News navigation

New Year, New Organised You

January 29, 2020

Was your New Year’s resolution to make a Will and Power of Attorney? The answer is probably not, but getting your affairs in order now will save a lot of time, money and stress for your loved ones in the long run.

What is a Section 42 Notice?

January 24, 2020

A Section 42 Notice (or Tenant’s Initial Claim Notice) is served by the tenant (flat owner) on the landlord and marks the beginning of the statutory lease extension process.

The Value of Mediation or Collaborative Law

January 24, 2020

How you deal with the emotional and practical issues of a divorce or separation really matters – to your own well-being, to your spouse/partner and most importantly, to any children you have.  When feelings are running high it is all too easy to feel that you are entering into combat with your estranged spouse or partner.  The decisions you may have to make can seem mountainous, just at the time…

Business Immigration – Preparing for 2021

January 22, 2020

We’re promised that a shiny new immigration system will come into force in January next year but, as yet; we don’t know what it’ll look like. That said, details of the Conservative Party’s aspirations have emerged and it’s clear the government wants to end the free movement of workers from the EU. This provides businesses with a good opportunity to look ahead and take protective action where…

Trethowans gets behind The News Business Excellence Awards for fourth consecutive year

January 22, 2020

Trethowans is pleased to be getting behind The News Business Excellence Awards for another year.

Employment Alert – New Immigration rules from January 2021

January 21, 2020

The Government intends to implement new immigration rules on 1 January 2021

Confessions of a Family Mediator

January 20, 2020

Mediation is less confrontational, less stressful, less expensive and less damaging in every respect and it offers couples an opportunity to move on from their relationship. They can create their future and continue to work together constructively, to the immense benefit of their children.

Employment Alert – Changes from day one of employment

January 16, 2020

From April 2020, the law is changing in respect of what information needs to be provided at the beginning of employment.

Do I need a prenuptial agreement?

January 13, 2020

Congratulations! You’ve set the date, booked the venue and started writing the guest list; but have you considered a pre-nuptial agreement? Or do you think that’s only for the wealthy?

Mustard v Flower; Are Recordings of Medical Examinations Now Going to be the Norm?

January 9, 2020

In the recent High Court case of Mustard v Flower & Others, Master Davison was tasked with deciding whether the Claimant’s recordings of her medical appointments with the Defendant’s medical experts – some of which were undertaken covertly – were admissible in evidence. In deciding that the evidence was admissible he outlined that he considered that guidance was required but that it was…

Ethical Veganism – That Decision

January 7, 2020

Yes, an Employment Tribunal in Norwich has decided Ethical Veganism can be a philosophical belief which amounts to a Protected Characteristic under the Equality Act 2010 and yes, that’s important. But no, the sky hasn’t fallen and no, the Earth hasn’t stopped spinning.

Employment Alert – ‘Ethical veganism’ protected under the Equality Act 2010

January 3, 2020

An Employment Tribunal has decided that ‘ethical veganism’ can be a “philosophical belief” and protected under the Equality Act 2010.

How can the Failure to Wear a Seatbelt Affect your Personal Injury Claim

January 2, 2020

We all know that when we are travelling in a vehicle we should be wearing a seatbelt for our own safety and the safety of others. It is a criminal offence not to do so.

Winter Weather Brings Increased Risks For Businesses

December 20, 2019

As we are now in the grip of winter and the weather gets colder, the presence of snow and ice can lead to increased risk of injury.

Trethowans signs Armed Forces Covenant

December 20, 2019

A local law firm has shown support to former and currently-serving military personnel, by signing the Armed Forces Covenant.

Why Do Conveyancers Argue Over Taking Out Legal Indemnity Insurance?

December 18, 2019

A selling lawyer and a buying lawyer have different agendas when the issue crops up.

Standstill Agreement under the Inheritance Act 1975

December 18, 2019

Andrew Carswell is a partner specialising in Dispute Resolution at Trethowans. He explains some of the issues encountered in the context of Inheritance claims.

Appointing a Guardian

December 17, 2019

Making a Will is often one of those ‘adulting’ steps we are reluctant to take, but when we become parents, it is important that we give consideration to who would look after the children if we were to die during their minority.

Hampshire Law Society Appoints Trethowans Chartered Legal Executive as New President

December 17, 2019

An employee from local law firm, Trethowans, has been voted in as President of the Hampshire Law Society.

Overview of Personal Injury Claim Process

December 17, 2019

This article is a whistle-stop tour of how a personal injury claim would proceed.

Immigration for Doctors – Who are ‘Doctors and Nurses’?

December 16, 2019

In the General Election campaign we heard a fair amount about ‘Doctors and Nurses’. It’s a safe bet we’ll hear more. But what do politicians mean when they talk about ‘Doctors and Nurses’?

Ministry of Defence Asbestos Review Conclusions

December 13, 2019

Following concerns with the historic operation of Sea King helicopters at various locations in the south of England, The Ministry of Defence conducted a detailed asbestos review.

Cauda Equina Syndrome: Time to Take Action

December 12, 2019

Cauda Equina Sydrome is extremely rare, affecting up to 3 in every 100,000 people. However, if it is not diagnosed and treated rapidly it could have devastating effects for individuals involved. As a result of its masked appearance, unfortunately the clinical negligence and personal injury team at Trethowans see far too many cases involving misdiagnosis of Cauda Equina Syndrome.

Paralegal Interview – Dawn Gore

December 11, 2019

This interview was originally published by the Institute of Paralegals. We wanted to speak to Dawn, Fellow member of the IoP and Paralegal at Trethowans LLP, about her decision to turn to the legal profession, why she felt the IoP membership was a good step to aid her career and what the future holds for her. She also provided us with some fantastic advice for recent graduates looking to start…

Immigration for Doctors – Sponsorship Duties

December 9, 2019

My remark in a previous note about doctors becoming part of the UK’s immigration control infrastructure excited some interest and concern. I acknowledge there is sometimes a counter-cultural dimension to this sort of regulatory compliance but like it or not, there’s no escaping it.

Redress for Victims of Terrorism

December 4, 2019

Victims of acts of terrorism, such as the recent London Bridge attack, are able to claim for a compensation award under a scheme run by the Criminal Injuries Compensation Authority (“CICA”).

Top Tips for Cohabiting Couples to Consider

November 29, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

Trethowans shortlisted for The Legal 500 UK 2020 awards

November 28, 2019

Simon Rhodes, an experienced employment lawyer and Senior Partner at Trethowans has been shortlisted for the Human Resources Individual of the Year Award (outside London) at The Legal 500 UK 2020 awards.

What if there are children?

November 28, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

What is Personal Data?

November 27, 2019

On the face of it, a simple question. However, in some situations, the question of whether information is personal data can be quite complex.

No Such Thing as a Common Law Spouse

November 27, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

Purchasing a property together with unequal contributions

November 26, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes. The annual Awareness Raising Week this year focuses on cohabitation. In the spirit of promoting this theme, the Trethowans family team are writing a series of short articles to assist couples either contemplating cohabitation or perhaps facing the breakdown of their…

Road Traffic Accidents caused by vehicle distractions

November 26, 2019

Driving requires the full attention of the driver at all times – vehicles can travel many metres in a short amount of time and distractions impede drivers’ ability to spot hazards and react in time. However, recently there has been much attention on driver distraction due to the use of mobile phones as it becomes the fastest growing factor in car accidents.

Resolution’s Awareness Week Purchasing a property together – joint tenants or tenants in common?

November 25, 2019

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes.

Immigration for Doctors

November 22, 2019

There’s nothing new about skill gaps, labour shortages or filling them with overseas recruits. Arguably the modern trend started in June 1948 with the arrival at Tilbury of 492 Caribbean migrants on the Empire Windrush. The public sector was quick to welcome migrant workers as a way of meeting increased demand on services and the health sector became a significant beneficiary of migrants work and…

Reprehensible but lawful! Can Claimant’s record a medical examination in a personal injury case?

November 21, 2019

This question was considered in the recent case of Mustard -v- Flowers and Others (2019) in the High Court.

On the twelfth day of Christmas the Court of Appeal gave to me…

November 18, 2019

The recent case of Shelbourne v Cancer Research highlights the importance of ensuring you are safe at office Christmas parties over the festive period. The judge at first instance has ruled that employers may not be vicariously liable for their workers actions.

NHS Figures Show Worst Reported Hospital Waiting Times

November 15, 2019

NHS England reported their worst ever figures for hospital waiting times this month. These included statistics showing that there were 4.42 million people waiting for hospital treatment at the end of September 2019 (the highest ever) and that 15.2% of them had been waiting for over 18 weeks (well in excess of the NHS target of 8%).

Do I need Probate?

November 14, 2019

Unless you are dealing with the estate of a deceased British monarch, you may need to obtain Probate, whether or not the deceased left a valid Will.

Administration of Estates – Put up or Shut up orders

November 8, 2019

Andrew Carswell is a partner specialising in Dispute Resolution at Trethowans. He explains some of the issues encountered in the context of threatened claims against the validity of Wills.

Trethowans offers support to budding Polish businesses

November 8, 2019

A law firm welcomed members of the Polish Business Hub to offer legal advice and solutions to protect their businesses over the short and long term.

Whiplash claim reforms – are you ready?

November 6, 2019

On 20 December 2018 the Civil Liability Act 2018 received Royal Assent. The provisions of this Act have not yet come into force but promise to have a significant impact upon the area of personal injury claims arising out of road traffic accidents.

What Christmas means to children

November 6, 2019

“I think Christmas is about spending time with your family and opening presents in front of the fire” Girl, aged 11 “I think Xmas is more about giving than getting and being around people who love you and who you love” Girl, aged 9

Is the Birth Injury Early Notification Scheme achieving its aim?

November 5, 2019

NHS Resolution launched the Early Notification Scheme, a national programme for the early reporting of infants born with a potential severe brain injury, on 1 April 2017.

How does Inheritance Tax work?

November 4, 2019

Our estate planning solicitors have created this article to guide you through the intricacies of inheritance tax, what it is and when you are expected to pay.

Southern Spinal Injuries Trust

October 31, 2019

I am a Trustee for the Southern Spinal Injuries Trust, the trust was originally set up in 2006. The Southern Spinal Injuries Trust raises money to provide resources over and above that provided by the NHS for patients cared for at the Duke of Cornwall Spinal Treatment Centre at Salisbury District Hospital. The Trust also benefits people with spinal cord injuries living in and around the Salisbury…

Getting the most out of a Law Fair

October 25, 2019

We’re fast approaching law fair season for aspiring lawyers. Although they can be daunting at first, firms are there to catch your attention just as much as you’re aiming to catch theirs. The fairs also provide a fantastic opportunity to get yourself on a firm’s radar and can also help you decide which firm is right for you. Here are some tips to help you stand out and make the most of law fairs…

Trethowans clocks up top national rankings

October 23, 2019

Trethowans has been widely recognised in one of the UK’s top legal directories.

Will you get paid without a contract?

October 23, 2019

Oral agreements for work are a common occurrence. It is natural, quick, and the basis of many sound business relationships. However, if an issue arises, will you get paid what you anticipated on the basis of an oral agreement?

Limitation – make sure you are in time

October 21, 2019

When you have suffered an injury you have a certain period of time within which to bring a claim. Lawyers call this the limitation period.

What happens to cryptocurrency when someone dies?

October 21, 2019

A few years ago there was a surge in the popularity of Bitcoin. Despite prices plummeting over the last couple of years, more and more people are still investing in cryptocurrency. Cryptocurrency is an online currency and there is often confusion about the legal status of such currency.

Government reverse decision for probate fee hike

October 18, 2019

The government has reversed its plans to change probate fees following a widespread backlash to the proposals.

Probate Court fees – where have we got to?

October 8, 2019

Earlier this year the Government revived its 2017 plan for an increase in probate application fees for estates in England and Wales. The new version imposes slightly less punitive charges than its previous incarnation which failed to pass through Parliament before the June 2017 general election.

Who is entitled to see a Will after death?

October 4, 2019

Subject to the circumstances described below, only the personal representatives appointed in a Will are legally entitled to see the will before the grant (also known as Probate) is issued.

Industry Accreditations for Family Lawyers

October 1, 2019

Two family law experts from Trethowans have received a top industry accreditation.

How long does Probate take?

September 30, 2019

Well, more often than not, longer than you think. My advice to clients is that Probate can take anywhere between 6 and 12 months.

Who can Witness a Will?

September 25, 2019

It is very easy for Wills to be invalidated because of how they are executed (signed). The laws governing Will writing and what makes a Will valid under English and Welsh law are fairly old but still very much used today and there is a lot of case law which has developed this over the years.

Bournemouth Business Leaders Saddle up for Dorset Mind

September 24, 2019

A team of Bournemouth business leaders are swapping their suits for cycling shorts as they climb one of France’s toughest mountains…by bike.

Trethowans Trainees qualify as Solicitors

September 19, 2019

Trethowans is pleased to announce that their second year trainees have successfully qualified as solicitors after completing their training contract with the firm.

Trethowans prepares for long-term growth with new trainees

September 18, 2019

Trethowans has taken on four new trainees, in a mark of its ambition for sustained, long-term growth.

6 months on from wins at the Dorset Legal Awards

September 6, 2019

It has been a whirlwind 6 months for Trethowans’ Family and Personal Injury teams, since their respective wins at the Dorset Legal Awards 2019.

Autumn Estate Planning Seminars

September 5, 2019

We are holding three estate planning seminars this autumn in Bournemouth, Southampton and Winchester and we would be delighted if you could join us at one of these special venues.

The law of succession – the LGBTQ+ perspective

August 23, 2019

As public demonstrations Pride events are an important way of campaigning for the rights of the LGBTQ+ community. Unlike most other minorities, being gay is a profoundly individual, and often isolating, experience. Most LGBTQ+ children are born into heterosexual families, often without a support network or anyone to turn to as they realise they are not like most others. This is why a public…

Myths surrounding same-sex relationships

August 23, 2019

UK law has evolved substantially in the last 17 years to recognise a variety of different family structures. Despite these legal changes there are still a number of misconceptions about the law surrounding same-sex families. To celebrate Pride we have decided to dispel some of the more common misconceptions.

Two deals in as many days for Bournemouth banking team

August 20, 2019

Trethowans’ banking team in Bournemouth has overseen two high level deals in as many days.

Salisbury solicitor Andrew Mercer is swimming the English Channel for Aspire

August 19, 2019

This summer, Andrew Mercer is swimming the Channel as part of a relay team for Aspire, a national charity that provides practical help to people with Spinal Cord Injury, supporting them from injury to independence.

The end of the Assured Shorthold Tenancy?

August 16, 2019

A change in the air could be coming for private landlords as the government discusses the future of Assured Shorthold Tenancies.

Deal with the NIP, or it may bite

August 13, 2019

If you have received a Notice of Intended Prosecution (NIP) then the police have evidence that you (or the person driving the vehicle at the time) were travelling in excess of the speed limit.

Proposed coronial investigation of stillbirths

August 12, 2019

The 12 week joint consultation launched by the Ministry of Justice and the Department of Health and Social Care on 26 March 2019 entitled “Coronial Investigations of Stillbirths” ended on 18 June 2019.

Unmarried co-habiting couples are the fastest growing family type in the UK

August 9, 2019

The stats are out, and according to the Office for National Statistics, the number of cohabiting couples has increased by 25.8% in the last decade. Even the current Prime Minister is jumping on the bandwagon with this particular trend, but it’s important to be aware of how you can protect you and your relationship in this scenario.

What is parental alienation

August 7, 2019

Parental alienation is often in the headlines and quoted by many separated parents who are being denied time with their children. But what is ‘parental alienation’ and how do the courts deal with it?

Summer appointments for growing Bournemouth law firm

August 2, 2019

Trethowans Solicitors has made a further two appointments at its Bournemouth office as it continues to grow at a rate of knots.

Clarification on defamation from social media comments

August 2, 2019

A recent Supreme Court case has provided helpful clarification on defamation from social media posts.

An employee has asked for a copy of all their personal data. Do we have to provide everything?

July 30, 2019

Not necessarily. There are several exemptions to the requirement under data protection law for employers to provide employees with a copy of their personal data. However, these must be considered carefully and on a case by case basis.

Cybercrime – do your terms and conditions protect you?

July 29, 2019

Automatic push payment fraud is a growing problem where fraudsters deceive an individual or business to instruct their payment services provider, such as their bank, to send money to an account controlled by the fraudster. An increasingly common example is when a fraudster intercepts or replicates a genuine business email and instead inserts their own bank details.

Is #Brexit all Boris has to contend with right now?!

July 26, 2019

The country’s divorce from Europe has shone a light on the complexities which can arise on the breakdown of a relationship. My advice, as a family lawyer, is to say plan for the worst and hope for the best!

A Sage Warning on the Consequences of Defective Service

July 26, 2019

The Court of Appeal have recently ruled in Woodward & Anor v Phoenix Healthcare Distribution Ltd that the Defendant’s solicitors were under no duty to flag a mistake to the Claimant’s solicitors.  Although this case appears at first blush to concern a fairly narrow point, it could well have wider implications.

A recent case in the law of proprietary estoppel

July 24, 2019

The law of proprietary estoppel remains a difficult are area of law, which continues to develop many years after it first evolved after the Second World War.

Does your business have permission to use its outdoor space?

July 23, 2019

If your business is thinking of making use of its outdoor space, here are some top tips to consider before placing any furniture outside:

Penalty or no penalty? Protecting parties to commercial contracts

July 20, 2019

In the footballing world the introduction of VAR (Video Assistant Referee) has caused hot debate, even more so in the UK given its imminent introduction to the Premier League.

Court fee remission – a worthy exercise

July 19, 2019

Court fees can be a significant hurdle to commencing litigation, with fees up to £10,000 being required to even issue a claim. There is currently no appetite for abolishing these fees and they are only set to rise in the future.

Probate – What do I do?

July 18, 2019

When a loved one passes away it can be an upsetting and stressful time. Many people are not sure what steps they need to take or what procedures or legal rules they need to follow particularly if they are named as executor in the will or if a will cannot be found and an intestacy situation arises.

Sopra Steria Appointments – Top Ten Tips

July 17, 2019

Earlier this year applications for visas made from within the UK moved on-line. After you’ve submitted your application you’ll be directed to make an appointment with Sopra Steria to enrol your biometric information.

Court of Appeal in personal injury fraud crackdown

July 16, 2019

A recent Court of Appeal decision (Zurich Insurance v Romaine 2019) indicates a crackdown on personal injury fraud says Kelvin Farmaner, Partner with Trethowans Solicitors in Southampton.

Role of a Personal Representative

July 16, 2019

When a person dies, someone will need to deal with their affairs and administer their estate. That role is entrusted to a personal representative (more commonly referred to as an executor if the deceased left a valid Will).

New discount rate – what it means for Claimants in personal injury cases

July 15, 2019

The Lord Chancellor has today announced the new discount rate will be minus 0.25%, effective from 5 August 2019.

Pensions on divorce: a guide

July 15, 2019

The Report from the Pension Advisory Group

Promotions at growing law firm Trethowans

July 13, 2019

Trethowans has unveiled a string of promotions as it continues to develop its award-winning legal team.

Joe Glover Trust selected as charity of the year

July 12, 2019

The Joe Glover Trust has been selected as Trethowans’ charity of the year for its Southampton and Winchester offices.

“Same roof” rule for domestic abuse victims abolished

July 10, 2019

A woman who was sexually abused for many years by her step-father won a landmark case in 2018 which overturned a rule, whereby victims who lived in the same home as their attacker could not claim compensation.

Southern Spinal Injuries Trust selected as charity of the year

July 9, 2019

The Southern Spinal Injuries Trust has been selected as Trethowans charity of the year for the Salisbury office.

Trethowans shows its support for military personnel by sponsoring forthcoming Armed Forces Day event in Salisbury

June 26, 2019

Trethowans is showing its support for servicemen and women across the region by sponsoring Salisbury’s forthcoming Armed Forces Day event.

Hope for Food selected as charity of the year

June 26, 2019

Hope for Food has been selected as Trethowans’ charity of the year in Bournemouth and Poole.

Home sellers beware: 6 traps to avoid – so choose your conveyancer carefully

June 21, 2019

“But I’m just selling; the buyer takes the risks with everything, right?” Wrong. If you are selling a house or flat, there are so many things a buyer can challenger you over, even after you have sold, and so you need to make sure you have the best conveyancer on your side, to guide you and shield you from that happening.

Making Gifts out of Surplus Income

June 21, 2019

If you have assets worth in excess of the Inheritance Tax allowance (currently £325,000) your estate will be liable to tax following your death at a rate of 40% on the value of your assets over the allowance (unless you leave your assets to an exempt person or body, such as your spouse or a charity).

Compensation in Divorce – What is it and can I get it?

June 20, 2019

The question of whether compensation can be sought in divorce proceedings is a question our family solicitors are often asked by clients.

Can you make a clinical negligence claim in cases of delayed surgery?

June 17, 2019

Is it possible to bring a claim for damages for clinical negligence if your surgery has been delayed and if, when it eventually occurs, you suffer a chance complication during that surgery which causes you to suffer serious injury?

Leaving Gifts to Charity in Your Will

June 15, 2019

Gifts in Wills are incredibly important to UK charities, currently amounting to 13% of all charitable donations (approximately £2 billon per year).

Tedworth House Recovery Centre – Home of Help for Heroes Support Hub

June 14, 2019

Tedworth House is a recovery centre in the South of England. It is also the home of Help for Heroes Support Hub.

Asbestos Still A Big Problem In Schools

June 13, 2019

According to the National Education Union (NEU), more than 200 teachers in the UK have died from mesothelioma since 2001.

The Potential Complications of Flat Ownership

June 11, 2019

Owning flats brings complications that are not found with other properties, some of which will be addressed in this article.

Abuse at Whorlton Hall – Time for Substantive Change?

June 5, 2019

Eight years after the BBC’s Panorama programme exposed the shocking abuse of vulnerable adults at the Winterbourne View private hospital run by Castlebeck (Care) (Teesdale) Limited, Panorama has again highlighted similar catastrophic failings in caring for vulnerable adults, this time at the Whorlton Hall private hospital in County Durham.

Common Misconceptions Private Client Solicitors Often Hear

June 5, 2019

Our private client solicitors constantly hear misconceptions regarding personal legal matters like Wills and Lasting Powers of Attorney.

GP Closures and What They mean for The Future of Primary Care

June 2, 2019

Pulse draws attention to the 583 GP Practice closures over the period between 2013 and 2018, highlighting the considerable challenges faced by primary care.

Trethowans named law firm of the year

May 29, 2019

Trethowans has been named as Law Firm of the Year at the Solent Deals Awards 2019.

Civil partnership vs marriage – the right to choose

May 21, 2019

Following the recent announcement for divorce law reform in England and Wales, development with the law on civil partnerships also comes under the relationship spotlight.

Corporate Mediation achieves 89% success rate in 2018/2019

May 21, 2019

Mediation continues to be a strong option to resolve corporate disputes, with the Centre for Effective Dispute Resolution reporting an 89% success rate in its recent 2018/2019 survey.

Their rights and your obligations under the GDPR

May 20, 2019

The General Data Protection Regulation (GDPR) provides individuals with certain rights when a business processes their personal data. Personal data includes information relating to natural persons who can be identified or who are identifiable, directly from the information in question or who can be indirectly identified from that information in combination with other information.

Experts come together to share divorce advice in Salisbury

May 17, 2019

Free, hands-on support is being offered to Salisbury families going through divorce or separation on June 13 at the Mercure White Hart Hotel.

Trethowans helps fellow business leaders live football dream

May 16, 2019

Members of Bournemouth’s business community swapped their suits for sports kit on Wednesday (May 15) as they took part in AFC Business’s Play on the Pitch Tournament.

Government Takes Steps to Widen Bereavement Damages in Fatal Injury Claims

May 15, 2019

This week the government have announced plans to increase the categories of people who can claim statutory bereavement damages in fatal injury claims.

Terms and conditions – win the battle

May 13, 2019

We invest our time and money perfecting terms and conditions to suit our business needs, but many then unknowingly accept their counterpart’s terms through a “battle of forms”. So how can you win the battle?

Trethowans kicks off Cherries partnership

May 8, 2019

Trethowans has become an official partner of AFC Bournemouth’s Community Sports Trust (CST).

Trethowans appoints specialist solicitor Guy Morgan as partner in Salisbury

May 1, 2019

Leading regional law firm, Trethowans, has appointed a new Partner in their Salisbury office, in the form of Guy Morgan.

Compensation lottery for bereaved families

April 29, 2019

The Northern Ireland Department of Justice has announced that it will increase the amount of statutory bereavement damages from £14,200 to £15,100 on 1 May 2019.

Accidents Abroad and Brexit Wrangles

April 28, 2019

At the time of writing it is still not clear whether the UK will leave the EU on 29 March, 12 April, 22 May, or indeed at all. Bearing in mind that Article 50 of the Treaty on European Union was triggered 2 years ago, it is perhaps surprising that with a week to go such uncertainty remains.

Dividing Company Assets on Divorce: Rolling in the Deep or Water under the Bridge?

April 24, 2019

Emilie Holland, family solicitor, reviews the approach, court orders available and top tips for parties when dealing with a divorce involving company assets.

Bournemouth’s high street is changing, says property expert

April 23, 2019

The high street isn’t dying – it’s changing. That’s the message from commercial property lawyers at Trethowans Solicitors in Bournemouth, who say shopping districts across the country are starting to adapt to new consumer habits.

Triple award nominations for leading South Coast law firm

April 18, 2019

Trethowans has been named one of the best law firms in the South Coast, after being shortlisted in three categories at the Solent Deals Awards.

Grandparents’ Rights

April 18, 2019

It is estimated that 1/3rd of adults aged over 50 are grandparents and there are 14 million grandparents in the UK.

Do I now need to plan for my probate fees?

April 15, 2019

Currently, the cost of obtaining probate is relatively nominal – it costs the deceased’s estate £155 for a professional application or £215 for a personal application – but now probate fees are planned to rocket to eye watering levels.

How do you know if a Will is valid? Here are some handy tips on ‘Disputed Wills’

April 14, 2019

Andrew Carswell is a partner specialising in Commercial Litigation and in particular Contentious Probate and Trust disputes. He provides an overview of some of the situations he encounters where families disagree over the Wills.

Are video hearings the future?

April 13, 2019

The first complete video hearing has taken place in the County Court. Could they become a regular occurrence in the future?

Daga v Bangur: The discretionary trust that successfully deflected a husband’s claim for a lump sum to meet his needs

April 12, 2019

An unusual example of the court’s approach to family wealth held in trust.

Confidence drives Trethowans’ recruitment push

April 11, 2019

Trethowans has offered permanent jobs to all of its current second year trainees qualifying in September 2019 as it works to create the next generation of legal experts.

The rise of vehicle autonomy in the UK: implications for road traffic accidents

April 11, 2019

Specialist Personal Injury solicitor at Trethowans, James Braund, explores the implications of the increasing shift towards autonomous vehicles in the UK.

No Fault Divorce – Reform is finally on its way

April 10, 2019

Divorce laws in England and Wales will at long last be reformed to simplify the process and hopefully reduce hostility between separating spouses.

Expanding the mesothelioma payment scheme

April 3, 2019

Implemented five years ago, the scheme currently only provides compensation for individuals with mesothelioma; this letter argues that the same help should also be extended to those living with other asbestos related diseases, such as asbestosis or pleural thickening.

South based family lawyer picks up prestigious UK award

April 2, 2019

Salisbury-based paralegal and Family Law specialist at Trethowans, Dawn Gore, has been honoured with a national legal award.

Health & Safety Executive Reveals the Latest UK Asbestos Statistics

March 29, 2019

John Hall, specialist asbestos solicitor at Trethowans, looks at the latest figures from the Health & Safety Executive – what can we learn?

Copley v Lawn – Revisited

March 28, 2019

For a self-insuring company or, an insurer whose driver has been involved in a road traffic accident, there are a number of things which need to be established quickly.

New senior appointment to meet demand for private client services in Salisbury

March 26, 2019

Experienced private client solicitor, Chris Pemberton, has been appointed as a Partner by leading regional law firm in Salisbury, Trethowans.

Experts come together to share divorce advice in Poole

March 25, 2019

Free, hands-on support is being offered to Dorset families going through divorce or separation.

When sorry seems to be the hardest word

March 25, 2019

Laura Rowe, specialist Clinical Negligence solicitor, reviews the first case in which an NHS Trust was fined for not apologising to a family in good time.

Trethowans joins Bournemouth Pavilion for 90th anniversary celebrations

March 20, 2019

Trethowans turned back the clock to the golden age of cinema last night as it joined Bournemouth Pavilion for its 90th anniversary celebrations.

Insurers backed by Court in Supreme Court Case

March 20, 2019

Bournemouth-based Insurance company LV= have recently been backed by the Supreme Court over when an unknown Defendant can be sued.

Workers need great places to work, not Ghost Towns

March 19, 2019

As well as offering attractive premises to work from, employers need to help their local town or city to be an attractive place to live and work in.

Trethowans turns back the clock for theatre celebrations

March 18, 2019

Trethowans is going back in time tommorow in support of Bournemouth Pavilion.

The Supreme Court Refuses Personal Injury Claim Against Unnamed Driver

March 15, 2019

James Braund, Personal Injury Solicitor, considers recent developments in personal injury claims against untraced drivers in Road Traffic Accidents.

The Personal Injury Discount Rate Review

March 13, 2019

James Braund, Personal Injury and Clinical Negligence Senior Associate Solicitor, considers the ongoing review of the personal injury discount rate.

Waiting Times at A&E – How long is too long?

March 11, 2019

Most of us will have had the misfortune of visiting a Hospital A&E department at some point in our lives, but waiting how long is too long for treatment?

What’s in a name?

March 7, 2019

It is a legal requirement that a child’s birth is registered within 42 days of his birth. You may well have already decided on your child’s first name before his birth, but what about surname and what if you subsequently want to change it?

Right to Rent checks – are they discriminatory?

March 6, 2019

The High Court certainly thinks so and said as much in a robust judgement last week.

Trethowans honoured at Dorset Legal Awards

March 4, 2019

Law firm Trethowans has added to its growing trophy cabinet after winning two awards at the Dorset Legal Awards last week.

Criminal Records Checks Trumped by Human Rights

February 28, 2019

Employers should be aware when they receive an Enhanced DBS check they may be given extremely sensitive information which shouldn’t have been released and which they shouldn’t use.

Court favours asbestos ‘overalls case’ claim for the first time

February 27, 2019

A Claimant was finally successful in running an ‘overalls case’ argument in the High Court, in the recently decided case, Carey -v- Vauxhall Motors Limited.

Right to Work Checks for EU Citizens – Common Sense Prevails

February 27, 2019

Employers are asking me if they’ll have to start making right to work checks for EU citizens after 29 March.

Did you know your conveyancer will want to see your original ID documents?

February 25, 2019

An increasing trend is for people to volunteer up photocopies, or a print-out of bank statements, or even email them to conveyancers. Sometimes with the commentary that ‘we bank/our utilities are all online, so we can only print off statements/bills’.

When it comes to ‘our‘ children, what does the terminology mean during separation?

February 25, 2019

Dawn Gore, a family law Paralegal here at Trethowans with over 30 years experience answers your questions on the terminology used whilst separating or post separation.

Deal or No Deal? Brexit and Accidents Abroad

February 6, 2019

How could Brexit affect how UK citizens handle accidents and injuries abroad? Experienced insurance solicitor, Kelvin Farmaner, explores the possibilities.

Trethowans takes another strong step to address gender balance

January 28, 2019

Trethowans has announced a trio of new female partners as it continues to tip the national trend when it comes to women in senior roles.

Good News for EU citizens in the UK

January 25, 2019

This has been a good week for EU citizens living in the UK and concerned about the quality of their welcome.

What is family mediation?

January 21, 2019

This week is National Family Mediation Week, raising awareness of mediation as a way to resolve family disputes without the need for court action.

Fresh eggs for breakfast? Don’t count your chickens until you’ve checked your deeds

January 18, 2019

You may think as you own your home you have the right to make alterations to the outside, to park a caravan or commercial vehicle, to work from home or even to keep chickens, but you could become liable for legal action if your deeds state otherwise.

Would Kim and Kanye be the legal parents of their surrogate baby if they lived in the UK?

January 16, 2019

As Kim Kardashian and Kanye West announce they are to have their 4th child, via a surrogate mother, social media has gone into a frenzy with well wishers congratulating the couple.

Calls for tougher measures to tackle late payment culture

January 15, 2019

A recent report by the Business, Energy and Industrial Strategy Committee (“BEISC”) has recommended that the Government introduce, amongst other things, a statutory requirement that companies pay their supplier’s invoices within 30 days.

Where is your Will now?

January 14, 2019

If you made a Will or an Enduring Power of Attorney (EPA) with David Davies solicitors in Salisbury, there is a chance that we are now holding this for you.

Trethowans is listed in Headway’s Head Injury Solicitors Directory

January 11, 2019

Trethowans has been listed in the 2019 edition of Headway’s Head Injury Solicitors Directory.

Single parents can now apply for a parental order but depending on your circumstances you might need to act quickly

January 10, 2019

From 3 January 2019, single parents who have had a child born through surrogacy are able to apply for a parental order in the UK, finally providing them with legal parent status.

New Beginnings

January 4, 2019

Facing a breakdown in your relationship is a daunting prospect and is likely to impact all areas of life including your home, finances, children and the wider family.

Planning a Family Holiday?

January 3, 2019

With the excitement (and stresses) of Christmas over, we start to look forward to the lighter evenings and warmer days of summer. This is the time when we also start thinking about booking a holiday.

Brexit & Immigration for HR Professionals

January 2, 2019

On what basis will the UK leave the EU? How will the UK’s departure affect the remainder of the EU?

Trethowans law firm named among best in the region

December 5, 2018

Law firm Trethowans has been named as one of the best in Dorset, after being shortlisted in the Dorset Legal Awards.

Solicitors organise evening of fun in aid of Spinal Injuries Charity

December 4, 2018

Trethowans has raised £5,000 for the Spinal Injuries Association (SIA) through its annual fundraising dinner.

Trethowans sponsor Bournemouth’s Santa’s Grotto

December 4, 2018

Leading law firm Trethowans got in to the Christmas spirit early, with a drinks party marking the opening of the glittering Christmas Market which runs until Christmas Eve.

National awareness raising week – Long term goals and aims

November 30, 2018

Our mini-series this week has focused on the arrangements you make in respect to your children on separation and what external support or advice you may need.

Significant business growth prompts law firm to invest in innovative software

November 29, 2018

Law firm Trethowans is revolutionising the way it stores and uses client and case information as part of a major IT upgrade that is taking place over the next few years.

National awareness raising week – Improving handover communication

November 29, 2018

We mentioned previously about the desire to avoid using handover to communicate about any issues.

National awareness raising week – Supporting children through separation

November 28, 2018

If you have decided with certainty that you are going to separate you need to plan how to tell the children and support them generally.

National awareness raising week – Choosing the right process

November 27, 2018

There are a number of different processes you could consider to resolve areas in dispute.

Trethowans bucks national gender trend

November 26, 2018

As the issue of gender imbalance in the workplace continues to create headlines, one law firm is bucking the trend.

National awareness raising week – Identifying your aims and goals in the short term

November 26, 2018

Resolution’s members are family lawyers and other professionals committed to the constructive resolution of family disputes.

Christmas Contact

November 23, 2018

As the festive season approaches, we start to turn our minds to the arrangements for Christmas Day.

Summer Holidays and Flight Delay claims

November 19, 2018

An article by Louise Boyle, Head of Debt Recovery at Trethowans, on advice about getting compensation back from delayed or cancelled flights as part of the Dispute Resolution Briefing autumn edition.

Residential possession claims – a cautionary tale

November 16, 2018

The Dispute Resolution Briefing is made up of different articles on the challenges when facing certain disputes in everyday life. Here, Linden Talbot describes a landlord and tenant scenario.

Can I Skype the Judge?

November 16, 2018

As part of the Dispute Resolution Briefing Autumn edition, Kelvin Farmaner looks at how cases in the court room could one day be a thing of the past.

Cohabitation law –The present position

November 16, 2018

Part of the Dispute Resolution Briefing Autumn edition, various Trethowans contributors have come together to provide insight into their specialist areas of Resolution.

A gaslighter in divorce: extinguishing the self-doubt and questioning

November 16, 2018

Emilie Holland and Nikki Emerton from BeU look at how to deal with a psychologically manipulative partner in separation or divorce.

Trethowans receives industry accolade as it continues to expand

November 14, 2018

Law firm Trethowans has received an impressive 43 mentions in one of the UK’s top legal directories.

Trethowans raises the curtain on community theatre partnership

November 6, 2018

Law firm Trethowans has raised the curtain on a new partnership with Bournemouth Pavilion.

Contemplating separation? Think of the children!

October 31, 2018

Article written by Amy Trench for Forum Publications. Amy answers some questions specifically about the impact on children when parents separate and/or divorce.

Legal 500 Recognition

October 30, 2018

The Family Team at Trethowans has again been acknowledged across the South of England for its expertise in dealing with complex high net worth financial provision; intricate private children cases as well as advising on surrogacy and fertility.

Divorce – The Reality

October 29, 2018

Tabloid headlines recently declared that TV personality Ant McPartlin’s infidelity was so intolerable that his wife could not continue to live with him and their marriage was dissolved in a matter of minutes.

No Fault Divorce

September 20, 2018

Earlier this month Justice Secretary David Gauke announced the Government’s intention to launch a consultation on the introduction of “no-fault” divorce after a sustained campaign from Resolution (whose membership comprises family lawyers and other professionals committed to the constructive resolution of family disputes in a non confrontational environment) and, in light of the high profile…

Challenges encountered with Cryptocurrencies in divorce settlements

August 28, 2018

It is fair to say that reaching a financial settlement in divorce cases can be a challenging journey for the parties involved. Regardless of which process the parties wish to embark on, most cases start with basic disclosure.

Trethowans Calls For Speed-Up In Law

August 8, 2018

Solicitors at Trethowans have backed calls to speed up legislation that will stop domestic abuse victims having to face their abusers in court.

Common Law Spouses

August 3, 2018

All too frequently we hear that phrase “common law spouse”. What many people do not appreciate is that legally, there is no such thing. The only way you will be considered a spouse, and therefore have full financial claims against the other on divorce, is to be legally married to or in a civil partnership with that person.

Grandparents’ Rights

August 2, 2018

A question that family lawyers are often asked is what rights do grandparents have to see their grandchildren?

