conservatory and / or obtain Building Regulations Approval before work commences and final ‘sign-off’ once it has been completed.

Rights of way - 3 common trip hazards

Andrew Turner
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A right of way is, in its simplest form, a right to pass from point A to point B, and back again.

It is a right that one landowner has over the land of another owner. The right is often (but not always) granted by a deed, typically a conveyance.

The grant should refer to a plan and will contain words such as: “A right of way is granted for the benefit of Mr and Mrs Neighbour’s property along the access lane shown shaded in blue on the attached plan.”

So far, so good. That all sounds pretty straightforward.

But disputes over rights of way arise all the time. Often, the dispute is not about whether a right of way exists or not but whether the right of way is actually being used in the correct manner.

Can divorce affect your right to remain in the UK

Jo Lingard
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Depending on your immigration status within the UK, a divorce, dissolution or in some cases simply the breakdown of a relationship can affect your immigration status. The impact and outcome will ultimately depend on a number of varying factors and need to be considered case by case.

Buying or selling a property with an oil tank- Essential Guide

Heidi Aitken
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Are you buying a property with a domestic oil storage tank, or maybe you already own a property fitted with one and are thinking about selling? If so, this article provides important information.

Essentially an oil storage tank is a container used to hold oil before it is used, for a domestic property the oil is generally used for heating the property.

It’s important to know and understand the type of tank and the pipework arrangement. Based on the location of tank and its use, it can be classified as a surface, above or underground tank. The materials used will depend on the intended use, the environment, safety, location, and other legal requirements. 

EPC Regulation Changes for Commercial Property

Danielle  Screen
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Since 1st April 2018 Commercial Landlords have only been permitted to grant a new tenancy or extend or renew an existing tenancy if the property had a minimum Energy Performance Certificate (EPC) of an E rating, unless a valid exemption is registered.

Why registering your trade mark is so important

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Barbie is now more present in our lives than ever before and she’s got everybody talking… even lawyers!

Bankruptcy and Financial Remedy Proceedings

Katie Buswell
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The financial consequences of a marriage breakdown, alone, can be very difficult for people to navigate. However, with the current cost of living crisis, rising mortgage interest rates and the impact of the COVID pandemic still being felt by many, spiralling debts and personal insolvency is undoubtedly on the rise.

Good news for separated vulnerable families

Jennifer Allen
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On Thursday, 29th June 2023 a Bill ensuring victims of domestic abuse can receive child maintenance without requiring contact from their former partner/abuser, has received Royal assent.

The hidden costs of homemade Wills

Madelaine Prior
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The dispute between Aretha Franklin’s sons over their late mothers Will provides a cautionary reminder for those contemplating making a homemade Will. Since their mother’s passing in 2018, Aretha Franklin’s sons have accumulated an...

Purchasing a Retirement Property

Heidi Aitken
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As we continue to live longer many people consider downsizing as their family homes no longer fit their needs.  For example the family home is too big to maintain, or it does not suit their physical needs.  When looking to downsize many now consider buying a retirement property. 

The majority of retirement properties are leasehold.  Often purchasing a retirement property will be the first time a person has owned a leasehold property and therefore they need to be aware of what this entails

Nuisance next door

Roanna  Cooling
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Being mindful and considerate of your neighbours is all very well, but what if that approach is not reciprocated and your use and enjoyment of your property is compromised by the same neighbours that you have worked hard to get along with?

Parental Alienation: what is it and what can you do about it

Julie Bennett
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Parental Alienation is often cited as a reason why a parent isn't having contact with their child(ren) or hasn't seen their child(ren) in some time. This becomes a very distressing situation for parents who feel they are being alienated fro

Avoid Shareholder disputes with your Business Partners

Jonathan Rathbone
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In our experience, a dispute between shareholders is far more difficult to manage if the shareholders' agreement does not properly deal with what happens when a business partner's employment terminates or changes.

Rights of way and electronic gates: the legal powder keg

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Upgrading a manually-operated gate to a more sophisticated, key-coded or fob-operated electronic gate might sound sensible, or practical, or aesthetically delightful, or all of those. But electronic gates are becoming an increasingly common trigger for litigation.

If there is one message to extract from this blog, it is this: do not erect an electronic gate across land that is subject to a right of way without first taking legal advice. Fail to do so and you are highly likely to be on the backfoot before you know it and fighting your way out of a tight spot.

No Fault Divorce - 1 Year On

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Major Changes to Divorce Law On 6 th April 2022, the Divorce, Dissolution and Separation Act 2020 reforms came into force. The new legislation made three major changes to the divorce process and how separating couples could apply for divorce: ...

