Latest Posts
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...
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.
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...
What to do if you cannot agree with the child's other parent
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.
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?
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.
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.
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.
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!
‘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.
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.
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.
Emma O’Brien explores 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 (‘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...
It is not uncommon for adult children who have been estranged from their parents to be left out of their parents’ Will. However, if that child believes they should have been reasonably provided for, there may be hope by way of a claim brought under the...
In an increasingly litigious, compensation-focussed society, stories of people trying to apportion legal blame for the most trivial of accidents have become all too familiar. The idea that if someone suffers a loss or injury, a third party must necessarily...
Back in 2005, the Government introduced the Child Trust Fund (“CTF”) and gave parents a gift of at least £250 to put into the CTF, so forming the basis of a nest egg for the child when they reached 18. Parents and other relatives...
Hot on the heels of my recent article considering the timing of starting divorce proceedings (view it here ), on Monday 7th June 2021 Ministers announced that the Divorce, Dissolution and Separation Act 2020 will come into force on 6th April 2022. The...
Here at Hughes Paddison, we have been closely following the Divorce, Dissolution and Separation Act since its announcement in 2018, through Parliament to receiving Royal Assent on 26 th June 2020. Its introduction will see some of the most ground-breaking...
We are all thinking more about our health at the moment and you may be concerned over how your wishes might be followed if the worst should happen and you are unable to make you own decisions regarding your treatment and care. Many people have strong...
There are nearly 1 million people currently living in the UK with dementia. Led by the Alzheimer’s Society, this week is Dementia Action Week, which is a national event that sees the public coming together to take action to improve the lives of people...
In October 2007 the Government introduced the Transferable Nil Rate Band (TNRB). All individuals have their own Nil Rate Bands (NRB) which has stood at £325,000 since 2009 and will remain at this level until at least 2026. The NRB is that part of the...
Many tenants have fallen into significant arrears of rent during the Coronavirus pandemic. Landlords are feeling the financial pain, and the restrictions that have prevented the early termination of leases has added to that pain. And just as we start to...
The Covid-19 vaccination rollout is the biggest inoculation programme the country has ever undertaken. Uptake of the vaccine has far outreached expectations, with more than 19 million having received at least one jab, and more than 700,000 a second. Yet, it...
It's December, hats and scarves are out, we are all thinking about how we will spend the festive holiday and who we can spend it with in light of the COVID-19 tiered restrictions. Recently we have had to put more thought into how to spend time safely...
Forfeiture is a remedy that can allow a landlord to terminate a lease if the tenant does not make payments of rent. In the case of commercial property, the lease can be forfeited by way of peaceable re-entry - ie changing the locks. But this robust action...
The extent of each party’s liability is a key part of a commercial contract and is likely to be subject to extensive negotiation. An indemnity is a promise usually made in a contract to pay money out on the occurrence of a specified event. It aims to...
Administering an estate can be a daunting task. Whilst there is no requirement to enlist the help of a solicitor, there are many reasons why it may be best to do so. Our team has many years’ experience and can help you to avoid common traps...
The Stamp Duty Land Tax (‘SDLT’) holiday was announced on 8 th July 2020 to rejuvenate the property market. The holiday applies to residential property transactions by way of an increase in the first SDLT threshold from £125,000 to...
The Ministry of Justice (MoJ) has officially declared that Wills and Codicils witnessed remotely by video link will be deemed legal, as long as the quality of the sound and video is sufficient for the parties to see and hear what is happening at the time....
When a right of way is granted, conditions might be attached to the right which restrict how you are allowed to use the right of way. A typical example would be a condition that limits use of the right of way to pedestrian use only. Similarly, conditions...
In recent months it has become much clearer just how important online services are. With this in mind, the Office of the Public Guardian (“the OPG”) has been working behind the scenes to make using Lasting Powers of Attorney (“LPAs”)...
When separating couples reach agreement as to how to deal with their finances in divorce or dissolution proceedings, the best way for this to be recorded is for it to be set out in a consent order that is approved by the court. If there are ongoing court proceedings to resolve financial claims, the court will make a final financial order within those proceedings. The order made by the court is final and binding upon Decree Absolute and there are limited circumstances where final financial orders can be “reopened”.
Ensuring that all the boxes are ticked before serving a valid section 21 Notice has been something of a nightmare for landlords in recent years. Gas Safety Certificates, Energy Performance Certificates, How to Rent Checklists, and Prescribed Information....
A right of way is, in its simplest form, a right to pass across somebody else’s property. There might be conditions attached. For example, only pedestrian access may be allowed. Or the access might be limited to certain purposes only, such as for the...
On 17 th June 2020 the House of Commons overwhelmingly supported the Divorce, Dissolution and Separation Bill at its final stages in Parliament. After receiving Royal Assent, the new law will mean that spouses will be able to apply for a divorce, on the...
It is somewhat of an understatement to say that Covid-19 and the lockdown imposed by the Government on 24 th March 2020 has impacted all aspects of our lives over the last few months. Separated parents and their families have been one of the groups most...
The June quarter day is fast approaching and, with tenants struggling, protecting a rental income is becoming an increasingly challenging task for landlords. It is therefore essential that landlords do not miss the opportunity to pursue a claim against...
Legislation has already been introduced preventing landlords from forfeiting leases due to non-payment of rent. This is now to be followed by measures that will “temporarily void” statutory demands and winding up petitions that are issued...
The relationship between private land owners and members of the public exercising rights to traipse over private land is not always a relationship characterised by blissful harmony. It is a relationship that has been tested further by COVID-19. Tensions have...
Whether or not you are employed or self‑employed, if you are suffering from the impact of a salary decrease, you have been furloughed, made redundant or a contract ended, you will no doubt have concerns as to your obligations under the terms of a...
In this unprecedented time, the government has clarified its advice on moving home during the lockdown. The essence of this advice is where possible to delay moving. This applies to both homebuyers and renters. Transactions that have already...
The Government has offered unprecedented levels of financial support to businesses and individuals. Where that comes in the form of grants such as the Coronavirus Job Retention Scheme, business rate holidays and the Small Business Grants Scheme, businesses...
A few weeks ago, the Coronavirus was barely on people’s radars and the term “furloughing” unheard of. Every day we are faced with developments that are significantly impacting our businesses. The government have announced some support...
The Coronavirus Act 2020 came into force on 25 March 2020. It implements a series of measures to protect both landlords and tenants. Summarised below are some of the key measures affecting business tenancies and residential tenancies. Business...
As the impact of COVID-19 is rising daily, attention is turning to force majeure clauses. Can these clauses be relied upon to excuse parties from performing their contractual obligations? What are force majeure clauses? Force majeure clauses are...
In recent news which should be welcomed by directors of businesses who are grappling with the impact of COVID-19, it was announced that there would be changes to the insolvency regime. This includes a temporary suspension of wrongful trading provisions for...
There are many things to think and worry about at the moment, but something which may be causing you particular concern is whether your Will is up to date, or how you can put a Will in place if you do not already have one. It is definitely not too late, and...
We find ourselves in unprecedented times and the current public health crisis raises worries and concerns, not least from separated parents wondering how to manage the arrangements for their children at this time. The Government have clarified that the stay...