High profile divorce case prompts calls for changes to the law

July 30, 2018

The Supreme Court has this week rejected an appeal by a woman who wants to divorce her husband of 40 years because she says their marriage is unhappy.

Mrs Owens Refused Divorce

July 30, 2018

In order to secure a Decree of divorce, the party issuing the Petition (“the Petitioner”) must satisfy the Court that the marriage has irretrievably broken down. To do so, the Petition must be based on one of five facts which are defined in legislation brought into effect 45 years ago.

Trethowans Sponsors Chalke Valley History Festival

July 10, 2018

The Chalke Valley History Festival, now in its eighth year, has proved to be yet another successful event.

Solent business Growth Summit 2018

July 6, 2018

Secrets of Jo’s sweet success

Family lawyers put best foot forwards for hospice

June 21, 2018

Ten members of our Family team recently raised more than £2,500 for charity by pulling on their walking boots and putting in a marathon fundraising effort.

Trethowans acts on the sale of Armstrongs Builders Merchants

June 20, 2018

The Corporate Team at Trethowans has acted on the sale of Armstrongs Builders Merchants to Anglesey based builders merchants, Huws Gray.

Trethowans Solicitors acts on the sale of Sealock Limited

June 5, 2018

The Corporate Team at Trethowans has acted for the shareholders of Sealock Limited on their disposal of the entire issued share capital to Follmann Chemie GMBH, a German based company.

Proud sponsors of Salisbury Cathedral School Junior Entrepreneurs

May 29, 2018

Trethowans Solicitors acts for Golden Wolf on minority stake

May 18, 2018

Trethowans Solicitors acts for Golden Wolf on minority stake taken by New York based creative studio, Psyop.

Prince Harry Chooses Not To Say “I Do” To A Pre-Nup

May 17, 2018

It has been many years since a wedding has garnered as much attention as the impending nuptials of Prince Harry and Meghan Markle. In light of the high profile nature of this union, and Harry’s parents’ own acrimonious divorce, it may come as a surprise to many that the Prince is rumoured to have declined to enter into a Prenuptial Agreement.

Do the Contributions of a ‘Genius’ Impact on a Divorce Settlement?

May 5, 2018

What if one party to the marriage has made a stellar or special contribution? Can that party argue that their ‘genius’ should result in an unequal sharing of the family wealth during separation, particularly if such wealth results from his / her endeavours?

It’s All Relative: Spousal Maintenance

April 23, 2018

The issue of spousal maintenance is something which is divisive and cases such as Mrs Waggott’s this feed both the tabloids and the broadsheets. This includes the now ever familiar headlines of “Meal ticket for life backfire” (The Telegraph) and “£10M divorce pay-out wasn’t enough” (The Sun). With emotive headlines and eye watering sums of money involved it can sometimes be difficult to get…

Divorcing Couples Urged To Consider Court Orders For Financial Settlements

April 20, 2018

Experts from leading law firm Trethowans are emphasising the importance of dismissing financial remedy claims with a court order within divorce proceedings.

Trethowans sponsor Badbury Rings Point to Point

April 17, 2018

Trethowans were delighted to sponsor the Badbury Rings Point to Point on 8 April.

Trethowans celebrate the leading self-catering accommodation providers in Dorset

April 11, 2018

Trethowans Solicitors revealed the winners of their sponsored category the ‘Self-catering Accommodation Award’ at the 2018 BAPTA Ball Awards Ceremony. Winners of the brand new category for 2018 were Burnbake Forest Lodges based in Wareham.

Late payment problems

April 4, 2018

Failing to receive payment on time can be a real issue for any business as it affects cash flow, business development and the general growth of the company in question.

Fundamental Dishonesty in Personal Injury Claims

April 3, 2018

A 2018 High Court decision provides a useful clarification as to when a dishonest Claimant’s personal injury claim will be dismissed in its entirety, even if parts of the claim were valid. This is likely to mean a more robust stance can be taken by many insurers or others facing such claims when fraud is suspected.

Why exchanging contracts can take your conveyancer all day

March 23, 2018

Why exchanging contracts can take your conveyancer all day, if not two days.

Separation and Presumption of Involvement

February 26, 2018

In the sad and unfortunate event that parents separate, they have a duty and responsibility to their children to ensure that they are able to maintain a meaningful relationship with both of them.

The Good Work Plan

February 7, 2018

In the wee small hours of this morning I was pottering up the A303 to Basingstoke (sunrise over the Festival Centre is well worth seeing) and heard the Secretary of State for Business, Energy and Industrial Strategy extolling his departments “Good Work Plan”. It sounded impressive but I found myself wondering about its substance so I looked it up. It turns out the plan is in fact a 5 page press…

Lasting Power of Attorney

February 5, 2018

Have you made a Lasting Power of Attorney which was registered with the Office of the Public Guardian in the last 5 years? If so, you may be owed some money.

A Family Lawyers Guide to a Good Relationship

February 3, 2018

So what factors does Cupid need to take on board when considering what is likely to make a long and lasting relationship. One which will stand the test of time? With February comes Valentines Day, considered to be “the most romantic day of the year”, having its origins in a Roman festival where Cupid the god of desire and son of Venus the goddess of love would match and pair off couples with a…

New Beginnings

January 29, 2018

Family Law Partners, Emma Wilders-Pratt and Juliet Mayhew recently held a fabulous New Beginnings Workshop for those who are contemplating separation.

Karl marks first of many key appointments in 2018

January 29, 2018

Law firm Trethowans has kicked off the new year with a senior appointment at its Southampton office.

Trethowans announces Bournemouth Office Expansion

January 22, 2018

Trethowans has announced its expansion into Bournemouth with the opening of a new office in early 2018.

Prohibition of surcharges

January 19, 2018

New rules, which came into effect on 13 January 2018, prohibit traders from applying a surcharge on consumers, in addition to the advertised price of the goods or services in question, on the basis of a consumer’s choice of payment method.

Trethowans rounds off 2017 with new partner

January 10, 2018

Trethowans has rounded off a record-breaking year with the appointment of another partner.

Myth Busting Guide for Co-habiting Couples

December 1, 2017

Cohabiting couples have become the fastest growing family type in the UK but a new survey has revealed that two thirds of cohabiting couples wrongly believe common law marriage laws exist when dividing up finances. The survey, by Resolution, found many people thought they would be entitled to money if they split up when, in reality, they wouldn’t be.

Stamp Duty abolished for First Time ‘Buyers’ – is it really that simple?

December 1, 2017

As of 22 November 2017, certain individuals who buy a residential property in England, Wales and Northern Ireland, at a price up to £300,000 can claim a complete exemption from stamp duty, and a flat rate of 5% stamp duty on the portion from £300,001 to £500,000.

There is no such thing as a ‘Common Law Marriage’

November 30, 2017

A 2017 Resolution survey of family lawyers revealed that 89% of those surveyed found that when advising unmarried couples they were surprised to learn they have no legal rights. Regularly people reference “but I’m his common law wife” or “but we have been together for over 10 years and so he is as good as my husband”. There is no such thing as a common law husband or wife. It is a myth that has…

Will your home move coast dangerously into the Christmas break?

November 30, 2017

Typically from the 1st of December there is the annual danger that the professional foot is distracted by the forthcoming Christmas break, and is removed from the home moving accelerator – leading to a slow coast into a Christmas break.

Social care compliance scheme

November 24, 2017

The scheme was launched on 1 November to address the challenge facing the care sector following the EAT’s ruling about working time and sleep-overs. Links to my previous pieces on this topic are here:

Trethowans guide on how to have the best Christmas office party ever

November 23, 2017

Trethowans have released an eight-point guide to having the best-ever Christmas office party.

Night of magic and prizes raise thousands for charity

November 22, 2017

A night of fun hosted by Trethowans has helped to raise more than £4,700 for charity.

Law firm gears up for Christmas with festive good deed

November 20, 2017

Trethowans is starting the season of goodwill early, with a £1,000 pre-Christmas boost for local nominated charity, Naomi House & Jacksplace.

Family team acknowledged in industry guides

November 20, 2017

Last month The Lawyer acknowledged that Trethowans was the fastest growing Legal Firm in the UK with a turnover of £24m. Its net profit was up 27.2% with the Firm only one of three Firms in the UK 200 to produce turnover growth of 20% or more.

Trust your staff to succeed, maverick entrepreneur tells business summit

November 15, 2017

Empowering and trusting staff is the way to run a successful business, maverick entrepreneur Sir John Timpson told the South’s business leaders at the Solent Business Growth Summit 2017.

Cheap estate agent fees could cost you your project manager

November 14, 2017

Until recently, selling a house could be a costly affair with estate agent fees being as high as 3% plus VAT, maybe higher.

Trethowans features heavily in legal rankings

November 2, 2017

A swathe of lawyers from regional law firm Trethowans have been ranked as among the best in the UK today (November 2).

Alice in Wonderland dinner raises £4,000 for children with brain injuries

November 1, 2017

Trethowans has raised more than £4,000 for The Child Brain Injury Trust.

Men just as much at risk from sexual harassment

October 26, 2017

With the issue of sexual harassment at the forefront of the national agenda in recent weeks a Southampton lawyer is warning that it’s not just women who are at risk.

A Snapshot of Indirect Discrimination

October 20, 2017

Yesterday the CJEU said the Greek government indirectly discriminated against women by imposing a minimum height requirement on applicants to the annual competition for places at it’s police and firefighting academies. The minimum height requirement was 1.70 metres without shoes. The case is worth looking at because it’s a good example of the law against indirect discrimination in…

Business maverick set for growth summit

October 19, 2017

Maverick entrepreneur Sir John Timpson will be offering insights into his unique management style to the South’s business leaders at the Solent Business Growth Summit 2017.

Trethowans reinforces its credentials with industry accolades

October 16, 2017

Trethowans has reinforced its credentials as one of the best in the region, with a string of commendations in the latest edition of the Legal 500.

Regional law firm tops industry growth report

October 13, 2017

Regional law firm Trethowans has been named as the fastest-growing legal firm in the UK for firms with a turnover up to £24m.

The Relationship Agreement

October 12, 2017

The ‘Relationship Agreement’. A term many of us have become aware of since its introduction in popular American sitcom The Big Bang Theory. The relationship between two lead characters, Sheldon Cooper and Amy Farrah Fowler ‘Shamy’, is quirky and rigorously defined. The relationship agreement serves a comedy purpose following the awkward relationship of the two as they dip their toe into the world…

Trethowans Backed Awards Launches Regional Stars

October 11, 2017

Seven out of ten 2017 winners from the Trethowans backed The News Business Excellence Awards have gone on to win at the regional awards held in Brighton earlier this month.

A chink of light for a conciliatory divorce

September 25, 2017

As a committed member of resolution my colleagues and I strive to adopt a conciliatory approach where possible and ensure our cases are dealt with as painlessly as possible. We work hard to help our clients leave the marriage with their dignity intact and feeling that they have retained control of the process and developed a positive post separation parenting relationship with their former…

Should you use Mediation to resolve your dispute?

September 15, 2017

At Trethowans, whilst we accept that mediation may not be right for everyone, it has many benefits and should always be considered as a way to solve family disputes without going to court.

EU Workers & Post-Brexit Immigration Policy

September 8, 2017

On Tuesday The Guardian newspaper published what appears to be a leaked Home Office paper on the UK’s immigration policy after we leaves the EU. It’s only a draft document but it has the look and feel of something more substantial than a discussion paper. It seems a reasonable guide to current Home Office thinking and a significant nudge and wink on the way in which policy is developing.

A letter to a young person: What’s in the best interests of a child’s welfare?

September 4, 2017

Whenever a Court has to determine the arrangements for a child, the child’s welfare is the Court’s paramount consideration. In assessing what is in the best interests of a child’s welfare, the Court must have regard to a list of factors set out in Schedule 1(3) of The Children Act 1989.

New Pre-Action Protocol for Debt Claims

August 31, 2017

Creditors and debtors will need to get ready for the changes following the implementation of the new Pre-Action Protocol for debt claims which will come into force on 1 October 2017.

The Corporate Machine

August 30, 2017

Collaboration lies at the heart of any corporate deal, requiring multiple teams and advisors, both internally and externally, to work together to achieve the client’s aims.

Claim thrown out in spooked racehorse case

August 29, 2017

In a recent appeal decision the High Court has thrown out a case on appeal brought under the sometimes controversial Animals Act legislation. In the case of David Lynch v Ed Walker Racing Ltd 2017, David Lynch (L) had been a stable boy employed by Ed Walker Racing Ltd (E).  He had been riding a 2 year old colt in a string of 9 racehorses along a track beside a road.  To the left of the string was…

A positive health and safety culture – the key to success

August 24, 2017

Businesses have a legal and moral responsibility for the health and safety of their staff. As well as having good health and safety policies and procedures in place and also safe equipment, another essential element to ensuring staff remain safe at work is a positive safety culture within the business.

The Unreasonableness of Owens v Owens and the Need for Reform

August 21, 2017

As it currently stands, there is only one ground on which a Petition for divorce may be presented to the Court by either party to the marriage and that is that the marriage has broken down irretrievably.

Sleep-ins, the National Minimum Wage & the social care sector

August 21, 2017

In May I wrote about an important decision of the EAT concerning working time, sleep-ins and the minimum wage. The decision could have profound implications for anyone employing staff to provide a 24 hour service and especially for social care providers. Please click here to read my previous piece.

The Minimum Income Requirement

August 18, 2017

Before July 2012 the Immigration Rules required that non-EEA family members joining their relatives in this country be able to maintain and accommodate themselves and any dependents. The test was to do so adequately without recourse to public funds.

Undue influence – modern areas of impact

August 17, 2017

The legal concept of Undue Influence has been with us for many years. Although distinct from its older cousin “Duress”, its principles are similar. The central question when dealing with this subject is how does the law allow individuals the freedom to make contracts, give money or property and make Wills, but protect them from others who seek to persuade or influence, or even…

Parental Responsibility

August 1, 2017

Parental Responsibility is defined in Section 3(1) of the Children Act 1989 as all the rights, duties, powers, responsibilities and authority that a parent has in relation to their child and their property. A person with parental responsibility is entitled to make decisions with reference to a child’s welfare and in particular, as to issues concerning their health, education and religious…

The Supreme Court’s Ruling – Employment Tribunal Fees

July 27, 2017

The Supreme Court’s ruling that the present Employment Tribunal fee structure is unlawful follows a long and painful battle between Unison and the Government. This will undoubtedly be received well by some; seen as a victory for employees and the workers’ rights to justice. However, others (employers, businesses) may see this as a step backwards and a reason to be concerned. But, what…

The Taylor Review of Modern Working Practices

July 21, 2017

I didn’t write about the Taylor report last week because I wanted to digest it first – and I was walking on the Pembrokeshire Coastal Path! West Wales in the sun is glorious, I recommend it – but back to Taylor…

Dorset firms team up to secure global energy acquisition

July 19, 2017

Companies before courts for corporate manslaughter offences

July 13, 2017

Three companies before the courts for corporate manslaughter offences

Responding to subject access requests

July 13, 2017

Information Commissioner’s Office revises code of practice to help businesses responding to subject access requests involving disproportional effort

£10,500 ICO fine for Morrisons Breach of E-Privacy rules

July 12, 2017

Ignoring customers’ express instruction to opt-out of marketing e-mails costs Morrisons £10,500

Preparing for the General Data Protection Regulation

July 12, 2017

Preparing for the General Data Protection Regulation – the latest from the Information Commissioner’s Office

Are you contemplating a Divorce?

July 10, 2017

Partner and family solicitor Juliet Mayhew has put together 10 key points to offer guidance to anyone thinking about divorce.

Best Working Practices in the Modern Workplace

July 7, 2017

In the last 6 months I’ve dealt with 3 cases involving the National Minimum Wage. I’ve also come across a complicated annualised hours contract with a retrospective overtime clause which was clearly a thinly veiled attempt to evade the Living Wage. The significance is that I only saw 1 minimum wage case in the preceding 6 years. I’ve also had several conversations with employers…

Safeguarding the position of EU citizens

June 29, 2017

The future of EU citizens in the UK is a political hot potato. The current Brexit talks mean that the UK and EU need to negotiate a clear set of rules. The UK Government has declared its policy first, in a statement about EU citizens in the UK after Brexit. There is a lot of water to flow under the bridge yet before there is an agreement, but we do at least now have something to consider.

PSC Registers Update

June 29, 2017

For a little over a year now most companies and LLPs have been obliged to maintain a PSC register of those people who own or have “significant control” over the company/LLP. Within the PSC register you are required to highlight all individuals and relevant legal entities who have significant control and who are ‘registrable’.

Trethowans unveils string of promotions

June 22, 2017

Trethowans has unveiled the promotion of three Southampton solicitors, two of which are from its growing private client team.

What happens if allegations of alcohol or substance abuse are made in children proceedings?

June 22, 2017

It is not uncommon for allegations of drug or alcohol abuse to be made by one parent against the other in contested Court proceedings with reference to the arrangements for their children. Often it is the parent with whom the child lives that makes the allegation and sometimes this is in the hope or belief that the other parent will no longer be able to play a part in their child’s life.

Liability For Unnamed Drivers

June 21, 2017

In the case of Cameron v Hussain and LV 2017 the Court of Appeal handed down a key decision in relation to the naming of parties in court proceedings.

Trethowans record breaking year boosted by trio of awards

June 16, 2017

A collection of multi-million pound deals at home and abroad has seen Trethowans recognised through a trio of awards.

Legal words of comfort for men coping after divorce

June 16, 2017

Much has been written in the press recently about how men cope after divorce. According to a recent survey conducted by Yorkshire Building Society, men were shown to suffer more emotional trauma than women following the end of their marriage. In addition 41% of men described themselves as still sad about the failure of their marriage 2 years after divorce as apposed to only 31% of women.

Trethowans aims for £20m turnover by 2020

June 14, 2017

Trethowans has set its sights on becoming a £20m turnover business and a top 100 UK practice by 2020.

What’s in a name?

June 13, 2017

You may well have heard a member of Resolution commenting on an issue of family law in the popular media. This comes as no great surprise as Resolution are regularly invited to comment in the press, on the radio and television as well as maintaining a significant presence in the social media but who or what is Resolution?

How Long Does a House Move Take Honestly?

June 13, 2017

We always target a maximum of 4 weeks to exchange contracts, and we tell everyone (the other lawyer, our client sand the estate agents). The point in doing so is to focus people on achieving a prompt pace, not necessarily achieving a magic 4 weeks.

HSBC Funds Management Buyout of Hampshire Car Part Manufacturer

June 12, 2017

A Hampshire-based business that makes complex kinetic parts for major car manufacturers has been acquired by three senior members of its existing management team after securing a multi-million pound finance package from HSBC.

The law of unintended consequences (or determining applicable law in cross-border cases)

June 5, 2017

THIS ARTICLE APPEARED IN THE PERSONAL INJURY BRIEF UPDATE LAW JOURNAL – MAY 2017.

Immigration in the Manifestos

June 2, 2017

With Utopia just a ballot box and swingometer away I’ve been looking at the manifestos and wish I could capture and retain their boundless confidence. This is not  an analysis or even a summary of what’s in the manifestos; it’s an unvarnished note of what’s caught my eye in the context of immigration law and practice.

Employment Health Check

June 2, 2017

Over the last year, we have seen an increasing trend in queries relating to the national minimum wage. It may sound simple but the question is "Are you paying all your workers the national minimum wage?"

Strict 3 Year Time Period to Bring A Claim

May 25, 2017

One problem which the Personal Injury and Clinical Negligence Team at Trethowans repeatedly see is people being unaware that they have only 3 years from the date of a negligent incident to bring a claim.  This 3 year timeframe is called the Limitation Period and is applied strictly by the Courts. If a Claim Form is not sent to court within this this time limit the claim will be out of…

GDPR ready or not here it comes

May 24, 2017

Love it or hate it, data protection will be a hot topic for businesses over the next 12 – 18 months, particularly with significant increases in fines for non-compliance looming on the horizon.

Deals from across the globe see Trethowans receive four award nominations

May 23, 2017

We are celebrating a record number of nominations in the Solent Deals Awards after overseeing multi-million-pound deals at home and overseas.

The illegal storage of waste issues for businesses

May 19, 2017

A recent prosecution by the Environment Agency highlights three issues for businesses with regards to waste material –

Ignore health and safety at your peril

May 19, 2017

A manufacturing company was prosecuted by the Health & Safety Executive (HSE) after an employee was hit on the head by a heavy triple-glazed double door which was being unloaded at a construction site. The employee was knocked unconscious and subsequently suffered from whiplash and headaches. The company was fined £300,000 and ordered to pay over £18,000 in legal costs by Oxford…

DBS unlawful Part 2

May 19, 2017

In January last year I wrote about the High Court declaring the DBS scheme unlawful. This is a link to my article which discusses the key facts and the judgement: The Disclosure and Debarring Service

Willing a Wonderful Royal Wedding

May 18, 2017

This weekend millions of people are expected to tune in to the wedding of Prince Harry and Meghan Markle. Less than 50% of those watching are likely to have made a Will. Those who have made a Will may not be aware that their marriage or civil partnership could have rendered their Will void.

Trethowans Bolsters Team of Partners

May 17, 2017

Trethowans bolsters team of partners amidst £20m growth strategy

Could a coding error leave your website open to a cyber attack?

May 16, 2017

A company supplying building products online has been fined £55,000 by the Information Commissioner’s Office (ICO) after an attacker accessed the unencrypted financial details of 669 customers including names, addresses, account numbers and security codes.

Asleep on the Job

May 5, 2017

For a long time employers (especially in the care sector) have been grappling with the question of whether employees required to sleep-in are engaged in time work for the whole of their shift or just when they’re on a call-out. The underlying issues concern working time, pay and the National Minimum Wage. The EAT has just considered 3 linked appeals and concluded that “A…

Does Your Child Have A Right To A Relationship With You?

May 2, 2017

Children of separated or divorced families want and need a healthy and strong relationship with both of their parents and to be protected from their parents’ conflicts. However, some parents, in extreme situations, foster the child’s rejection of the other parent and manipulate them to hate the other parent.

New Immigration Fees

April 21, 2017

The latest round of changes to the Immigration Rules focuses on fees. Businesses that rely on migrant workers from outside the EU to plug their skills gap will feel the pinch from the increases, starting with the Immigration Skills Charge.

Divorcing A Narcissist

April 10, 2017

Narcissisism is a personality trait referred to by Dr. Mark Banschick who developed the term “the Malignant Divorce”. He alludes to the narcissist as “completely self-serving and selfish.” It’s imperative to shield yourself emotionally whilst negotiating a divorce from a narcissist.

Employment team backs measures to close gender pay gap

March 31, 2017

The Employment and Immigration Team at Trethowans is backing calls from MPs to reconsider changes to the sharing of parental leave, in a bid to close the gender pay gap.

Adult Claimants and the Inheritance Act 1975

March 24, 2017

The Updated Position- Ilott v Blue Cross – Supreme Court

Trethowans Poole Office now Headway Accredited

March 22, 2017

Trethowans Poole office has now been listed in Headway’s 2017 Head Injury Solicitors Directory, along with the Southampton and Salisbury Offices, as meeting the appropriate criteria set down by Headway when dealing with brain injury personal injury cases.

Trethowans join The Serious Injury Guide

March 20, 2017

Trethowans have recently joined the Serious Injury Guide, which is designed to assist with the conduct of personal injuries cases involving complex injuries. The guide is aimed at helping all parties involved resolve the claim whilst putting the Claimant at the centre of the process. It ensures that parties work together to resolve issues but that the reasonable needs of Claimants are met.

Dancing on a Pin Head

March 17, 2017

This is a link to a piece I wrote on 7 October about headscarves in the Court of Justice of the European Union.

Trethowans supports stars of the South Coast property sector

March 15, 2017

The brightest stars in the South Coast’s property sector are set to come together this July and Trethowans will be at the centre of the action.

Trethowans Lead Sponsor for Giant Fundraiser

March 13, 2017

Liability and Multi Party Accidents Abroad

March 10, 2017

THIS ARTICLE APPEARED IN THE NEW LAW JOURNAL ON 24 FEBRUARY 2017.

Trethowans newest recruit

March 8, 2017

Derek Bryer joins the Private Client team in Salisbury bringing the number of lawyers in our private client team to 15. Derek will be helping clients with everything from inheritance tax planning, wills and probate matters involving lasting powers of attorney and court of protection.

Gender Pay Gap

March 7, 2017

On 6 April 2017 the new Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 are expected to come into force. They will require all private and voluntary-sector employers with 250 or more employees to publish prescribed information about their gender pay gap results. The results will need to be produced annually on one “snapshot” date (although the bonus information…

Probate fees: A new tax?

March 6, 2017

When a loved one dies the process of dealing with their assets involves submitting an account to HMRC, paying any tax due and obtaining a Grant to their estate. Currently the court fee for obtaining the Grant is £155 if obtained through a solicitor or £215 if you apply direct to the probate registry.From May court fees are set to change and the new fees are based on the value of the…

Directors Liabilities

March 3, 2017

It is all too easy for directors of limited liability companies to believe that they can hide behind the cloak of limited liability and avoid any come back against them for the company’s acts and omissions. However, in recent years, the English Courts have begun to extend the areas in which directors can face personal liability, particularly where those companies are ones with a single…

Gender Pay Gap Reporting

February 28, 2017

On 6 April 2017, the new Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 come into force and are expected to affect nearly 8000 employers.

Discount rate reduction will benefit Claimants

February 27, 2017

The government has today announced a significant reduction to the discount rate that is used to calculate claimants’ future losses in personal injury and clinical negligence claims.  The discount rate had stood at 2.5% since 2001, but has now been slashed to – 0.75%. 

What have construction vehicles, agricultural vehicles, golf buggies and mobility scooters all got in common?

February 27, 2017

Those of you who are familiar with insurance law matters will no doubt already be aware of the European Court of Justice (ECJ) ruling in the case of Damijan Vnuk v Zavarovalnica Triglav (Vnuk). However the implications of the case may be very wide for all of us and will therefore be of interest not only to those involved directly in insurance.

New Inheritance Tax Break: Will You Qualify?

February 27, 2017

Many of you will have seen the article in the telegraph this weekend about the new inheritance tax changes coming in from April. Billed by the conservatives as a £1,000,000 allowance the new changes are not as simple as that.

Government Announces Plans to Fix Costs in Clinical Negligence Claims

February 24, 2017

The Government has, last month, announced details of a proposed fixed costs regime for clinical negligence claims. The proposal follows on from costs being fixed for all personal injury claims worth up to £25,000 over the last few years.

Government Announces Increase to the Small Claims Limit for Personal Injury Claims

February 23, 2017

James Braund, specialist personal injury and clinical negligence solicitor at Trethowans LLP’s Poole Office, reports that the Government has announced that it plans to increase the small claims limit for Road Traffic Accident personal injury claims to £5,000.00 and for all other personal injury claims to £2,000.00. It is understood that the Government hopes to be able to…

Debt Health Check – Know who you are Contracting With

February 17, 2017

It is possible to contract with various different types of legal entities including individuals, partnerships, LLPs (limited liability partnership) and private limited companies. Knowing exactly who you are contracting with is important when it comes to successfully recovering your unpaid debts and essential when issuing court proceedings.

Plumbing in the Court of Appeal

February 14, 2017

Gary Smith worked for Pimlico Plumbers between 25 August 2005 – 28 April 2011. He had a heart attack in January 2011 and claimed the subsequent termination of his engagement was unfair dismissal. There were other claims but the key issue concerned Gary’s employment status. The case turned on it’s facts which in broad terms were these:

Trethowans Sponsors Local Charity Evening

February 14, 2017

James Gleisner, Paralegal in the Personal Injury team in Southampton, sits as a Trustee on the Board of the Wayne Howard Trust, a brain injury charity.

Time to put your business affairs in order

February 14, 2017

Are you putting off the inevitable?

Adult Inheritance Claims the Current Position

January 30, 2017

Claims by adult children for financial provision from parents’ estate have been a difficult subject for over 30 years. However, lawyers and the public should soon have greater certainty when the Supreme Court reaches a decision in the appeal of Ilott v Mitson, which it heard on 12th December 2016.

Brexit in the Supreme Court

January 27, 2017

We now know the Government lost the re-match 8 – 3. You’ve seen the flash reports and heard the instant reactions so I’m taking you to the heart of what’s arguably the most important judicial decision on our constitution for a generation.  

Ask the Expert: Why January Can Be a Testing Time

January 25, 2017

Family partner Emma Wilders-Pratt provides her advice to the readers of Winchester Lifestyle magazine on the testing time some families can experience over the Christmas period which can lead to life changing decisions in the New Year.

Family Mediation Week – Confessions of an All Issues Family Mediator

January 23, 2017

Mediation is less confrontational, less stressful, less expensive and less damaging in every respect and it offers couples an opportunity to move on from their relationship. They can create their future and continue to work together constructively, to the immense benefit of their children.

Trethowans Solicitors acts on acquisition of Cleaning Equipment Supplies Limited

January 20, 2017

The Corporate Team of Trethowans Solicitors has acted for Industrial Cleaning Equipment (Southampton) Limited (ICE) on its acquisition of Cleaning Equipment Supplies Limited (CES), which completed last month (December 2016).

Make your Will Fortnight

January 20, 2017

The Private Client team in Salisbury are pleased to have raised an impressive total of £1,530 during ‘Make your Will Fortnight’ for Children’s Hospices Naomi House & Jacksplace. 

Trethowans Corporate Team Continues to Expand

January 19, 2017

Trethowans’ corporate team continues to expand with a further appointment in Poole and Bournemouth

Trethowans advises on sale of Sandy Balls

January 19, 2017

Trethowans has kicked off 2017 by overseeing the sale of one of the UK’s best-known holiday parks.

The Surrogacy Journey: Parental Orders

January 18, 2017

Under the law in England and Wales, the person that carries the child is the legal mother, regardless of whether there is a biological link or not. If the surrogate is married or in a civil partnership then her husband/partner is the second legal parent. Therefore, steps would need to be taken after the birth to ensure the intended parents are the legal parents.

Rightmove is not the only place to look for your dream home

January 18, 2017

Don’t assume Rightmove is the only place to look for your dream home.

Speed up your house move

January 17, 2017

How to quicken your property sale/purchase by around 4 weeks…

My Fathers Will

January 17, 2017

My father passed away in 2010. His second wife is 85 and still living in the house they bought. They made a Will (both single wills because of possible care home fees) My father's half was left to myself and two sisters, possibly grandchildren. Now my father has passed away my stepmother is saying we will not get anything and everything will go to HER two adult children, can she do this? We…

The Year of the Levy

January 13, 2017

I closed last year’s posts with some helpful guidance from the Employment Appeal Tribunal on stress and disability. The sober reality of January prompts this reminder that the age of the levy is now upon us. In particular we can look forward to two new levies in April.

Welcome Boost for Children’s Hospice

December 22, 2016

Children and young people at a Hampshire hospice have received a boost this Christmas.

Stress, Disability & Happy Christmas

December 20, 2016

Damieon Herry was a teacher of design and technology at Hillcrest School in Dudley. I won’t excite you with the detail of his 90 complaints against his employer, the 39 day trial, the 317 page judgement or the second action raising new complaints of disability and race discrimination, but I do want to mention the Employment Appeal Tribunal’s important guidance on the relationship…

New campaign helps elderly in the south take control of their affairs

December 19, 2016

Building on lengthy experience in working with the elderly and vulnerable a leading law firm in the south is launching a campaign to encourage people to take control of their affairs and ensure the best possible care for themselves if their ability lessens.

New campaign helps elderly in the south take control of their affairs

December 19, 2016

Building on lengthy experience in working with the elderly and vulnerable a leading law firm in the south is launching a campaign to encourage people to take control of their affairs and ensure the best possible care for themselves if their ability lessens.

Mass tree planting a fitting finale for Trethowans’ 150th anniversary year of good deeds

December 16, 2016

Trethowans has rounded off its anniversary year commitment to completing 150 good deeds in aid of local good causes, by planting a woodland in Poole.

Trethowans boosts residential property team as demand for homes grows

December 15, 2016

Mariana Crawford joins the residential property team in Salisbury with a wealth of experience in the residential property market, having helped hundreds of buyers across Wiltshire, Bath and North East Somerset secure their dream homes over recent years. She specialises in a wide range of property matters, including freehold and leasehold sales and purchases, lease extensions and…

Not the Usual Piece on Office Parties

December 6, 2016

I’m bored with the usual seasonal warnings about behaviour at works Christmas parties so here’s pause for thought from a judgement of the High Court last Thursday.

Learn from your mistakes, Ratner tells business summit

December 2, 2016

Controversial entrepreneur Gerald Ratner told the south’s business leaders that they must learn from their mistakes in order to become a success.

Personal Injury Team’s Fundraising Success

December 1, 2016

Members of the personal injury team at Trethowans have raised over £6500 for people with spinal injuries with a fundraising dinner and auction. 

Good Divorce Week

November 28, 2016

As members of Resolution, a national organisation promoting the constructive and non-confrontational approach to all family matters, the Family Team at Trethowans will be supporting Good Divorce Week (28 November – 2 December)

Bird v Acorn Group Limited (2016) – Court of Appeal makes long awaited costs decision

November 21, 2016

On Friday 11 November, the Court of Appeal handed down their unanimous judgment on this longstanding appeal [1].  The appellant, Acorn Group, were appealing a decision made in Birkenhead County Court in February 2015 on a question of costs.

The Right to Rent

November 21, 2016

Landlords of residential property should be familiar with the right to rent rules by now and well used to checking prospective tenants right to live in this country. This is a reminder that letting a residential property to a migrant who’s not entitled to be here becomes a criminal offence on 1 December. The sanctions are an unlimited fine and/or imprisonment for up to 5 years.

Your Will, your rights

November 17, 2016

“My oldest brother wants to see our parents’ Wills & mine to see what is left to him so he can plan for his future & make sure his children are okay. He has his own house, pension & is on his second marriage also taken early retirement due to ill health. Both our parents are poorly & I'm their main carer, I still live at home & dropped my hours so I can do more…

Your Digital Assets

November 14, 2016

Our increasing concern about security, privacy and protecting our identities online means that people are taking more care securing their digital assets, including making passwords more complex, not writing them down and changing them regularly. Whilst this is great when you are alive, it can make the task almost impossible for those left dealing with your estate when you die.

Cyber Security Insurance

November 14, 2016

Cyber risk can come in many forms. The term sounds futuristic, but in reality the risks are present now. Some of the risks do relate to new and emerging technologies such as driverless cars and drones. However, often the risks are closer to home. You will have heard about recent high profile hacking events but you may not have worked out that effectively everyone with a computer is at some risk…

Cyber Security : Top Five Tips for Businesses

November 14, 2016

It only takes one person to compromise the security of the organisation they are employed by and, statistically, one in 20 emails lead to a successful breach for a cyber criminal to facilitate the theft of a substantial sum of cash directly into their bank account. Organisations need to acknowledge that cyber security is not just an IT issue, it is also a human and processes issue which requires…

Autonomous cars: who’s at fault when they go wrong?

November 14, 2016

Everyone has seen the movies from the 1980’s and 90’s which predicted we would all be travelling around in vehicles that hovered or flew in the future. The one aspect that remained in all of these is that they were still piloted by a being behind the wheel. None seemed to contemplate that the vehicles would be computer driven; although, unfortunately, still on four wheels rather than…

Autonomous cars: who’s at fault when they go wrong?

November 14, 2016

Everyone has seen the movies from the 1980’s and 90’s which predicted we would all be travelling around in vehicles that hovered or flew in the future. The one aspect that remained in all of these is that they were still piloted by a being behind the wheel. None seemed to contemplate that the vehicles would be computer driven; although, unfortunately, still on four wheels rather than…

Cheap conveyancing – dare you risk it?

November 11, 2016

Just ask yourself, why does the conveyancer have to price their service so cheaply? Desperate for work? Poor reputation, or a low headline rate, but then lots of hidden charges.

Government Proposes to Fix Costs on Clinical Negligence Cases below £25,000

November 10, 2016

It has recently been reported that the Department of Health is seeking to fix costs for medical negligence claims worth up to £25,000. 

Trethowans Solicitors acts on the sale of builders’ merchant Simmons of Stafford

November 8, 2016

The Corporate Team at Trethowans has acted on the sale of builders’ merchants Simmons of Stafford to Anglesey based builders’ merchants, Huws Gray.

Explaining the Brexit Judgement

November 7, 2016

The unwritten nature of the British Constitution creates a tension between the Crown, the Executive and Parliament. That tension is informed by convention and moderated by law which is why last Thursday’s judgement of the High Court is so important.

Cakes, Faith & Law

October 28, 2016

The authoritative judgement of Lord Chief Justice Morgan doesn’t record his verdict on Colin and Karen McArthur’s baking but we do know he thinks their appeal in the “Support Gay Marriage” cake case had the legal equivalent of a soggy bottom. 

It’s not too late to buy and sell your home before Christmas

October 26, 2016

October has seen the usual influx of people who clearly want to celebrate their new home over Christmas. And there is nothing more rewarding for a conveyancer than to be the one who helps them do just that.

Divorcing at Halloween: Trick or Treat?

October 24, 2016

As Halloween approaches with ghosts and ghouls, pumpkin carving, and ‘trick or treating’, I wanted to take the opportunity to stress that if you are facing the sad inevitability that your marriage has come to an end, divorce need not be scary. Meeting with a solicitor need not be scary.

All the numbers add up for 150-year-old law firm

October 24, 2016

We have been listed as one of the top 200 independent law firms in the UK by leading industry magazine, The Lawyer.

All the numbers add up for 150-year-old law firm

October 24, 2016

We have been listed as one of the top 200 independent law firms in the UK by leading industry magazine, The Lawyer.

School children score a winner with new kit

October 19, 2016

Football-loving youngsters at Wildern School in Hedge End have started the new term with a fresh new look thanks to local solicitors Trethowans.

“Foam Fest Fun Helps The Team Raise Over £1000 For Charity”

October 17, 2016

Last month, members of the Family Team took part in the Naomi House & Jacksplace Foam Fest, held at Beaulieu Motor Museum, raising over £1000 for the charity.

Trethowans team dons walking boots for mammoth charity trek

October 17, 2016

A team of personal injury experts from Trethowans are nursing their own aches and pains after trekking 66 miles between three of the regional law firm’s offices for charity.

Government to Hold Fire on Further Whiplash Claims Reform

October 17, 2016

It has recently been reported that the Ministry of Justice has set aside plans which had previously been proposed for a further major overhaul of the personal injury sector.