Owning Property in a Post Grenfell UK

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Since the aftermath of the Grenfell Tower fire in 2017, the issue of unsafe cladding on the external walls of buildings was pushed to the forefront and the Government has put in place new changes to Building Regulations to prevent the use of unsafe cladding....

EPC Changes for Rental Properties

Madelaine Prior
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The Government has announced plans to introduce new regulations for the minimum Energy Performance Certificate (EPC) ratings on all rental properties in the UK. All landlords and prospective landlords considering the purchase of a buy-to-let property should...

Family Investment Companies Unwrapped

Jonathan Rathbone
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A family investment company (FIC) is simply a term for a corporate vehicle which holds investment assets for the benefit of its shareholders who are normally members of the same family.  There is no special status or registration required with Companies...

New Year - New Will!

Claire Holland
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It is only by making a Will that you can ensure that your estate is passed after your death according to your wishes.  If you die without a valid Will, the distribution of your estate will be governed by the intestacy rules and the result of this may not be what you would have wanted.

5 Tips for a Good 'No-blame' Divorce

Julie Bennett
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With over 30 years’ experience, Hughes Paddison’s Family Team are experts at helping couples navigate what can be one of the biggest traumas they will experience in their lifetime.  With years of experience of tumultuous divorce...

Tenancies "at will": what are they and how can they protect landlords

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What are they? A tenancy at will is a tenancy that allows a tenant to occupy a property indefinitely and which either the landlord or tenant can terminate at any time. Why are they useful? Tenancies at will are not capable of enjoying the protection of...

Divorce and Tax: New Changes Proposed

Julie Bennett
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The government has proposed changes to the way Capital Gains Tax (CGT) is calculated on separation or divorce. In this blog, family director, Julie Bennett, looks at the proposed changes and how these changes will impact spouses and civil partners upon divorce and dissolution.

Providing for Pets in your Will

Claire Holland
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With over 52% of UK adults owning a pet, according to the PDSA, we are a nation of animal lovers. So when it comes to making a Will, you might be wondering how to make the right provision for your beloved companion.

New Changes to Stamp Duty Land Tax and How They will Affect You

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The government has introduced new changes to Stamp Duty Land Tax which has reduced the amount of Stamp Duty payable on property purchases in most cases. These changes came into effect on 23rd of September 2022 but only apply to England and Northern Ireland as Scotland and Wales have their own tax provisions. Unlike the Stamp Duty holidays in 2020 and 2021, it seems these changes will be in place for the foreseeable future.

New Rules for Distribution Agreements in the EU

Jonathan Rathbone
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Competition is a good thing as a it helps drive innovation and keep prices down for the consumer. However, a manufacturer will often want to put in place restrictions on their distributors to give each distributor a reasonable opportunity to promote and sell their products without facing competition from each other and their customers. It is also in the manufacturer’s interests that a distributor can make enough margin from selling their products so that they want to invest in promoting and growing sales.

The rules relating to what restrictions would be permitted changed on 1 June 2022.

Travellers: Tackling unauthorised encampment

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The Police, Crime, Sentencing and Courts Act 2022 has introduced a new offence in England and Wales which relates to unauthorised encampment on land without consent, in or without a vehicle.

Unauthorised encampment is where trespassers set up home on land belonging to private landowners or public authorities without the landowner's permission.

Trust Registration Service Deadline Announced

Caroline Farmer
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If you’re a Trustee, there are some major changes to the HMRC’s online Trust Registration Service (TRS) that are now in force. Before we get into the details, here’s a brief overview of what it means to be a Trustee and your...

Seller Beware!

Andrew Turner
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The principle of caveat emptor or ‘buyer beware’ is a principle that is familiar to many, although sometimes misunderstood. A recent appeal case has provided a reminder of how the Court will apply this principle. Within the context of property...

What is hybrid mediation and when might I need it?

Jennifer Allen
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As a member of Resolution and the Family Mediation Counsel, Jennifer Allen is committed to keeping issues that arise between couples after the breakdown of their relationship, out-of-court, so far as possible. One way in which this can be achieved is through mediation or more specifically hybrid mediation. Hybrid mediation brings together the best of both family and civil mediation models and is a time-tested option when considering your mediation options.

Buying a Listed Building - What you need to know

Heidi Aitken
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We are very fortunate that our office is based in the spa town of Cheltenham, a town filled with beautiful historic buildings. Just counting properties within the borders of Cheltenham Borough Council there are over 2602 listed buildings...

