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All Change - Companies Act 2009
(posted December 2009)
Charities should embrace the changes introduced by the Companies Act 2006. James Sinclair Taylor & Sukanya Ransford explain why. This article featured in the New Law Journal’s winter supplement (Winter 2009).
Full Article 
go to the Charity Team pages
Brussels IV – The Draft Succession Regulation
(posted November 2009)
The proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession - COM(2009)154 final.
Full Article
go to the Wills page
Problems That Matrimonial Law Is Now Facing - Pre-Nuptials
(posted October 2009)
Richard Frimston examines private international law in light of the Court of Appeal decision in Radmacher v Granatino. This article is taken from the Family Law Journal, October 2009.
Full Article
go to the Family Team page
Service Charge Consultation
(posted October 2009)
In an article first published in the Property Law Journal, Ed Cracknell discusses the requirement for landlords and managers of blocks of flats to consult with leaseholders before carrying out certain works and entering into certain long term agreements.
Full Article
go to the Contentious Property Team pages
HMRC’s New Disclosure Opportunity
(posted October 2009)
An article examining New Disclosure Opportunity (NDO). In order to benefit from the NDO, a taxpayer must notify HMRC by 30 November 2009.
Full Article
go to the Taxation page
Legal Structures
(posted August 2009)
Andrew Studd (Partner), asks what makes a social enterprise in regards to some limited liability options available. This article featured in the Charity Times (August 2009 edition).
Full Article
go to the Charity Team pages
The Cost of Trying To Resolve Disputes
(posted August 2009)
Generally a loser in litigation will be ordered to pay the winner’s costs, or the larger part of them. As we highlight in this article, the dilemma is that a party to a dispute might find itself out of pocket not only if it fails to follow the courts’ best practice, but, conversely, even if it does comply with the rules. We then offer practical suggestions.
Full Article
go to the Contentious Property Team pages
All Change For Statutory Wills - A New Direction
(posted August 2009)
A recent case featured in this article, has led to a change in the criteria to be considered when making a will for a person that lacks capacity. Alison Regan, Solicitor, examines this issue further.
Full Article
go to the Wills page
Incapacity of Adults – Cross Border Issues
(posted August 2009)
A recent case reviewed in this article highlights some of the cross border problems that occur in a rapidly changing legal landscape. Richard Frimston, Partner, explores this further.
Full Article
go to the Elderly & Incapacity pages
Discipline and Grievance Practicalities
(posted July 2009)
Following the launch of the new ACAS Code of Practice on 6th April, employers should have updated their disciplinary procedures. Jane Klauber, Partner, takes a more detailed look at what is involved. This article featured in the People Bulletin, July 2009.
Full Article
go to the Employment page
EU, Wills and Succession, The Long and Winding Road
(posted July 2009)
Following the postponement of the expected
draft regulation, Richard Frimston, Partner,
examines the state of play today. This article was originally featured in the Elderly Client Advisor, July-August 2009 edition.
Full Article
go to the Wills page
Mergers of Charities
(posted June 2009)
Mergers are increasingly becoming a feature of the voluntary sector. James Sinclair Taylor (Partner) explores further.
Full Article
go to the Charity Team pages
Cohabitation Bill
(posted June 2009)
The Law Commission’s report in July 2007 recommended significant proposals for change in relation to
cohabitation law reform. Panay Vassiliou, solicitor in the family department explores the Bill further.
Full Article
go to the Family Team page
Tenant insolvency: the landlord’s options
(posted June 2009)
Ed Cracknell asks whether the law strikes a fair balance between landlords and tenants when tenants enter into insolvency.
Full Article
go to the Contentious Property Team pages
New Tricks: Wealth Management
(posted June 2009)
With more changes to the government's rules on tax and trusts and the arrival of commoditisation, private client practitioners
have to up their game if they want to stay on top. Richard Frimston (Partner), comments in the 2nd June 2009 edition of the Solicitors Journal.
Full Article
go to the Taxation page
Expert Immunity
(posted June 2009)
The autonomy enjoyed by medical experts in clinical negligence was brought under threat recently when the General Medical Council brought proceedings angainst a medical expert for the opinion that he expressed in relation to a breech of duty in a clinical negligence action. Deborah Blyth (Partner), explores this further in an article featured in the Apil magazine called PI focus and the Litigation Letter.
Full article
go to the Personal Injury & Clinical Negligence page
The Primacy of Without Prejudice
(posted May 2009)
Camilla Thornton highlights the correct approach to financial dispute resolution and the role of the FDR Judge. This article was published in Family Law Journal, April 2009.
Full Article
go to the Family Team page
Enfranchisement Supplement
(posted May 2009)
An article which examines surprising decisions on which buildings can be enfranchised. This also looks at where to start in terms of collective enfranchisement.