Rise, fall and rise of controversial businessman

October 12, 2016

Colourful entrepreneur Gerald Ratner will be telling the story of his rise, fall and rise to the south’s business leaders at the Solent Business Growth Summit 2016 next month.

Rise, fall and rise of controversial businessman

October 12, 2016

Colourful entrepreneur Gerald Ratner will be telling the story of his rise, fall and rise to the south’s business leaders at the Solent Business Growth Summit 2016 next month.

Holiday Pay – The Court of Appeal Judgement in British Gas v Lock

October 10, 2016

The long awaited judgement of the Court of Appeal was given on Friday. The Court has followed the guidance of the CJEU and the gist of it’s 38 page decision is that workers holiday pay should reflect the commission they’d have earned if they weren’t on holiday. It also describes the muddle we’ve all been dealing with as the unforeseen consequences of the CJEU’s…

Untying a knotty problem

October 7, 2016

The European Court of Human Rights has taken a surprisingly conservative line in the two major decisions it’s handed down on the subject of clothing and religious discrimination (I exclude Eweida as that wasn’t about clothing!).  Now the CJEU is grappling with the  issue and is challenged to come up with judgement of Solomon in a couple of cases which will be decided very…

Trethowans team dons walking boots

October 4, 2016

Personal injury experts from Trethowans are in training for an exhausting 66 mile trek between three of the regional law firm’s offices – in aid of four charities.

Trethowans revs up good deeds at Silverstone

September 30, 2016

Lawyers from Trethowans accelerated their mission to complete 150 good deeds by helping people with brain injuries experience the thrill of riding motorbikes.

Trethowans revs up good deeds at Silverstone

September 30, 2016

Lawyers from Trethowans accelerated their mission to complete 150 good deeds by helping people with brain injuries experience the thrill of riding motorbikes.

Trethowans flexes its credentials in Legal 500

September 29, 2016

Trethowans has reinforced its credentials as one of the best in the region, with a string of commendations in the latest edition of the Legal 500.

Employment Team Launches Whitepaper

September 23, 2016

Law firm’s white paper reveals skills shortage will hold back prosperity in the central south

Fatal cases: Health and safety lessons for businesses

September 22, 2016

Why should businesses invest in health and safety? I firmly believe that it is to ensure that employees and anyone affected by the business’ activities finish the working day in the same (if not better) state of health as when they arrived. The recent tragic events at the Didcot power station and the recycling plant in Birmingham only serve to highlight that this does not always happen.

Estate Agents can actually help the conveyancing lawyer

September 22, 2016

Conveyancers witness the work of so many estate agents in their day to day legal work, and any will tell you the quality ranges dramatically. Just as estate agents will say about conveyancing lawyers. A sure fire way to tell which estate agents a conveyancing lawyer rates might be if they promote the best on their legal website. But otherwise, simply asking a local lawyer who they rate is a good…

Trethowans throws support behind The News’ Business Excellence Awards

September 20, 2016

Trethowans has thrown its support behind The News’ Business Excellence Awards, coming on board as lead sponsor of the 2017 event.

Estate Agents don’t get paid until the conveyancing lawyer achieves an exchange of contracts

September 20, 2016

It is easy to overlook the fact that the majority of estate agents only receive payment for the weeks, if not months of hard work that they put in to selling your property, if, and only if, they secure a buyer for your property who proceeds to an exchange of contracts.

What does Brexit mean for UK Law?

September 16, 2016

So far, nothing at all!

Trethowans appoints new partner to commercial property team

September 15, 2016

Trethowans has added another commercial property expert to its team as the booming market has seen demand for its services continue to grow in the region.

Trethowans appoints new partner to commercial property team

September 15, 2016

Trethowans has added another commercial property expert to its team as the booming market has seen demand for its services continue to grow in the region.

New partner set to help expand Trethowans’ agricultural and rural property service

September 13, 2016

Trethowans has strengthened its agricultural and rural property team with the appointment of Grainne Alen-Buckley as a partner.

Experts come together to share divorce advice in Winchester

September 9, 2016

Free, hands-on support is being offered to Hampshire families going through divorce or separation.

Equal Opportunities

September 9, 2016

Equal opportunities legislation has been with us for a generation or two so it’s no surprise the incidence of direct discrimination crossing my desk is less than it once was. But that doesn’t mean everything in the garden’s rosy. Far from it. I’m seeing two things. First, legal redress is simply not an option for far too many victims of discrimination. Second, I believe…

Is Brexit Going to Change Personal Injury Claims?

September 6, 2016

A couple of months have now passed since the Referendum to Leave the European Union (EU), but it seems that much of the finer details as to exactly what this will mean may not actually be ironed out until Article 50 of the Lisbon Treaty is triggered (and it seems, at least at present, there is no immediate rush to do this). This could lead to a high degree of uncertainty for lawyers and litigants…

Insurance Act: Revolution or Evolution?

August 30, 2016

Charles Darwin said that a man who dares to waste one hour of time has not discovered the value of life.  However, if you run a business that requires insurance it will not be a waste of your time to make yourself aware of the Insurance Act 2015 which came into force this month.

Illegal workers could close down your licensed premises

August 26, 2016

The Immigration Act 2016 received Royal Assent on 12 May 2016 but the main sections concerning licensing are not yet in force – Spring 2017 is the anticipated date.

Former Rugby Player Sues Club Over Alleged Clinical Negligence

August 26, 2016

It has been announced that former Sale Sharks player, Cillian Willis, is suing the club for alleged clinical negligence during their LV cup game against Saracens back on 10 March 2013.

The Pleasures and Pitfalls of owning a Second Property

August 24, 2016

Many people either find themselves in the position of owning more than one property (even if temporarily during the administration of a relative’s Estate) or because they decide to purchase one for pleasure or investment purposes.

Salisbury Contemporary Craft & Heritage Festival

August 18, 2016

Salisbury Contemporary Craft & Heritage Festival Launch Evening took place on 8th August; exactly one month before the Festival’s Preview Evening on 8th September.

Tax and termination payments

August 17, 2016

Last year I wrote about changes to the rules concerning the taxation of termination payments. This has just arrived in the form of draft amendments to the Income Tax (Earnings and Pensions) Act 2003. There’s a consultation period on the text until 5 October and it’s proposed the new rules take effect in April 2018.

Personal injury lawyer appointed trustee of local charity

August 15, 2016

A lawyer from Trethowans’ personal injury team in Southampton has been appointed as a trustee and board member of the Wayne Howard Trust, an acquired brain injury charity.

Personal injury lawyer appointed trustee of local charity

August 15, 2016

A lawyer from Trethowans’ personal injury team in Southampton has been appointed as a trustee and board member of the Wayne Howard Trust, an acquired brain injury charity.

Food bank boost from Trethowans

August 5, 2016

Burgers and Immigration rules

August 4, 2016

I’m not wading into the furore about a certain burger chain and  Home Office stings because the facts have been obscured by the righteous indignation stirred up against the employer – also because I’ve eaten one of it’s burgers and thought it very second rate. But this isn’t a critique of the restaurant, it’s a reminder that if a business is going to play the migration game it’d better know the…

Trethowans staff take fundraising to a new level

August 1, 2016

Trethowans advises on £1.2m agricultural loan deal

July 27, 2016

A Wiltshire farming business is poised for further growth following a £1.2m investment deal overseen by Trethowans.

Pollution incident leads to £100,000 fine for construction company

July 22, 2016

Businesses need to be aware that if their business activities cause water pollution, they could face hefty fines.

Trethowans celebrates 150 years in business

July 12, 2016

Trio take on Race for Life as part of Firm’s 150 good deeds pledge

July 11, 2016

Hot on the heels of the corporate teams’ three peak challenge success the firm has hit another fundraising milestone.

EU Nationals and Brexit

July 8, 2016

During the last couple of weeks we’ve become familiar with Article 50 of the Treaty of Lisbon and aficionado’s will have dusted off Articles 216 – 218 of the Treaty on the Functioning of the EU. Then we absorbed the maxim to keep calm and carry on; or we did until Monday when the Home Secretary and the Minister for Immigration threw us a curved ball. They declined to confirm…

Can pre Jackson Conditional Fee Agreements be assigned?

July 7, 2016

The legal community has, over the last few years, faced a significant degree of uncertainty regarding the ability to assign pre-Jackson Conditional Fee Agreements (CFA), also known as “no win no fee” Agreements. Assignment creates no new rights, but simply transfers existing rights from one party, the assignor, to the new party, the assignee. Under a CFA entered into prior to the Legal…

Unmarried woman takes up legal fight to have Bereavement Damages awarded to her

July 5, 2016

Recently the arguable shortcomings of bereavement damages have once again been brought into question when a woman has commenced court proceedings against the government to court for a breach of her human rights, in being denied bereavement damages. When her partner of 16 years died in 2011 she discovered, despite their long-lasting and serious relationship, she was not entitled to bereavement…

Brexit: further fall in corporation tax rates

July 4, 2016

In my blog on the 2016 Budget, I commented on the Chancellor’s continued theme of lowering corporation tax rates, in which he announced the rate of corporation tax being lowered to 17% by 2020. Even before his comments in the Financial Times this morning – where the Chancellor announced his plan to cut rates to 15% – the UK had the lowest corporation tax rates in the G8.

Brexit – A View from the Coalface

July 1, 2016

The sky’s not fallen and in the short term Brexit makes no difference to UK employment law. Our law may have been driven by EU Directives but these have been implemented through legislation and regulations which remain in force until repealed. In the medium term;

Law firm celebrates string of promotions in 150th year

June 30, 2016

Trethowans has made a number of promotions as its team continues to expand in its 150th year.

Inheritance Tax Law – The Residence Nil Rate Band

June 28, 2016

Proposed changes in the law mean you could save as much £140,000 in Inheritance Tax (IHT) when the family home passes to children on death.

Flood Re

June 24, 2016

Access to affordable home insurance is critically important when it comes to helping households recover from the severe financial impacts and damage caused by flooding.

New sentencing guidelines – can you afford to get health and safety wrong?

June 24, 2016

Hard on the heels of the abolition of maximum fines in the Magistrates’ court, new sentencing guidelines are likely to lead to tougher sentences for directors and businesses convicted of serious health and safety offences.

Your marriage or your job

June 24, 2016

Mrs Pendleton is a teacher.  She was employed by Derbyshire County Council at Glebe Junior School where she was highly regarded by students, colleagues and parents alike. Her husband was Head Teacher of a nearby junior school who in January 2013 was arrested on suspicion of downloading indecent images of children and of voyeurism. This came as a bolt from the blue for Mrs Pendleton who took…

Buy to let and not to be let down

June 22, 2016

If you are a landlord, including perhaps a buy to let one (ever conscious of the recently less beneficial tax position and further consequent need to try and minimise rent voids arising from problem tenants), here are a few reminders on some legal things to look out for in relation to your residential tenants who are on Assured Shorthold Tenancy Agreements (i.e. the default position for new…

Criminal conviction for employee who took client information before joining rival firm

June 15, 2016

A recent prosecution under the Data Protection Act 1998 (DPA) should be of interest to both employers and employees. If you are an employee, it is a warning that when leaving a job, taking personal client/customer information without permission can have implications under criminal as well as employment law. If you are an employer, it is a reminder that in order to prevent personal data being…

Solicitors on top of the world after doubling fundraising target

June 8, 2016

Intrepid solicitors from a Southampton law firm have hit the treble as well as the double – by climbing three mountains, walking day and night, and raising double their target for charity in the process.

“Fighting for all the right reasons”

June 2, 2016

A recent study carried out by charity Relate indicates that almost one in five couples in the UK, both married and non-married argue regularly. That equates to nearly 20% of all relationships being in conflict.

Corporate Team double fundraising target

June 1, 2016

The Immigration Act 2016

May 27, 2016

The Immigration Act 2016 received Royal Ascent last week – just in time for yesterday’s migration statistics.  Its key provisions are:

Tidy result for Dorset beaches

May 26, 2016

Good for business – compliments of a home moving client

May 20, 2016

Speaking as a conveyancer, there is nothing more rewarding for me than a client extolling the virtues of having chosen you. Whether because we made the process easy and hassle free, or we were expertly prompt, or we solved legal issues without breaking stride.

Minister of State for Justice indicates further proposed Reforms for Personal Injury Claims will go ahead

May 19, 2016

Earlier this month, the Justice Minister, Lord Faulks, indicated, in his keynote speech to the Association of Personal Injury Lawyers (APIL), that there would be “no retreat” from the government’s proposals to further reform Personal Injury Claims. He indicated that the government remained committed to scrapping general damages completely for “minor” whiplash claims and raising the small claims…

Trethowans shortlisted for three prestigious awards, including Law Firm of the Year title

May 18, 2016

A multi-million pound deal and a legacy of achieving outstanding results for its clients has seen Trethowans shortlisted for three prestigious awards.

Hats off to hard-working charity from Trethowans

May 18, 2016

Stetsons, baseball caps and coloured wigs; not the usual attire for a solicitors’ office but staff at Trethowans cast aside their usual looks to raise money for a worthy cause on Friday 13th May.

One Percent, 2 Percent, 3 Percent More!!!

May 17, 2016

The old nursery rhyme One Potato, Two Potato, Three Potato More has been applied by the Government but peel back the skin and the filling of this potato is much more costly than cheese and beans.

Healthcare Safety Investigation Branch to be set up to investigate failings of care in NHS Hospitals

May 16, 2016

The Secretary of State for Health, Jeremy Hunt, has recently announced that a new independent body will be set up to investigate sub standard care in NHS Hospitals and review the cause of all hospital deaths. The new Healthcare Safety Investigation Branch is due to come into existence from April 2018.

NHS proposes major closures to Poole Hospital Accident and Emergency Department

May 13, 2016

As part of the recent Clinical Services Review the NHS’s Dorset Clinical Commissioning Group has, this week, proposed that the Royal Bournemouth Hospital be designed the Dorset’s main Accident and Emergency Department.

Trethowans Solicitors act for shareholders of He-Man Equipment Limited

May 13, 2016

The Corporate Team at Trethowans Solicitors have advised the shareholders of He-Man Equipment Limited on the sale of the entire share capital to HM Holding Ltd, an investment vehicle primarily backed by a group of investors including Jon Moulton, one of the UK’s best known private equity investors.

Part 36 trumps Part 45: Broadhurst v Tan

May 13, 2016

As the Government recently reaffirmed its intention to press ahead with fixed costs for all claims worth up to £250,000.00 the Court of Appeal highlighted, in the case of Broadhurst v Tan, that such fixed costs did not apply in case where a Claimant has “beaten” its own offer at trial.

Vicarious Liability re-examined in recent case: Mohamud v Morrisons

May 12, 2016

In a recent case the Supreme Court has held that Morrisons supermarket were responsible for the actions of a member of staff who assaulted a customer.

Borough of Poole announces plans to increase 20mph zones

May 11, 2016

The Borough of Poole announced its intention to create 3 more 20mph zones. The zones are planned to be established in Poole town centre, Heckford Park and Longfleet, with the aim of improving road safety and considerate driving. The Borough has recently ended a consultation period on the zones with further announcements awaited.

Further Increases to Insurance Premium Tax announced in recent Budget

May 10, 2016

In the recent Budget Chancellor George Osborne announced an increase of 0.5% in Insurance Premium Tax, which will now stand at 10% in total.

As the sun comes out, so do the motorbike riders!

May 6, 2016

As the weather gets warmer and the roads drier, so the time of year approaches where the leathers are dusted off, a new shine put on the helmet and the motorbike is dusted off ready for another year of glorious riding in the sun.

The Skilled Worker Rules

May 6, 2016

The government has recently announced important changes to Tier 2 of the Points Based Immigration System. This is the route designed for employers importing skilled workers from outside the EEA for a job which is a recognised shortage occupation alternatively for which the sponsor has been unable to recruit a suitable candidate from within the EEA. 

Sainsbury’s profits fall: its a tough (super) market

May 4, 2016

With inflation having been pretty non-existent in recent years and increased competiveness, it’s perhaps not surprising that Sainsbury has announced that its annual profits have fallen.

Non-Compete Clauses & the Movement of People

April 29, 2016

In eerie juxtaposition with my piece last week about the EU Trade Secrets Directive, Sajid Javid MP (Secretary of State for Business, Innovation and Skills) launched a consultation exercise last Sunday about banning non-compete clauses in employment arrangements. He says they could be stifling British entrepreneurs from leaving their employers to start their own ventures. The Minister “is…

Change in Court Fees

April 22, 2016

Following a debate in the House of Lords, and with only minimal notice to practitioners and Court staff on Thursday 17 March 2016, and even less opportunity to advise clients, it was announced that the court fee for issuing a Divorce Petition would rise from £410 to £550. Only a few days later on Monday 21 March, the rise came into effect representing a staggering 34% increase.

“For as long as you both shall live …” But get your ducks in a row first.

April 22, 2016

Getting married? So you have chosen your venue, booked a caterer, decided on a colour scheme, contemplated killing the mother-in-law or mother or both……. But have you considered a Pre-Nup?

Protecting your Confidential Information

April 22, 2016

The European Parliament has approved a new Trade Secrets Directive. Its purpose is to harmonise the protection of trade secrets across the EU and help businesses obtain redress against the theft or misuse of their secret information.

What should you do to incorporate your standard terms and conditions into your contracts?

April 20, 2016

If you have gone to the time and the expense of having standard terms and conditions of sale produced for your business it is vital that you use them and that they are incorporated into your contracts with your customers.

Trethowans Partner hands over the reins to Ageas Insurance

April 19, 2016

After 12 months in the role, Kelvin Farmaner, who is a partner at Trethowans Solicitors, has handed over the reins as President of the Insurance Institute of Southampton to Adam Clarke of Ageas Insurance.

BP shareholders “reject” pay package

April 15, 2016

With oil prices still relatively low, it was perhaps surprising that the shareholders of BP were presented with a proposal for a 20% increase in pay for its chief executive, Bob Dudley, at its AGM on 14 April.

Trethowans solicitor listed as one of the best in the country

April 11, 2016

Poole based James Braund, personal injury associate at Trethowans, has been featured in the Sunday Times and VouchedFor’s list of top 250 financial and legal professionals in the UK.

Sickies and Breach of Trust

April 11, 2016

Ibrahim Ajaj is a bus driver. He said he was injured when he slipped on the floor of the toilets at Metroline West’s depot in Willesden.

Does your business deal with consumers?

April 8, 2016

On the 23 March 2016 the Competition and Markets Authority (CMA) produced new guides to help your business know about unfair contract terms when you deal with customers:-

National Living Wage

April 8, 2016

Last Friday the National Living Wage was introduced at a rate of £7.20 per hour for over 25’s (up from £6.70) and £6.70 for those aged 21 – 24 (no change). The government intends to raise it to £9 per hour for over 25’s by April 2020.

Boost for Trethowans’ corporate and commercial team in Southampton

April 7, 2016

Trethowans has expanded its corporate and commercial team in Southampton to eleven lawyers with two new appointments.

Inheritance Tax: once more a pressing issue for local residents

April 6, 2016

After two successive manifestos promising a £1,000,000 inheritance tax free band and after the General Election result which should have heralded this welcome change we now find that the situation, whilst still unclear, will certainly be somewhat different from that indicated.

The Rise of the Second Marriage

April 4, 2016

The number of people over the age of 60 getting divorced has risen since the 1990s. According to the Office of National Statistics (ONS), in 2012 the largest percentage increase in the number of marriages between 2011 and 2012 was for men and women aged 65 and 69 rising by 25% and 21% respectively. The recent marriage of Rupert Murdoch and Jerry Hall seems to be following the trend.

The Stamp Duty Rush

April 1, 2016

The Stamp Duty rush highlighted shoddy conveyancers and the estate agents who recommended them – who to avoid in the future.

Property in Pensions… Investing in bricks and mortar

March 31, 2016

Many people are mystified about pension products (particularly bearing in mind the bad press of management fees and the vagaries of the Stockmarket) but are more reassured about the solidity and long term nature of bricks and mortar. What are the advantages of investing your pension in property?

Pensions, Tax Reforms and Checking Out…

March 30, 2016

A lot has been written about being able to take your personal pension (as distinct from company provided) from age 55 onwards and the unfortunate tax consequences, which ensue unless it is very carefully handled. Less is written about the wisdom of spending your pension early… Perhaps it is obvious.

What is the pension risk in your corporate transaction?

March 29, 2016

Whether you are buying or selling shares in a company, or a business and its assets, there is a pension risk in all transactions involving the movement of staff. The important thing to establish is what type of pension(s) is involved in your transaction.

Easter donation for local charities

March 24, 2016

    

Court Fee Rise

March 24, 2016

Following a debate in the House of Lords last week, and with only minimal notice to practitioners and Court staff on Thursday 17 March, and even less opportunity to advise clients, it was announced that the court fee for issuing a Divorce Petition would rise from £410 to £550.

Managing Employee Sickness – A Legal Perspective

March 23, 2016

Unexpected absence due to sickness can cause employers their own headache. However, few want to challenge an employee when ill and fewer still are prepared to take action up to and including dismissal. Below we consider how we can safely tackle persistent short term and long term absence.

Sharing the cost burden of pursuing litigation – litigation funding

March 22, 2016

Barely three months after controversial court fee increases took effect in April 2015, the Government announced last year that there would be yet further increases to come.

Contested Wills & Probate

March 21, 2016

Contested Wills remains a significant issue for individuals and charities with increasing property prices and estates, together with a greater willingness of disappointed parties to challenge Wills. The legal position can be complicated and early advice is often essential.

Have you carried out a valid share buy back?

March 18, 2016

There are many reasons why a company may wish to carry out a share buy back but the key is to ensure that the buy back is carried out in accordance with the Companies Act 2006 (or historically pursuant to the Companies Act 1985).

Debt Recovery – Supreme Court clarifies the law on penalty clauses

March 18, 2016

Following on from the Court of Appeal case ParkingEye v Beavis last year, Mr Beavis took his appeal to the Supreme Court. An article I wrote entitled “Parking charge not an unenforceable penalty in the Court of Appeal” in May last year discusses this case.

The National Minimum Wage & Peripatetic Workers

March 17, 2016

The BBC is this morning reporting the out of tribunal settlement of a claim by a domiciliary care worker who was not paid for travelling between appointments. The settlement is being reported as a surprise and a wake up call for employers. Regular readers of my posts will not be surprised as I wrote about the genesis of this matter on 19 June and 30 October last year. The only puzzle about the…

Breaking Budget news

March 16, 2016

Despite the Governments’ published ‘consultation’ on increasing stamp duty being almost ripped apart by criticism from a multitude of fronts, the Government has dramatically proceeded to hit home buyers with a 3% increase in stamp duty in today’s Budget.

Annual Increase in Compensation Limits

March 15, 2016

From 6 April 2016, the statutory limit for a week’s pay will be increased to £479 (currently £475) and the maximum compensatory award in unfair dismissal claims will raise to £78,962 (currently £78,335).

Your statutory books need to be updated – new PSC registers

March 4, 2016

The Small Business, Enterprise and Employment Act (the Act) received Royal Assent on 26 March 2015, but how will the Act affect your limited company or LLP?

Trethowans signs deal with Poole Pirates

March 1, 2016

The One About the Banksy

February 29, 2016

In the case of The Creative Foundation v Dreamland Leisure Limited [2015] EWHC 2556 (Ch) the High Court was tasked with deciding whether a tenant was permitted to remove a piece of street art from the external wall of the property it rented under a 20 year lease. This particular piece of graffiti was by the illusive, world-famous, graffiti artist Banksy and appeared on the external wall of the…

The Housing & Planning Bill: Starter Homes

February 26, 2016

The Government’s proposed new legislation aimed at boosting house building and reforming the planning system – the Housing & Planning Bill – has now passed through the House of Commons and is currently under scrutiny in the House of Lords. While the provisions impacting on social housing have perhaps attracted the most commentary, other key areas covered by the Bill include…

Trethowans Solicitors act for the management team on their buy-out of Lakesmere Group Limited

February 24, 2016

The Corporate Team at Southampton, Poole and Salisbury based Trethowans Solicitors has advised the management team, led by Mark Johnson, in relation to their buy-out of Lakesmere Group Limited. 

Employers Statutory Duty of Care

February 11, 2016

Tipping my hat to the great Sir Harry Lauder, 18 December 2010 was a braw, bricht, moonlicht nicht. At around 8pm Tracey Kennedy (a home carer) called on an elderly lady in Glasgow. The lady was terminally ill and Tracey was providing her with palliative and personal care. There’d been severe wintry conditions for several weeks and the sloping path to the lady’s house was covered with…

Trethowans launches new service for businesses

February 8, 2016

We have launched a brand-new offering as we continue to expand across Hampshire, Dorset and Wiltshire. Partner Sarah Wheadon has been appointed to head up the new health and safety and regulatory division, which will help businesses and individuals stay on the right side of the law.

Do I want an agent or distributer for my business?

January 29, 2016

What is an agent?

Trethowans residential property team makes first appointment of 2016

January 27, 2016

Trethowans has leapt into the New Year with the expansion of its Residential Property team.

The Disclosure and Debarring Service

January 27, 2016

Ms P is 47. She worked as a Teacher in Spain and Greece until 1997 when she became unwell. Her condition was neither identified nor treated until 2000 when she was diagnosed with schizophrenia. 

Don’t pay the wrong court fee whatever you do!

January 25, 2016

In the case of RICHARD LEWIS & ORS v WARD HADAWAY (A Firm) (2015) the court decided that where claimants had deliberately understated the value of their claims in order to pay reduced issue fees to the court and stop the limitation period from running, it would have been disproportionate to strike out the claims for abuse of process because of the amount of the defendant's potential…

The Tier 2 Riddle

January 22, 2016

On Tuesday the Migration Advisory Committee published a review of Tier 2 of the points based immigration system. It’s key recommendations are:

Privacy at Work- Barbulescu v Romania

January 14, 2016

As readers may be aware, there has been much discussion generated about the European Court of Human Rights case of Barbulescu v Romania.

Conveyancing and quick deals – more of the same or a new dynamic 2016?

January 14, 2016

New year, new chance. But who will care?

Trethowans Solicitors act for shareholders of Traceway Limited

January 13, 2016

The Corporate Team at Trethowans Solicitors has advised the existing shareholders of Traceway Limited on the sale of their majority stake to Chandlers Building Supplies Limited.

Psychoactive Substances

January 8, 2016

Let’s start the year on a high – a legal high! The Psychoactive Substances Bill is currently in Parliament and likely to reach the statute books in the spring.

Litigant in person named and shamed

January 4, 2016

Litigant in person named and shamed to highlight the challenges faced by the family court 

Trethowans Insurance team acts on important cross border case

December 30, 2015

Trethowans acted in the recent high profile High Court case of Marshall v (1) MIB (2) Pickard &  (3) Generali 2015.

Regulation 10 and other pitfalls

December 18, 2015

Carol was eagerly looking forward to a family Christmas; her 10 month old daughter’s first. She was also looking forward to returning to work in January at the end of her maternity leave. She loves her work as a senior events organiser. Last week she received a Christmas present from the company; a telephone call from the UK Operations Director who told her she wasn’t being reassigned…

Charity dinner is a record-breaker

December 16, 2015

Staff from Salisbury-based legal firm, Trethowans, have helped to raise £5,600 for people with spinal injuries.

Trethowans makes senior appointment as employment team goes from strength to strength

December 15, 2015

Leading regional law firm Trethowans has bolstered its employment and immigration team with the appointment of new partner, Kathryn Casey-Evans.

Key Appointments in Family Team for Trethowans

December 11, 2015

Leading Regional Law Firm, Trethowans has made two key appointments in recent months in its Family Team with the appointment of two new partners.

Residential Properties and the Immigration Rules

December 11, 2015

We all know the government is trying to stem the flow of migrants. The politics require no elaboration but don’t forget demographics; there are insufficient houses and public services to accommodate population growth in the next 20 years. This is the context in which the immigration Act 2014 tries to prevent illegal migrants from accessing housing.

Food for thought

December 7, 2015

Flamboyant food entrepreneur and reggae musician Levi Roots gave an audience of Solent business leaders food for thought at an annual growth summit.

The Season of Goodwill and Settlement Agreements

December 4, 2015

The pre-Christmas fire and settle season is now in full swing. As the BBC prepares to entertain us with endless repeats it’s timely to give a warm welcome to some dear old favourites.

Q2 Immigration statistics

November 27, 2015

The immigration statistics released by the ONS yesterday are a snapshot of the situation to the end of Q2 2015 (30 June). My interpretation of the headlines and comparing Q2 with Q1 is this:

Autumn Spending Review

November 26, 2015

The Autumn Spending Review contained news for all of us who deal with Employment Tribunals and courts – though we are a little bemused by the following sequence of statements:

Unmarried: Do I have any rights to the house?

November 26, 2015

A common misconception is that unmarried couples have the same legal rights as married couples when it comes to relationship breakdown. The truth is that the law actually leaves unmarried people relatively unprotected when it comes to dividing the assets at the end of a relationship; essentially what you own is yours and what your ex owns is theirs. But does this approach also apply to the house?

Family Dispute Resolution Week

November 24, 2015

This week is Family Dispute Resolution Week

Holiday Pay- The Latest Judgement from the CJEU

November 20, 2015

Kathleen Greenfield worked for Care Bureau. In the first half of 2012 she worked one day a week. In July she took seven days paid holiday which exhausted (and exceeded) her statutory entitlement for the holiday year.

Trethowans Solicitors act for the management team on their management buy out of AAP3 Limited

November 13, 2015

The Corporate Team at Southampton, Poole and Salisbury based Trethowans Solicitors has advised the management team of aap3 Limited in relation to their management buy out from the existing shareholders.

Trethowans Solicitors act for Harlow Bros Holdings Limited on their purchase of Bolt Building Supplies Limited

November 11, 2015

The Corporate Team at Southampton, Poole and Salisbury based Trethowans Solicitors has advised Harlow Bros Holdings Limited, located near Loughborough, in relation to their purchase of Bolt Building Supplies Limited.

No duties and no risk for the self employed?

November 4, 2015

This article will appear in a forthcoming edition of the Daily Echo Hampshire Business Supplement.

Trethowans scores prestigious legal ranking

November 2, 2015

Trethowans, has been ranked in one of the UK legal industry’s most prestigious lists.

Travelling Time

October 30, 2015

You’ll remember that on 19 June I wrote about Advocate General Bot’s guidance to the CJEU in a Spanish case about working time. In a nutshell he advised that travelling is an integral part of being a peripatetic worker so when service engineers drove from their homes to their first call of the day (and when they travelled home after their last call of the day) they were to be treated…

Fixed recoverable costs applied on multi track

October 22, 2015

A recent Appeal decision has provided welcome news to insurers by confirming that the fixed recoverable costs schedule under CPR 45.29A extends to claims allocated to the multi-track.

Trethowans reinforces its credentials in Legal 500

October 16, 2015

We have once again reinforced our position as a key player in the regional market with a number of commendations in the latest edition of the Legal 500.

Closing Courts

October 16, 2015

Between 2011 and 2014 the Ministry of Justice closed approximately 140 courts and tribunals in England and Wales.  It has recently undertaken another review and proposes to close a further 91.

Be full and frank or be warned!

October 15, 2015

On the 14th October 2015 The Supreme Court sent a very clear message to anyone who intends to hide or mislead the courts in family proceedings.

Safe Harbor

October 9, 2015

On 6 October 2015 the European Court of Justice ruled that the US-EU ‘Safe Harbor’, the agreement that for years businesses have relied on to transfer their customers’ personal data back and forth across the Atlantic, is invalid with immediate effect.

The Immigration Bill 2015

October 9, 2015

This year’s immigration bill has its second reading next week.  Its more eye catching proposals are:

Companies as Victim

October 2, 2015

I haven't taken to the ether for a while because Parliament and the courts have been on holiday and I’ve have been riding my bike in the Usk Valley and the Brecon Beacons.  I knew it was a steep ascent when my front wheel lost traction due to the extreme gradient – going down the other side was a bruising reminder of the force of gravity!

Trethowans and Dickinson Manser officially Merge

October 1, 2015

Two of the south’s leading law firms officially merged on Thursday 1st October 2015. Trethowans, which has offices in Southampton and Salisbury, merged with Poole-based Dickinson Manser to create one of the largest legal practices in the region.

How will the new Consumer Rights Act affect your business?

September 25, 2015

The new Consumer Rights Act (the “Act”) will come into effect on 1 October 2015; bringing with it changes to the law that are intended to improve clarity and understanding and increase the confidence of both the consumer and the businesses directly selling to them. It is therefore important that your business, and its staff, is aware of these changes and is ready to comply with the…

Small Business, Enterprise and Employment Act 2015

September 24, 2015

The Small Business, Enterprise and Employment Act 2015 (the “Act”) achieved Royal Assent in March this year, and will be implemented gradually over the next 15 months, currently in six stages.

Protecting Your Domain – What’s In a Name Anyway?

September 22, 2015

The start of 2015 has seen a large number of new generic top level domain names (gTLDs) created, in numbers previously unprecedented in the history of the internet. A gTLD is the suffix used in web addresses (for example .com or .co.uk). These had previously been restricted to 22 versions and the number of gTLDs is set to rise from 22 to 617 by the end of 2015.

Flight delay claims and your business

September 11, 2015

EU regulation 261/2004 provides passengers with a right to compensation of up to £470 if their flight is delayed for more than three hours or cancelled. This applies to any flight leaving any airport in the EU, Norway, Switzerland or Iceland as well as flights into the EU from a country outside of the EU on an EU-based airline or from Norway, Switzerland or Iceland. Historically airlines…

The UN Convention on Refugees

September 4, 2015

I’ve recently argued a case under the UN refugee convention so find myself reflecting  on the current tragedy with rather more than a humanitarian perspective. The UK was one of the original signatories to the convention along with Australia, Austria, Germany, Greece, Iraq, Turkey, the former Yugoslavia and others.

What does your conveyancing solicitor mean by ‘completion’ of your house move and at what point does it happen?

September 1, 2015

‘Completion’ is the date set in the contract for when the transfer of legal ownership is to take place (i.e when the buyer sends the seller the sale prices, and the seller then releases the keys to the property).

Immigration Statistics

August 28, 2015

The ONS statistical bulletin published yesterday is a snapshot of what happened in the year to 31 March. The bulletin is on ONS website (www.ons.gov.uk) and reveals a more complex picture than that painted by the media.

Slow conveyancing equals bad PR

August 25, 2015

Conveyancers are instructed to buy or sell a property. That is the brief, the end result. The longer they take, the less popular they will be in the eyes of their clients, but also in the eyes of fellow conveyancers, their clients, the estate agents and mortgage advisers.

Indirect Discrimination – The Bulgarian Extension

August 21, 2015

Anelia Nikolova runs a grocery shop in the Gizdova Mahala district of Dupnitsa in Bulgaria.  Most of the population of the district are Roma though Anelia proudly asserts her Bulgarian ethnicity.

Your home move, and the avoidable two week delay

August 18, 2015

Sounds easy, doesn’t it; the selling lawyer receives verbal instructions to handle the legal work in selling the client's home, they immediately go onto the Land Registry website to obtain a copy of the registered title deeds from which they type up the contract papers, dispatching them to the buyers' conveyancer….that same day.

Interesting New Law

August 7, 2015

"1(1) a person commits an offence if –

Where conveyancing profit can motivate a breach of Solicitors’ Code

August 6, 2015

The Solicitors Regulation Authority (SRA) demands a high level of ethical standards for Solicitor practices for the benefit of their clients, the general public.

Moving Home: How long will it take?

August 3, 2015

At Trethowans we expressly inform conveyancers of our target of 4 weeks to an exchange of contracts.

A week in the life of a Conveyancer

July 31, 2015

You have read what a day in the life of a conveyancer is like, now here is a what a whole week is typically like:

Assured tenancies, rent increases and s13 Housing Act 1988

July 29, 2015

In the recent case of Helena Partnerships Limited v. Brown [2015] the importance of sections 13 and 14 of the Housing Act 1988, (‘the Act’), to rent increases was put under the spotlight again.

Immigration Scam

July 28, 2015

Colleagues in the fraternity of immigration lawyers are reporting that a nasty scam is doing the rounds.  It’s preying on the vulnerabilities of bona fide visa holders.

Choosing the wrong conveyancer and the wrong estate agent

July 15, 2015

Which is worse, choosing the wrong conveyancer or the wrong estate agent? Both can cost you financially, and in terms of stress.

Rule 245HF

July 10, 2015

The rules of Tier 2 of the Points Based Immigration System were changed on 6 April 2012.

July Budget- What this means for our Clients

July 9, 2015

George Osborne has, this week, announced a change in the inheritance tax allowance which, by April 2020, will allow a couple to pass on their main property with a value of up to £1million to their children or grandchildren without paying any inheritance tax. A word of warning. This applies only to houses left to the children. It does not apply to other family assets.

Agency, losses from breach of fiduciary duty

July 7, 2015

The case Northampton Regional Livestock Centre Co Ltd v Cowling [2015] EWCA Civ 651; [2015] PLSCS 197 concerned the sale of commercial property. The company that owned the site instructed agents, who were practicing in partnership together, to find a purchaser for it. The partner who handled the sale introduced a buyer who, unbeknown to anyone else, had promised to pay him a third of any uplift…

Productivity

July 6, 2015

The ACAS Strategy Unit has just published a report on ways in which workplace infrastructure can deliver significant improvements in output.  ACAS identifies seven "levers" for productivity:

Banking & Mortgages

July 3, 2015

In the case of NRAM plc v Evans and another (2015), the High Court was asked to consider whether an electronic discharge of a legal charge should be set aside and for the register to be rectified to reinstate the legal charge.

Hidden Improvement Costs- change is coming in 2018

July 3, 2015

It may seem a long way off, but from April 2018 landlords "may not let" commercial properties with an EPC rating of F or G unless improvement is not practicable or an exemption applies (for example, if the tenancy is for a term of 6 months or less).  Similar regulations will apply to residential properties.

Travelling Time Is Working Time

June 19, 2015

You might think the tentacles of the Federacion de Servicios Privados del sindicato Comisiones Obreras can't possibly stretch to the UK. That doughty French Advocate General of the CJEU, Yves Bot, has other ideas. He's just published guidance to the Court which will ruffle feathers if it is followed – and the Court usually does follow the AG.

Don’t forget – your conveyancer is also a party to your home move

June 15, 2015

Really? They do not own your house, they are not contributing money to the purchase. So why are they a party when it comes to you moving home?

