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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
IMPLICATIONS FOR CHARITABLE COMPANIES OF THE COMPANIES ACT 2006
(posted December 07)
The Act seeks to simplify company law. Unfortunately it has created a situation
which will require most charities to review their memorandum and articles and
supporting governance policies to:
> Take account of new rules on conflicts
> Reflect provisions that overrule your memorandum and articles
> Take advantage of new deregulations
> Clarify directors’ duties
This article is published in 'Caritas - January 2008'.
Full Article
go to the Charity Team pages page
Damage Limitation
(posted December 2007)
This is a recent article that appeared in the Estates Gazette 15/12/2007, written by Ian Dias and Jason Hunter. Schedules of condition provide an evidential record of the state of a property with the aim of preventing future disputes. Ian Dias and Jason Hunter consider their efficacy.
Full Article
go to the Contentious Property Team pages
Pre-Budget Report on Capital Gains Tax Simplification
(posted November 2007)
The Pre-Budget Report unveiled the Government’s proposals for simplifying the Capital Gains Tax regime as from the 6th April 2008. The main consequence of this simplification will be the withdrawal of taper relief and indexation allowance and the lowering of the rate of CGT from the current top rate of 40% to a standard rate of 18%. How will these new rules affect you?
Full Article
go to the Taxation Team pages
Inheritance Tax and the Pre-Budget Report
(posted November 2007)
The Pre-Budget Report 2007 has been heralded as making the greatest change to Inheritance Tax since this tax was introduced in 1986. Headlines announce that Inheritance Tax thresholds have been ‘doubled’. Yet, are the changes really that sweeping, will couples really be able to leave £600,000 tax-free when they die and, most importantly, how will these new rules affect you?
Full Article
go to the Wills pages
Possession Claims and Disability – What does the Future Hold?
(posted October 2007)
In recent years, the Courts have increasingly had to consider the impact of the Disability Discrimination Act 1995 (‘the 1995 Act’) on landlord and tenant law. That consideration has led to a number of interesting decisions, in particular involving residential possession proceedings.
Full Article
go to the Contentious Property Team pages
Companies Act 2006 -
General Meetings And Resolutions
(posted September 2007)
The next set of changes to company law under the Companies Act 2006 will be coming into force on 1 October 2007 and will affect all charitable companies. This article explains the key changes.
Full Article
go to the Charity Team pages page
Companies Act 2006 -
Directors' Duties
(posted September 2007)
From 1 October 2007 the first raft of statutory duties for company directors will become law under the Companies Act 2006. Read full article for more.
Full Article
go to the Charity Team pages page
What is a Trust?
(posted September 2007)
The concept of a ‘Trust’ is unique to common law countries and has been part of the English legal system since medieval times. Under English law there is a distinction between the legal and equitable ownership of property. In simple terms, it is possible for a person to be able to administer and manage property as a legal owner without being entitled to the enjoyment of that property as its beneficial owner.
Full Article
go to the Trusts pages
What is a Lasting Power of Attorney?
(posted September 2007)
Lasting Powers of Attorney were introduced pursuant to the Mental Capacity Act 2005. From the 1st of October 2007, Lasting Powers of Attorney replace Enduring Powers of Attorney
as the primary method of choosing substitute decision-makers to act for you. This guide provides you with what you need to know.
Full Article
go to the Elderly pages
Division of Assets on Divorce When a Property in France is Concerned
(posted August 2007)
Family law practitioners are increasingly confronted with a situation where a couple’s assets include French property. Problems inevitably arise when the issue is addressed within a wholly UK context, ignoring the need for early specialist advice as to the implications of any proposal for the French property. Dawn Alderson and Richard Frimston look at the issues involved.
Full Article
go to the French Law department pages
Incapacitated Adults, English and French Perspectives
(posted August 2007)
This article examines the issues faced when a client lacks the mental capacity to manage their own property and affairs. In particular, it focuses on circumstances when an English national owns property in France, and the incapacitated adult (hereafter, ‘the adult’) wishes to dispose of that property.
Full Article
go to the French Law department pages
Estate Planning and the Family Home
(posted August 2007)
Chris Young writes on the issues and concerns with estate planning using the family home.
Full Article
go to the Taxation pages
Enduring Powers of Attorney and Lasting Powers of Attorney
(posted August 2007)
Katrina Waters writes an update on the new regime of Lasting Powers of Attorney (LPAs), which will replace the existing Enduring Powers of Attorney (EPAs).
Full Article
go to the Elderly and Incapacity Matters pages
Lease or licence – and why it matters
(posted May 2007)
The difference between a lease and a licence is of critical importance to occupiers of property. Paul Greatholder looks at a recent case which illustrates the point.
Full Article
go to the Contentious Property Team pages
Lease or licence – and why it matters
(posted May 2007)
The difference between a lease and a licence is of critical importance to occupiers of property. Paul Greatholder looks at a recent case which illustrates the point.
Full Article
go to the Contentious Property Team pages
Collaborating in Harmony
(posted February 2007)
Partnerships between arts organisations can entail legal risks. The article explains how to avoid the pothole
Full Article
go to the Charity Team pages
Inheritance tax changes - don’t get caught in the Act
(posted December 2006)
In the last Budget Gordon Brown Chancellor of the Exchequer, without any prior consultation, announced far-reaching changes to the taxation of trusts created both during lifetime and upon death. Kieran Bowe looks at these changes.
Full Article
go to the Wills, Probate and Trusts pages
The Smart Set?
(posted December 2006)
"Despite revenue restrictions, chambers' purchase lives on". Scott Leonard writes for the Money Matters supplement of Counsel magazine.
Full Article
go to the Corporate & Commercial pages
Stepping Up
(posted December 2006)
The STEP Journal speak to Richard Frimston about his new role advising the EU on harmonising laws and his catchy new title as a member of PRM III/IV
Full Article
go to the Wills, Probate and Trusts pages
French Leaseback Scheme
(posted November 2006)
If you are purchasing a French property under the popular “leaseback” scheme, bear in mind that the duration of the lease, the rental increase and the refund of VAT are subject to very strict rules. Patrick Delas looks at the issue.
Full Article
go to the French Law department
Missing Landlords:Buying the Freehold
(posted September 2006)
Ed Cracknell looks at how to purchase the freehold of a building when a landlord is missing.
Full Article
go to the Contentious Property department
A New Common Purpose
(posted September 2006)
An alternative approach to the management of intellectual property.
Full article
go to the Charity Team pages
Charity Mergers
(posted September 2006)
Legal issues surrounding charity mergers.
Full article
go to the Charity Team pages
Trusts, Trust-Like Legal Structures and EU Trusts
(posted August 2006)
Richard Frimston gives a talk on Trusts at the European Parliament. The following paper is published on the European Parliament's website.
Full Paper
go to the Wills, Probate and Trusts pages
Enduring Powers of Attorney and Lasting Powers of Attorney
(posted August 2006)
Katrina Waters writes about the Mental Capacity Act 2005 and how under the Act, which comes into force in April 2007, Lasting Powers of Attorney will replace Enduring Powers of Attorney as the primary way of choosing a decision-maker to act in the event of loss of mental capacity.
Full Article
go to the Elderly and Incapacity Matters pages
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