Full Article
go to the Enfranchisement page
Capital Gains Tax and Gifts of Properties
(posted May 2009)
An article briefly examining Capital Gains Tax, in particular gifts of properties.
Full Article
go to the Taxation page
Directors’ duties and your reputation
(posted May 2009)
The Companies Act 2006 has introduced some new obligations for company directors and charity trustees using a company by limited guarantee format. Many directors are still not aware of these. This article provides an overview of the changes and some practical advice to help you to manage the risks, including to your personal reputation!
Full Article
go to the Charity Team pages
2009 Budget Briefing
(posted May 2009)
This document has been prepared by Windsor Stebbing Marsh.
Full Article
go to the Taxation page
A Watershed? : Tax Relief on Charitable Donations
across EU Member Countries
(posted April 2009)
Cautious optimism might best sum up commentators’ reactions to the recent Decision of the
Court of Justice involving charitable giving across national boundaries and the rights for a
donor to benefit from the tax incentives available in his country of residence.
Full Article
go to the Charity Team pages
Cohabiting Parents - What are you entitled to for
your child?
(posted April 2009)
Unmarried couples with children who separate do not have the same legal remedies as married
couples who are divorcing. Panay Vassiliou, solicitor in the family department explores these issues further. An edited version of this Article was published in The Independent Lawyer in March 2009.
Full Article
go to the Family Team page
Citizens and cross-border estates
(posted March 2009)
This article originally appeared in the March 2009 edition of The Law Societys Probate Section Magazine. Partner, Richard Frimston explores many issues surrounding Citizens and Cross-border Estates; The Private International Law (“PIL”) Position, Characterisation, Validity of Wills as to Form, Characterisation and Conflicts, The Issues for cross border Capital Taxation, Will Drafting, Estate Administration, The European Union and the Single Market.
Full Article
go to the Probate page
Developments in Governance Duties for Directors of Companies and Charity Trustees
(posted March 2009)
There has been a major redefinition of the duties of directors of companies and those of
trustees for the many charities which use a company limited by guarantee format. While
many of the new rules codify old practises, there are new and somewhat convoluted
obligations particularly with the management of conflicts of interest.
Full Article
go to the Charity Team pages
A Watershed? : Tax Relief on Charitable Donations across EU Member Countries
(posted February 2009)
An article focussing on tax relief on charitable donations across EU member countries.
Full Article
go to the French Law department pages
Duty bound
(posted February 2009)
Trustees who fail to comply with the rules on conflicts of interest in the Companies Act 2006 could find themselves - and their charity - in serious trouble, says David Mears (published in the Solicitors Journal - 17 February 2009).
Full Article
go to the Charity Team pages
In Both Camps
(posted February 2009)
James Sinclair Taylor and David Mears review
the rules on charitable company directors (published in the Caritas Magazine - January 2009).
Full Article
go to the Charity Team pages
HIPs - Home Information Packs
(posted February 2009)
This article looks at the latest developments with HIPs.
Full Article
go to the Conveyancing Team pages
Shell Companies
(posted February 2009)
The new register of charity mergers enables legacies to be transferred
directly, rendering ‘shell companies’ unnecessary. David Mears, Partner in the Charity team explains (published in the Solicitors Journal - WINTER 2008/09).
Full Article
go to the Charity Team pages
What Can A Seller Do If A Buyer Fails To Complete A Purchase?
(posted February 2009)
In the current market, there are likely to be more buyers who have exchanged on a purchase and
then fail to complete. This article focuses on the options which are available to the seller after a
notice to complete is served.
Full Article
go to the Commercial Property Group pages
Freedom to Sell Residential Property
(posted February 2009)
Peter Nicholson explores this issue.
Full Article
go to the Commercial Property Group pages
Telecommunication Temptation Too Good To Be True
(posted February 2009)
An offer from a telecommunications operator to take a lease of otherwise dead space of your
property, for example the roof, can seem like a sure fire way to make some extra in come with no
down side. However, it is worth considering the full implications before letting someone erect
telecommunications equipment on your land.
Full Article
go to the Commercial Property Group pages
Understanding Tenant Insolvency
(posted February 2009)
As the credit crunch enters its next phase, landlords are increasingly affected by tenant
insolvency.
Full Article
go to the Commercial Property Group pages
Cross-Border Tax Planning
(posted January 2009)
Partner, Richard Frimston explores Cross-Border Tax Planning in some depth. This article was originally published in the IFC Review – 26th January 2009, edition.
Full Article
go to the Taxation page
Marriage and Non-Marital Registered Partnerships - A European Perspective of Private International Law
(posted January 2009)
The cross-border recognition and effect of civil partnerships and other non-marital registered partnerships is an area that continues to develop and change. The Hague Conference still has the recognition of registered partnerships on its agenda and the EU is considering private international law in relation to the effects of such relationships on property rights. Partner, Richard Frimston explores.