Director's Duties after Leaving: Can a director remain liable?

Jonathan Rathbone
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Directors of companies in England and Wales owe a number of duties to their company under the Companies Act 2006, such as to promote the success of the company, to act within their powers and to avoid conflicts of interest.

Protecting your Digital Assets in life and death

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With our lives getting increasingly entwined with digital technologies and the online world, digital assets are fast becoming impossible to ignore.

From social media and email accounts to cryptocurrency and photographs, digital assets are now an important part of people’s lives.

When someone dies without making provision for access to their digital assets after death, it can pose a difficult challenge to loved ones and your Executors.

Therefore, the need for people to manage their online life so that it can be administered after their death is becoming increasingly important.

So, how can you make this easier in your lifetime at an already distressing time for those that you leave behind?

Benefits of Mediation for separating families

Jennifer Allen
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Every year Mediation Week 17-21 January 2022, lead by the Family Mediation Council (FMC) helps raise awareness of Family Mediation for those seeking a divorce.

Our aim is to let more people know about the benefits of family mediation and to encourage separating couples to think about family mediation as a way of helping them take control, make decisions together and build a positive future for them and their family. 

Abuse of Power of Attorney

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In recent years there has been a dramatic increase in people making Lasting Powers of Attorney (LPAs) to give decision making powers to trusted individuals (“attorneys”) in the event of loss of mental capacity. The government is now considering updating the paper-based process introduced in 2007, to a more modern, digital method whilst ensuring that appropriate safeguards are in place. A consultation process has taken place to examine the LPA making process. 

Giving Gifts Guide for Powers of Attorney

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When a donor creates Lasting Powers of Attorney for property and financial affairs, they appoint attorneys who are given authority under the Mental Capacity Act 2005 to make best interest decisions on behalf of the donor if the donor loses mental capacity to make decisions about their own money or property. 

Many attorneys, often acting on behalf of a family member, will be unaware of the rules regarding making gifts on behalf of the donor generally but especially at Christmas. The Office of the Public Guardian has recently released new guidance on this topic which is summarised below.

What to expect in your first meeting with a family solicitor

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Many of our clients are understandably apprehensive about their first meeting with a family solicitor to discuss a divorce, relationship breakdown or issues about children. 

We know that talking about your private life, finances and children can be difficult, and we aim to deal with all your concerns and fears sensitively and empathetically. What you discuss with your solicitor is confidential. Rest assured, you will never be judged, whatever your circumstance. I do not think it is possible to shock a family solicitor!

The Myth of Common Law Marriage: Cohabiting Couples

Julie Bennett
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‘Given that cohabiting couples are the fastest growing family type in England, it is surprising that they do not share the same legal rights as others.’

Caroline Nokes, chair of the Women and Equalities Committees. 

A recent inquiry of The Women and Equalities Committee has found that the number of cohabitating partners in England and Wales is rising with over 3.4 million partners currently cohabitating in 2020. This is an increase from 1.5 million in 1996 which makes it a popular family unit in today’s society. 

Divorce: How to embrace a child focused approach

Jennifer Allen
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This week is Good Divorce Week 2021 (29 Nov - 3 Dec). Every year this campaign starts important conversations around divorce and separation. It is organised by Resolution, a community of family justice professionals aiming to resolve separation issues in a constructive way and delivering better outcomes for their clients.

Resolution found that, two thirds of separated parents surveyed ahead of this week’s Good Divorce Week, said they lacked help or advice about how to put children first when they split from their partner.

This year Hughes Paddison and other Resolution members are helping to raise awareness about how parents can embrace a child-focused approach to separation.

Nuisance neighbours and doorbell cameras

Andrew Turner
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With the advent of Wi-Fi enabled home security cameras which are cheap to buy and easy to install our neighbourhoods are more watched than ever. 

But what happens if your cameras can pick up on your neighbours’ movements and record their conversations? Users should be aware that if their video and audio recordings capture their neighbours then there is a risk of being served with Court proceedings by a neighbour fed up with being monitored. 

How is "parental responsibility" obtained and when does it end?

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We explore how parental responsibility is obtained, who can have it and when it ends. In the recent case of D v E (termination of parental responsibility) [2021] EWFC 37 (referred to below as D v E ) the Court terminated the Parental...

Stamp Duty Land Tax: How much do you have to pay now?

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Stamp Duty Land Tax (‘SDLT’) is a self-assessment tax paid on property purchases and is payable by everyone purchasing a residential or non-residential property in England and Northern Ireland, including overseas buyers, corporate bodies and...

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