Court questions claims for travel anxiety

June 12, 2015

In the case of (1) N S (2) H S v AXA INSURANCE (2014)         

Restrictive Covenants

June 9, 2015

The slow return of corporate confidence and the unexpected clarity of the colour of our new government have brought restrictive covenants back to the fore.  I am currently creating restrictions for one client and trying to avoid covenant litigation for three others. 

Online Defamation – Troll Hunting to Protect Your Business

May 29, 2015

In today's world, trolls seemed to have upped roots and left the bridges of fable and have found their way onto the internet, which seems to pervade almost all aspects of modern life and business. It is hard to find a week of media coverage that does not to refer to some form of abuse received online by a public figure or celebrity. False statements posted about your business, whether they…

Parking charge not an unenforceable penalty in the Court of Appeal

May 28, 2015

Parking charges are consistently challenged by motorists on the basis that they consider them to be penalties which are unenforceable in contract law.

Having a memorable corporate name is important for all businesses

May 28, 2015

Many companies use their name for a variety of marketing activities, but do you know legally where you are supposed to display, and give details, about your company?

Defendants in credit

May 22, 2015

Credit hire has long been a heated topic demanding air time in Court.  Such claims arise where a driver has a non-fault accident and obtains a replacement vehicle on credit from a credit hire company, and then seeks to recover those credit hire costs from the at-fault party.

The costs of owning a flat

May 18, 2015

As with a freehold house, you can expect to pay the usual utility bills (e.g gas, electricity, water and telephone), and of course Council Tax.

Call the Information Commissioner

May 15, 2015

The EAT has recently decided a case concerning unfair dismissal and the unauthorised disclosure of material to the Information Commissioners Office.  This is about the latter.

Insurance Institute of Southampton appoints leading lawyer as its new president

May 14, 2015

One of the south’s leading litigation lawyers has been appointed president of the Insurance Institute of Southampton.

Does my conveyancer need to see my survey report?

May 13, 2015

Few conveyancers will ask for sight of your private survey. Aside from running into dozens of pages, it is of course your private health check report, guiding you as to whether you should buy the property, which you will have walked around yourself and made an offer on.

Don’t forget to agree a target timescale when moving home

May 11, 2015

Don't forget to agree a target timescale when moving home.

Right Result Wrong Route

May 8, 2015

Ms Jinadu was a bus driver. She was reported to have pulled out into the path of cars, driven one- handed, clipped kerbs, showed poor lane discipline, run a red light and accused a motorist who complained about her of being drunk. She refused to go to her employer's training centre for a skills assessment and challenged the use of CCTV footage of her driving. She was suspended. In the…

Is there a time limit on claiming money from an ex-partner after divorce?

May 1, 2015

Let me tell you a true story.

Collective Redundancies & Establishments

April 30, 2015

The CJEU has today published a summary of its very important judgement in the Woolworths & Ethel Austin litigation concerning the meaning of “establishment” in the context of collective redundancies. In a nutshell the question was whether “establishment” means the particular workplace to which the employee was assigned to work or the employer as a whole?

Two leading Southern law firms join forces

April 30, 2015

We are delighted to announce that terms have been agreed for a merger between Trethowans and Poole based law firm, Dickinson Manser with the official merger set to take effect in October.

The weird language of conveyancing

April 29, 2015

Ever heard a lawyer mention 'disbursements', 'office copies', 'TT fee', 'fee earner', 'exchange of contracts', or 'completion'? Conveyancers hear these words all the time, but what do they mean?

Why would a law student want to be a conveyancer?

April 27, 2015

Ask a conveyancer why they enjoy their job, and you will hear such positive things as:

A Bad Warning

April 24, 2015

Mr Way was a Contracts Manager. He emailed his line manager the text of his “inappropriate” new telephone greeting. A few weeks later Mr Way was given a final written warning for assisting in the recruitment of his ex-partner’s son by completing the application, not disclosing the connection or his involvement and by advising the applicant to submit the form through an agency to…

Why are conveyancers so expensive? Or are they…

April 23, 2015

In comparison to what? If against estate agents, mortgage advisers, mortgage lenders, surveyors, removal men, then they are one, if not the lowest priced, yet for all the weeks of work they do for their client.

Should I have a survey carried out when buying a house/flat?

April 22, 2015

Second hand houses/flats do not come with a warranty, like a car might, so when buying one, it is down to you to make sure there are no costly repairs needed as soon as you move in. For example, roofs that need replacing, the building sinking into the ground, walls cracking, drains blocked.

Civil Court Levy

April 17, 2015

As of 9 March 2015 civil courts will levy a 5% fee on all claims valued at more than £10,000, with the maximum fee capped at £10,000. This represents a hefty 420% increase. As a partner in our Personal Injury Team, specialising in occupational disease claims, you might expect me to be concerned about the changes, and of course I am. By way of example, I was forced to issue a case last…

How quickly should a conveyancer do the legal work on a property sale/purchase?

April 16, 2015

Conveyancers should be prompt, never 'quick'. Quick suggests errors, and errors can cost you dearly.

Shared Parental Leave

April 16, 2015

“The rules have been designed to be as straightforward for employers and parents as possible, and are no more complex than the current maternity leave laws…” . The Minister for Employment Relations (Jo Swinson MP).

Data protection and your business

April 15, 2015

Data Protection is a fast-developing area of law that concerns every business whatever its size and whatever it does. Any business that ignores its responsibilities and obligations under the law risks a fine of up to £500,000.

Why not ask your conveyancer which estate agent you should use?

April 14, 2015

As you might imagine, conveyancers work with all the estate agents around their offices, and so will know who perform well, and who do not.

£47 + VAT conveyancing fees

April 13, 2015

By any standard that would completely disrespect your property move. But low headline conveyancing fees can be persuasive – unless you appreciate that with low cost of course comes reduced service, or quite possibly hidden charges, making the final bill vastly different.

A year on from significant changes to the law surrounding bailiffs

April 13, 2015

In last years spring/summer briefing we wrote about the new laws relating to bailiffs that were introduced in Part 3 of the Tribunals, Courts and Enforcement Act on 06 April 2014.

Win on all points and still lose 1/3 of costs for failing to mediate

April 10, 2015

In the case of (1) JANE LAPORTE (2) NICHOLAS CHRISTIAN v COMMISSIONER OF POLICE OF THE METROPOLIS (2015)  the High Court has fired another shot across the bows to any parties to litigation who fail to engage in meaningful negotiation.

The Busy Conveyancer

April 10, 2015

Popularity is one thing, but a conveyancer who finds themself too busy to communicate with you, whose assistant may take over, or where the level of service you were expecting drops to an unacceptably low level, is a situation you should avoid – your property sale/purchase is too important to face such service.

All packed and ready to go?

April 7, 2015

Some of the holiday essentials when planning the well earned break over the Easter holidays.

Spring clean your affairs

April 7, 2015

With spring in the air, we all begin to dust off those winter cobwebs and start the tidy up of our homes and gardens. At that same time, why not consider a spring clean of your financial affairs? For example, what provisions do you have in place for your loved ones if the worst were to happen? Has your Will been reviewed on a regular basis? How organised are you if one day you no longer had the…

Requirement to Renew Personal Licences Abolished

April 1, 2015

Good news for the licensed trade as The Deregulation Bill has now received Royal Assent and as a result there are a number of amendments to the Licensing Act 2003 as follows:-

Trethowans LLP Lawyer named in Vouched For’s UK Top Rated Solicitors in the Sunday Telegraph

March 31, 2015

James Braund, personal injury and clinical negligence solicitor at Trethowans, has been named as one of the UK's leading solicitors by Vouched For, in its guide to the UK's leading solicitors, accountants and financial advisors, published in the Sunday Telegraph.

Minimum Pay

March 30, 2015

In the last five weeks I've advised four employers on issues under the National Minimum Wage Regulations. Three of my clients didn't realise they had a problem until it hit them. Of course all these cases turn on their own facts but there are some points which have general application:

Essentially Unwilling

March 20, 2015

My client is a highly qualified professional man from South East Asia who came to this country in 2006. He has remained here lawfully on a series of student and work visas. Last year he married a British citizen and applied for limited leave to remain on the basis of his marriage.

A March Miscellany

March 13, 2015

Disciplinary Procedures

Discriminatory Bonus Schemes

February 20, 2015

An old chestnut which drops onto my desk from time to time is whether an employer can pay a bonus to Stakanovites who never take sick leave? My answer has always been to steer clear of attendance related bonuses because they're probably discriminatory and can encourage bad practice – when you're under the weather with man flu we'd rather you don't come in and let the air…

Change at the Top

February 19, 2015

Change is afoot at Trethowans as Head of Litigation Services Group Chris Whiteley will become managing partner while Simon Rhodes moves to Senior Partner from 31 March 2015.

Asbestos in schools

February 19, 2015

I have been very busy building up an occupational disease caseload since I joined the firm as a partner in the Personal injury team earlier this year. My main focus is on respiratory diseases, especially those caused by asbestos exposure, and I now act for over twenty newly diagnosed victims of mesothelioma, asbestosis, asbestos lung cancer and pleural thickening. I deal with every such case on a…

The Diffuse Mesothelioma Payment Scheme: Changes to tariff rules

February 17, 2015

What this means for Asbestos Victims

Holiday Pay: One for the HR Team

February 13, 2015

Last November’s EAT decision is still causing HR practitioners to stop and think if they should be doing something about it. That’s not surprising. I first looked at this in depth about 10 years ago in the context of pilot’s flying allowances so the issue’s been bouncing around for too long.

United Law launches new website

February 12, 2015

United Law, the South’s leading regional support network for independent law firms, has launched its new website www.unitedlaw.co.uk.

Country & Legal: Draft Infrastructure Bill

February 9, 2015

This article was published in Blackmore Vale Magazine on 6 February 2015.

Choosing Your Child’s School

February 5, 2015

Parents have always had the unenviable task of completing school admission applications for the following academic year. Gone are the days when children would simply move on from primary school to their catchment secondary school. Instead, parents are now required to carefully consider what suits their child best and set out their choice of schools in order of preference. Then there is the…

Bad Language

January 30, 2015

Mr L was employed as a risk and loss prevention investigator by a retailer with stores across the UK. He covered 100 stores in the North-East of England.

Minimum Income Threshold

January 23, 2015

One of the more challenging aspects of my immigration practice is trying to assist families kept apart by the minimum income threshold in the Immigration Rules. In a nutshell this requires applicants or their partners (parents in the case of children) to have an annual gross income in the UK of at least £18,600 (more if they have dependent children) alternatively savings of up to…

Property Deeds Fraud: Whos at Risk?

January 21, 2015

In three words – all of us. The vast majority of properties in England and Wales are registered at H M Land Registry and therein lies the problem.

Insurance team achieves recognition

January 19, 2015

Trethowans Insurance Litigation Team has achieved recognition in each of the two leading legal directories.

A Monday Mind Mangler

January 19, 2015

Ewaen Ogieriakhi was Nigerian. In 1998 he sought asylum in Ireland. While waiting for a decision on his application he married Laetitia Georges, a French lady living in Ireland under EU Treaty Rights. In 1999 Ewaen was granted temporary residency in Ireland.

Disqualification by Association

January 16, 2015

The Department for Education recently revised its advice on safeguarding children up to the age of 8. The advice stands as a new interpretation of the disqualification criteria under the Childcare (Disqualification) Regulations 2009. These disqualify people cautioned for or convicted of certain violent or sexual offences from working in nurseries, primary or secondary schools.

Your Choice Of Medical Expert Threatened

January 14, 2015

Under amendments to be made to the Pre Action Protocol for Low Value Personal Injury Claims in the Road Traffic Accident Protocol a Claimant will no longer have free reign to instruct any expert they wish, to prepare medical evidence in support of their claim.

Masterclass Offer

January 13, 2015

In response to my piece about Settlement Agreements last Friday I’m delivering a Masterclass to one of my correspondents HR team next month.

Caste Discrimination

January 9, 2015

Caste discrimination made a brief appearance in the employment firmament last year. It’s just cropped up again in the EAT. This is to get my tuppence worth in before Jeremy Vine and the rest of the media cohort seize the wrong end of the stick again (see my recent post about obesity) – assuming of course they can tear themselves away from the unfolding tragedy in France.

Sows’ Ears and Silk Purses

January 9, 2015

The recent festive season brought more than its fair share of Settlement Agreements as HR teams cleared their decks for the New Year. We see this every year but the novelty this time was that almost all of the agreements I saw failed to hit the spot.  My favourites were:

Festive flair from St Marys CE Primary School artists

December 23, 2014

Three pupils from St Mary’s CE Primary School were the lucky finalists in Trethowans’ design a Christmas card competition.

Things to consider before you go on that Skiing holiday

December 22, 2014

Recent high profile cases such as that of Michael Schumacher have raised the profile of Skiing and safety issues. However, whether there is going to be any snow or how deep it will be should not be your only concern before you hit the slopes this winter. Where you book your ski pass could be a big problem if things go wrong.

In what circumstances can company directors be liable for the costs of their company’s litigation?

December 12, 2014

Company directors invariably litigate in the belief that if they lose the company will pick up the costs and they cannot be personally liable because the debt is owed by a limited liability company. However, there has been an increasing trend on the part of successful litigants to seek costs orders against directors personally and for the court to grant those applications. So directors…

New procedure for recovering debts and what this means for your business

December 12, 2014

Until now the procedure for commencing debt recovery has been fairly quick and straightforward. The norm is for a standard letter before action to be sent requesting payment within 7 or 14 days and if payment is not received court proceedings are issued.

Further Plans to Address Dishonesty in Claims Proposed

December 12, 2014

The Criminal Justice and Courts Bill, which is currently being considered by Parliament, is expected to be passed into law by early next year (probably April 2015). The current Clause 49 concerns personal injury claims where a finding of fundamental dishonesty has been made. It is important to note that this Clause only applies to personal injury claims and not other civil claims.

Landlord’s liability to pay Business Rates

December 12, 2014

Whilst commercial premises are let, a landlord is assured that its tenant will be paying the business rates, since it is usual for a tenant to be obligated under a lease to pay all outgoings, including rates.

Country & Legal: Cap alert!

December 12, 2014

This article was published in Blackmore Vale Magazine on 30 November 2014.

Stamp Duty savings, but companies and high value owners beware

December 4, 2014

On Wednesday 3rd December, the Chancellor announced a complete reform of Stamp Duty (SDLT tax) in England & Wales – making it a graduated tax like income tax – and with effect from midnight that same day (i.e 4th December):

Cyber Risk and Insurance

December 3, 2014

This article appeared in the Hampshire Chamber of Commerce Chamber News December 2014.

Timed out

December 2, 2014

I’m acting for a couple of unconnected clients employed in different parts of the public sector. One is suspended pending a disciplinary investigation, the other is suspended pending a grievance investigation into allegations that her Line Manager bullied her and disclosed sensitive personal information to an unauthorised third party (that the employer has suspended my client and left the…

Problems with procurement

December 2, 2014

In October 2014 a claim brought by Willmott Dixon Partnership Ltd (“WD”) against the London Borough of Hammersmith & Fulham (“H&F”) came to court. The claim arose from a tender issued by H&F for a housing repairs and maintenance contract worth some £177m. WD were the incumbent contractor for H&F’s housing repairs and maintenance services, but…

Holey-moley my poor garden!

November 17, 2014

Now I know I hear you cry that I'm making a mountain out of mole hills, but there really is nothing more devastating than seeing your beautiful garden be invaded by mole hills and vein-like surface tunnels. Sadly moles' poor eyesight means they completely bypass the no entry signs when it comes to our gardens. It's not only the lawn that is under threat, root and bulb disturbance are…

Trethowans LLP personal injury and clinical negligence team recognised in Chambers & Partners 2015

November 11, 2014

The personal injury and clinical negligence team at Trethowans LLP have received further recognition in the renowned Chambers & Partners 2015 edition. Chambers & Partners have been publishing their guides to the legal profession since 1990, carrying out an independent review of law firms and canvassing opinion from clients, contacts and other law firms.

Trethowans LLP personal injury and clinical negligence team recognised in Chambers & Partners 2015

November 11, 2014

The personal injury and clinical negligence team at Trethowans LLP have received further recognition in the renowned Chambers & Partners 2015 edition. Chambers & Partners have been publishing their guides to the legal profession since 1990, carrying out an independent review of law firms and canvassing opinion from clients, contacts and other law firms.

Trethowans legal firm continues to impress

November 11, 2014

Leading Solent law firm Trethowans is proud to announce that 22 of its lawyers and nine of its legal teams have been praised by the Chambers UK 2015 Directory.  These results mean that 80% of Trethowans’ partners have been independently recognised as leading experts in their legal fields.

Trethowans legal firm continues to impress

November 11, 2014

Leading Solent law firm Trethowans is proud to announce that 22 of its lawyers and nine of its legal teams have been praised by the Chambers UK 2015 Directory.  These results mean that 80% of Trethowans’ partners have been independently recognised as leading experts in their legal fields.

Law provides for presumption of parental involvement

November 11, 2014

Back in 2011, the Family Justice Review chaired by David Norgrove recognised that "most children benefit from a relationship with both parents post separation" and "shared parenting should be encouraged where this is in the child's best interest".  However, it recommended against a change in legislation that would create a legal presumption of shared parenting.

Are you ‘tyre-safe’?

October 31, 2014

This article was published on Cornish Mutual's guest blog on 31 October 2014.

Pyongyang Postponed

October 31, 2014

Last Tuesday evening the House of Lords rejected most of the governments proposed changes to Judicial Review. In this context the Criminal Justice and Courts Bill proposes to:

Independent law firms in the South unite to provide comprehensive legal services

October 24, 2014

Law firms in Dorset, Wiltshire, and Hampshire are benefitting from a free support and referral network thanks to leading regional law firm, Trethowans.

The rules they are a changing

October 24, 2014

A new "genuine vacancy" test will be added to applications for visas under Tier 2 (Intra Company Transfer) and Tier 2 (General) with effect from 6 November. The test will enable UK Visas and Immigration to refuse applications if it reasonably believes:

Team Solent gears up for competitive race

October 21, 2014

Shared Parental Leave; don’t shoot me, I’m only the messenger!

October 17, 2014

Shared Parental Leave (SPL) is upon us. It will apply in the case of any child expected to be born on or after 5 April 2015. Make yourself a double espresso, reach for a fresh flaky croissant and here we go:

Solent law firm Trethowans expands into new premises

October 9, 2014

Leading Solent regional law firm Trethowans has announced the relocation of its Southampton Office to Botleigh Grange Business Park at Hedge End.

Solent law firm Trethowans expands into new premises

October 9, 2014

Leading Solent regional law firm Trethowans has announced the relocation of its Southampton Office to Botleigh Grange Business Park at Hedge End.

The High Court provides further clarification on Rome II

October 9, 2014

Judgment was handed down earlier this week in the case of Winrow v Hemphill, where an English Claimant had been injured in a crash which took place in 2009 in Germany.

Trethowans achieve 15 recommendations for teams in Legal 500 listing

October 6, 2014

Regional law firm Trethowans has reinforced its position as a key legal practice in the South West with 15 recommendations for its legal teams and 22 ranked lawyers, in the latest Legal 500 listing.

Repealing the Human Rights Act

October 2, 2014

In his speech to the Conservative Party conference yesterday the Prime Minister said "…and as for Labour's Human Rights Act? We will scrap it once and for all." Repealing the act is quickly done but it begs the question, what's the point?

Country & Legal: Badgers versus hedgehogs

October 1, 2014

This article was published in Blackmore Vale Magazine on 29 September 2014.

Passengers & your duty of care

September 30, 2014

This article was published on Cornish Mutual's guest blog as part of their first Young Driver Awareness Week, taking place between Monday 29th September – Friday 3rd October 2014.  As well as special guest blogs, it features videos highlighting the biggest dangers that young drivers face.  To get involved please follow #YoungDriverAwarenessWeek.

Equal pay audits

September 19, 2014

A few years ago Tony Blair's government hit upon the idea of naming and shaming employers who break the law. They started with those who failed to pay the National Minimum Wage and moved on to those who employ migrants illegally (now fondly known as "rogue" employers). On 1st October the principle will be extended to employers who fall foul of equal pay claims. You’ll notice…

The new health and work service

September 15, 2014

The new Health and Work Service starts in October 2014 and will be fully operational by May 2015. The government has out-sourced the service to Health Management Limited (HML), a subsidiary of Maximus Inc, a US corporation which manages social programmes in the USA, Canada, Australia, Ireland and Saudi Arabia.

Road Closed

September 12, 2014

The road to Dartmoor Prison is high, bleak and exposed – well, of course it is. The prison was built in the eighteenth century to contain French prisoners of war!  On 18 January 2013 the road was closed at the Yelverton roundabout because of snow and a threat of more to come.

The duty to make reasonable adjustments

September 12, 2014

The case of Coleman v Attridge Law found that an individual could be discriminated against because of their association with a disabled person. For example, if an individual is dismissed because their child was disabled and, as a result, they were likely to take significant amounts of time off work to care for that child, then that dismissal would be automatically unfair. This decision was…

Illegality

September 11, 2014

In a notable act of compassion on 30 July 2014, the Supreme Court ruled that an employer's defence of illegality (to a claim of racial discrimination on dismissal from unlawful employment) was trumped by a public policy point that this is an affront to justice (Hounga v Allen). The facts of the case are bleak but speak for themselves.

Disability discrimination

September 10, 2014

In 2013, the Danish courts referred the case of Kaltoft v Municiaplity of Billund to the Court of Justice of the European Union (CJEU) to determine whether obesity constitutes a disability.

Keeping a record of changes to tenancy agreements

September 9, 2014

In the recently reported case of London Borough of Waltham Forest v Mahmood Mr M was the son of the late Mrs M, who held a secure tenancy of a 3 bedroom flat with LBWF from 1982 until her death in September 2011. At some point in the months prior to her death, Mr M moved in with his family and upon the death of his mother he applied to succeed to the tenancy. LBWF refused his application on the…

The rule of law (part 2)

September 9, 2014

In 2012, the Immigration Rules were amended to create a requirement that anyone sponsoring the entry to the UK of a non EEA spouse must demonstrate a minimum income of £18,600 gross per annum.  The change was, of course, driven by political considerations but it also had important economic implications.  It was estimated to produce savings of £530 million on welfare…

Trethowans Managing Partner to speak at business growth summit

September 9, 2014

Scores of business leaders across the South are set to attend a special business growth summit being held in Southampton.

Well done Kingston Maurward, Dorchester, students

September 8, 2014

This article was published in Blackmore Vale Magazine on 2 September 2014.

Fair or Foul?

September 8, 2014

Mrs H was employed by an NHS Trust. September 2006 was a difficult month. Her son left home to start university, her mother (for whom she was the principle carer) fractured her thigh and her brother-in-law died. It got worse. In December her husband left her and she was diagnosed with Breast Cancer. She became depressed.

The taxation of termination payments

September 8, 2014

The Office of Tax Simplification is completing a final consultation into the taxing of termination payments made to employees at the end of their employment. The government believes that these payments give rise to confusion over how they should be taxed.

Penalty clauses

September 5, 2014

The EAT has revisited the old chestnut that is employees leaving without working their notice. Some employers try to mitigate the damage through the employment contract but Li v First Marine Solutions Limited and Moutrey shows that this is not as simple as it appears.

New Guidance on Mandatory Licensing Conditions

September 4, 2014

Please find below a link to Home Office Guidance issued yesterday on the revised mandatory conditions coming in to force from 1st October 2014.  The new Guidance has been issued to clarify and tighten up the 2010 mandatory conditions, and will apply to all on-licensed premises.

The rule of law (part 1)

September 4, 2014

It has been a bad month for the Rule of Law.

Dismissals and reasonableness

September 3, 2014

Kevan Sweeney was a Fireman with Strathclyde Fire and Rescue. He was under stress and, in March – June 2010, took a short term assignment overseas.  He failed, however, to follow Strathclyde's HR procedures so his absence was unauthorised. He was suspended on his return and in August 2010 was given a final written warning. In the meantime, Mr Sweeney assaulted his wife and broke…

References

September 2, 2014

A recent case in the High Court, AB v A Chief Constable, considered whether the Chief Constable of a police force had a duty to provide further information to an employee's potential new employer that included details of outstanding disciplinary action and a long period of sickness absence, when he had previously provided a standard reference.

Flexible working

September 1, 2014

Rachel Collins primed us for the new rules on requests for flexible working in our last bulletin. Since then, we have had time to reflect on the unintended consequences of tweaking by secondary regulation. How about reduced scope for claims of discrimination by parents and carers because the rights which they previously enjoyed, exclusively, are now open to all of us subject to qualifying service…

The Family Test – Rhetoric & Reality

August 29, 2014

The Prime Minster has announced a new Family Test which will be applied to all domestic policy. He said:

What are provisional damages?

August 29, 2014

The use of provisional damages is becoming more prevalent in personal injury and clinical negligence claims.  But what exactly are provisional damages? Personal injury and clinical negligence compensation has always traditionally been paid in a lump sum in full and final settlement of a successful claim.  Once settled, there is no scope to re-open a case and pursue additional…

Vicarious Liability – When is an employer responsible for his employee’s actions?

August 22, 2014

Accidents and injuries at work or in public places are often caused by an individual’s negligence. So how does an injured person go about bringing a claim in such circumstances?

Estate agents are voting for dynamic conveyancing

August 21, 2014

Now in its third year, the Law Firm Services’ (LSF) conveyancers awards ceremony is taking place in Coventry on 24th September 2014 in support of conveyancers – or more accurately, those conveyancers whose service is worthy of an award. 

Today’s Conveyancer: Interview with Tim Higham of Trethowans

August 19, 2014

The below interview was published in Today's Conveyancer on 28th July 2014.

High Court stress need for due diligence in cross border cases

August 18, 2014

In the case of HYDE v SARA ASSICURAZIONI SPA (2014) the High Court decided that a cap on the amount of damages that could be awarded to a British claimant in a road traffic accident in Italy, under an Italian insurance policy, was not to be reduced to take into account the fact that other claims made in respect of the same accident had already been paid out, because the insurer had not used due…

Simpler Tax Rules on Employee Benefits

August 15, 2014

The Office of Tax Simplification has recently published its third and final report on employee benefits and expenses. Stay with me; the report is well written and surprisingly interesting.

Rights of Way – no laughing matter

August 12, 2014

This article was published in Blackmore Vale Magazine on 25 July 2014.

Capacity & Children

August 4, 2014

Parents of vulnerable children will find themselves embroiled in a world of care and/or medical decisions that in some cases will have to be taken on a daily basis. Over time they will develop an understanding of the complexity of their child’s unique medical and care needs. They will be consulted by all professionals involved in their child’s care, placing them, justifiably in a…

Trafficking, Illegality and Compassion

August 4, 2014

In a striking act of compassion the Supreme Court ruled that an employer's defence of illegality was trumped by public policy that this is an affront to justice. I'll let the facts speak for themselves.

The importance of following your own policies

July 31, 2014

In the case of Peabody Trust v Steven Evison (By his litigation friend) Wandsworth County Court 17 July 2014 Mr E was the assured tenant of Peabody. In 2012, Mr E’s rent account began to fall into arrears. In September 2012 he was visited by a Peabody officer (the only one to deal with Mr E’s tenancy through this time). The officer noted that Mr E was hearing impaired, but said he…

Trethowans Solicitors act for Dorset Architectural Ironmongers Limited as they join forces with Spiller Architectural Ironmongery Limited

July 31, 2014

Following advice from the Corporate & Commercial Team at Southampton and Salisbury based Trethowans Solicitors, Dorset Architectural Ironmongers Limited ("DAI"), based in Dorchester, has joined forces with Spiller Architectural Ironmongery Limited ("Spillers"), based in Yeovil.

Trethowans Solicitors act for Dorset Architectural Ironmongers Limited as they join forces with Spiller Architectural Ironmongery Limited

July 31, 2014

Following advice from the Corporate & Commercial Team at Southampton and Salisbury based Trethowans Solicitors, Dorset Architectural Ironmongers Limited ("DAI"), based in Dorchester, has joined forces with Spiller Architectural Ironmongery Limited ("Spillers"), based in Yeovil.

The Rule of Law (The Sequel)

July 28, 2014

I can't remember when the Home Secretary last went to court and came out smelling of roses but it's just happened and should be acknowledged.

The Rule of Law

July 18, 2014

It has been a bad couple of weeks for the Rule of Law.

Trethowans Solicitors act for the sellers of Sunak Pharmacy to Pharmalink (London) Limited

July 15, 2014

The Corporate & Commercial and Commercial Property Teams at Southampton based Trethowans Solicitors have advised the sellers of Sunak Pharmacy on Burgess Road, Southampton to Pharmalink (London) Limited.

Conveyancing – It’s about exceeding clients’ expectations

July 14, 2014

The quality of conveyancing in England and Wales ranges wildly.  The best people to know this are Estate Agents who face conveyancers day in/day out, and of course, conveyancers themselves who deal with opposite law firms as part of their work.  Every conveyancer has their own mental list of who they would never recommend to their friends and family, let alone to a client – and the reason…

The elasticity of reasonableness

July 11, 2014

Kevan Sweeney was a fireman with Strathclyde Fire and Rescue. He was under stress and in March – June 2010 took an assignment overseas. However he didn't follow Strathclyde's procedures so his absence was unauthorised. He was suspended on his return and in August 2010 was given a final written warning. In the meantime Mr Sweeney assaulted his wife in July 2010 and was prosecuted. He…

Conveyancers – too slow?

July 7, 2014

Moving home is highly emotional.  You agree an offer and you want to move in/out to a timescale that you want.  Sadly, this is rarely possible.  First a buyer must finalise their mortgage.  This can run into weeks of paper pushing.  They will also arrange a survey which can take place often a week or ten days.  And in parallel with both of these they will (as you…

Requests for flexible working

July 3, 2014

My readers in the UK will have heard about the new rules on requests for flexible working arrangements but what about the unintended consequences of social engineering by secondary legislation?  How about reduced scope for parents and carers to claim discrimination as the rights they previously enjoyed exclusively are now open to all of us (subject to qualifying service and the bureaucracy)?…

Teat tampering is udderly despicable

July 2, 2014

This article was published in Blackmore Vale Magazine on 28 June 2014.

How long should a house sale or move take?

June 30, 2014

The answer is that it depends on how quickly you and your seller and every other party in the chain want it to take.  If you are the buyer of the property your seller will have their preference, and if they are buying onwards their own seller will also have a preference and so it continues.

Beware the dreaded Chancel Repair Liability

June 27, 2014

This article was published in Blackmore Vale Magazine on 24 June 2014.

A new era in enforcement

June 27, 2014

On 6 April 2014 Part 3 of the Tribunals, Courts and Enforcement Act 2007 came into force. Amongst others things, this legislation aims to make the law surrounding Bailiff’s more straightforward and clear on what Bailiffs are entitled to do.

Out of jurisdiction – out of mind?

June 26, 2014

The world is becoming an increasingly smaller place. With various international travel modes providing cheaper and cheaper fares and with the globalisation of business – the simple fact is that more people are travelling abroad than ever before.

Mediation: paying lip service?

June 25, 2014

Before 1999 court procedure was laborious, time-consuming and costly, and there was no real emphasis on trying to settle matters and keeping costs down. That all changed in 1999 with the introduction of the Civil Procedure Rules. These were supposed to be a more rational set of rules. There was particular emphasis on the work to be undertaken before the claim ever reached court. Pre-action…

You must see our Mortgage Adviser if we are to accept your offer to buy our client’s property

June 25, 2014

How frequently home buyers report to us – and a search on Google will also reveal – being told by certain estate agents that their offer will not be accepted, or they cannot view a property, unless they meet with the estate agent's own in-house/external mortgage advisers. This is despite the fact that the buyer already has a mortgage adviser (most do after all when making an…

A near miss for the social housing sector

June 19, 2014

In May 2012, the Regulator identified that Cosmopolitan Housing Group was experiencing cash flow problems because expected funding for its development programme was not in place. This was the beginning of a crisis that, as it developed, brought Cosmopolitan to the brink of insolvency and ultimately led to it being rescued by the Sanctuary Group (Sanctuary).

How many conveyancers does it take to screw in a lightbulb?

June 16, 2014

OK, so we now have your attention.

Trethowans Solicitors act for the management team of the Phoenix Group on the buy out of Phoenix Commercial Holdings Limited

June 10, 2014

The Corporate & Commercial Team at Southampton based Trethowans Solicitors have advised the management team on the buyout of Phoenix Commercial Holdings Limited.

Trethowans Solicitors act for the management team of the Phoenix Group on the buy out of Phoenix Commercial Holdings Limited

June 10, 2014

The Corporate & Commercial Team at Southampton based Trethowans Solicitors have advised the management team on the buyout of Phoenix Commercial Holdings Limited.

Below cost selling order effective from 28 May 2014

June 6, 2014

The Licensing Act 2003 (Mandatory Conditions) Order 2014 banning the sale of alcohol below the cost of duty plus VAT came in to effect on 28th May 2014.

Succession and Sharia

June 4, 2014

In the recent Court of Appeal case of Northumberland & Durham Property Trust Ltd v Ouaha the court had to decide whether a Sharia marriage gave rise to a valid claim to succeed to a tenancy.

World Cup licensing hours in Wales – free TEN applications

June 2, 2014

Act now if you have licensed premises in Wales and want to stay open late for the England games in the World Cup…

Damages for unlawful eviction by social landlord

June 2, 2014

In the case of London Borough of Lambeth v Loveridge, Mr Loveridge had been granted a secure tenancy by the council of a one-bedroom flat. The tenancy agreement required him to notify Lambeth of any absence from the property for more than eight weeks. On 9 July 2009 Loveridge left the property for a lengthy visit to Ghana from which he did not return until 5 December 2009. He continued to pay his…

What amounts to a deprivation of liberty?

May 22, 2014

At first this appears a very straightforward question, it conjures up images of being physically restrained, held against your will. What if no one can establish what your wishes are, what if there is no need to physically restrain you as you tacitly agree to be there? Or the other extreme where you have to be restrained for your own protection or the protection of others?

What a relief

May 21, 2014

The 73rd Update to the Civil Procedure Rules comes into force on 5 June 2014.

Trethowans Insurance appointment

May 19, 2014

Kelvin Farmaner, Southampton-based Partner at Trethowans LLP, has been appointed Deputy President of The Southampton Insurance Institute for the forthcoming year.

Trethowans Partner is Blackmore Vale Magazine’s new agricultural correspondent

May 8, 2014

Marcus Thorpe, Partner and Head of the Agriculture & Rural Property team at Trethowans, is Blackmore Vale Magazine’s new agricultural correspondent for their Country & Legal column.

Who is liable for Council Tax?

April 28, 2014

There is sometimes uncertainly and confusion about whether the landlord or the tenant is responsible for paying Council Tax. Section 6(2) of the Local Government Finance Act 1992 says:

Psychiatric injury law – more injustice in the wake of Hillsbrough

April 15, 2014

The current law on psychiatric injury for so-called 'secondary victims' is under scrutiny, 25 years on from the Hillsborough disaster.

Trethowans Solicitors act for the sellers of John Beard and Son Limited to Higos Insurance Services Limited

April 14, 2014

The Corporate & Commercial Team at Southampton and Salisbury based Trethowans Solicitors has advised the sellers of John Beard and Son Limited in its sale to Higos Insurance Services Ltd.

Guidance on damages for damp

April 14, 2014

In the case of Clark v Affinity Sutton Homes Ltd. (Barnet County Court) 4 April 2014, Mr C had been an assured tenant of ASH since 2004. The property was a one bedroom flat with an initial weekly rent of some £66. There were problems with damp at the property. The expert’s report of May 2013 found:

Is your conveyancer up to the job if things go wrong?

April 9, 2014

Things can go wrong, and the key is to have secured an expert conveyancing solicitor who can make instant decisions and offer solutions. Even to step up and carry out the other conveyancer's role if they are not up to the job.

Trethowans lawyer comments on Wall v Mutuelle in The Post magazine 27 March 2014

April 8, 2014

With the steady increase in cross-border movement that we have witnessed over time, insurers are facing more cases with jurisdictional issues than ever before.  The introduction of Council Regulation 864/2007 (known colloquially as “Rome II”) in January 2009 dramatically affected the assessment of damages in personal injury claims with a foreign element:  a claim for damages brought in an English…

House buying and selling in a chain – what if someone is late on the completion day?

April 8, 2014

It can happen, and when it does, you just hope that your conveyancing solicitor is up to the task of finding a solution.

Exciting confidence in the housing market

April 2, 2014

According to a report from property researchers Hometrack buyers are paying the highest proportion of asking prices seen for a decade; the proportion of asking price paid in March was 96.2%, the highest since 2004. Indeed, across England and Wales, the length of time properties are typically spending on the market before being snapped up has dropped to just under eight weeks for the first…

Extension of licensing hours during World Cup

March 31, 2014

There has just been a Home Office announcement:

Marriage – Same Sex Couples – Review Your Wills

March 31, 2014

As you would have heard in the media, it became legally possible for same sex couples in England and Wales to marry and the weekend saw a number of same sex couples getting married.

1 April deadline for online games industry

March 31, 2014

There have been recent reports in the news relating to children incurring large credit card bills for in-game purchases, when playing app based or online games. This has lead to the Office of Fair Trading (OFT) publishing a set of principles for this growing sector.

The frustrations and chuckles for conveyancing solicitors

March 31, 2014

The standard of legal conveyancing ranges hugely in the market place, and choosing a quality conveyancer is therefore a very difficult task.

Ending a flexible tenancy during the fixed term

March 28, 2014

This article considers how a flexible (i.e. fixed term) tenancy, as defined in the Localism Act, granted by a local authority, can be ended during the fixed term.

Personal Licences saved!

March 25, 2014

The Government has announced it will not proceed with the proposal to abolish Personal Licences.   Responses to the recent consultation showed there was little support for the proposal.  A link to the response can be found here:

Supreme Court ruling on DoLS will have major impact on care providers

March 25, 2014

The judgment in the conjoined cases of (1) P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council and (2) P and Q (by their litigation friend, the Official Solicitor) v Surrey County Council [19 March 2014] will force all care providers to review their safeguarding policies and procedures to make sure they are appropriately looking after adults in their care.

Heads of Terms – issues to consider

March 21, 2014

Heads of Terms for the grant of a lease set out what has been agreed between a landlord and a tenant.  The aim is to speed up the drafting of the legal documentation.  Whilst Heads of Terms are usually not legally binding, it will be difficult for a party to negotiate away from what was agreed at a later stage.  It is therefore important to consider the Heads of Terms carefully and…

Are probationary tenancies pointless?