Full Article
go to the Family Team pages
Keep A Close Eye On Your Tenants (posted January 2009)
Seeking possession of a Rent Act-protected tenancy is not always straightforward and landlords should be vigilant, says Paul Greatholder. This article focuses on practical tips for landlords, surveyors and lawyers when considering a claim for possession.
Full Article
go to the Contentious Property Team pages
Standard of Living: How the other half lives (posted December 2008)
In the light of the S v S [2008] Camilla Thornton and Kate Hamilton examine standard of living and lifestyle issues and the impact upon judicial discretion. This article was pubished in the Family Law Journal (Issue Oct 2008).
Full Article
go to the Divorce and Family matters pages
Dispute Avoidance and Resolution in a Recession (posted December 2008)
With money being scarce at the moment for many, disputes present new issues for some. Jason Hunter looks at approaches to dispute avoidance and resolution in these recessionary times.
Full Article
go to the Contentious Property Team pages
Recognition of Civil Partnerships: An Update (posted November 2008)
Whilst the UK recognises most foreign equivalents as Civil Partnerships and thus gives them all the same tax exemptions and reliefs, the reverse is not the case. Read more.
Full Article
go to the Civil Partnerships pages
Energy Performance Certificates
(posted November 2008)
The construction, sale, letting and in some circumstances the modification of commercial premises (subject to a few exceptions) triggers the requirement for an Energy Performance Certificate (‘EPC’). Elizabeth Dawes explores this issue.
Full Article
go to the Commercial Property Group pages
Preserving Your Assets
(posted November 2008)
In the current uncertain and difficult economic climate (an often used introduction to articles at the
moment!), it is even more important that landlords of commercial property manage their
investment carefully. Oliver Chapman explores some of the issues.
Full Article
go to the Commercial Property Group pages
Property Theft Update
(posted November 2008)
This article considers the risks for property owners of fraudulent
transfers. Stephen Clarke explains.
Full Article
go to the Commercial Property Group pages
Building Bridges
(posted November 2008)
Angela Dennis looks at how the Construction Contracts Bill 2008 aims to reduce disputes in the Construction Industry.
Full Article
go to the Commercial Property Group pages
Dangers for Beneficiaries of Estates involving France
– A cautionary tale!
(posted November 08)
We have seen several cases recently where the Estate of an English national living in
France is left on their death to an unrelated person or a distant relative, often living in
England and unable to speak French. The French department explains.
Full article
go to the French Law department pages
First Among Equals: New Equality Legislation
(posted October 08)
Jane Klauber writes for Charity Finance October 2008 edition on the equality bill.
Full Article
go to the Charity Team pages
Testaments sans frontières
(posted October 08)
Where preparation of a will raises cross-border issues, practitioners must dig deep in order to determine and correctly deal with all the jurisdictional factors, Richard Frimston explores.
Full Article
go to the Wills page
Lasting Power Of Attorney:
Summary of the First 12 Months
(posted October 08)
Read the review of the past year including extracts from an article by Denzil Lush, Senior Judge of the Court of Protection
Full Article
go to the Elderly & Incapacity pages
What to do if someone dies leaving French assets?
(posted September 08)
If someone dies while living in France or lives outside France but leaves French property the situation is markedly different to that in the UK. The French department explains.
Full article
go to the French Law department pages
England & Wales – France: Incapacity of Adults
(posted September 08)
This article examines Incapacity of Adults in England, Wales and France. It was written by Richard Frimston for Private Client Business - Issue 4, July 2008.
Full Article
go to the Elderly & Incapacity pages
Cohabitation Contracts
(posted August 08)
This guide highlights some of the misconceptions about co-habitation and offers practical steps to protect your legal rights.
Full Article
go to the Divorce & Family Matters pages
Members of your charity - Why have them?
(posted July 08)
Charities vary in many ways and one of the most striking is the vastly different role
that the members play within organisations in the sector. James Sinclair Taylor
takes a look. This article was pubished in the July 2008 Issue of Governance Magazine (Issue 19).
Full Article
go to the Charity Team pages
Evicting a disabled person - LB Lewisham v Malcolm (posted July 2008)
The House of Lords gives important guidance on the application of disability discrimination legislation to landlord and tenant law.
Full Article
go to the Contentious Property Team pages
Trustee Liabilities - Over exposed?
(posted July 08)
Changes introduced under the new Charities Act have highlighted the
personal risks trustees face in undertaking their duties. James Sinclair Taylor
takes a look.
Full Article
go to the Charity Team pages
Seeing The Light
(posted July 2008)
The existence of a right to light can prevent a development from taking place and so it is
important to establish whether such rights exist when considering sites for potential
development. Judy Lupton explores this issue.