March 17, 2014

In the case of Southend-on-Sea Borough Council v Armour [2012] Mr Armour was granted an introductory tenancy in January 2011. Within the first few weeks, there were complaints of him being abusive to a neighbour, a council officer and contractors. The council gave notice of intention to seek possession. The decision to serve notice was upheld on review and possession proceedings were issued in…

Unprecedented floods put insurance scheme in the spotlight

March 10, 2014

The U.K. has been in the grip of one of the wettest winters for many a year. In fact the BBC recently reported that England had the wettest January since records began in 1766 and it appears likely that it may turn out to be the wettest winter overall on record too.

Bedroom tax case fails

February 26, 2014

On 21 February 2014, in the case of R v Secretary of State for Work and Pensions, the Court of Appeal dismissed an appeal which claimed that the 'benefit cap' breached human rights law.

Grandparental contact

February 25, 2014

It is estimated that approximately a quarter of a million grandparents in the UK have no contact with their grandchildren and that approximately one million grandchildren are losing out on a special relationship with their grandparents.

Last-time buyers: avoiding the risks in securing your final home

February 25, 2014

How frequently you may have previously bought and sold property does not make you immune from mistakes. If you are purchasing your final home, you then have to live with the mistakes.

Court of Appeal in important cross-border decision

February 24, 2014

The long awaited appeal decision in the case of Steven Wall v Mutuelle de Poitiers Assurances (2014) was handed down on 20 February, with all three judges firmly in agreement:  Where a claim had been brought in England by a Claimant who had been injured in France, the question of how expert evidence was to be presented for the purposes of assessing damages would fall to be determined by reference…

Common mistakes made by conveyancers

February 24, 2014

The list can run into hundreds of points. It is so very important that you secure an expert conveyancing solicitor, rather than be herded to cash paying conveyancers putting profit before your best welfare.

What can you do when your conveyancer goes on holiday?

February 21, 2014

Early signs of a busy conveyancer might be the delegating of tasks to non-qualified support staff.  Imagine the situation when the conveyancer then goes on holiday.

What is a home?

February 19, 2014

In the case of R (Walford) v Worcestershire CC [2014], decided on 10 February 2014, the claimant's mother became resident in a care home. In determining what charges she should pay, the council took into account the value of her house. The relevant regulations provide that property should be disregarded where it is occupied in whole or in part by a relative who is aged 60 or over "as…

Case study: statutory wills

February 18, 2014

Under the Mental Capacity Act 2005 the Court of Protection has the power to order execution of a Will on behalf of a person who lacks capacity (referred to as “P”). Therefore, if you have concerns about the Will of an individual who lacks capacity and you fall in to one of the following categories of person, you may be able to apply to the Court for execution of a statutory will:

New partners expand the offer at Trethowans

February 17, 2014

Southampton and Salisbury Premier law firm Trethowans, has bolstered its legal team with the hire of Matthew Barker and John Hall.   Matthew Barker (Partner and Solicitor) specialises in all aspects of mid-market corporate insolvency based in Southampton.  He has considerable experience of complex restructuring and bankruptcy work including re-structuring of professional…

Care and assistance in personal injury claims

February 14, 2014

When personal injury solicitors explain the concept of including a claim for gratuitous care and assistance to a client, one of the most common responses from the client is “I didn’t realise I could claim for that!”.

Thinking of a family holiday in the sun?

February 14, 2014

With Christmas over and the winter seeming to drag on indefinitely, many of us are now turning our minds to sunnier climes and potential holiday destinations.  For the vast majority, this can be an exciting prospect and something to look forward to.  However, if you are a single parent, booking a foreign holiday for yourself and your children can become a legal nightmare, fraught with…

Recent developments affecting private landlords

February 14, 2014

According to Shelter, the proportion of homes rented privately in the United Kingdom has rocketed by nearly 70% since 2001, with the private rented sector now home to 3.8 million households in England alone. There is no doubt that the private sector is playing an increasingly important role in meeting housing needs. But although being a private landlord may seem to be a good way to make…

Court deadlines for service of documents

February 13, 2014

There are certain rules for the service of documents such as claim forms and witness statements. These rules are worth bearing in mind when you enter into litigation as you need to plan your time effectively to ensure you meet all court deadlines correctly.

Accidents at Work in the wake of The Enterprise and Regulatory Reform Act 2013

February 12, 2014

Few Acts of Parliament in recent years have polarised the views of commentators more than the Enterprise Act 2013 which came into force in October last year. Supporters heralded the provision as crucial to cutting red tape and making domestic businesses competitive, while critics suggested it was a return to the age of Victorian style work house health and safety. As we approach the first…

UN Special Rapporteur recommendations

February 10, 2014

The UN Special Rapporteur has recommended that the UK Government should:

Estate of mentally incapacitated man may not be liable for outstanding care home fees under s7 Mental Capacity Act 2005

February 6, 2014

The High Court has recently allowed an appeal against the decision in Aster Healthcare Limited v The Estate of Mr Mohammed Shafi (by its representative Mrs Batool Shafi) that his estate should pay outstanding care home fees to the care home.

Attorneys and Deputies duties of investment

February 5, 2014

The decision in the Court of Protection (COP) in the case of Buckley has highlighted the obligation of Attorneys and Deputies with regards to investing assets.

Attorneys and Deputies making gifts

February 4, 2014

A case in the Court of Protection (CoP) has provided clarification for many Deputies and Attorneys on their ability to make gifts using monies belonging to someone who lacks mental capacity (P).

Home Loss Payments

January 31, 2014

Most people think that a tenant is entitled to a Home Loss Payment if he/she moves out because their landlord wants to carry out improvements to their home or wants to re-develop the land on which it is built. But this is only correct if the tenant has been displaced.

Trethowans Solicitors act for NAMSA in its acquisition of Medvance Ltd

January 24, 2014

The Corporate & Commercial, Employment and Commercial Property Teams at Southampton and Salisbury based Trethowans Solicitors has advised US based North American Science Associates, Inc (NAMSA) on its acquisition of the entire issued share capital of Medvance Ltd.

Supporting the collaborative approach

January 21, 2014

With the New Year comes “Black Monday”, the start of a week during which family lawyers generally experience a two-fold increase in new instructions.

Crackdown on fraudulent whiplash

January 20, 2014

The Ministry of Justice have now announced that they will begin setting up approved medical panels to assess whiplash claims. The steps are one of the government’s main attempts to look to try and reduce the number of whiplash claims.

Executive vs non executive – what’s in a name?

January 20, 2014

Southampton FC announced that Nicola Cortese has resigned as executive chairman and club owner Katharina Liebherr had taken on the role of non-executive chairman until they find a Chief Executive Officer to appoint.

Collaborative Law: Divorce without Court

January 17, 2014

Separation and divorce are traumatic and can be a time of great distress and upheaval for all concerned.  The turmoil felt by the couple themselves can ripple out to children, other family members and friends.  It can be difficult to know where to start or how to see a way forward and many people are concerned about the legal costs, uncertainty and acrimony of taking court action.

Mitchell Appeal unlikely to go to Supreme Court

January 15, 2014

It has been reported that the case of Andrew Mitchell MP v News Group Newspapers Limited is unlikely to be taken any further on appeal to the Supreme Court. The Law Society Gazette yesterday stated that Mr Mitchell’s solicitors had indicated that they have been advised that a further appeal is unlikely to be successful.

Circle 33 v Lawal 12 November 2013

January 13, 2014

Mr. Lawal was aged 76 and had been the tenant of Circle 33 since 1974. The association claimed that the tenancy had ceased to be 'Secure' because Mr. Lawal  no longer occupied the property as his principal home.

The reliefs available for RP’s when acquiring land for development

January 9, 2014

Registered providers, (RPs), should be aware both of the reliefs available when they are acquiring land for development and the importance of timing when applying for relief.

High profile skiing accidents highlight the need to take care

January 8, 2014

Every winter thousands of Britons flock to the slopes of Europe for the ski season. But this year the last week has seen two high profile skiing accidents as German Chancellor Angela Merkel nurses a fractured pelvis, whilst Formula One motor racing star Michael Schumacher fights for his life in a medically induced coma following major brain surgery. Such accidents show that skiing can be a very…

Council tax liability

January 7, 2014

In the case of LS v Horsham DC (4 December 2013) the claimant was granted an assured shorthold tenancy of a dwelling.

Decanting Disaster

December 17, 2013

In the case of Francis v Brent LBC, decided on 9 December 2013, Ms Francis was a secure tenant. In 1991 that tenancy was ended by an outright possession order granted for rent arrears. The order was never enforced. Ms Francis was a 'tolerated trespasser'.

Including digital assets in your Will

December 13, 2013

A staggering 70% of 65-74 year olds in the UK are now online.

Changes to Child Maintenance

December 12, 2013

To quote the famous playwright, William Shakespeare, “What’s in a name? That which we call a rose by any other name would smell as sweet.”

Christmas comes early for Agricultural Employers?

December 11, 2013

Agricultural and horticultural workers may not be overly joyful this Christmas. On 25 June 2013 the Agricultural Wages Board (AWB), which has set minimum wages and other terms and conditions of their employment since 1948, was dissolved.

Section 21 notices easier to get right

December 10, 2013

In the case of Spencer v Taylor [2013] EWCA Civ 1600, S granted an Assured Shorthold Tenancy to T on 6 February 2006, (a Monday) for a fixed terms of 6 months with rent payable weekly.

The end of Chancel Repair Liability?

December 10, 2013

Not even close, well, so say the conveyancing search companies.

The removal of trustees who lack capacity

December 6, 2013

This article appears in the December 2013 issue of the STEP Journal and was written by Kelly Greig TEP, an Associate and Head of the Private Client Team at Trethowans, and William East, a Barrister at 5 Stone Buildings.

HCA publishes its Consumer Regulation Review 2012/13

December 6, 2013

The Homes and Communities Agency (HCA) has published its Consumer Regulation Review 2012/13.

What deposit does my conveyancing solicitor need, how, and when?

December 3, 2013

When a conveyancing solicitor talks about a ‘deposit’, they mean just one thing. The amount of money (usually 10% of the purchase price) that a buyer is obliged to pay to the seller at the point of exchange of contracts. This is a part-payment of the purchase price, which if the buyer then fails to honour and ‘complete’ the contract after the completion date, the part-payment can actually be…

Changing conveyancers part way through? Easy.

December 2, 2013

Few people realise it, but if you are not happy with your conveyancer, for example how you ended up with them and their service, you can switch. And at any point. Your new conveyancing solicitor will explain what to do, and it should not cause much of a delay. There will be few conveyancers who have not taken on a client in this way, and their task is to always mange the transfer as quickly and…

The dangers of failing to comply with Court deadlines – Andrew Mitchell MP v News Group Newspapers Limited

November 29, 2013

The Court of Appeal has refused an application made on behalf of Andrew Mitchell MP in his claim against The Sun newspaper, after it published an article suggesting that he had sworn at and called police officers “plebs”.

What does my conveyancing solicitor do for me?

November 29, 2013

 

Conveyancing Solicitors they are your minders

November 28, 2013

A conveyancing solicitor– who is also obliged as much by the Solicitors Regulation Authority (SRA) – is paid to have your best interests first and foremost. Not profit, not gain, but your welfare. Their client.  Conveyancing solicitors are there to make sure the opposite party (i.e your buyer or seller as applicable) does not pull the wool over your eyes. They will also comment on your…

“You can’t get the best on the cheap” quality conveyancing?

November 27, 2013

Conveyancing, for those who have never bought or sold a house, is the legal process necessary to secure the transfer of legal ownership from seller to buyer. A sale is usually carried out in seven steps and a purchase in eight.

House buying and selling: fence-sitting and the deals passing you by

November 26, 2013

There will always be those people who need to buy and sell houses. For example job relocation, retirement/downsizing, death, and divorce. But for those who do not have to move, many will fence-sit, many have been fence-sitting, and yet deals have been passing by – even during the last 5 years’ downturn in the market – in their tens of thousands despite the media doom and gloom…

Dispute Resolution Week

November 25, 2013

Trethowans' family team is pleased to support Resolution's Dispute Resolution Week.

The key to a smoother and quicker home move? Preparation.

November 19, 2013

Buyers:

The impersonal client update: Conveyancing Online Case Tracking

November 18, 2013

Clients who move home quite rightly want to know what their conveyancing solicitor is doing and at what stage they have reached. Most would expect regular telephone calls, or detailed and personal emails. And that is how so many operate. The personal service.

Estate agents are human beings. It’s true. They hurt, they have feelings…

November 15, 2013

And the overwhelming majority are as hardworking, honest and committed as you and I. But a search using Google might have you believe otherwise. However, if you are to avoid being too quick to fall into the cliché view of them as drivers of flash sports cars, having over-gelled hair, brick mobile phones and shiny suits, do remember the following:

5 main reasons why your house move may be delayed

November 14, 2013

The list is endless, but of those which conveyancers witness, here are 5 which occur more frequently:

A buyer’s change of mind. House selling heartache. Not just fiction.

November 13, 2013

Poor Detective Superintendent Roy Grace, the fictional character of author Peter James’, whose buyer suddenly and without any explanation, pulled out of her intended purchase of his house – in the latest Grace novel ‘Dead Man’s Time’. And after such a typical and promising start; an offer for the full asking price, a date set for an exchange apparently at the point…

The Prevention of Social Housing Fraud Act 2013

November 12, 2013

This Act, which came into force on 15th October 2013 and currently applies in England and Wales only, makes it a criminal offence for tenants to sublet or part with possession of, their socially rented home.

Gas safety and the home standard

November 11, 2013

It has just emerged that a major housing association has become the first to be found to have breached the Home Standard.

Boards beware!

November 11, 2013

Recently, being a board member seems to have become a lot riskier than ever before.

Proposed changes to social housing rents

November 8, 2013

On 31 October 2013 the UK Government published its proposed changes to social housing rents in England.

What you need to know about the new Prevention of Social Housing Fraud Act

November 8, 2013

The Prevention of Social Housing Fraud Act (“the Act”) came into force on 15 October 2013.  The Act has made tenancy fraud a criminal offence and given local authorities the power to prosecute those who unlawfully sublet their social housing where a tenant:

Treatment of goalkeeper was irresponsible claims Headway

November 4, 2013

Tottenham Hotspur goalkeeper Hugo Lloris lost consciousness having sustained a blow to the head during a match.

The Supreme Court rules that schools have a non-delegable duty of care to pupils

November 1, 2013

The Supreme Court has ruled that the duty of care owed by a local authority to children in their schools is a non-delegable duty and they are responsible for what happens in lessons even if those lessons are run by outside contractors.

Consultation

October 28, 2013

In this era of austerity, even if there are ‘green shoots’ appearing, there is clearly a long way to go before those shoots turn into something pretty or edible, (or both!). It follows that many more people will, understandably, be unable or unwilling to accept, without a fight, decisions which adversely affect them.

Decision not to raise the small claims limit is welcomed

October 24, 2013

There was good news for personal injury claimants this week following the Ministry of Justice’s response to the consultation into whiplash claims. The MoJ have confirmed that the small claims limit in personal injury claims will remain at £1,000.

Interest – What else are you entitled to for late payment of commercial debts?

October 23, 2013

In the autumn 2012 Dispute Resolution Briefing we advised on adding statutory interest to late payment of commercial debts. Amendments implemented earlier this year allow businesses to add the reasonable costs of recovering the debt, in addition to the interest and compensation. They also add more flexibility with regards to the start date for interest.

Be wary of a conveyancing solicitor with a suspiciously low quote

October 23, 2013

How easy it is to just fall for the line “Oh it will be much easier to just use our in-house conveyancers” or “Don’t use a local solicitor they will be too busy”. The problem is there is often a hidden agenda. Are they being paid by the conveyancer? Do they own a stake in the conveyancing firm? Are your best interests being looked after?

Conveyancing solicitors are insured to protect you – choose well

October 22, 2013

All conveyancing solicitors in England & Wales must hold a ‘practising certificate’ issued by the Solicitors Regulation Authority. This certificate guarantees that the solicitor is qualified to practise as a solicitor and they/their legal firm has insurance to protect you if anything goes wrong.

Landlords being prosecuted on the rise

October 22, 2013

The Housing Act 2004 introduced a new definition of a House in Multiple Occupation (HMO) from 6th April 2006 in England.

Tough new world?

October 21, 2013

In recent years there has been a growing culture of toleration of delay and non-compliance with Court Orders in litigation.  No more!  1 April 2013 saw the introduction of a new stricter regime which cracked the whip at those disregarding deadlines or failing to comply with Court directions.

Pick the right conveyancing solicitor or face the ‘knock on the door’

October 16, 2013

Choose the wrong conveyancing solicitor and face the dread of that 'knock on the door' when a neighbour or the Council accuse you of doing something your conveyancing solicitor should have discovered and warned you about.

Conveyancing solicitors can offer home buyers practical non-legal advice

October 16, 2013

When you are thinking about selling your home, how do you choose an estate agent? One clever way is to ask the local conveyancing firms who they would recommend. After all, they work with all of the estate agents in the town, and they know who are good, who are ‘dodgy’ and who to outright avoid. And they will not charge you for calling them and asking. They are glad to help.

Ban on the use of HCFCs

October 10, 2013

2015 marks the year in which there will be a total ban on the use of Hydrochloroflourocarbons (HCFCs), which are still in use in many commercial buildings as refrigerants which includes R22 (chlorodifluoromethane) found in air-conditioning units, refrigeration systems, heat pumps or fire protection systems (RAC systems).

How green is the green belt?

October 10, 2013

In March this year Bloor Homes submitted a planning application to develop seven, five-bedroom houses on the site of the Mayfield Light Industrial Estate in Bracknell Forest, Berkshire. The rectangular parcel of land had been home to a car valet service, a steel fabrication firm and several storage units for a number of years.

Capital allowances

October 10, 2013

Capital allowances is a means of providing tax relief to businesses.  The aim is to encourage businesses to invest in the UK.

What is the law surrounding squatters and commercial properties?

October 10, 2013

Squatting in a residential property has been a criminal offence since 1977 but there is no similar offence in relation to commercial properties. Government Ministers are under an increasing pressure to bring in anti-squatting laws to cover commercial premises.

Changes to funding for personal injury cases

October 3, 2013

The government’s much criticised civil justice reforms came into force on 1 April 2013. These reforms have affected injured claimants’ rights to recover elements of their legal costs in both personal injury and clinical negligence cases.

Betting offices – location, location and location

October 3, 2013

A decision by a London borough to refuse a betting office licence has been overturned, in a decision which examined the relevance of location as an independent ground of refusal.

Trethowans asked to comment on Ramsey review

October 3, 2013

It has been announced this week that Justice Ramsey will lead yet another review of the litigation reforms which have recently been implemented following the extensive research undertaken by Lord Jackson.

Wrong Court fee? Your case is out of time!

September 30, 2013

In a recent decision the High Court has taken a strong line on the question of time limits for bringing claims.  This case is one that should be studied closely by Solicitors as well as by Professional Indemnity Insurers.

Enhanced redundancy payments – When do they become contractual?

September 26, 2013

It would be difficult to find too many organisations which have avoided making redundancies since the start of the economic downturn.

Bereavement damages – a geographical injustice?

September 26, 2013

Following a fatal accident, bereavement damages can be claimed on behalf of the deceased’s estate, from whoever has negligently caused the death.

Holiday entitlement for employees on sick leave

September 25, 2013

Under European law, workers are entitled to a minimum of 20 days' paid holiday each year, which equates to 20 days for full time workers.

Resignation or dismissal?

September 24, 2013

The issue in the appeal of Francis v Pertemps Recruitment, was whether the Claimant had been dismissed by his employer so as to establish a claim for unfair dismissal or whether the Claimant's employment had ended through mutual agreement.

Data sharing – what’s the problem?

September 24, 2013

Large amounts of information are collected about individuals by public bodies, such as local authorities and the Police, as well as by housing associations.

Poor processing

September 23, 2013

In Elliot v Joseph Whitworth Centre Ltd, the Claimant, Mr Elliot, was dismissed by Joseph Whitworth Centre (JWC) Ltd on 6 February 2010. 

So long and thanks for all the clients

September 20, 2013

The High Court in the case of Romero Insurance Brokers Ltd v Templeton and another, has confirmed the validity of a 12 month non-solicitation restrictive covenant in a senior insurance broker's contract.

Does gross misconduct always give rise to a fair dismissal?

September 19, 2013

In Brito-Babapulle v Ealing Hospital NHS Trust the Claimant was employed as a consultant haematologist at Ealing Hospital.  Her contract permitted her to hold sessions with private patients. 

Government consultation on abolishing Personal Licences

September 19, 2013

The Government has launched a consultation running until 7th November seeking views on abolishing Personal Licences.

Police Week of Action: 16 – 22 September 2013

September 18, 2013

Police forces across England and Wales are carrying out a week of action.

Subject access requests

September 18, 2013

The Information Commissioner has published a new Code of Practice for dealing with requests from individuals for personal information under the Data Protection Act 1998 (the Act).

Union recognition

September 17, 2013

Trade unions can only negotiate with employers on the employees' behalf (known as collective bargaining) if the trade union is recognised by the employer.  In order to seek such recognition, the trade union must first fulfil the following criteria:

When deprivation of liberty is for the best

September 11, 2013

On 23 July 2013, in the case of A local authority v WMA [2013] EWHC 2580 (COP), a court had to decide about the future of a twenty five year old man, (identified only as ‘WMA’), where he should live and what help should be given to him.  It raised complex issues about best interests and deprivation of liberty.

New tribunal in Scotland for landlord vs tenant disputes

September 10, 2013

A new tribunal will be set up in Scotland to act as a specialist decision maker for disputes between landlords and tenants in the private rented sector.

Honesty really is the best policy

September 3, 2013

In a recent case a business tycoon who lied about his wealth has been told he may have to pay more money to his former wife than the £1.8m original settlement.

Reasonable adjustments

August 29, 2013

The Employment Appeal Tribunal has held that an employer did not fail in its duty to make reasonable adjustments by requiring a disabled employee to participate in a competitive interview process for an internal vacancy when her own role was made redundant.

The Big Brother effect…

August 28, 2013

In City and County of Swansea v Gayle, the Employment Appeal Tribunal (EAT) considered whether covert surveillance carried out by an employer was in breach of an employee’s right to privacy under Article 8 of the European Convention of Human Rights.

Settlement sum: net or gross?

August 27, 2013

In the recent case of Michael Barden v Commodities Research Unit & Others [2013] EWHC 1633 the court decided, where a compromise (now, of course, settlement) agreement is silent as to whether the settlement sum should be paid net or gross of tax, the sum stated is a gross figure from which Income Tax should then be deducted.

Seventh time lucky

August 23, 2013

Over a five year period, Mr Woodhouse brought ten separate grievances against his employer, West North West Homes (Leeds) Ltd.  Each time his grievance related to allegations of race discrimination. Mr Woodhouse also submitted seven separate Employment Tribunal claims alleging race discrimination, whilst still employed by West North West Homes.

Changes to collective consultation: in depth

August 22, 2013

You may recall a First to Desk recently which set out changes to the Trade Union and Labour Relations (Consolidation) Act 1992 following the case of USDAW v Ethel Austin Limited (in administration) & another.

Employee Shareholders

August 21, 2013

The commencement date for a new type of employment status has just been announced.  Employee Shareholders may be created from 1 September 2013.

When to blow your whistle…

August 20, 2013

The Enterprise and Regulatory Reform Act 2013 makes significant amendments to the legislation on whistleblowing.

More family cases end up in Court because of the lack of financial support for legal assistance.

August 19, 2013

CAFCASS (the Children and Family Court Advisory and Support Service) has recently reported a 27% increase in private law children cases between June 2012 and June 2013 and, during that period, the highest ever number of new cases was recorded in the month of May this year.

Settlement Agreements: what’s in a name

August 19, 2013

Another change which came into force on 29 July 2013 was the introduction of Settlement Agreements.

Thames Water refuses to go overboard on bad debt

August 16, 2013

It has been reported recently that Thames Water’s external affairs director Richard Aylard ,commented that one of the reasons for a proposed hike of £29.00 per household in water bills for the Thames area, was due to bad debt being suffered by the organisation.

Countdown to zero-hour contract change?

August 16, 2013

As many of you will know, a zero-hour contract is a type of contract under which an employer does not guarantee the employee a fixed number of hours per week.

Employment Tribunal fees: a reminder

August 15, 2013

Tribunal fees were introduced on 29 July 2013.

Recent changes in employment law

August 14, 2013

With all the recent changes coming in, we thought it would be helpful to set out a summary of what has changed and what we think.

Coal miner’s case may open the floodgates

August 13, 2013

According to Kelvin Farmaner, a solicitor at Southampton and Salisbury based Trethowans Solicitors, a recent decision concerning professional negligence arising out of a personal injury claim may lead to a flood of claims in the future.

Important High Court costs ruling in ‘plebgate’ case

August 12, 2013

All those involved in litigation have been left in no doubt as to the rigid application of new costs rules in the light of a High Court ruling last week in the 'plebgate' case.

How quickly can I complete my house sale or purchase?

August 9, 2013

We aim to say about 5 weeks. But it can be shorter or longer than that.

The Estate Agents Conveyancing Firm of the Year 2013

August 8, 2013

Law Firm Services Limited (LFS) are for the second year promoting excellence within the conveyancing market. The quality between conveyancers ranges dramatically, something the Law Society know very well, since their deliberate creation of an accreditation for excellent conveyancers under their CQS (Conveyancing Quality Scheme).

Always call your conveyancing client the day of exchange

August 5, 2013

Conveyancing solicitors act for 'clients'. But are these clients really the people they claim to be?

Conveyancing solicitors and when to request mortgage money

August 2, 2013

When you buy a property with a mortgage, your conveyancing solicitor takes charge of requesting the mortgage monies. The mortgage company will insist.

If Simon Cowell is the father, how much will it cost him?

August 2, 2013

News has broken that ‘marriage-shy’ Simon Cowell is allegedly about to become a father for the first time.  The mother of his unborn child, rumoured to be Lauren Silverman, is currently married to one of Cowell’s closest friends, although it is said that her husband has recently filed for divorce.

How to get that cheque bouncing back into your account

July 25, 2013

The use of cheques as a method of paying invoices is becoming increasingly surpassed by more popular methods of payment, such as direct debit and BACS transfers. Despite this, it is important for both businesses and individuals to be aware of the remedies available to them when they receive a cheque in payment of an invoice which is later dishonoured.

Don’t get mugged!

July 19, 2013

Those injured in accidents are being encouraged to think twice before accepting early offers of compensation.

Cows trample man to death in Wiltshire

July 18, 2013

The BBC have reported that a man has been trampled to death by cows in a field in Wiltshire and another man has been injured.

Why do conveyancers range so dramatically in terms of their quality?

July 17, 2013

Because you do not have to be qualified in the law to be a conveyancer. Simple as that.

Estate agents – why they really are worth every penny

July 16, 2013

It is a cliché to say of an estate agent, “they do nothing for their fee”. Of course they do, and so frequently, they actually pay for themselves.

Conveyancing solicitors and how they explain the legal papers to you – piecemeal or expertly?

July 15, 2013

Frequently, conveyancing solicitors will have to locate their client’s property deeds in order to sell it. This often means contacting the previous conveyancer to discover what they did with them.

Conveyancing solicitors – email, telephone, fax or snail mail? The tell-tale sign of efficiency

July 11, 2013

Conveyancing solicitors communicate using a variety of methods these days. The majority will have an account with the inter-law firm postal system called the Document Exchange (“the DX”) which is cheaper and is a next day delivery service. An immediate advantage to Royal Mail.

‘No Completion, No Fee’ Conveyancing

July 9, 2013

As a conveyancing solicitor, where is my motivation with the above scheme? Where is my reward for all the hours I put in to helping my client to move, only to find out that it aborts at some stage, and my time is not going to be paid for?

Court of Appeal in important credit hire ruling

July 8, 2013

In the case of Opoku v Tintas 2013 the Court of Appeal has given an important ruling in relation to the question of period of hire.  The judgment will be significant for claimants and defendants alike and should be studied closely.

Conveyancers who are here today, dot.com tomorrow

July 8, 2013

Accountability: those conveyancing solicitors who positively promote the actual individuals who will handle your conveyancing, their bios, their direct dial telephone number and emails – all designed to ensure that you know the person who is handling your work. Where you know their credentials and expertise.

Important changes to collective consultation

July 2, 2013

The Trade Union and Labour Relations (Consolidation) Act 1992 imposes a duty on employers to collectively consult with its employees when it contemplates dismissing 20 or more employees during a 90 day period at "one establishment".  This allowed employers to terminate 20 or more employees across different sites without invoking collective consultation. 

Protecting your home against property fraud

June 26, 2013

Media reports have identified how fraudsters may attempt to acquire ownership of a property either by using a forged document to transfer it into their own name, or by impersonating the registered owner. This is especially the case where property is empty, whether for example through the owner being abroad, having rented it out or being in a care home.

Costs budgeting: a High Court update

June 24, 2013

In the case of Elvanite Full Circle Ltd v Amec Earth & Environmental (UK) Ltd 2013 the High Court has given the latest indication of how new costs budgeting rules are likely to be applied.  The claimant was a demolition and recycling contractor.  It owned a plot of two acres within an area of industrial land in Essex.  Two months before the claimant acquired the site for…

Pull the ladder up Jack

June 24, 2013

Should criminals be entitled to recover compensation?  Readers of this article will have their own views.  This issue was looked at by the Court of Appeal in the recent case of David Michael Joyce v Edward Gerald O’ Brien and Tradex Insurance 2013.

Small claims limit increased to £10,000 – will businesses lose out?

June 21, 2013

The value for the small claims court has risen for non-personal injury claims from £5,000 to £10,000 as part of the Jackson Reforms to Civil Litigation procedure that came into effect on 1 April 2013.  As a consequence, there will inevitably be a jump in the number of claims being issued under the small claims procedure.

Claims for damages could now be made by soldiers who are injured whilst on the battlefield

June 20, 2013

Legal action has been pursued by relatives of three men killed by roadside bombs whilst on exercise in Iraq.

Employee’s rights to pursue a compensation claim restricted

June 20, 2013

At the end of April, the Enterprise and Regulatory Reform Bill received royal assent, becoming a formal Act of Parliament. One clause of this Act (clause 70, previously entitled clause 61 in the original draft Bill), essentially removes an employee’s right to pursue a compensation claim against an employer who has breached the Health and Safety Regulations (enacted under the Health and…

Will landlords look to increase rent deposits to protect themselves ahead of changes in the law?

June 19, 2013

Changes to the law, anticipated to come into effect in 2014, will allow entry to commercial premises only under conditions for the seizure of goods as part of a new regime of Commercial Rent Arrears Recovery (CRAR).

Do I need to use a ‘local’ conveyancer?

June 18, 2013

No. You do not need to use a local conveyancer. In fact, all conveyancing solicitors individually act for clients throughout England & Wales, as the process of conveyancing and land ownership is uniform wherever you are.

Abolition of the Child Support Agency – a fresh start or same horse, different name?

June 17, 2013

The Government is reforming the child maintenance system (again!).  It is proposed that the reforms put better support in place for separated parents to collaborate on issues which arise upon separation and encourage them to make family based child maintenance arrangements.

Cohabitation – time for change?

June 14, 2013

Reports in the media suggest marriage rates are on the decline.  Does that mean that less people are forming relationships? No, it simply means that the family dynamic is changing.  It is now far more socially acceptable for people to live together, even have children with each other, outside the institution of marriage.  Unfortunately the law governing the breakdown of such…

A fate worse than debt?

June 13, 2013

Over the past few years we have seen a rise in personal bankruptcy as incomes remain static, levels of consumer debt increase, savings are depleted and people struggle to pay their day to day bills, which are also steadily increasing.

Court of appeal sounds the alarm bells for professional indemnity claims

June 11, 2013

In the case of Susan Berney v Thomas Saul (T/A Thomas Saul & Co) 2013 the Court of Appeal has given judgment in a professional indemnity case arising out of a personal injury claim.  The judgment will do nothing to quell the worry amongst professional indemnity insurers (and some solicitors) that there is likely to be an increase in the number of professional negligence claims against…

Chancel Repair liability for home owners – conveyancing solicitors beware!

June 11, 2013

Most homebuyers will have heard of ‘chancel repair liability’, as the majority of conveyancing solicitors now commission either a search for possible liability, or they just automatically insure all their clients against liability.

Trethowans solicitor published in the Personal Injury Brief Update Law Journal

June 11, 2013

James Braund, solicitor at Trethowans LLP specialising in personal injury and clinical negligence claims, has recently had an article published in the Personal Injury Brief Update Law Journal (PIBULJ).

If you had 2 minutes to prove you owned your house/flat, could you do it?

June 11, 2013

When you buy a property, conveyancing solicitors can expect to receive a bundle of papers from the seller's conveyancer, and after your conveyancer has received written replies to enquiries, received all the conveyancing searches, and ultimately registered your ownership at the Land Registry, they will have built up quite a considerable bundle of paperwork all about your property – and…

Making sure the children always come first

June 10, 2013

Who assumes responsibility for the children in the event of the death of one parent when the parents are separated?

Don’t just assume you can park caravans and commercial vans on your driveway

June 10, 2013

There is nothing worse than buying a house, or even a caravan, and finding you receive a knock on your door and a neighbour says the caravan is not permitted on your property.

Should I install electricity generating solar panels on my house?

June 7, 2013

The question presupposes you have already made sure that your home is already as energy efficient as it can be, as of course the solar panel market is all about promoting the possibility of lower energy bills. Before considering solar panels, you should of course consider such things as loft insulation, cavity wall insulation, double glazing and an efficient boiler.

Inheritance funds in divorce

June 6, 2013

Inherited assets can attract a great deal of emotional weight in divorce cases. The asset or money usually arrives as a result of bereavement, often from a close loved one.

Insurers extend willingness to cover flood risk in home insurance policies…for the moment

June 6, 2013

There exists an agreement between the Government and the Association of British Insurers (ABI), since 2000, called the Statement of Principles, that obliges insurance companies to offer flood cover as part of standard insurance policies where they are at significant risk of flooding, if there are plans in place to reduce that risk within five years. However, in 2008, it was agreed that this…

How do I discover who owns a boundary fence, wall or hedge?

June 6, 2013

Checking your property title deeds should be the first port of call.

What is a local authority conveyancing search – and who cares?

June 6, 2013

Who cares? Every property buyer should. The information revealed in the search could lead you to renegotiate a lower price or to pull out of the purchase entirely. The search is that important.

Choosing a conveyancing solicitor secures the benefit of the Law Society flood risk guidance

June 5, 2013

The Environment Agency estimates that one in six homes in England (approximately 5.2m properties) are at risk of flooding. But properties do not need to be near a river or the sea to be at risk of flooding. Flooding can take many forms other than river and coastal flooding:

You can’t ‘take a view’ when buying with a mortgage

June 5, 2013

When buying property with a mortgage, your lender will usually require your conveyancer to be its conveyancer too. Your conveyancer then has two clients – you and the lender.

Unique conveyancing solicitors – good value or worryingly cheap?

June 4, 2013

Conveyancing solicitors are all unique. None can take credit for that. They are not selling a Pot Noodle, which is the same wherever offered, but instead, they are offering a service, and each law firm will offer it differently.

New extensive Seller’s Information Form makes choice of conveyancer crucial

June 3, 2013

The Law Society has now circulated an 18 page set of explanatory notes  to help explain the third edition of their own 16 page Property Information Form (TA6).

Conveyancing solicitors comparison sites – would you seriously!?

June 3, 2013

If you visit some websites for solicitor firms, you will quickly notice that they rarely advertise their prices for providing conveyancing services to home movers.

Parting is such sweet sorrow

May 31, 2013

For a novel way to resign from your employment, you may want to tear a page from Chris Holme's recipe book.

The bitter taste of covert recordings

May 30, 2013

Every HR advisor has been there, or will be there at some point in the future: you have spent hours in a disciplinary meeting with an employee, diligently taking notes of what was said; you then spend several more hours typing them up before sending them to the employee.

Unfair dismissal and zero compensation: A lose-lose situation for everyone?

May 29, 2013

In the recent case of Ladrick Lemonious v Church Commissioners, the Employment Appeal Tribunal considered the question of to what extent compensation can and should be reduced to take into account the actions of the dismissed employee.

No more claims for accidents at work?

May 28, 2013

The Enterprise Bill's clause 70 is set to overhaul current heath and safety legislation which will essentially remove an employee’s right to pursue a compensation claim based on an employer's breaches of the Health and Safety Regulations.  This clearly narrows the basis on which compensation can be claimed for accidents at work. However, it will still be possible to pursue a…

Collective agreements and TUPE

May 28, 2013

Parkwood Leisure Ltd v Alemo-Herron and Others asks the intriguing question, is the new employer bound by subsequent changes negotiated through a relevant collective agreement?

Houses with no legal access – defective Common Land searches

May 28, 2013

About 5% of land in the UK is Common Land. Common Land as all conveyancing solicitors know all too well, is, to quote Wikipedia, "land owned collectively or by one person, but over which other people have certain traditional rights, such as to allow their livestock to graze upon it, to collect firewood, or to cut turf for fuel."

Can I reduce stamp duty by paying the seller for something else?

May 27, 2013

Almost always, no. Stamp Duty (or more accurately Stamp Duty Land Tax 'SDLT') has been around for many years and the Inland Revenue has closed down attempt after attempt at ways to get around paying stamp duty.

Homophobic statements made by a clubs shareholder can shift the burden of proof onto the club to refute allegations of discrimination

May 27, 2013

In the recent case of Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminării, the European Court of Justice (ECJ) was asked to clarify whether homophobic comments made by a football club’s “banker” were in breach of the Equal Treatment Framework Directive (2000/78/EC) and accordingly, whether the burden of proof could fall on the club to prove that…

May 30th sees larger extensions permitted

May 24, 2013

The planning system is based on the principle that all 'development' requires planning permission. However, the Town and Country Planning (General Permitted Development) Order 1995 gives deemed planning permission for specified types of development (provided prescribed conditions are followed) to minimise the numbers of planning applications Councils would otherwise face. One type is…

How do conveyancing solicitors embrace other industries?

May 24, 2013

During a typical house sale or purchase for a client, a conveyancing solicitor will work with a multitude of related businesses:

Banker bonus

May 24, 2013

In the recent case of Dresder Kleinwort Limited v Commerzbank AG v Attrill and others [2013] EWCA Civ 394, the Court of Appeal held that the announcement of a guaranteed bonus pool offered to employees at a time when there was uncertainty in the company amounted to a contractually binding obligation, despite not being strictly in the form dictated by the company’s employee handbook.

A conveyancing solicitor for life, or a one trick pony? Check before you buy

May 23, 2013

When you move house, you will invariably need a conveyancing solicitor. You only have to Google 'conveyancing solicitors' or 'conveyancing quotes' to see the huge disparity in quality, from the dubious to the apparent dynamic.

Now you see me, now you don’t

May 23, 2013

In May 2008, Ms Thomson, a District Nurse working for Barnet Primary Care Trust, was summarily dismissed following a three day hearing under BPCT's capability procedure.  Concerns had been raised in relation to Ms Thomson's performance following a lengthy period of absence. 

“How long will my conveyancing solicitor take?

May 22, 2013

"The key to answering that question depends whether you overlooked a discussion over dates at the point where the offer was accepted? Make sure you always get some sort of agreement over dates right at the start, as otherwise, your conveyancing solicitor will not know how fast to work for you during their involvement with the conveyancing.

To employment and beyond…

May 22, 2013

Claims for post-employment victimisation: a whole lot of confusion.

The frustration and delay of the ‘we are obtaining our title deeds’ letter

May 21, 2013

Conveyancing solicitors who act for buyers will invariably receive an initial letter from the seller's conveyancer, not with the legal papers they need to progress the purchase, but with a ‘holding letter’ containing preliminary information, such as the fact that they act, confirmation of the agreed price and most frustratingly that they are “obtaining our clients title…

Auto-enrolment and TUPE

May 21, 2013

The Department for Work and Pensions has announced a small, but important, change to the pension protection rules in TUPE transfers.  The change addresses an unintended consequence of the way in which TUPE operates on transferring employee's pension arrangements.

Conveyancing solicitors guard against property fraud

May 20, 2013

Conveyancing solicitors continue to report cases of property fraud.

Eyesight tests

May 20, 2013

The DVLA has announced that it has made new arrangements with the Police which will lead to much quicker bans for motorists who fail eyesight tests. 

Fees and penalties in the Employment Tribunal

May 16, 2013

The Employment Tribunal Service has been free to users since it was created in 1964.  This is about to change.  The government says it is not fair for the tax payer to foot the bill for the service which it puts at £84 million per annum so fees are being introduced.

The Land Registry aims to take over conveyancing searches – well Local Authority searches – to start

May 15, 2013

At the moment, conveyancing solicitors have a multitude of different methods to secure the same information – the 'Local Authority search'. This is a key conveyancing search as it provides a wide range of vital information for anyone buying a property.

Slowly but surely

May 15, 2013

Further to our 'Heads Up' Article in January, setting out all of the upcoming employment changes for 2013, it would appear that the changes outlined in the Enterprise and Regulatory Reform Act 2013 are now slowly but surely trickling through.

I’ll huff and I’ll puff and I’ll blow your house down! But when?

May 13, 2013

If you are buying a house or flat, then you are responsible for making sure you have buildings insurance. And with recent media coverage of the devastating occurrences of nationwide floods the importance of having insurance cover is all the more in focus.

More than 750 “never events” in the NHS

May 13, 2013

A recent BBC investigation has revealed that the total number of serious medical accidents – so called "never events" because they were so obviously negligent and clearly should not happen under any circumstances – has exceeded more than 750 over the past four years.

When should I instruct my conveyancing solicitor?

May 10, 2013

As soon as possible, as it does not cost any more due to the simple fact that conveyancing solicitors charge a fixed fee. In fact, instructing your conveyancing solicitor as early as possible can actually save you money, as well as avoid delays. Here's how:

10 things that can go wrong in your house move

May 9, 2013

There are quite literally dozens and dozens of things that can actually go wrong, but the most common – which have been observed from hundred of conveyancing clients per year – are here:

A conveyancing solicitor’s joy – dates agreed

May 9, 2013

Conveyancing solicitors are frequently asked "How long will my sale take to complete?" or "When can we exchange?".

Do the conveyancers you recommend to people damage your reputation?

May 8, 2013

Ask an estate agent ‘what are your pet hates about a conveyancer?’ The answers are always the same. Always. Lack of communication, calls not returned, lack of solutions to problems, ‘conveyor belt’ of case handlers, inexperienced staff, they don’t use email, when asking to speak to the solicitor getting the reply ‘sorry he is engaged and his secretary in…

Beware the small print in cheap conveyancing prices

May 6, 2013

In the vein of the stark warning recently reported in The Sunday Times with regards to cheap energy deals there is a similar one in relation to conveyancing prices.

Conveyancing solicitors and their enquiries – ‘third’ time lucky?

May 3, 2013

This week marks the launch of the third edition of the Property Information Form (TA6) which most home movers will recall is the general questionnaire which sellers complete to provide buyers with useful and practical answers to pertinent/standardised questions which may affect their decision to continue with their purchase or not (e.g. have there been disputes, building works, guarantees etc?).

Deadlines to exchange contracts from receipt of ‘contract papers’

May 2, 2013

Conveyancing solicitors are often faced with deadlines that have been imposed on their clients to exchange contracts within a particular timescale. Typically from developers selling newly constructed properties, and generally when a seller is keen to secure an exchange of contracts in a situation where their property is actually generating quite a level of interest and it is a way of testing who…

The risks which conveyancing solicitors face. Wow! Who knew?!

May 2, 2013

Compare the fees of conveyancing solicitors with those of estate agents, surveyors, mortgage advisers, mortgage lenders and removal companies. Conveyancing solicitors will usually come out cheapest. And we do not mean the Google brigade of hidden charging conveyancers who claim to charge £150 etc.

Grandparents legal rights

May 1, 2013

Grandparents often provide support and childcare for their grandchildren, particularly in situations where both parents are working.  For many children their grandparents house is like a second home to them. 

Conveyancing solicitors and those who overlook ‘conditional’ planning consents

May 1, 2013

Planning permission or planning consent is the written permission of the relevant Local Authority that is required in the United Kingdom in order to be allowed to build on land, or change the use of land or buildings. It will either be an outright consent (subject to implanting it within 3 years), or it will have conditions attached.

Why do conveyancing solicitors not advertise their charges?

May 1, 2013

Because that would be to equate what conveyancing solicitors do to the simple sale of ‘goods’ such as a can of Heinz baked beans, or a loaf of Warburtons bread. Where there is no difference in quality between legal firms, and where one size can fit all.

The best conveyancing solicitor in England & Wales

May 1, 2013

Sadly for the public, there is a huge disparity of quality between the various legal businesses who handle the legal work necessary when buying and selling houses. This makes it incredibly difficult to set about securing the best conveyancing solicitor.

Major litigation and funding changes will affect your business

April 30, 2013

This article will appear in the May 2013 edition of the Hampshire Chamber Business News circulated with the Southern Daily Echo.

Can solicitor firms act for both seller and buyer in a residential property transaction? Effectively, no.

April 30, 2013

A conveyancing solicitor can only act for both a buyer and seller in rare circumstances.

Nick Gent a contender for Lawyer of the Year in the Solent Deals Awards

April 30, 2013

Nick Gent, an experienced corporate finance lawyer from Southampton and Salisbury based law firm Trethowans has been short listed as one of only three finalists for the coveted title of Lawyer of the Year at the prestigious Solent Deals Awards.

Caravans, white vans and conveyancing solicitors

April 30, 2013

When buying a house, your conveyancing solicitor will inform you whether the property deeds contain any restrictions in them, dictating what you can and cannot do on the land. It is not at all true that a man’s home is their castle. Only if your deeds have nothing in them!

Have you tried a house buying agent?

April 29, 2013

Most people appreciate that the estate agent simply acts for their paying client, the seller. But what about the buyer? You are on your own. Or it can feel that way. When selling your house, you have your estate agent to keep you informed, to chase the buyer for progress, to chase all the parties along the chain, to negotiate with a buyer who tries a last minute price reduction. But what about…

Colossal cake sale at Trethowans raises £190 for Tedworth House

April 26, 2013

Each month, Trethowans holds a Cake Bake Friday when staff bake a selection of cakes which are then snapped up by staff for a donation to one of the firms two nominated charities.

What deposit do I pay my conveyancing solicitor?

April 26, 2013

There are two types of ‘deposit’ involved in a property transaction and the answer to the question depends on which form of deposit you are referring to.

“I don’t need a mortgage offer as I am porting my current one over”

April 25, 2013

Unfortunately, this sentence is a contradiction. ‘Porting a mortgage over’ still means you are getting a mortgage.

How quickly will my conveyancing solicitor send out contracts on my house sale?

April 24, 2013

Typically, it can take some conveyancing solicitors a week to ten days. And that is completely lost time.

Who actually instructs my conveyancing solicitor to handle my house move?

April 23, 2013

You do. That is if you are the owner and looking to sell or buy, as you are the client of the conveyancing solicitor and they must only take instructions from you.

Frightening statistics for motorcycle accidents

April 22, 2013

Road traffic accidents involving motorcyclists sadly often result in serious, catastrophic or even fatal injuries. Whilst motorcyclists themselves can be experienced and extremely safety-conscious riders, there remains the inherent danger that they will suffer injury due to the negligence of other motorists.

Father loses parental responsibility

April 22, 2013

Whilst a mother automatically has parental responsibility on the birth of her child, a father can only share parental responsibility with her in certain circumstances. 

Will you price match your conveyancing charges?

April 22, 2013

Having received a conveyancing quote, a bit like car insurance, you might be tempted to obtain a second and maybe third one. Unfortunately, unlike the insurance market, conveyancing is not ‘much of a muchness’. Insurance is more akin to a ‘product’, like a tin of Branston baked beans, whereas conveyancing is well and truly a ‘service’. And as with all services,…

10 advantages of using an estate agent

April 19, 2013

1.  You save time and avoid safety issue – once you instruct an estate agent, their job is to sell your house. By having an estate agent handle viewings and take responsibility for introducing strangers to your property this immediately removes any threat to your safety.

‘Best value’ conveyancing quotes

April 17, 2013

Setting out to simply find the cheapest conveyancing quote ignores so many crucial factors which can end up meaning you pay a fortune where just a little preparation could have saved you.

The honest conveyancer – why are some conveyancers so hard to get hold of?

April 16, 2013

In an ideal world, the conveyancing client should expect that their conveyancing solicitor is sat at their desk simply working on that client’s sale or purchase, and doing nothing else; to be available to take all the client’s telephone calls, and to reply immediately to their emails. After all, the client is paying the conveyancer. Indeed, we all become frustrated in our daily lives…

Selling your own house: save a fortune, or cost you thousands?

April 15, 2013

In a recent article by BBC financial reporter Brian Milligan, the pros and cons of DIY house selling were set out.

5 top tips to prevent a stressful home move

April 12, 2013

Virtually every website selling conveyancing services will mention how stressful a home move can be. But there are ways you can help yourself:

The quality conveyancer

April 11, 2013

For most people, buying a house is the most substantial financial investment they will ever make – and probably one of the most complex (not to mention stressful) processes. That is why it pays to do things properly and avoid poorly trained conveyancers and those who are junior, but instead, engage a conveyancing solicitor or other qualified conveyancer (e.g. chartered legal executive) who…

Communicating with a conveyancer

April 10, 2013

Will it be easy to contact my conveyancing solicitor?It can often depend how low a level of legal fee you decided upon when selecting a conveyancer. To make the legal work still profitable, conveyancers will have to save resources somewhere, and avoiding customer telephone calls may be one of them.

New negative equity trap – how short is the lease of your property?

April 10, 2013

As a proportion of housing stock in England & Wales, ‘leasehold’ represents just over 10%, but following a recent warning by one of the country’s leading chartered surveyors businesses, there are upwards of 1.4million leasehold owners who are at risk of a reducing length of lease which can costs many £000s to pay to the Landlord to have it extended.

Transaction levels for house sales in the UK has reached a three-year high

April 10, 2013

Following a subdued start to the year, conveyancing solicitors are now experiencing greater volumes of house sale transactions, to the delight of home owners and estate agents, as the RICS reports that transaction levels for house sales in the UK has reached a three-year high with chartered surveyors reportedly selling an average of 17.4 homes over the previous three months, the highest number…

Lack of Building Regulation consent – why legal indemnity policies may NOT be the cure

April 9, 2013

It is quite common for conveyancing solicitors to spot within conveyancing transactions that a property has had building works carried out without the necessary Building Control consent having been obtained, for whatever reason (e.g. ignorance of the law, cost cutting or a builder poorly advising the customer of the requirement).

What searches does my conveyancer do?

April 8, 2013

It is almost universal (and therefore the test as to whether a conveyancing solicitor has been negligent) that conveyancers carry out a minimum of 4 searches on any house purchase, to protect both the buyer and also any mortgage lender who may be lending.

A day in the life of a conveyancing solicitor

April 5, 2013

Being a conveyancing solicitor can often be mildly depressing, as you continuously empathise with the emotions of your clients, their highs and lows of the moving process, their frustrations with slow conveyancers, with mortgage offers that are promised but seemingly take ages to arrive, and the worry that someone in the moving chain might get cold feet, or simply fail to realise they are part of…

Abortive house sales. What can you do?

April 4, 2013

Twelve months ago, the fall through rate for house sales was just over 30 per cent (in March 2012), double the rate at which house sales fell through in 2006 showing how difficult it had become to retain a buyer until completion.

“No win, no fee” continues

April 3, 2013

With the introduction of the Legal Aid, Sentencing & Punishment of Offenders Act (LASPO) on 1 April 2013, some reports in the media have wrongly commented on the death of 'no win, no fee' funding arrangements for personal injury claims.

Top 10 ways the legal process between conveyancers can be quickened

April 3, 2013

1. Choose a good conveyancer – one with Law Society accreditations – Lexcel and CQS (Google these accreditations) and one who is actually qualified (e.g a solicitor, chartered legal executive) as few people realise they do not even have an actual solicitor acting for them. The better the conveyancer, the quicker they are at making decisions (without having to speak to someone…

Welcome to a conveyancing chain

April 2, 2013

Every seller and buyer has their own agenda on how fast they are prepared to complete their sale or purchase. As do their seller's own seller or their buyer's own buyer. And even their seller’s seller and their  buyer’s buyer. And so on.

Changed your name since buying your house?

March 28, 2013

If you change your name, your Land Registry property deed is not automatically updated. This can cause identification issue when you come to sell your property or at any time when you need to prove your ownership of the property.

Your mortgage on a property sale and purchase

March 28, 2013

Whether you are buying or selling a property, it is likely that there will be a mortgage lender involved in the transaction. It is vital that your conveyancing solicitor ensures the availability of your mortgage monies on time (and the repayment of any mortgage on time).

Do you know what your conveyancer is doing behind the scenes for you?

March 27, 2013

Buying or selling a property can be a stressful experience, but an efficient conveyancing solicitor who makes the process smooth and effortless is worth their weight in gold. The following checklists will help you know what they are and should be doing. The legal work need not be a secret from you:

Empty homes and a new Council Tax bite – no April fools joke

March 27, 2013

A not so welcome Easter gift, and certainly no April fools joke. As a result of the Local Government Finance Act 2012 Local Authorities have been given flexibility to vary some Council Tax exemptions and discounts in order to help Councils meet their budgetary challenges, as well as discourage long-term empty homes.

House moving and holiday booking – what you need to think about before you go

March 27, 2013

Never an ideal situation to face; you have an offer on your house typically in the window you thought you could sneak away on holiday. However, with an efficient conveyancing solicitor, you can juggle both quiet easily.

Miserable March – The importance of house insurance and the looming gap

March 26, 2013

The continuing rain and snow is a stark reminder both of the importance of maintaining buildings and contents insurance of you property, particularly if you are in the process of selling,  but also of the urgency of seeking out a buildings insurance quote at a very early stage when looking to purchase a property.

Snow and the conveyancer

March 26, 2013

With continuing widespread snowfalls, and the Met Office’s weather alert to last until Good Friday, it is all the more time to be prepared for absent conveyancing solicitors due to possible commuting difficulties to their office.

The need “to get our housing market moving”. But do all conveyancers help with this?

March 26, 2013

In last week’s Budget, George Osborne made it quite clear for the need “to get our housing market moving”. But how true is this of conveyancers when handling the legal work and what can be done to improve things?

House buying? Why have a survey?

March 25, 2013

The media is awash with coverage of recent flooding, and the suggestions that insurance companies may no longer offer flood cover. Consequently, signs and chances of flooding have become a widespread concern for home movers.

Where are the property deeds for your house?

March 25, 2013

“My lawyer says there are no such things as property deeds anymore as it is now all computerised by the Land Registry.”

Chris Whiteley appointed Deputy District Judge by the Lord Chancellor

March 25, 2013

Chris Whiteley, Senior Partner at Salisbury and Southampton based Trethowans Solicitors, has been appointed as a Deputy District Judge by the Lord Chancellor, following a rigorous selection process.

Enquiries after enquiries: a conveyancing solicitor’s nightmare

March 22, 2013

How many conveyancers will raise their hands to say that they face deal breaking delay over excessive enquiries raised by over cautious conveyancers? Or those who have been sued and so are covering themselves, or who simply throw out standard enquiry forms because that is what they have always done? Or just those whose training in conveyancing leaves a lot to be desired?

Budget 2013: Government support for the housing market

March 21, 2013

Representing a significant extension of what the Chancellor calls ‘Help to Buy’, a scheme previously only available to first-time buyers with family incomes of under £60,000, George Osborne said in yesterday’s budget "The deposits demanded for the mortgage these days put home ownership beyond the great majority".

Trethowans acts for Spire Payments

March 20, 2013

The Corporate & Commercial, Employment and Commercial Property Teams at Southampton and Salisbury based Trethowans Solicitors has advised Salisbury based Spire Payments UK Limited (Spire Payments) on its acquisition of the entire issued share capital of Thyron Payment Systems Limited (TPSL).

Another stamp duty blow after 6 April 2013: Disadvantaged areas relief

March 19, 2013

Around 30,000 purchasers a year of residential property in areas designated as 'disadvantaged', where the purchase price does not exceed £150,000 are to lose the current disadvantaged areas relief from stamp duty. To see if a property is in such an area, a postcode checking service is available.

Do not waste your time and money on some conveyancers

March 19, 2013

The introduction of the Law Society’s conveyancing quality scheme (CQS)  promotes a solicitor firms  good practice management standard and adherence to prudent and efficient conveyancing procedures.

Law Society’s Conveyancing Quality Scheme (CQS) may quicken house moves by ‘solicitor’ conveyancers

March 18, 2013

Hundreds of solicitor firms continue to apply for the Law Society quality standard the Conveyancing Quality Scheme (CQS) which promotes their good practice management standards and adherence to prudent and efficient conveyancing procedures. The scheme has a documented set of requirements and rules (called the ‘protocol’) intended to regularise relationships between the buyer and seller’s…

Locating Jack and Jill

March 13, 2013

Janet and John had been married for about 6 years and had 2 children, Jack who was aged 4 and Jill who was aged 2.

High Court clarification on cross border cases

March 12, 2013

In the case of Wall v Mutuelle de Poitiers Assurances 2013 the High court has provided some useful clarification for those dealing with or involved in cross border cases.

Inaccurate replies to enquiries

March 11, 2013

During a property transaction, a buyer’s solicitor will usually request replies to pre-contract enquiries.  The seller is not obliged to answer these enquiries, but he is under a duty to disclose latent defects in title such as adverse easements or issues with the property boundaries. 

Chancel repair liability

March 11, 2013

In the case of Aston Cantlow v Wallbank and another (2003) the parochial church council served a notice on the defendants claiming approximately £95,000 for chancel repairs.  It was held that the chancel repair liability was enforceable.  As a result of this decision, the defendants would be liable for any future demands for payment and they would also find it difficult, if not…

Changes to the EPC regulations

March 11, 2013

As of 9 January 2013, a building that is larger than 500m², is not a dwelling and is frequently visited by members of the public has a new obligation to clearly display the Energy Performance Certificate (“EPC”), if one is available.

Permitted change from office to residential

March 11, 2013

The Government has confirmed that from Spring 2013 the permitted development rights will be temporarily extended for a period of three years to include a change of use from B1(a) office to C3 residential.  This is an attempt to address the issue of low demand for office space and high demand for residential property.  This could also help bring life back to the high street by changing…

The end of CFAs – Now is the time to act

March 8, 2013

With less than a month to go before CFAs (Conditional Fee Agreements) are abolished, and also the ability to insure against the other sides costs and recover the premium on success, time is running out if you want to pursue a claim and recover the CFA uplift on your legal costs from the opposition.

Winter accidents – part 3 – highways claims

March 8, 2013

Many people who slip over and injure themselves on ice on a pavement believe they have no possible redress. Whilst this is sometimes the case, in some circumstances claims can successfully be pursued against local councils or highway authorities in respect of the state of the roads and pavements.

Costs Budgeting: An opportunity or a threat?

March 7, 2013

This article appears on www.pibriefupdate.com

Proud to support Great British Beef Week

March 7, 2013

Great British Beef Week runs from 21st – 28th April 2013. The campaign encourages people to host a roast dinner for friends, family, clubs, societies, businesses or even schools and in turn people make a collection or offer donations from their takings to support the Royal Agricultural Benevolent Institution (R.A.B.I.). This is a means of supporting both the British farming industry in…

Winter accidents – part 2 – occupiers claims

March 6, 2013

With snow having again been prevalent, it is inevitable that accidents and injuries have occurred due to the adverse outdoor conditions. 

The benefits of appointing a professional to administer your estate

March 6, 2013

Executors are the individuals appointed under a Will who have the responsibility to deal with a person’s assets on their death.  The choice of executors is therefore very important.

Home, sweet second home

March 5, 2013

Franklin D Roosevelt once said “Real estate cannot be lost or stolen, nor can it be carried away.  Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the World”.

Winter accidents – part 1 – claims against employers

March 4, 2013

As another cold winter draws to a close, we are left to reflect on the consequences that the snow and ice have had upon those working in such conditions. Inevitably, the risk of accidents occurring has been significantly higher than usual over the past few months.

Injuries caused by animals

March 4, 2013

Personal injury claims can arise from many different types of accidents e.g. accidents at work, road traffic accidents, medical negligence, head injury and spinal injury cases. One more unusual type of case which our personal injury team deals with is claims for injuries caused by animals. Animals, and in particular large animals such as horses, can cause catastrophic injuries.

Who’s your daddy?

March 1, 2013

When a child is born to a married woman, her husband is automatically presumed to be the father unless it is proved otherwise.  The burden of proof falls on the person alleging that the husband is not the father and this is usually settled by way of a DNA test to establish paternity.

When is a dismissal not a dismissal?

February 22, 2013

Many HR advisers will be familiar with the cold shiver that passes down the back of the spine when a manager makes contact to say that they have just called an employee into their office and sacked them.

The show must go on

February 21, 2013

The Court of Appeal have overturned the decision of the Employment Appeal Tribunal (EAT) in the case of Transport for London v O'Cathail.

Cheap meat, cheap conveyancing – dare you risk them?

February 20, 2013

We all like a bargain, especially in these times of austerity. There is cheap, and then there is affordable. The continuing horse meat scandal currently reported in the media is a clear example of where ‘cheap’ can be hiding a horrible reality, namely, that you are not actually getting what you think you have bought.

South Coast Business Works

February 20, 2013

Business people from across Hampshire left the office behind to meet each other face to face as the Daily Echo’s South Coast Business Works event returned for its third year. Hundreds of top Hampshire business people converged on the De Vere Grand Harbour Hotel for a day-long programme of cutting edge seminars, master classes and advice from more than 30 exhibitors.

What is an establishment for the purposes of the collective redundancy provisions

February 20, 2013

Renfrewshire Council v Educational Institute of Scotland

Who is in control?

February 19, 2013

In the case of White and Todd v Troutbeck SA, the Tribunal considered how control relates to the relationship between employer and employees and the definition of ‘in employment’.  The Tribunal was clear that the contractual level of control, rather than its day-to-day exercise, is the key consideration.

Pride and privilege

February 18, 2013

A recent case in Canada reminds us once again to take care in the sending of emails as, in this particular matter, even legal privilege could not prevent the email from playing its part in potentially disastrous consequences for the employer.

Conducting your social media life

February 15, 2013

In a time not so long ago, if an individual had a thought that they wanted to discuss, they would have to wait to get to a pub or a cafe in order to discuss it with a small cohort of friends.  In the intervening time, they may well have forgotten what the thought even was!  The advent of social media has dramatically changed this: individuals are now able to broadcast their views to…

Innocent until proven guilty?

February 14, 2013

The central issue to the appeal in Stuart v London City Airport was the reasonableness of the employer’s investigation into the employee’s alleged dishonesty.

The Agency Workers’ Regulations and the Swedish Derogation

February 13, 2013

The Agency Workers' Regulations require that after a twelve week qualifying period, agency workers are entitled to the same basic employment conditions as permanent employees.  However, the Regulations also recognise the Swedish derogation (an exception from the EU Regulations negotiated by the Swedish Government).  The derogation provides an exception from the principle of equal…

Some other substantial reason

February 12, 2013

Sandford and Parkin v Newcastle Upon Tyne Hospitals NHS Foundation Trust

A weeks pay

February 11, 2013

As mentioned in last month's Know-How, 1 February saw the expected increases in compensation limits.

Injured claimants urged to take action now as April 2013 and the Jackson Reforms approach

February 8, 2013

The government's much criticised civil justice reforms will come into force at the beginning of April 2013 and any injured claimants bringing personal injury claims are strongly advised to take urgent action before the changes take effect.

Tracing insurance

February 7, 2013

The majority of litigation is usually pursued within a matter of several years of the actionable event arising.  Limitation dates generally restrict Claimants to seeking legal redress within 3 years for personal injury or 6 years for other issues.  However section 11(4)(b) of the Limitation Act 1980 makes specific provision that the 3 year time limit for personal injury can be deemed to run from…

Direct vs. indirect loss

February 6, 2013

You have a contract with a third party.  It is on the third party’s terms and conditions.  The other party breaches the contract.  You bring a claim in respect of your loss.  The other party refers to its terms and conditions and in particular an exclusion /  limitation of liability clause that excludes liability for all indirect and/or consequential loss.

Court of Appeal will scrutinise large credit hire claims

February 4, 2013

Last week brought a decision from the Court of Appeal that will have warmed the hearts of opponents of credit hire.

Secure tenancy or not?

February 4, 2013

Contracting out of the security of tenure provisions, which form part of the Landlord and Tenant Act 1954 (LTA 1954), has implications which landlords and tenants, as well as their professional advisors, should be aware of.

Worth the paper it’s written on?

February 4, 2013

F.W.F. Farnworth Limited v Lacy

50 shades of occupation

February 1, 2013

Business tenancies, to which the Landlord and Tenant Act 1954 (the 1954 Act) applies, will – unless the tenancy has been brought to an end – give rise to an automatic continuation tenancy at the end of the contractual term.

Neilly packed his trunk

February 1, 2013

It is common practice nowadays to include restrictive covenants within employment contracts, particularly for senior employees but the importance of getting them right has been reinforced by the decision in the recent case of Patsystems Holdings Ltd v Neilly.

Enforcement overview

February 1, 2013

What should you do, if after you have obtained Judgment, a debtor still doesn’t pay?

Protection for all?

January 31, 2013

It is commonly said nowadays that, when it comes to discrimination law, everyone has a protected characteristic, and this is true, after all, everyone has a sex, an age, a race and a sexual orientation; however, the question of whether everyone is protected has just got a little bit more interesting.

Concerns grow over Government proposals for asbestos cases

January 30, 2013

At the end of last year the government confirmed that a consultation would begin in Spring 2013 in relation to the reform of mesothelioma cases.

Is a pie in the face worth 4 in the van?

January 30, 2013

In the case of Santos v Disotto Foods Limited, Mr Santos was dismissed for failure to follow instructions from management and subsequently claimed unfair dismissal.

Lap dancers – less cover

January 29, 2013

In Stringfellow Restaurants Limited v Quashie the Employment Appeal Tribunal (EAT) overruled the Employment Tribunal and concluded that Ms Quashie, who had worked as a lap-dancer for 18 months, was an employee and so could claim unfair dismissal.  Despite the fact that she was not guaranteed any pay, the EAT found that there was a contract of employment on the nights she actually worked: she…

Hurley v Maruki highlights the importance of complying with the Consumer Regulations

January 28, 2013

When the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008 came into force on 1 October 2008 there was widespread concern among solicitors that a number of Conditional Fee Agreements could fall foul of these provisions, even though they were primarily aimed at protecting consumers against unscrupulous door to door salesmen. In brief, the Regulations…

Employment law and social media

January 28, 2013

With Flexman v BG Group plc being heard recently, it has brought the use of social media and its impact on employment law back to the surface.

Government crackdown on “bad” bailiffs

January 25, 2013

Following a Ministry of Justice consultation last year, BBC News has today reported that next year the Government will introduce new laws to regulate the bailiff industry in England and Wales.

It seems obvious but….

January 25, 2013

When a business transfers from one owner to another or a service is moved from one provider to another, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) will normally apply.

Court of appeal recognise counsel of perfection point in bus operator case

January 24, 2013

In the case of Paramasivan v Wicks 2013 The Court of Appeal followed the earlier case of Ahanonu v South East London and Kent Bus Co Ltd 2008. 

One reason or another

January 24, 2013

It can be easy to focus on complicated legal issues and allow the basics to slip.  The recent judgment of Logan v Celyn House serves as a good refresher of one basic element of constructive dismissal: what happens when there is more than one reason behind the employee resigning?

Good news for first time buyers looking to get on the property ladder

January 23, 2013

The Council of Mortgage Lenders (CML) has declared that the property market is "improving". This has been prompted by an increase in the number of 90% mortgage loans being offered by mortgage lenders which, in turn, has resulted in an increase in the number of first time buyers.

The Green Deal: what you should know

January 23, 2013

The Green Deal (GD) commences on the 28th January and is the Government's way to pay for energy-saving home improvements designed to reduce carbon emissions. The GD helps people pay for energy efficiency improvements like insulations and new boilers, through an effective loan (with fixed interest) capped for the time being at £10,000 and repayment via a higher daily charge on their…

Consultation on collective redundancies

January 23, 2013

An employer proposing to make 20 or more redundancies must consult with representatives of the affected employees but when must it start the consultation?

Late Night Levy – update

January 22, 2013

The date for the Late Night Levy (LNL) to start is coming ever closer, with the first licensing authorities most probably bringing them in around June 2013. Consultations start in March.

Restrictive covenants – popular misconceptions

January 22, 2013

There are two schools of thought regarding restrictive covenants (clauses preventing ex-employees competing with their former employer) that need rectifying:

Owner-Employee Contracts

January 21, 2013

Last autumn the Government launched a consultation about proposals permitting employees to give up some of their employment rights in return for shares.  The Chancellor of the Exchequer, George Osborne announced plans to introduce the new 'owner-employee' contract, essentially, a type of employee share scheme.  Whilst it is not an unusual incentive for a company to offer…

Heads up

January 18, 2013

These predictions are, of course subject to the Parliamentary Timetable and, in particular, the progress of two Bills: The Enterprise and Regulatory Reform Bill and The Growth and Infrastructure Reform Bill.  

ECHR decision in religious discrimination cases

January 15, 2013

BA’s ban on wearing crosses was discriminatory, rules the European Court of Human Rights.

A lack of training and doctor migration gives cause for concern

January 4, 2013

Dr Ben Molyneux, recently appointed as chairman of the British Medical Association’s junior doctors committee, has warned that changes in the NHS and the financial pressures it is facing are having a significant impact upon the quality of training which was also leading to a significant loss of junior doctors abroad.

Plans to amend law to include presumption of shared parenting

January 3, 2013

Recognising concerns raised mostly by fathers that following separation or divorce they are marginalised by their children's mother and the Courts, the Government has announced that it proposes to make changes to the Children Act 1989 to provide for a presumption of shared parenting.

Charging orders – securing unpaid debts in the long term…

December 19, 2012

A charging order is a way of securing an unpaid judgment debt by imposing a charge over a judgment debtor’s beneficial interest in land, securities or certain other assets.  If the debtor then sells the property against which the charge is registered in time, the amount owed under the order will be repaid to the creditor through the proceeds of the sale.  Where there is…

New Year, New Start

December 18, 2012

Couples often think of the New Year as a time to make a fresh start and sadly, can mean the ending of a relationship.

Concern as to Government’s attack on whiplash victims

December 18, 2012

Earlier this week Justice Secretary Chris Grayling outlined proposals for independent medical panels to diagnose whiplash injuries and proposals to raise the small claims limit from £1,000 to £5,000.

A stark warning by the Chief Legal Ombudsman about the of dangers from ‘conveyancing factories’

December 17, 2012

The Legal Ombudsman’s report – ‘Losing the Plot – residential conveyancing complaints and their causes’ published on 11th December 2012 says that in a market where conveyancing transactions are dramatically reduced, conveyancers should be doing everything they can to “preserve and enhance their reputations”; and providing a “quality service and reducing the causes of complaints should be an…

The truth behind unsolicited texts

December 13, 2012

A recent letter published in the Daily Mail entitled ‘Ambulance chasers’ highlighted the recent practice of unsolicited text messages encouraging recipients to make a personal injury claim for accidents they haven’t had. 

Christmas cheer at countryside quiz

December 11, 2012

On Tuesday Trethowans Solicitors once again hosted their popular annual Christmas countryside and agriculture quiz. Twelve teams from businesses across the Salisbury region gathered at Salisbury Guildhall to challenge for the much sought after prize of the 'Pig' trophy. The teams tackled eight rounds including topics on theme tunes, sporting films, the Olympics, and slightly trickier…

Getting married? Get prepared.

December 7, 2012

In this article, Suzanne Foster, a family lawyer at Trethowans Solicitors highlights two important considerations for couples planning to tie the knot. Firstly she explains the role a pre-nuptial agreement (pre-nup) plays and secondly, the importance of making or updating your Will when you get married.

Sporting injury claims – injuries beyond the rules

December 7, 2012

This past summer the nation was gripped with “Olympic Fever” as London 2012 came and went with great acclaim and success and with Team GB winning a record number of medals for the modern era. As with many major sporting events, injuries do occur and the Olympics witnessed its fair share, from weightlifters dislocating their elbows to runners suffering knee and foot injuries, to…

Joint ownership – what language is your conveyancer talking?

December 5, 2012

Maybe you have received a conveyancing quote, or your conveyancing solicitor has sent you their Welcome Pack and both use odd words and phrases. You might be forgiven for thinking they are speaking a different language. However, the legal work involved in house buying and selling does indeed use some strange words and phrases. Thankfully, many lawyers provide explanations of what to expect when…

Optimism for 2013 housing market – so prepare now

December 4, 2012

Commenting recently on house prices, Nationwide's chief economist Robert Gardner has said "the predominant theme remains one of stability”.PAccording to the latest monthly report from Rightmove, UK residential property prices are up by 2% year on year, the highest annual rate of increase seen in the month of November since 2007.

Hidden conveyancing quote charges compound house price misery

December 3, 2012

With the figures released only days ago by the Council of Mortgage Lenders (CML) highlighting the impact of high house prices on a generation of young people, it is even more important that conveyancing solicitors and all other non-solicitor conveyancers are completely transparent about their charges so as not to add even more hardship on the very people they count on to stay in business.

Unregistered deeds – have you lost the plot?

November 30, 2012

Nearly 70 per cent of land in England and Wales belongs to people who have 'registered' their deeds with the Land Registry, and which have now been replaced by computerised records held centrally at the Land Registry, and whose records and the accuracy of which are guaranteed by the Government.

The Law Society stresses the need for quality conveyancing solicitors

November 29, 2012

The Law Society’s Conveyancing Quality Scheme (CQS) provides a quality standard for residential conveyancing solicitor firms. It recognises the integrity of the firm’s key conveyancing staff, their adherence to good management standards and their efficient conveyancing procedures through the scheme’s imposed standards that a conveyancer must follow.

Purchasing a potential flood prone property

November 28, 2012

You find your dream home, perfect location and within budget. But there is a catch – it has been previously prone to flooding. Do you carry on regardless or walk away?

New Criminal Injuries Compensation Scheme now in force

November 27, 2012

The new Criminal Injuries Compensation Scheme comes into force today (27 November).

EU consults on the harmonisation of limitation periods

November 13, 2012

This article appeared online on 8 November in Insurance Insight from Post Magazine.

Late night venues – EMROs and the late night levy

October 31, 2012

Do you operate a late night venue?   For the purposes of this note, I mean a venue offering alcohol at any time between midnight and 6am the following morning.

Gaming machine update – the duty licence

October 29, 2012

HM Revenue and Customs LicenceAs well as ensuring the necessary authorisation is in place for the machine, there is also a requirement for each dutiable machine to have a duty licence (the Amusement Machine Licensing Duty or AMLD). Penalties for failing to have such a licence are severe. The licence should be displayed on site. It is renewable annually. This licence is often dealt with by the…

Gaming machine update: Skillette machines

October 22, 2012

Do you have a Skillette machine? If so, and it is not covered by the appropriate authorisations, you may find yourself facing prosecution.

Dangerous liaisons

October 18, 2012

From down under….

TUPE: Harmonisation and re-engagement

October 17, 2012

In Manchester College v Hazel and Huggins the Employment Appeal Tribunal considered claims of unfair dismissal under TUPE.  The case raised questions about the harmonisation of contractual terms and remedies. 

PI insurers expect rise in claims against solicitors

October 16, 2012

It has emerged that professional indemnity insurers are expecting an increase in the number of claims made against solicitors arising from badly handled personal injury claims.

Christian registrar registers European challenge

October 16, 2012

Ms Ladele, a former Registrar at the London Borough of Islington, has also brought her case to the European Court of Human Rights (ECHR), questioning whether it was a breach of her human rights to be compelled to officiate at civil partnership ceremonies when she objected to doing so on the grounds of her religious belief.

Round 2 in the battle over the proposal to increase general damages

October 15, 2012

In the face of an Application by the ABI (Association of British Insurers), yesterday the Court of Appeal delivered an amended judgment in the case of Simmons v Castle 2012 which will be of some comfort to the Defendant insurance market.

Christian cross claim goes to Europe

October 15, 2012

On 4th September 2012, the European Court of Human Rights (ECHR) heard the case of Eweida v UK Government, (together with three other Christian religious belief cases, Chaplin, Ladele & MacFarlane).