Full Article
go to the Commercial Property Group pages
Option to Tax Changes
(posted July 2008)
Exempt supplies of land and buildings can be converted into standard-rated supplies by the
landowner making an option to tax (sometimes known as an ‘election to waive exemption’). Ian Goldsmith explores this issue.
Full Article
go to the Commercial Property Group pages
Foxtons Lose Their Claim To Commission
(posted July 2008)
A recent case (Foxtons Limited v Pelkey Bicknell [2008] ) highlights the need for estate agents to
show a clear link between any buyers offer and their introduction to a property. Rachael Beaumont explores this issue.
Full Article
go to the Commercial Property Group pages
Sustainability Turning A Buzz Word Into A Reality...
(posted July 2008)
Sustainability has fast become a major issue and the case for social responsibility is being
reinforced by an economic argument for environmentally friendly buildings and management
practices. Katy Peacock explores this issue.
Full Article
go to the Commercial Property Group pages
Taxation of Pre-Owned Assets
(posted June 2008)
Rita Bhargava explores the position regarding the taxation of pre owned assets in relation to use by the donor and gifts with reservation of benefit. This thesis paper was originally written as part the Society of Trust and Estate Practitioners’ membership requirement for which Rita received the Qualified Practitioner Student of the Year award in taxation.
Full Article
go to the Taxation Team pages
Casual Status - Article from Charity Finance Magazine.
(posted June 08)
Jane Klauber looks at casual status. One of the hallmarks of employment status is mutuality of obligation, ie. whether there is some obligation on an individual to perform work offered and some obligation on the employer to pay for it. Employees are true casuals only if the irreducible minimum of mutuality of obligation is absent.
Full Article
go to the Charity Team pages
Legal Matters - Members of your charity - Why have them?
(posted May 08)
Charities vary in many ways and one of the most striking is the vastly different role that the members play within organisations in the sector.
Full Article
go to the Charity Team pages
Electricity Wayleaves - Shocking News!
(posted April 2008)
A wayleave agreement is an agreement under which a property owner gives a service provider a
right to install a pipe or cable on the owner’s land. Jodi Chapman explores this issue.
Full Article
go to the Commercial Property Group pages
Relying On Long-Term Prescriptive Use: A Hidden Risk
(posted April 2008)
Russell-Cooke LLP and Barrister Tim Dutton recently acted for the appellants in Housden v
Conservators of Wimbledon etc. Commons [2008] EWCA Civ 200 in which the Court of Appeal
considered rights of prescription over common land. David Stockley explores the issues.
Full Article
go to the Commercial Property Group pages
Energy Performance Certificates
(posted April 2008)
An Energy Performance Certificate (EPC) is a certificate containing information about the energy
efficiency of a building. On assessment buildings will be given an energy rating from ‘A’ (most
efficient) to ‘G’ (least efficient) together with a recommendation for improving performance. Anna Coward explains.
Full Article
go to the Commercial Property Group pages
Is You Is, Or Is You Ain’t, My Boundary
(posted April 2008)
It is important for owners and occupiers of land to know the physical extent of their property. This
means understanding where, and what, the boundaries are whether horizontal or vertical. Howard Swindall explains.
Full Article
go to the Commercial Property Group pages
Frequently Asked Questions about Assured Shorthold Tenancies
(posted March 2008)
Rakhee Kotecha considers questions frequently asked by private landlords about assured shorthold tenancies.
Full Article
go to the Contentious Property Team pages
When does a tenant become a tolerated trespasser?
(posted February 2008)
Tolerated trespassers used to be narrowly defined as public sector residential tenants who remained in occupation following an order for possession. A recent decision has expanded the definition to include private sector tenants as well. James Sandiford describes how the status of a tenant can become confused and summarises some proposals under consideration that might resolve the problem.
Full Article
go to the Contentious Property Team pages
Who Should Bear The Risk?
(posted January 2008)
The debate between landlords and tenants over what happens if there is damage to premises by
an uninsured risk is more prevalent than ever. Heather Cross explains.
Full Article
go to the Commercial Property Group pages
Law of Property Act Receivers Look Set For A Busy Year
(posted January 2008)
This article looks at the role of a specific type of receiver: the Law of Property Act receiver (“LPA
receiver”). Oliver Chapman explores.
Full Article
go to the Commercial Property Group pages
Commercial Litigation
(posted January 2008)
Often two or three of these methods are used to find the solution that achieves the best result for
our client. Even litigation now has a myriad of options says Francesca Kaye.
Full Article
go to the Commercial Property Group pages
Corporate Responsibility And Opportunity
(posted January 2008)
Much of the Companies Act 2006 (“the Act”) was implemented on 1 October 2007. This included
the new codified directors’ duties (other than the provisions relating to conflict of interest, which will
not come into effect until 1 October 2008). Francesca Kaye explains.
Full Article
go to the Commercial Property Group pages
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