Courts show zero tolerance in fraud cases

October 12, 2012

Dishonesty does not pay. So found Mr Bowyer Snr, whose son brought a fraudulent personal injury action. On 2 August 2012 the Court found that Mr Bowyer Snr had known that the claim was fraudulent, but had taken steps to support it dishonestly, lying in both his affidavit and in oral evidence before the Court. He was found guilty of contempt.

Are you ready for the new world of litigation funding?

October 12, 2012

Litigation funding is a hot topic at the moment, and not simply for lawyers with an interest in costs law!

Interest – is your business getting what it’s owed?

October 12, 2012

Did you know that all businesses and the public sector can charge statutory interest for the late payment of commercial debts?

Qualified to claim unfair dismissal (part 2)

October 12, 2012

To claim unfair dismissal, the Claimant has to have been an employee of the employer.  If he is self employed or a worker he cannot make such a claim.

Qualified to claim unfair dismissal (part 1)

October 11, 2012

Continuity of employment is normally critical to whether a dismissed employee can claim unfair dismissal.

Telecoms and rural property owners

October 10, 2012

The advent of the 4G telecoms network, which promises significantly faster wireless broadband services than the current 3G network, is great news for those living in the most rural parts of the South West. Marcus Thorpe, Head of Agriculture and Rural Property at Trethowans LLP, explains why.

Stakeholder pension schemes

October 10, 2012

The stakeholder pension designation requirements were repealed on 1 October 2012.  This means that employers employing five or more employees are no longer required to provide access to a stakeholder pension scheme.

International child relocation

October 8, 2012

There were some powerfully emotional headlines and some extremely distressing footage this week as four girls, aged between 9 and 15, were dragged from their mother in Australia, kicking and screaming onto a plane to return to their father in Italy.

The new child maintenance service (CMS)

October 2, 2012

There are some important changes ahead to the way in which the State will operate child maintenance arrangements between separated parents.

Live music is back

October 1, 2012

The law relating to live music changes today. The Live Music Act 2012 gets rid of some of the red tape that caused such controversy for small, amateur music makers all over the country when the Licensing Act 2003 came into force.

EAT deliver three judgements

September 24, 2012

An old adage has it that things come in threes: 3 blind mice: 3 French hens: 3 Billy Goats Gruff; and 3 wise men.  And so it was in the Employment Appeal Tribunal (EAT) during six days at the end of last month when it delivered three judgements about employment status.

Trethowans voted “Estate Agents Conveyancing Firm of the Year”

September 24, 2012

On Thursday night at a glittering awards ceremony in Coventry, Tim Higham, Partner and Head of Residential Property at Trethowans Solicitors was presented with the highly sought after award of “Estate Agents Conveyancing Firm of the Year” from Justin Urquhart Stewart, the well known TV and radio presenter.

Sorry seems to be the hardest word

September 21, 2012

In Assamoi v Spirit Pub Company (Services) Ltd the Employment Appeal Tribunal decided that in certain circumstances an employer may be able to prevent a situation escalating into a breach of trust and confidence by apologising to their employee.

National minimum wage increases

September 21, 2012

From 1 October 2012 the national minimum wage will increase as follows:

Post-termination restrictions

September 20, 2012

Can a 6 month prohibition against soliciting any customer be valid? In Safetynet Security Limited v Coppage the Mercantile Court said yes. 

Directors not protected by TUPE

September 19, 2012

In Edinburgh Home-Link Partnership & others v The City of Edinburgh Council & Others the Employment Appeal Tribunal (EAT) upheld a decision that the Directors of a charity did not transfer when their charity’s services were taken in house by the council.

Sick workers and holiday entitlement

September 18, 2012

Under the European Union Working Time Directive, workers are entitled to a minimum four weeks' paid annual leave.

Trethowans nominated for award to recognise conveyancing excellence

September 18, 2012

Trethowans, a premier law firm in the South with offices in Salisbury and Southampton, is delighted to have been nominated as a finalist in the category “Estate Agents Conveyancing Firm of the Year”, part of the national LFS Conveyancing Awards 2012.

Compensation awards: does a new job break the chain of causation?

September 17, 2012

What losses do employers pay for?

Employment tribunal reforms announced

September 14, 2012

The Business Secretary, Vince Cable, has today announced the start of consultation into certain reforms to the Employment Tribunals.

Sleeping on the job

September 14, 2012

Sometimes you have to admire the creative thinking of certain lawyers.

Pool of one: the “inelegant phrase”

September 13, 2012

As our regular readers, as well as those of you who attended our June Seminar, will know, there has recently been something of a spate of cases concerning redundancy dismissals.  Employers and HR professionals will have noted with relief that the general tenor of the Judgments has been in favour of employers.

National minimum wage: name and shame

September 12, 2012

In January of last year, the UK Department for Business, Innovation and Skills (BIS) introduced a scheme whereby employers who fail to pay employees the national minimum wage can be named.  The reasoning behind the scheme was that the bad publicity might achieve what the risk of getting caught could not and impel employers to pay the national minimum wage ("NMW").

Immigration – renewal of sponsor’s licences

September 11, 2012

The first round of Tier 2 sponsor licences will shortly come up for renewal (licences run for a fixed period of 4 years).  We anticipate that renewal notices will be sent out but it would be unwise to bank on this.

Claims for mis-selling by banks: Interest rate products

September 10, 2012

Over the years banks have developed a number of products for customers to hedge against the risk of rising interest rates on their loans. Many were sold in 2005 – 2008, preceding the sharp fall in the BoE base rate – this fluctuated between 5% and 5.75% from November 2006 to April 2008 but by March 2009 it had reached a low of 0.5%.

Slavery in England?

September 10, 2012

"I'm not your slave" is a phrase that parents of teenagers across the land come to hear on a daily basis for at least five of their little darlings' "difficult years".

Family migration and human rights

September 7, 2012

The latest squeeze on immigration was announced last month with the introduction of tighter controls on the entry of family members and on the operation of Article 8 under the Human Rights Act.

Peaceable re-entry of mixed use premises

September 6, 2012

A landlord of a commercial property is entitled to forfeit the lease by peacefully re-entering the property.

Rent deposit deeds

September 6, 2012

Currently, if a rent deposit deed creates a charge over the monies held by a landlord as security for the performance and observance of a tenant’s obligations pursuant to a lease, then this charge must be registered at Companies House. Failure to do so within 21 days of the date of the deed will mean that the charge is void against a liquidator or administrator of the tenant.

Recovery of insurance rent

September 6, 2012

In the case of Green v 180 Archway Road Management Co Ltd (2012), the Lands Tribunal has confirmed that if a landlord does not comply with its insurance obligations under the lease then it cannot recover the insurance rent from its tenant.

Welcome relief for landlords of empty properties

September 6, 2012

The burden of empty rates liability could soon be a thing of the past following a recent High Court decision by Judge Jarman QC.

Cowboy clampers and the loophole

September 4, 2012

The Protection of Freedoms Act comes into force on 1 October 2012 and amongst other things will prevent clamping and the removal of vehicles by people who do not hold authority to do so on private land.

Controversy continues over proposal to increase General Damages

September 4, 2012

In his wide ranging review of litigation costs Lord Justice Jackson proposed a package of measures to include a 10 per cent increase in General Damages.  It was felt that the reason for this was to compensate claimants for the fact that they would no longer be able to recover success fees payable under the terms of their Conditional Fee Agreement.  However, this proposal was not…

10 year old decides her own religious faith against mother’s wishes

August 13, 2012

Judges are often asked to make the most difficult of decisions in cases where warring parents are unable to agree how their children are to be raised.

Trethowans gain Law Society’s new Conveyancing Quality Standard

August 6, 2012

Hot on the heels of being nominated for "The Estate Agents Conveyancing Firm of the Year", the Law Society have just awarded the Conveyancing Quality Scheme (CQS) accreditation to Trethowans, a premier law firm in the South.  This is an accreditation from the Law Society and is only awarded to residential conveyancing practices demonstrating extremely high standards of service.

How to help protect your home against property fraud

August 2, 2012

Media reports have identified how fraudsters may attempt to acquire ownership of a property either by using a forged document to transfer it into their own name, or by impersonating the registered owner. This is especially so where property is empty, whether for example through the owner being abroad, having rented it out or being in a care home.

Salisbury solicitor Rhiannon Daniel raises money for the Back Up Trust

August 2, 2012

Rhiannon Daniel, a specialist personal injury solicitor at Salisbury and Southampton based law firm Trethowans, has raised much needed funds for the Back Up Trust.

Liars beware!

July 27, 2012

Dishonesty does not pay.  So found Mr Bowyer Snr, whose son brought a fraudulent personal injury action.  Yesterday the Court found that Mr Bowyer Snr had known that the claim was fraudulent, but had taken steps to support it dishonestly, lying in both his affidavit and in oral evidence before the Court.  He was found guilty of contempt.

Mediation is the way forward…

July 26, 2012

In early 2011, the Government published its consultation paper ‘Solving disputes in the county courts: creating a simpler, quicker and more proportionate system’ with a view to introducing a major overhaul to the current civil justice system in England and Wales. 

Redundancy selection criteria: objective v subjective

July 26, 2012

As HR managers understand all too well, the need for the criteria used in skills matrices when selecting employees for redundancy to be "objective" has become ingrained.

Costs awards in employment tribunals

July 25, 2012

The topic of costs awards in Employment Tribunals has received a certain level of media coverage recently: one element of the Government's plan to reduce the numbers of Employment Tribunals has been to increase the amount a Tribunal can award, without County Court assessment, from £10,000 to £20,000, from April of this year.

Duty of fidelity and fiduciary duties

July 23, 2012

Ranson v Customer Services Plc.

Serial litigants

July 20, 2012

Her Majesty's Attorney General v A Bentley

Service provision change under TUPE: what is a client?

July 19, 2012

The essence of the service provision change provisions under TUPE 2006 are that outsourcing, insourcing and new contractors taking over services provided to a client are a relevant transfer for TUPE and therefore, employees are protected.

Who should pay?

July 18, 2012

In claims of discrimination, it is not just the employer who can be potentially liable for awards made by the Employment Tribunal, but individuals who acted in a discriminatory fashion as well.

Annual tribunal statistics 2011/2012

July 17, 2012

The Ministry of Justice has now published the annual statistics for Tribunals for the year 1 April 2011 to 31 March 2012.  In total, 186,300 claims were received by the Tribunals.  This represents a fall of 15% on the previous year.

Where angels fear to tread … religion in parental disputes

July 10, 2012

I was in a coffee shop reading about the pending divorce between Tom Cruise and Katie Holmes recently. My first thought was "They really should resolve this using the collaborative process, rather than having their private life, and that of their daughter, made public".

Insurance warning for group companies

July 6, 2012

This article appeared in the Hampshire Chamber of Commerce Chamber News Magazine for July 2012.

Motor insurance update: Worboys decision welcomed by insurers

June 29, 2012

In May 2009 a class action was brought by victims of John Worboys, a black cab driver convicted of rape, sexual assault and 12 charges of drugging female passengers.  The action not only named Mr Worboys as Defendant, but also his motor insurers on the basis that his policy of motor insurance covered not just injuries caused by road accident, but also harm resulting from deliberate criminal acts.

Equine & animal claims update

June 29, 2012

In the case of Kara Goldsmith v Robert Bradley Patchcott 2012 the Court of Appeal clarified the operation of the Volenti defence provided by the Animals Act 1971 in a helpful decision for defendants.

If you go down to the woods today, make sure you don’t get a big tax surprise

June 28, 2012

Most farms have some form of small wood or coppice on their land. Yet with the resident property market stagnating, a general mistrust of banks, poor returns on traditional financial products and an increased interest in sustainability (especially as oil and gas prices continue to rise), the value of woodland has seen a twenty per cent rise over the last eighteen months and this trend is set to…

Piggy in the middle – farms in divorce

June 27, 2012

To mangle a phrase of Tolstoy’s, all divorces are tough but farming divorces are tough in a particular way.

Estate Agents invited to vote for their favourite conveyancing firm

June 26, 2012

Which law firm do estate agents think offers conveyancing worthy of an award? Whether a big national firm or a small local practice, estate agents now have the chance to nominate their favourite conveyancing firm to receive recognition.

CAP Reform – direct payment proposals and negotiating land deals

June 26, 2012

The European Commission has now published its proposals for reform of the Common Agricultural Policy in 2014. Although there will be many more negotiations between member states before these proposals become law, it is anticipated that an agreement will be reached by January 2014.One key proposal is the intended introduction of a new system of Direct Payment to replace the Single Payment…

Succession planning steps for farming families

June 25, 2012

Historically the farming industry has not been great at succession planning. By this, I mean, the process by which the business and the ownership of the farm moves from one generation to another is discussed, planned and implemented often whilst managing external forces such as divorce and capital taxation. A failure to plan can have a powerful influence of the development of a business. Studies…

EU ruling – Employees can reclaim annual leave if they are sick during their holiday

June 22, 2012

The European Court of Justice has handed down its decision in the case of ANGED v FASGA. The Court has decided that a worker who is sick during their annual leave is entitled to reclaim their annual leave and use it at a later date, irrespective of whether the worker became sick before or during their annual leave.

Liability – a fine line

June 21, 2012

In the recent Court of Appeal case, Scott v Symons (2012), it was found that a claimant motorcyclist injured in a road traffic accident was responsible for the accident by riding his motorcycle onto the wrong side of the road.

UK economy under threat due to lack of succession planning by UK farmers

June 21, 2012

A recent survey undertaken by Barclays Bank of almost 400 arable and dairy farmers has shown that nearly half (44%) of UK farmers had no formal succession planning in place for when they retire which potentially could jeopardise the future success of their business. 

Varying the effective date of termination

June 20, 2012

Experienced HR professionals will be familiar with the fact that it is not possible for employers to agree with their employee to vary the date of termination.  The phrase used by lawyers to describe ascertaining the date of termination is that it is a “statutory construct”: in other words, the date is absolute and cannot be changed unilaterally or by agreement.

Government seeks consultation on change in parenting laws

June 19, 2012

In February 2012, the Government issued its response to the Family Justice Review’s recommendations with reference to the review of the family justice system.  That response confirmed that the Government intended to implement many of the recommendations made by the Review and that it intended to concentrate on assisting parents to reach agreement between themselves as to the…

No double jeopardy rule for employees

June 19, 2012

The question of whether an employee can be put through a second disciplinary procedure in relation to the same allegation was considered by the Employment Appeal Tribunal (EAT) in Christou & Ward v Haringey. 

Temporary event notices

June 18, 2012

The introduction of the Police Reform & Social Responsibility Act in April 2012 brought important changes to the TEN regime. Key points to note are as follows:

It’s against my human rights

June 18, 2012

The question of whether an employer’s failure to properly carry out an internal disciplinary procedure can amount to a breach of an employee’s right to a "fair and public hearing" under the European Convention of Human Rights has been comprehensively answered in the recent case of Mattu v University Hospitals of Coventry and Warwickshire NHS Trust. The answer is no (most of…

Enterprise and Regulatory Reform Bill

June 15, 2012

This draft legislation plans to introduce the following key changes: 

Clare Carter appointed to AvMA panel

June 14, 2012

Clare Carter, a partner and head of the personal injury team at Trethowans Solicitors has been appointed to the AvMA clinical negligence panel.

Proposed changes to the Equality Act 2010

June 14, 2012

As part of its ongoing review of legislation in an attempt to reduce “red-tape” the Government has, this month, announced proposed changes to the Equality Act 2010 and the Equality and Human Rights Commission.

Employer / employee relationships during Euro 2012

June 13, 2012

The Euro 2012 football tournament started on Friday 8 June.  In light of this, employers may face an increase in employees asking to leave early, unauthorised periods of absence and distracted employees following the matches whilst at work.

Are you an IFA looking for legal representation re FSCS?

June 11, 2012

The Financial Services Compensation Scheme (FSCS) has recently issued and served proceedings against hundreds of IFA's relating to the sale of Keydata products claiming that IFA's were negligent and/or in breach of contract in selling those products, following the collapse of Keydata in June 2009.

Motor insurance update

June 11, 2012

Motor Insurance update: Bus operator held responsible for injury to pedestrian crossing against red light.

Is suspension the right option?

May 29, 2012

Often, in cases of potential misconduct, an employer will suspend the employee who is suspected of committing the alleged act of misconduct.  The confirmation letter sent to the employee will usually contain a line within it saying something along the lines of “suspension is not an indication that the company believes that you are guilty of the allegations and is not a disciplinary…

It works both ways

May 25, 2012

The effective date of termination of employment has long been an issue for employers: a letter sent by an employer setting out the employer’s decision to terminate the employee’s employment with immediate effect does not take effect when the letter is written, rather it takes effect when the employee reads the letter.

Never too late to try something new?

May 24, 2012

It seems that the case of Homer v Chief Constable of West Yorkshire Police has been going on since the invention of employment law itself.

Horse owners applaud common-sense decision

May 23, 2012

This article appeared in the Western Morning News and on www.thisiscornwall.com on Friday 18 May 2012.

Costs in Tribunal – myth or reality

May 23, 2012

In two recent cases, the Employment Appeal Tribunal (EAT) has given some insight into the position on recovering costs in Employment Tribunals.

Different treatment and different outcome

May 22, 2012

Employers who want to treat employees, who guilty of, essentially, the same offence, differently need to take note of two cases.

Gay Couples have rights – shock ruling by Court of Appeal

May 21, 2012

The only surprising element of the case of Bull and Another v Hall and Another is that it found its way to the Court of Appeal.

Rejected job applicant claims

May 18, 2012

In Meister v Speech Design Carrier Systems GmbH, a case decided before the Court of Justice of the European Union (CJEU), the question of whether a worker who claimed that she met the requirements of a job advertisement but was unsuccessful can get disclosure of the successful candidate's file was considered.

Sunday Trading During the Olympics – is your business ready?

May 17, 2012

On 1 May 2012 The Sunday Trading (London Olympic Games and Paralympic Games) Bill received Royal Assent. The Act will suspend restrictions on Sunday trading hours in England and Wales for eight Sundays during the period 22 July to 9 September.  Throughout this time, large shops will not have to comply with Sunday opening hours.

What happens if I don’t make a Will?

May 15, 2012

Most people incorrectly think that in the event they die without making a Will, their estate will pass to their spouse.

Non payment of annual fee can result in suspension of licence

May 10, 2012

From 25th April 2012, premises that fail to pay their annual fee on or before the due date will receive a notice of suspension of Premises Licence.

A new look for a premier firm

May 9, 2012

Trethowans, a premier law firm in the South, has unveiled a new look in the form of a brand refresh and a new website. 

Optical negligence claims – out of sight, out of mind?

May 4, 2012

The range of different optical treatment and procedures has dramatically increased over the last decade, from laser surgery including PRK, LASIK and LASEK to lens surgery such as IOL to oculoplastic surgery to vitreo-retinal surgery. In particular the growth in laser eye surgery has become an increasingly common presence on television in the form of adverts for various high street services.

Involved in a road traffic accident with an uninsured motorist?

May 3, 2012

There appears to be some confusion about whether you can make a claim against an uninsured driver. The answer is – yes you can!

New mesothelioma statistics make tough reading

April 27, 2012

New statistics which show the mortality rates for England and Wales from 2006 to the end of 2010 have recently been released by the Office of National Statistics.

Sex attack victims take injury claims to High Court

April 26, 2012

Sex attack victims of a London taxi driver have begun a High Court bid for damages against him and the insurers of his vehicle.

What is contributory negligence?

April 24, 2012

Contributory negligence refers to situations where the injured person is partially at fault for (or has contributed to) the accident which caused their injuries. This is an issue that must be considered at the beginning of any personal injury claim. As long as primary liability can be established against the Defendant, the Claimant will be entitled to compensation.

Dental X-rays, age and immigration

April 24, 2012

Some of us are fortunate enough to look younger than our years and young adults are well used to producing evidence of their age at bars and clubs.  But what if you are from a country where birth records are poor or non-existent and you are claiming asylum in the UK?  

When is a resignation not a resignation?

April 23, 2012

A question faced by many employers is how to deal with an employee who resigns and subsequently attempts to retract that resignation.

How to calculate length of service

April 20, 2012

The period of employment before an employee is qualified to bring a claim of unfair dismissal is one year for those engaged on 5 April 2012 or earlier.  For those engaged on 6 April 2012 or later, it is two years.  However, the principles applied in the case of Parker Rhodes Hickmotts Solicitors v Mr C Harvey are relevant to all.

Speakers at the Salisbury Big Business Event, 23rd – 25th April

April 19, 2012

Salisbury Big Business Event 2012, being run from April 23 to 25 at Salisbury Guildhall, will give those running businesses of all sizes free advice and the chance to gain invaluable information from professionals.

How to avoid lawyers & claims against your business

April 19, 2012

Members of Trethowans Insurance Litigation team are speaking at the forthcoming Salisbury Big Business Event together with Towergate Insurance.

Illegal Contracts and Immigration

April 19, 2012

It is well established that a contract of employment can be terminated by reason of illegality and one of the most common examples of this is when an employee is not actually entitled to work in the United Kingdom.

Police Reform & Social Responsibility Act 2011

April 19, 2012

Most of the changes in this Act that affect licensing will come into effect on Wednesday 25th April. The so called "light touch" regime introduced by the new Licensing Act in 2005 is no more! The Government’s stated aim now is to "rebalance the Licensing Act" to make existing regulation stronger.

Families at Work: Discrimination on the Grounds of Marital Status

April 18, 2012

The Claimant was employed by a company, in which her husband was the Chief Executive, when a policy prohibiting the employment of close relatives was implemented.  This led to both the Claimant and her daughter being dismissed.

Redundancy: Beware the Pool of One

April 17, 2012

The Claimant was one of four Actuaries employed by the Respondent.  The Employer decided that it was necessary to make one of the Actuaries redundant following the loss of some clients.

Changes to Unfair Dismissal – Tips for Employers

April 16, 2012

As has been well-touted, on 6 April the period of service needed to bring a claim of unfair dismissal rose from 1 year to 2 years.

Immigration Rules and Civil Liberties – Uncomfortable Bedfellows

April 13, 2012

The government is continuing to roll-out its policy of breaking the link between migrants coming to work in the country then settling here. Two important new bricks were cemented into the wall on 6 April:

The year ahead: Upcoming changes in employment law

April 12, 2012

Those who entered new employment on or after 6 April 2012 and those who started Employment Tribunal claims on or after 6 April 2012 will be affected by some reforms in employment law.

Wiltshire’s Moving Home Show 2012 – announced for 28 April 2012

April 6, 2012

The Salisbury Journal has recently announced this year’s Moving Home Show which will take place between 10am and 4pm on Saturday 28 April 2012. The venue will be in the beautiful Guildhall, in central Salisbury. Free admission for all.

Police Reform & Social Responsibility Act

March 26, 2012

It has been confirmed that most of the licensing provisions contained in this Act will come into force on 6th April. The exceptions are Early Morning Restriction Orders and Late Night Levies, which are both currently the subject of consultation. All operators and other interested parties are urged to respond to these consultations by the April closing dates.

Olympic Delivery Authority application to trade outdoors

March 22, 2012

Every licensed premises falling within a designated "Event Zone" – for example the Olympic Cycling Road Race, wanting to make use of their tables and chairs licences must have specific permission to do so.

Insurance Bulletin: Equine and Animal Claims update

March 22, 2012

In the case of Kara Goldsmith v Robert Bradley Patchcott 2012 the Court of Appeal clarified the operation of the Volenti defence provided by the Animals Act 1971 in a helpful decision for defendants.

Trethowans – proud sponsor of the Salisbury Big Business Event, 23rd – 25th April

March 22, 2012

Businesses are set to benefit from a new three-day business event which organisers say is the first of its kind in the country.

Trethowans – proud sponsor of the Salisbury Big Business Event

March 22, 2012

Businesses are set to benefit from a new three-day business event which organisers say is the first of its kind in the country.

TUPE Service Provision Change – A Change of Direction?

March 20, 2012

In the case of Eddie Stobart Limited (ES) v Mr J Moreman and Others, FJG Logistics Limited and Mr M Cooper the Employment Appeal Tribunal (EAT) had to decide whether TUPE applied to a relatively common situation.

Liability for an Agent’s behaviour

March 19, 2012

The recent case of Kemeh v Ministry of Defence ET/3104095/10 reminds employers that they can be liable for discriminatory acts committed not only by their employees, but also by their agents.

Compensation awards in Tribunals

March 16, 2012

In the recent case of Laing v Allma Construction Limited (UKEATS/ 0041/11/BI), the Employment Appeal Tribunal (EAT) has given useful guidance on the questions that Employment Tribunals should ask themselves when considering whether a compensation award should be reduced or increased.

Can you be your own employee?

March 14, 2012

Whilst the benefits of being a Partner, in terms of control of a firm and remuneration, are very attractive during an appointment, some Partners may wish to also claim the benefits of being an employee following the termination of the appointment.

Victimisation in References

March 13, 2012

There has been an important decision on victimisation claims this month from an Employment Tribunal in the case of Jessemey v Rowstock Ltd and Another.

Do you know the Muffin Man?

March 12, 2012

Every so often, a case comes along that is a joy to read about.  Despite the unengaging title, Medhin v Compass Group UK & Ireland Ltd t/a Restaurant Associates ET/ 2300304/10 is one of those cases.

Equality and Human Rights Commission Code of Practice (Part 2)

March 9, 2012

It is unlawful for an employer to ask a job applicant about his or her health or disability until a job offer has been made.  This can be a conditional or unconditional job offer.

Changes to the Immigration Rules Affecting Tier 1 (Post-Study Work)

March 8, 2012

Tier 1 (Post-Study Work) of the points based immigration system has enabled foreign students from outside the EEA to start building careers in this country following their graduation.  It does so by permitting them to take employment without being subject to the full rigours of the sponsorship regime. This will change on 5 April when Tier 1 (Post-Study Work) will close to new applicants.

Court Proceedings to be served via Facebook

February 24, 2012

The English High Court has approved the use of Facebook for a claim to be served on a Defendant.

The Bishop, the Vase and a Will

February 14, 2012

Anyone who watches TV shows such as Antiques Roadshow, Cash in the attic or Flog-It will realise that every now and then a person’s dusty vase in the attic, inherited from granny is actually worth a small fortune. Often people have no idea what an item is actually worth and it takes a expert valuer to point out how special a particular item is.

Tougher EPC rules come into force on 6th April

February 14, 2012

The legal rules governing Energy Performance Certificates ("EPCs”) are set to change on 6 April this year.

Family Justice Review: Welfare of child the paramount consideration

February 7, 2012

The Government has published its response to the Family Justice Review and, on the whole, has confirmed that it accepts the recommendations made.

It’s about the children, not the parents

February 6, 2012

Friday’s headlines would have you believe that the press have finally cottoned on to the fact that an ongoing relationship with both parents following their separation is the right of the child. However, on closer inspection, it would seem that they are just regurgitating the articles previously printed in recent months with a more ‘appropriate’ title.

Choose your lawyer carefully when moving home

February 4, 2012

Mortgage Lenders such as Santander/Abbey have recently made it clear that they are acutely aware of poor conveyancing practices out in the market place, when people move home. 

Optimism at a new high in new housing market research

February 4, 2012

After endless dour headlines on the state of the housing market optimism is on the rise according to new research.

Sayce something new about credit hire

January 27, 2012

The original decision in Sayce v TNT 2011 was a welcome decision for insurers as it showed how the Courts were taking a tough approach on Claimants who unreasonably refuse a Defendant's offer of hire following an accident. However, last month the Court of Appeal reversed this decision.

Insurance industry contemplates Costa Concordia cruise disaster

January 24, 2012

We have all read the news headlines about the Costa Concordia disaster over the past 10 days. The ship ran aground on Friday 13th January off the coast of Giglio in the Tyrrhenian Sea off the West Coast of Italy after a hitting a rock. It was carrying over 4,000 passengers and crew.

(1) Hunter v McCarrick and (2) Enterprise Management Services Limited v Connect-Up Limited & Others (service provision change and TUPE)

January 23, 2012

Hunter v McCarrick

Wang v University of Keele

January 20, 2012

All HR professionals know an ex-employee has three months from the effective date of termination in which to present a claim of unfair dismissal.  That three month period begins with the effective date of termination of employment.  However, when is the effective date of termination of employment when the employee has been given notice of termination?

The Guardian: consumers are cold about going to a big brand to help them move home

January 19, 2012

Reporting today on Guardian.co.uk a recent poll (understood to be a YouGov survey) of 1,959 consumers for legal indemnity provider First Title Insurance found that " people are generally happy with high street conveyancers yet by contrast very cool about the idea of going to a big brand to help them move house."

(1) KHS AG v Schulte and (2) Fraser v Southwest London St George’s Mental Health Trust (holidays and absence)

January 19, 2012

The law in this area is in a state of flux that benefits no one and frankly, is rather unacceptable.

Act now to avoid Stamp Duty

January 19, 2012

March 24th is the last day for the suspension of stamp duty for first-time buyers purchasing property priced between £125,000 and £250,000. A saving of up to £2,500.

Russell v Transocean International (rest periods)

January 18, 2012

Considering that the premise of the Working time Regulations 1998 is very simple: that all workers and employees are entitled to breaks from work and paid annual leave, it is remarkable how much litigation this one piece of legislation has generated.

Must you foresee a transfer?

January 17, 2012

Spaceright Europe Limited v BaillavoineUnder the Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly referred to as TUPE, the dismissal of an employee is automatically unfair if it is for a "reason connected with the transfer".

Freedom of Choice – Legal Expenses Insurance

January 16, 2012

The Insurance Companies (Legal Expenses Insurance) Regulations 1990 provide (Regulation 6) that the insured is free to choose the lawyer he/she wants to act, even if the Insurer would prefer that a panel firm was instructed.

Footballers, fast cars and the law

January 16, 2012

Allianz Insurance were involved in a long running credit hire case with England Footballer Darren Bent. The footballer hired an Aston Martin DB9 from credit hire company Accident Exchange after an accident in February 2007. This incurred charges of some £63,406, being £573.28 per day plus VAT for the car, which Darren Bent sought to recover from Allianz. Allianz insured the van…

A Man Walks into a Bar – Ouch! Accidents in Restaurants, Pubs, Clubs and Bars

January 16, 2012

A recent study suggested that four times as many slips and trips are suffered in the food and drink industry than in other industries, with wet floors accounting for a staggering 90% of such accidents. Often such slips and trips have significant consequences with 95% of those incidents reported causing broken or dislocated bones.

Pension scheme and Part-timers

January 13, 2012

Copple and others v Littlewoods Plc

Fenton the dog and accidents involving animals

January 13, 2012

A short YouTube clip featuring a man and his tearaway dog has rapidly become an internet sensation. The clip shows Fenton, an unruly pooch, escaping from his owner in Richmond Park and making a beeline towards a large herd of deer. We watch the owner in frantic pursuit of the hound, hurling expletives and becoming increasingly incensed. The deer, closely followed by Fenton, begin to stampede…

Part-time workers and discretionary holidays

January 12, 2012

Over the Christmas and New Year periods, many employers closed early on Christmas eve or New Year's eve, essentially giving the employees who were working those days extra "free" holiday.

HS2: £33bn high speed rail

January 12, 2012

On Tuesday this week, Government Minister and Secretary of State for Transport Justine  Greening, announced the Government's decision to proceed with plans for a  £33billion High Speed 2 line from London to Birmingham and, eventually, Manchester and Leeds — despite massive public opposition,  Tory warnings that it will prove a costly 'white elephant', and…

Free legal clinics to support military personnel – as heard on radio

January 12, 2012

Trethowans have set-up a series of legal clinics to give free legal advice to members of the Armed Forces and their families.  The clinics, being held at Tidworth Leisure Centre, launched on Wednesday 30th November 2011, and will continue this year on the last Wednesday of every month from 1pm.

Protected or vulnerable

January 11, 2012

Speedier Justice

January 10, 2012

It is a criminal offence for employment agencies to introduce or supply temporary workers to replace either a striking worker or a worker moved to cover the work of a striker, provided that the strike action is not unofficial.

New Year’s Resolutions

January 9, 2012

As Christmas becomes a dim memory and gym memberships peak, why not welcome 2012 with some resolutions designed to improve more than your waistline.

HSBC

January 9, 2012

Currently the majority of Mortgage Lenders are quite happy to have the Borrower's lawyer act for it when having the Borrower enter into one of its home buying mortgages. This makes the paperwork faster, and with one set of lawyers it is cheaper for the Borrower. After all, both Lender and Borrower will be scrutinising the same legal paperwork, and who better than the Borrower's lawyer to…

Divorced Parents’ Rights

January 6, 2012

Following on from their reports in November 2011 that the Family Justice Review had failed to recognise father's rights to maintain a ‘meaningful relationship' with their families following divorce, the Daily Telegraph's headline today is that the Government are now considering amendments to The Children Act 1989 such that divorced parents will be given "legal…

A no-court approach to divorce & children matters may be right for you

January 5, 2012

Have you taken out insurance for your ski trip?

December 28, 2011

Despite the recent press coverage of the number of skiers and snowboarders taking to the slopes without the appropriate insurance or even no insurance at all, three out of five skiers are continuing to take the unnecessary risk.

Why you should buy your ski pass in the UK

December 22, 2011

Whether there is going to be any snow or how deep it will be should not be your only concern before you hit the slopes this winter. Where you book your ski pass could be a big problem if things go wrong.

Eastenders storyline highlights some interesting issues about parental rights

December 22, 2011

EastEnders fans are currently gripped by the storyline developing between Yusef, Zainab and Masood. In recent episodes, Yusef has attempted to persuade Zainab to leave the Country, together with Kamil, her and Masood's son, to set up home in Karachi, Pakistan.

Rise In Compensation Limits Announced

December 21, 2011

Conveyancing / property movers Q&As

December 21, 2011

Q I just repaid my mortgage, but haven't received the title deeds to my house. Where are they likely to be?

Never been a better time for first-time buyers to get on the property ladder

December 21, 2011

Reporting in the Daily Mirror "there's never been a better time for first-time buyers to make their move and get a foot on the property ladder."

Santa liable for ‘elf and safety’ failure

December 20, 2011

A grandmother fractured her thigh after slipping on a plastic icicle which should have been cleared away by Father Christmas and his elf at Selfridges' grotto, the Court of Appeal has recently ruled.

Will single fathers have to sign birth certificates?

December 20, 2011

Recent press articles have reported that the Government is considering amending current legislation to place an obligation on single fathers to sign the child's birth certificate; the effect being to "bolster the role of the father" and ensure that he accepts legal responsibility for his child.

Severe weather increases the risk of injuries

December 16, 2011

As high winds bombarded Scotland and the North of England this week many people have been left to deal with the damage which has been caused to their property. These conditions also increase the risk of people being injured. It may be possible to bring claims in respect of such injuries, if others have not taken reasonable steps to ensure property, land and roads are safe.

Can you trust that your money will be safe?

December 15, 2011

A battle of the courts

December 14, 2011

The news that a lap dancer has been granted the right to appeal against Stringfellows as to whether she was employed by that esteemed establishment is, no doubt, guaranteed to attract attention; however, unfortunately, there is very little else that can be said about that case.

To love, honour and lose your job over

December 13, 2011

Although it is an element of employment law that rarely makes headlines, most employers will be aware that it is unlawful to discriminate against employees on the grounds of their marital status.

Refreshing the parts other beers cannot reach

December 12, 2011

Re: Albron v Bondgenoten

Some clarity on employer liability for holiday not taken due to sickness

December 9, 2011

In recent years, workers' rights in respect of holiday entitlement during periods of long term sickness have come before the courts time and time again.  Firstly, there was the case of Stringer which found that, where an employee had not had an opportunity to exercise their right to statutory holiday because of sickness, they are entitled to carry this unused holiday over to the next…

‘Protected conversations’ – could you ever be sure?

December 8, 2011

In announcing the Government's plans to radically reform employment relations, Vince Cable implied that a system allowing employers to have "protected conversations" with their employees was likely to be introduced, albeit that the Government would consult on the detail of this proposal in 2012.

Reform of Employment Law

December 7, 2011

On 23 November the Secretary of State for Business Innovation and Skills announced proposals to make significant changes to employment law and practice. The proposals are:

Think before you speak

December 6, 2011

On 7 November, Theresa May, Home Secretary, made a statement saying that Brodie Clarke, the Head of the UK Border Agency, had relaxed immigrations controls beyond what had been asked of him; therefore highlighting his alleged mistakes for all the world to see.  What followed was a whirl of media hype, strong public allegations and criticisms made by Theresa May, who was, in essence, Mr…

Clinical negligence victim backs campaign against justice reforms

December 5, 2011

Personal Injury Claims Turn on Medical Evidence

December 1, 2011

Medical Evidence is key when determining the value of any personal injury claim. It is imperative that the right medical expert is asked to report on your injuries.

Crazy Claims make headlines

November 30, 2011

Reading recent articles on the so-called "compensation culture" the public may be forgiven for thinking that big awards are paid out for ridiculously trivial accidents and injuries.

First-time buyers face

November 30, 2011

The chancellor George Osborne announced in his Autumn Statement today that the government will not be extending the stamp duty holiday beyond next March.

Winter weather brings increased risks

November 29, 2011

As the winter approaches and the weather gets colder, the presence of snow and ice can lead to increased risk of injury. Tripping and slipping accidents become more commonplace. If an accident occurs on commercial premises then the occupiers of the premises may be held liable.

Family justice review recommends change for children

November 22, 2011

More than 22 years after the inception of the Children Act 1989, when describing the arrangements for the children of separated or divorced parents, the public and media continue to use the terms "custody" and "access" which were abolished by the Act. Those terms conveyed the message of "ownership" of a child and gave the impression of greater control to the person…

DIY probate could cost you more

November 22, 2011

It is possible for someone to apply for probate and deal with a persons' affairs after they have died without seeing a lawyer, however this does introduce some risks.

Have your say – proposed changes to ‘regulated entertainment’ regime

November 22, 2011

The latest DCMS consultation on licensing examines one of the most burdensome regimes introduced by the Licensing Act 2003.

The importance of including Digital Assets in your Will

November 22, 2011

A poll of 2000 adults found 25% had more than £200 worth of films, video and music stored online.

Whistle while you work

November 11, 2011

Most employers will know that they can be held liable for the legal wrongdoings of an employee, so, for example, if an employee commits sexual harassments, the employer may well still be liable.  The Court of Appeal has now confirmed that the situation in protected disclosure ("whistle-blowing") cases is different.

Wealth Warning! Co-owning Cohabitees beware

November 11, 2011

A Supreme Court judgment on the tricky issue of cohabitants' property rights is due to be released on 9 November.

Can a Tribunal decide that a dismissal is for an alternative fair reason than that proposed by an Employer?

November 10, 2011

In order to fairly dismiss an employee, an employer must have a potentially fair reason for doing so, namely conduct, capability, illegality, redundancy or some other substantial reason (previously retirement as well).

Even the Employment Tribunal sometimes forgets that there are 3 remedies for unfair dismissal

November 9, 2011

By far, the most common remedy for unfair dismissal is compensation, however, a Claimant can request two other remedies; reinstatement or re-engagement.

More holiday rights for sick workers

November 8, 2011

The position in relation to holiday rights of employees who are on long term sick has been considered again by an Employment Tribunal in the case of Adams and another v Harwich International Port Ltd.

Heads I Win, Tails You Lose

November 7, 2011

Mrs Okuoimose is Nigerian.  Her husband is Spanish.  By virtue of EU Directive 2004/38 on the rights of citizens of the EU and their families, Mrs Okuoimose has the right to live and work in the UK; however, her passport was endorsed with a stamp which said that a:

First Prosecution under the Bribery Act

November 4, 2011

The first prosecution has now taken place under the Bribery Act 2010.  A former Magistrates Court Administrative Officer pleaded guilty to accepting a £500 bribe to "get rid" of a speeding ticket.

Daily press sensationalises family justice review

November 3, 2011

The Family Justice Review Final Report has now been published and immediately received much criticism in the daily press.

The terrible impact of the current unfair dismissal rules

November 3, 2011

A Downing Street report has suggested that the current unfair dismissal laws are stifling growth by preventing employers from removing under-performing staff and replacing them with superior staff through fear of unfair dismissal claims.  In particular, the report focuses on the current capability procedures, suggesting that they are arduous and allow employees to work below their true level…

The House of Lords calls for more checks for EU clinicians working in the UK

November 2, 2011

The House of Lords has recently published a report highlighting that EU rules could be putting patients at risk.

JLS perform for fans at Nando’s – with a little help from Trethowans

November 1, 2011

JLS treated fans at Nando’s to an intimate first play of their new album, Jukebox, last month.  The event, held at Nando’s recently opened Great Portland Street restaurant, was a great success with 200 devoted fans attending.  The licensing team at Trethowans were under time pressure to get the Temporary Event Notice Application granted in time for the event, which would…

Court gives judgment on £104,000,000 legal costs case

November 1, 2011

The recent case of Motto v Trafigura [2011] has seen the largest ever claim for costs in British history, with the Claimants' solicitors submitting a bill of costs of over £104 million, including an ATE premium of £9.6 million.

Shop around for your professional services

October 31, 2011

On Thursday 6 October 2011 the Legal Services Act 2007 came into force. This Act will have significant impact on the provision of legal services in England and Wales.

Should employers be able to unfairly dismiss staff without there being any legal repercussions?

October 26, 2011

The report suggests that the unfair dismissal process could simply say that if discrimination was not involved, an employer could dismiss the employee at any time without giving a reason.  The employer would only need to pay the employee his or her contractual notice period and the termination payment that they would have received had their role been made redundant. 

Eastenders storyline poses common problem for divorced or separated couples introducing children to a new partner

October 21, 2011

An interesting storyline is currently developing in Eastenders where Syed has just discovered that his estranged wife, Amira gave birth to a daughter following their separation. Having returned to the Square, Amira is keen for Syed to have contact with their daughter, but is not prepared to allow Syed's gay partner, Christian to be involved.'

Geoffrey Boycott –

October 17, 2011

Whilst decided on several grounds, the case highlights the importance of fully understanding the implications of owning property jointly with another, particularly in the event of the death of one party or the breakdown of the relationship.

Claimants warned against rejecting Defendants offers of hire

October 17, 2011

The case of Sayce v TNT (2011) is a welcome decision for insurers as it shows how the Courts are taking a tough approach on Claimants who unreasonably refuse a Defendant's offer of hire following an accident.

When can you fairly dismiss an employee for derogatory comments on social media sites?

October 14, 2011

This has been a very topical issue for employers since the flourish of social media sites and services such as Facebook and Twitter.

Preparing commercial property for sale

October 13, 2011

You may be looking to sell your commercial premises in the near future. If so, there are steps that your solicitor could take now to compile a comprehensive sale pack and to ensure that the sale proceeds quickly without any unexpected issues.

Conflict at work can lead to SOSR dismissal

October 13, 2011

When an employee is dismissed as a result of a conflict at work, it can sometimes be difficult to determine whether the reason is misconduct or if the employer can treat the dismissal as being for some other substantial reason (SOSR).  The distinction can have a significant impact on what processes the employer should follow when conducting the dismissal.  The case of Ezsias v North…

Disability: When is an adjustment reasonable?

October 12, 2011

Deciding whether an adjustment is reasonable, to determine whether it is required by disability discrimination legislation, is a quandary that affects many employers.

Guidance on National Minimum Wage for Work Experience and Internships

October 11, 2011

The National Minimum Wage was introduced in 1999 and was hailed as a leap forward for the rights of workers.  From 1 October 2011, the minimum hourly wage for workers aged 21 or over is £6.08, for those aged 18 to 20 it is £4.98 and for those aged 16 to 17 it is £3.68.

Residential property news in the last 7 days

October 10, 2011

Today – Reported on Mortgages.co.ukCheap fixed-rate deals 'to go within weeks'

The Pensions Bill 2011

October 10, 2011

The Pensions Bill heralds significant changes in pensions law and practice which will affect most businesses and millions of lower/middle income workers.  When the Bill comes into force next year, it will:

Health Act 2009: Tobacco

October 10, 2011

The Government’s plans to ban cigarette advertising, display and vending machine sales are well known, as is the unsuccessful challenge to that proposal launched by a subsidiary of Imperial Tobacco.  The main restrictions will come into force in two years’ time, but, in England, some are biting with effect from 1 October 2011.  Other parts of the UK will follow…

Workers to be charged to issue Employment Tribunal claims

October 7, 2011

The headline for employment lawyers in relation to George Osborne’s speech to the Conservative Party Conference was that, from April 2012, an employee must have two years’ continuous service in order to make a claim for unfair dismissal.  In addition, Mr Osborne announced that, from April 2013, an employee will need to pay a fee in order to issue a claim in the Employment…

No Limits to Defending Insurance Fraud

October 3, 2011

Whilst the majority of Claimants will believe that a final settlement means exactly that, there has been a trend of recent cases seeing Defendants pursuing fresh actions for damages against Claimants who make false representations regarding the value and extent of their claim.

When will the qualifying period for unfair dismissal claims be increased to two years?

October 3, 2011

From today until 19 October 2011 the focus is on employment law.  The Government aims to have a “one in, one out” system so that the ever increasing amount of employment regulation remains static or decreases.  The Government believes that one of the key laws holding employers back is that employees can bring an unfair dismissal claim once they accrue one year of continuous…

Slips trips and falls dominate accidents at work

October 3, 2011

A recent survey jointly conducted by the Institute of Occupational Safety and Health and the Health and Safety Executive has found that one third of all major injuries in the workplace are caused by slips, trips and falls.

CICA victim of government cuts

September 29, 2011

The Criminal Injuries Compensation Authority (CICA) has been a victim of the recent Government cuts. The CICA's budget has been reduced by £10M this year, a cut of around 5%.

Zero Tolerance towards Claimants that Lie

September 29, 2011

Recent cases have shown that the Courts are becoming more willing to pursue Claimants for contempt of court if they are found to have made false representations during a trial in order to obtain more compensation.

Removing clinical negligence claims from the scope of public funding – will the neediest victims be denied justice?

September 28, 2011

What should you do if one of your employees ‘did a Tevez’?

September 28, 2011

Manchester City might not enjoy the story on the back pages of their 2-0 defeat at Bayern Munich last night, but manager Roberto Mancini will certainly not like the fact that Carlos Tevez is once again on the front pages, this time for apparently refusing to come on as a substitute. 

Government Challenged In Battle For Legal Aid For Clinical Negligence

September 23, 2011

The Ministry of Justice faces a legal challenge over its plan to abolish legal aid for victims of clinical negligence. The charity Action against Medical Accidents (AvMA) has issued legal proceedings for a judicial review of the decision.

Dowler Family Urge Government To Stop ‘No Win, No Fee’ Reforms

September 23, 2011

The family of murdered schoolgirl Milly Dowler have written to David Cameron urging him to block 'unjust and unfair' civil justice reforms.

Mortgage lending hits highest levels in 2 years

September 21, 2011

Total lending was £13.4bn in August, up 6 per cent from July and 10 per cent from a year earlier.

Removals companies want to know why they are given little notice of completion and why the money takes so long to arrive and for keys to be released?

September 20, 2011

It is easy to overlook how many people and businesses are in fact caught up in the house moving process – the buyer, seller, their conveyancers, surveyors, mortgage advisers, and of course removals. Indeed, conveyancers are often informed by their clients that ‘the removal company is waiting outside’.

energy performance certificates

September 19, 2011

The Department for Communities and Legal Government (“DCLG”) has announced the following changes to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007:

Whiplash – “a profitable invention of the human imagination”?

September 19, 2011

Britain’s “Compensation Culture” is a hotly debated and topical subject. Jack Straw went to town on the subject in the Commons last week when he bemoaned “the extraordinary increase in the number and value of claims for personal injuries” with over 1200 claims for whiplash being made every day in the UK.

‘There is no case for maintaining stamp duty

September 16, 2011

Will personal injury claimants end up with less money as a result of Government plans?

September 15, 2011

The Government is planning a raft of changes which will affect the way that personal injury litigation is conducted.  Last week the Government announced that it was going to ban referral fees in personal injury claims.  The Government sees this as an addition to the other reforms which they are in the process of introducing.

Termination of an Agreement for Lease

September 15, 2011

In the case of Extra MSA Services Cobham Ltd and another v Accor UK Economy Hotels Ltd and another (2010), the High Court had to consider whether a developer had the right to terminate a conditional agreement for lease.

Danger that individuals with clinical negligence and medical negligence injuries will not receive compensation

September 14, 2011

Last week the Legal Aid Sentencing and Punishment of Offenders Bill was considered again in parliamentary committee as it makes it way through the various stages before becoming law.  There is growing opposition to some of the provisions in it which affect the civil costs system in personal injury and clinical negligence cases. 

De-Mystified – The Role of a Conveyancer

September 13, 2011

The quality of a Conveyancer varies wildly throughout England and Wales. How efficient and prompt they are will depend largely on how qualified they are, and what price is paid for the service. But the following are the steps any seller and buyer should expect from their conveyancer:

The end is nigh for Carver

September 13, 2011

Market Availability of £1m+ Properties On the Increase

September 12, 2011

 

Temporary Workers – Don’t Panic!

September 12, 2011

If recent stories in the press are to believed, the demise of the temporary agency worker, or “temps”, is imminent.  Employer bodies are also warning that the introduction of the Agency Worker Regulations on 1 October 2011 will hamper the ability of businesses to create jobs.

Riot Compensation

September 12, 2011

The Association of British Insurers has published guidance on riot compensation.  Under the Riot (Damages) Act 1886, compensation is provided for organisations and individuals who have suffered losses that they could not have anticipated.

Protecting an Estate’s Mineral Rights

September 10, 2011

The tenure of land has taken several forms over the centuries and has been the subject of many statutes. Manorial land is land that was originally part of the landholdings of the lordship of the manor and which has not been separately transferred from the lordship title. Manorial rights are rights which an Estate may possess by virtue of owning the lordship of a manor.  Examples of such…

The End of Dual Representation?

September 9, 2011

It is very common for lawyers to act on behalf of the borrower and lender for commercial and residential transactions (although lenders will usually appoint their own lawyers when dealing with a high value and / or complex transaction).   

Illegality of contract based on employment status

September 9, 2011

In the case of Connolly v Whitestone Solicitors, the Employment Appeal Tribunal (EAT) considered whether a solicitor could be deprived of his employment rights on the basis that his contract had been ‘tainted by illegality’ as a result of his misrepresentation of his employment status to HMRC.

Rugby World Cup: Trying Times for Employers

September 9, 2011

The Rugby World Cup kicks off this morning, with New Zealand hoping to end their 24 year wait to raise the Webb Ellis Trophy on home turf.

Don’t Count on Capital Gains from your Proeprty, warns Minister

September 8, 2011

Housing Minister Grant Shapps is reported as warning that as the pace of price gains slows, homeowners should not count on making money from their property. “Gone are the days where you buy a house for capital appreciation…..House prices can still go up, but they need to go up in line with or less than increases in average earnings for the long term.”

Separating out supplements in equal pay claims

September 8, 2011

Under the Equal Pay Act 1970 and now under the Equality Act 2010, a woman can pursue an equal pay claim where any term of her contract was less favourable than a term of a similar kind in the contract of her male comparator. 

ABI slams “Have a go” Compensation Culture

September 7, 2011

In a tough talking report out this week, the Association of British Insurers (ABI) have hit out at Britain’s compensation culture. They have joined forces with some of the UK’s leading retail and business names, such as ASDA, Argos, Ford and Whitbread, to highlight the flaws in the current compensation system and press for reform of the way that these claims are funded.

Sense and Suitability (in redundancy)

September 6, 2011

It is a well established principle that when an employee, in a redundant job, unreasonably refuses to  accept an offer of suitable alternative employment the employer can treat the employee as being dismissed and the employee loses their right to a redundancy payment. 

Sleep on it

September 5, 2011

There are many industries that require staff to sleep over at their place of work.  The Working Time Regulations 1998 (WTR) introduced legislation to protect night workers.  Employers must ensure that those working over-night are not required to work in excess of an average of 8 hours per shift.

Decrease in Employment Tribunals

September 2, 2011

The Employment Tribunals' annual statistics have just been published and the headline news is a fall of 8% in the number of claims received between April 2010 and March 2011, as compared to the previous 12 months.

The Whiplash Lie Detector: Fighting Fraudulent Injury Claims

August 18, 2011

Whiplash injuries account for more than three-quarters of all insurance claims resulting from a Road Traffic Accident. The insurance industry is adamant that many such claims are fraudulent; however without an effective test for injury and with symptoms so easy to imitate it is extremely difficult to prove that these claims are fabricated.

Court fails to penalise Claimant who exaggerates claim for damages

August 17, 2011

The recent case of Fox v Foundation Piling Ltd [2011] has delivered a blow to Defendants by finding that a Claimant who grossly exaggerated his claim for damages should still be entitled to recover all of his legal costs.

Lease Renewals – Important Points to Consider

August 17, 2011

The Landlord and Tenant Act 1954 (the “1954 Act”) gives business tenants security of tenure, which means that the tenancy created by the lease will not automatically terminate at the end of the term.  It also means that the tenant is entitled to apply to the landlord for a new lease on the same terms as the previous lease.

Holiday Reading from the Advocate General

August 12, 2011

It is August, so the Advocate General to the European Court of Justice (ECJ) has been thinking about the vexed issue of holiday pay before she packs her bucket and spade and jets off to wherever Advocate Generals take their ease.  She has published two opinions which may have significant implications for UK businesses if they are adopted by the ECJ. Williams and Others v British Airways…

Dismissal for driving HGV without a licence was fair

August 11, 2011

In the case of Wincanton plc v Atkinson and another, the Employment Appeal Tribunal (EAT) has overturned a decision that an employer had unfairly dismissed two lorry drivers who had mistakenly allowed their HGV licences to expire. 

Are you aware of the Riot (Damages) Act 1886?

August 11, 2011

Unless you have recently been on holiday on the moon you won’t have failed to hear all about the damage and loss caused by the events in London and other cities over recent days.

Marriage and Divorce: The Effect on Wills

August 10, 2011

Many people do not realise that a Will is normally automatically revoked by marriage. This is the result of an old law which originally goes back to 1837 when married women had very few rights, and was designed to ensure that a new wife was not left destitute if her husband died.

Tradition v Discrimination

August 10, 2011

The British Open was recently played at the exclusive Royal St George’s Golf Club in Sandwich, Kent.  The Club has attracted some bad press because it is perhaps too exclusive; women are not allowed to become members.

Pay Cuts and Unfair Dismissal

August 9, 2011

The recent decision of the Employment Appeals Tribunal (EAT) in Garside and Laycock Ltd v Booth serves to remind employers of what will be construed to be reasonable when dismissing employees who refuse to accept pay cuts. 

Football Focus

August 8, 2011

With less than a month to go before the start of the new football season, the Employment Appeal Tribunal (EAT) has kicked us off with a recent case of a football manager who decided he had been red-carded by his employer. James McBride was employed by Falkirk Football & Athletic Club as the manager/head coach of the under 19s team.  Mr McBride was responsible for team selection and…

Refuse Pay Cut Dismissals

August 5, 2011

In Southampton, the bin men are revolting.

Call For Urgent Regulation of Will Writing

August 3, 2011

Solicitors for the Elderly fears thousands of people are putting themselves at risk of being cheated by unscrupulous salesmen who offer to write their wills but who are not adequately qualified, trained or insured.

What Price Certainty?

August 3, 2011

Trethowans Partner, Elizabeth Webbe, warns of the dangers of scrimping on professional advice when making a Will.

Looking after your children in your Will

July 26, 2011

No-one likes to think about the possibility of premature death but unfortunately accidents happen and parents die while their children are still dependant. It is vital that thought is given to provision for the children in such tragic circumstances.

Abortive home moves and the quality of your conveyancer

July 25, 2011

One of the largest conveyancing firms in the UK shows a 29% fall through in property transactions in the first half of the year – up from just 21% three years ago.

The Big Society Marches On

July 25, 2011

There are more changes afoot in the way local authorities run local services, including licensing. Following on from the Police Reform & Social Responsibility Bill, due on the statute books early next year, the government has this month published a White Paper called “Open Public Services”.

Facebook Finds Fraud in Crash for Cash

July 15, 2011

Social networking websites such as Twitter and Facebook are now an integral part of everyday life and the benefits of these sites in a professional context are continually being explored. With more than 750 million Facebook users and over 200 million Twitter users worldwide it is little wonder that litigation lawyers are latching onto these resources as an effective tool in defending personal…

Couple Convicted for Contempt following Exaggerated Claim for Damages

July 15, 2011

A Claimant has been sentenced to prison for nine months for contempt of court after exaggerating a personal injury claim following a road traffic accident. He was found to have made false statements to inflate the value of the claim and his wife, who supported and verified the false statements, has been given a six-month suspended sentence.

Works Outing

July 15, 2011

The Court of Appeal, in the recent case of Grant v HM Land Registry, gave excellent guidance on considering harassment claims. 

Reasonable adjustments and employer’s knowledge of disability

July 14, 2011

The Employment Appeal Tribunal (EAT) has confirmed that the duty to make reasonable adjustments under disability discrimination law did not apply where the employer did not know (or could not reasonably have known) that the employee in question was disabled. An employer is not under a duty to make reasonable adjustments if it does not know and could not reasonably be expected to know that an…

Road Traffic Accident: Car Accident

July 13, 2011

Mr B was involved in a car accident in October 2010 when he was stationary in a queue of traffic and his car was hit from behind.  The insurers for the other driver admitted liability for the accident. 

Look out!

July 13, 2011

In some circumstances, despite following a fair procedure, a dismissal will still be unfair. 

UPDATE: How the ‘Police Reform and Social Responsibility Bill’ Affects Your Business

July 13, 2011

The Bill is slowly progressing through the parliamentary process, with the latest House of Lords Committee Hearing taking place earlier this month.

School’s uniform policy discriminatory

July 12, 2011

The High Court has decided that a school’s policy banning the cornrows hairstyle was unlawful and constituted indirect race discrimination.

Legal Representation at Internal Disciplinaries

July 11, 2011

The case of R (on application of G) v The Governors of School X has clarified the extent to which Article 6 applies to internal disciplinaries.

News of the World Closure: What does it mean for the employees?

July 8, 2011

Yesterday’s announcement that the News of The World is to close, after 168 years, sent shock waves around the publishing world.

An Unappealing Prospect

July 8, 2011

The very nature of any litigation means that at least one party will leave the Hearing in a very disgruntled mood after receiving the Judgement; however, once the immediate shock has passed, most people just want to put the whole process behind them.

Sky News Interviews Trethowans Solicitor James Humphery: Too Late For Tougher Control Of Immigration?

July 1, 2011

A legal expert has warned controlling the flow of immigration is not as simple as the Government might have us believe. The warning comes as Work and Pensions Secretary Iain Duncan Smith issues a plea to businesses to recruit unemployed British workers, rather than immigrants, as new figures suggest more than half of new jobs are being taken by foreigners.

The Jackson Proposals take a Further Step towards Becoming Law

July 1, 2011

Key elements of the Jackson Report have now been formally embodied in the Legal Aid, Sentencing and Punishment of Offenders Bill 2010-11, which received its second reading in Parliament yesterday (only one week after its publication and first reading).

Are you ready for the Bribery Act?

July 1, 2011

Jack Straw Tackles Referral Fees

June 27, 2011

In an article for The Times, Jack Straw described the spiralling cost of insurance, which he says is caused by referral fees to personal injury lawyers, as a “racket”. He goes on to say that insurance companies are complicit in this.

Late Night Levy

June 27, 2011

Government proposals to introduce a late night levy on premises selling alcohol have come under further scrutiny in the House of Lords. Some proposed amendments to the licensing section of the Police Reform and Social Responsibility Bill were withdrawn or thrown out at the latest committee hearing, but the late night levy seems to have survived this stage of the consultation process.

Cameron Slates Single Dads

June 24, 2011

Prime Minster, David Cameron chose Father’s Day to slate single fathers who “abandon their families” and in his newspaper article published on Sunday 19 June 2011 stated that “fathers have a duty to support their children financially and emotionally – spending time with them at weekends, attending nativity plays and taking an interest in their education”.

Risk of prison sentence and unlimited fine for Asbestos Control non-compliance

June 22, 2011

Commercial Property Update: People who don’t comply with the current legislation on Asbestos Control could be at risk of being given a prison sentence of up to two years and/or an unlimited fine. 

When is compensation for career-long loss appropriate

June 17, 2011

In the case of Wardle v Credit Agricole Corporate and Investment Bank, the Court of Appeal confirmed that, in the vast majority of cases, employment tribunals should assess future loss of earnings up to the point when an employee is likely to secure a new job.

No basis for discrimination where non-disabled persons would be similarly treated

June 16, 2011

In this case Mr Chweidan was employed within JP Morgan’s credit sale team. In 2007, he suffered a skiing accident resulting in back injuries that were agreed to constitute a disability under the Disability Discrimination Act 1995. Mr Chweidan returned to work on reduced hours but his financial performance was unaffected and he earned more for JP Morgan in 2007 than he had the previous year…

Refusing time off to pray

June 15, 2011

In the case of Cherfi v G4S Security Services Limited, the Employment Appeal Tribunal (“EAT”) considered on what grounds an employer could justify a potentially discriminatory working provision. 

Tips on Motor Insurance for Young Drivers

June 14, 2011

In recent years young drivers have seen the cost of car insurance increase with some annual premiums being more expensive than the price of the vehicle itself. From 20 June 2011 every vehicle must have a valid insurance policy even if it is not being used, unless a Statutory Off Road Notice has been obtained.

Dismissal in response to Baby ‘P’ case was unlawful

June 14, 2011

An Ofsted inspection into the unit considered that there were a number of failings within the department, including “insufficient strategic leadership and management oversight of safeguarding services by Haringey councillors and officers”.

Bank Holiday Bonanza

June 13, 2011

In a similar vein to the recent Royal Wedding weekend, this means that employees will be able to benefit from a 10 day break for just 3 days of holiday entitlement.

Bring your lawyer to work day

June 10, 2011

It is standard practice, when an employee asks to bring a friend, family member or lawyer to a disciplinary meeting to recite the response of “you are entitled to be accompanied by a work colleague or a trade union representative”.  This, in most cases, remains the best course of action.

Home Secretary ‘boldly pushing back the tide of migrants’

June 10, 2011

Yesterday the government unveiled proposals which will go a long way to breaking the link between work based immigration and settlement in this country.

Bribery Act 2010 – What does it mean for you?

June 9, 2011

The Bribery Act 2010 (“the Act”) comes into force on 1 July 2011.The Act will replace, update and extend the existing law against corruption, which dates back to 1889.  The Act extends the crime of bribery to cover all private sector transactions (previously bribery offences were confined to transactions involving public officials and agents).  Its scope is extensive.…

Employer Lacuna or Hakuna Matata?

June 8, 2011

If you run a business and employ staff then read on as you may not be aware of a potential gap or "lacuna" which could mean that your business may face claims in the future for which it is not insured. It is a situation which can be easily remedied by taking precautions now.

Legal Costs Reforms could be good news for your business

June 6, 2011

If your business has ever found itself on the wrong end of a claim then read on.  The Government has launched an attack on “No Win, No Fee” arrangements and the so-called “Compensation Culture”, which can only be a good thing for most businesses.

Anti-bribery policies are the way forward

June 2, 2011

The Bribery Act 2010 ("the Act") is due to come into force on 1 July 2011.

ROME II – What is it all about again and where are we 2 years on?

May 31, 2011

It is now over 2 years since the implementation of European Regulation 864/2007, better known as “Rome II”. Reviewing the legislation, Kelvin Farmaner, Partner and Head of Insurance Litigation at Trethowans LLP in conjunction with the Van Ameyde Group asks whether everyone is now clear on its scope and application.

Proposed Bill set to reduce road fatalities

May 26, 2011

MP Sir Alan Beith last week urged fellow Members of Parliament to back his Road Safety Bill, which includes provisions for all new lorries to be fitted with sensors that can warn a lorry driver if a cyclist is in their blind spot.

Insurance Law Reforms

May 26, 2011

The current laws on insurance contracts are archaic and onerous, and can frequently result in consumers discovering that they are not in fact covered by their policy as they failed to provide their insurer with all the facts when the policy was purchased.

Motor Insurance Crackdown

May 24, 2011

In the ongoing battle to crackdown on uninsured drivers and make the roads safer, new laws come into force on 20 June 2011 which will make it an offence for vehicle owners to keep an uninsured vehicle, rather than just to drive an uninsured vehicle.

Road Traffic Accident: Car Accident

May 20, 2011

Mr W was involved in a road traffic accident in January 2009 when his car was hit from behind by another car. The insurers for the other driver admitted liability for the accident.

The risks of not complying with Premises Licence conditions

May 19, 2011

There is an increasing trend amongst licensing authorities and police towards taking enforcement action for breach of Premises Licence conditions. This can lead to formal review of the Licence, or even a criminal prosecution.

Should you accept an offer from the insurance company directly?

May 18, 2011

If you have been injured in an accident that was not your fault, you are entitled to compensation and the legal costs associated with the claim. Without a medical report and specialist legal advice, it is impossible to say how much your injury is worth and what financial losses and expenses you can claim for.

New Sewage Regulations to Protect Human Health and the Environment

May 17, 2011

Until recently, property owners who had a sewage treatment plant or septic tank that discharged to either ground or a watercourse, needed to have a Consent to Discharge from the Environment Agency under the Water Resources Act 1991. On the 6th April 2010 these rules changed.

Government launches Consultation on Modern Workplaces

May 16, 2011

Today sees the Coalition Government's launch of a consultation that could introduce some new concepts. The main aim of the "Consultation on Modern Workplaces" is to make employment practices in Britain more flexible and family friendly.

Horse Owners Beware – The Risk of Strict Liability Claims Remains

May 13, 2011

Horse owners in the Westcountry are being warned they could still be held ‘strictly liable’ for some accidents involving horses and other animals.

Employer pays for careless words

May 12, 2011

The recent case of McKie v Swindon College confirms that the duty for employers not to misrepresent employees can extend beyond what is said in a reference.

Major Review of Employment Laws

May 11, 2011

It has been reported that the Chancellor, George Osborne, has this afternoon told the Institute of Directors that he is planning a major review of key employment laws in order “to support private sector growth and create jobs”.

Employee dismissed for taking time off to look after child

May 11, 2011

In the case of Clarke v Credit Resource Solutions, the Employment Tribunal decided that an employee was subjected to a detriment and unfairly dismissed for taking time off work to make emergency childcare arrangements. 

Limiting the application of Article 6 of the European Convention

May 10, 2011

The High Court has passed down a judgment in R v Bradford Teaching Hospitals NHS Foundation Trust which has introduced a welcome limitation on the application of Article 6 of the European Convention of Human Rights to disciplinary proceedings. 

Whiplash: Minor Accidents – Major Injuries

May 9, 2011

Whiplash injuries are one of the most common injuries arising out of Road Traffic Accidents, yet some people may often be dismissive of the effects that such an injury can have on injured people's lives.

Are you eligible for compensation?

May 9, 2011

The British Bankers' Association has today confirmed that it does not intend to appeal the recent High Court decision regarding Payment Protection Insurance meaning that several million people could be eligible for compensation.

Reasons for Unfair Dismissal and Immigration Status

May 9, 2011

In Kurumuth v NHS Trust North Middlesex University Hospital, the Employment Appeal Tribunal (EAT) decided that a Tribunal does not have to second guess an employer’s decision about an employee’s immigration status.

Sony’s Data Protection Breach

May 6, 2011

Sony has admitted that it has lost the personal data of up to 77 million customers.  The information lost includes personal data such as names, e-mail addresses and credit card details. 

Agency Workers Regulations

May 6, 2011

The Government has today published guidance to help employers and the recruitment sector prepare for the introduction of the Agency Workers Regulations.

Wealth Warning! Co-owning Cohabitees Beware

May 5, 2011

An appeal hearing in the case of Jones v Kernott has commenced this month in the Supreme Court which may affect you if you own property with your partner but are unmarried.

Belief in the higher purpose of public service broadcasting protected by discrimination law

May 5, 2011

In the case of Maistry v BBC, an Employment Tribunal decided that a belief in the “higher purpose” of public service broadcasting, to encourage debate and citizenship in a public space, is a philosophical belief that qualified for protection under the Employment Equality (Religion or Belief) Regulations 2003 (the “Regulations”). The fact that the belief was based on the…

Claims for Road Traffic Accidents – Is compensation being paid any quicker?

May 4, 2011

One year on from the introduction of the new low value road traffic accident claims process, it is likely that the Ministry of Justice will soon report on the progress of the scheme to date.

Financial Ombudsman Service provide clarification on ash-cloud cases

May 2, 2011

It is now over a year since the Icelandic volcano Eyjafjallajokall erupted causing travel chaos for thousands.  An onslaught of claims to travel insurers ensued, causing insurers and policy holders alike to closely scrutinise the wording of their policies.

The Royal Wedding, The Dress, the Cake, the Church…the Pre-Nuptial Agreement?

April 28, 2011

Cash for Crash fraudsters sentenced in motor insurance crackdown

April 28, 2011

After a five year insurance fraud investigation, three members of a gang involved in a “cash for crash” insurance scam have today been sentenced.  Convicted of conspiracy to defraud, the trio have been jailed for terms of 18 months, four and a half years and five years.

The Anti Social Network

April 27, 2011

As anyone who watched the recent film knows, since its very inception Facebook has been the subject of litigation.

The Bribery Act and Property Transactions – A Cause for Concern?

April 26, 2011

The Bribery Act 2010 (the ‘Act’) is due to come into force on 1 July 2011. This article focuses on the direct effect on property transactions. In particular, what impact is the Act likely to have on the behaviour of property professionals, including agents, surveyors and developers, during their usual course of business?

Court Ruling Looks Set to Turn Down the Volume on Noise Induced Hearing Loss Claims

April 20, 2011

Last week the House of Lords allowed (by a majority of 3 to 2) the appeal of Quantum Clothing Group Limited and others from the Court of Appeal’s previous decision, restoring the original Judgment of HH Judge Inglis in Baker v Quantum Clothing Group Limited & Others.

FSA Wins Round One of Payment Protection Insurance Battle

April 20, 2011

The High Court has today given a ruling which will have major implications for the financial services industry, adding more woes to an already beleaguered sector.

Mother calls for review of Out of Hours Service after inquest into death of her twelve year old son Sam.

April 19, 2011

On Tuesday 19 April 2011, Mr Keith Wiseman, HM Coroner for Southampton and New Forest at Southampton Coroner’s Court recorded a verdict of Natural Causes at the Inquest into the death of Sam John Richard Darren Cutler. 

Save Expense, Obtain Advice

April 19, 2011

The Ministry of Justice has recently reviewed the Family Proceedings Rules making it “easier” for lay people to pursue applications in the Court without having the benefit of qualified or experienced legal representation.

Conveyancers & Work Referrers

April 18, 2011

My favourite question to ask an estate agent on first introduction is ‘what are your pet hates about a conveyancer?’ The answers are always the same. Calls not returned, lack of solutions to problems, ‘conveyor belt’ of case handlers, inexperienced staff, doesn’t use email, ‘sorry he’s on another call, can you please call…

Personal Injury Trusts

April 15, 2011

A Personal Injury Trust is a facility that can be used for any damages received from a Personal Injury claim.

Good Immigration? You Decide!

April 15, 2011

The Prime Minister wants good immigration not mass immigration. As soundbites go that's pretty catchy but like all soundbites it skates over the real challenge. Take Matthew and Francesca who've both applied for permission to stay in this country. There's a fair amount of common ground between them:-

Professional Executors

April 13, 2011

Executors are the individuals appointed under a Will who have the responsibility to deal with a person’s assets on their death. The choice of executors is, therefore, very important. There are two possible alternatives as to who to appoint as your executor: (1) either a close friend or family member; or (2) an independent or professional executor such as the partners in Trethowans. You can…

How Packaging Waste Regulations Can Affect Your Business

April 13, 2011

Household name retailer, M&S, prosecuted for Asbestos breaches

April 13, 2011

In January 2010 the Health and Safety Executive (HSE) initiated criminal proceedings against Marks and Spencer plc for asbestos-related breaches at shops in Bournemouth, Plymouth and Reading. Amidst a flurry of media interest, the high profile Trial has now commenced.

Agency Worker Regulations Guidance Published

April 12, 2011

The Government has just published its guidance on the Agency Workers Regulations which are due to come in to force on 1 October 2011.  The intention of these Regulations is that, with some exceptions, Agency Workers will have the same basic rights to benefits as permanent employees.

Talkin’ Bout A Revolution.

April 11, 2011

Fidel Castro once said "a revolution is not a bed of roses", and he should know.  In fact, turn on any television or radio or flick through a newspaper, whether online or on paper, and it is impossible to avoid news of revolutions which are far away from any such flowery sleep apparatus.

Could personal injury settlements be more in the future?

April 8, 2011

The Lord Chancellor is reviewing the discount rate that is applied to personal injury compensation claims.

Can employers dismiss a member of staff because of a ‘difficult personality’?

April 8, 2011

In the case of Ezsias v North Glamorgan NHS Trust, the Employment Appeal Tribunal (EAT) decided that an employee who was dismissed because of a breakdown in relationships at work was dismissed for ‘some other substantial reason’ (SOSR), not misconduct.  As conduct was not the reason for dismissal, the EAT decided that the Tribunal had been entitled to find that the…

Pay £100 for child support?

April 7, 2011

 

Redundancies following TUPE transfers

April 7, 2011

The Scottish case of First Scottish Searching Services Limited v McDine sheds some interesting light on the tricky situation which arises when making redundancies after a TUPE transfer.

Bribery Act: Are you ready?

April 6, 2011

Businesses should take note of new legislation in the form of the Bribery Act, which will come into force on 1 July 2011. This is one of the most sweeping anti-corruption measures in English history.

Employment law implications of the Budget

April 6, 2011

Not so flexible working

The Worker Registration Scheme

April 5, 2011

The Worker Registration Scheme will close on 30th April 2011. The scheme was introduced when the A8 countries joined the European Economic Area.  It requires workers from A8 countries to obtain a registration card and to work legally for a qualifying period of 12 months, without a break in their continuity of employment, before they become eligible for a residence permit.  

5 top tips to prevent a stressful house move

April 2, 2011

TIP 1 – Show your house to potential viewers in the best possible light. Maximise both its kerb appeal and attend to the interior – do those jobs you have been putting off. A lick of neutral paint to those scuffs and marks, remove garish wallpapers and clean the carpets. All good examples of where a small bit of effort can pay dividends.

Beware – does the lease of your flat have less than 80 years left?

April 2, 2011

Leases of flats are generally between 99 and 125 years, but once the lease starts, the duration gets less and less, and over time the flat will prove unattractive to a buyer, and to a Lender.

Brave new world for expert witnesses

March 31, 2011

Experts 400 year old immunity removed

Costs changes announced by Ken Clarke ‘not revolutionary’

March 30, 2011

Justice Secretary Ken Clarke has indicated that legislation will be introduced to give effect to Lord Justice Jackson’s reforms.  Ken Clarke addressed the House of Commons yesterday regarding the Government’s plans to implement the civil litigation reform proposals put forward by Lord Justice Jackson.

Sewers & drains on your property – Who is responsible? You are, but not for much longer!

March 29, 2011

It is a common misconception amongst owners that responsibility for the drains and sewers serving their Property is a fairly simple matter. Whilst readily acknowledging responsibility for the grids, gullies and drains next to their house, they often believe that the Council are responsible for everything else.

Travellers urged to look carefully at Insurance Policies

March 29, 2011

Travellers in Japan may well be finding themselves reading the small print of their travel insurance policies. Frequently, polices do not provide cover for “acts of God” – events arising out of natural causes with no human intervention which could not have been prevented by reasonable care or foresight. Where does that leave travellers stranded in countries affected by natural…

Major changes to the student visa system

March 23, 2011

The Home Secretary has today announced major changes to the student visa system. The main changes are:

SDLT increasing for residential properties

March 23, 2011

The Stamp Duty Land Tax (“SDLT”) rate for residential transactions where the chargeable consideration exceeds £1 million will increase to 5% from April 2011. So, for a residential transaction where the purchase price is £1 million, the SDLT liability will increase to £50,000 – that’s an additional £10,000!

The Public Health Responsibility Deal – a good deal for everyone?

March 23, 2011

Andrew Lansley, the Health Secretary, has unveiled the government’s Responsibility Deal.

Case forces cyclists to consider insurance options

March 23, 2011

A Commons Bill is to be heard in the House of Commons in a fight to change the criminal laws relating to cyclists. Rhiannon Bennet, 17, was walking on a footpath when she was hit by a cyclist. Shortly before hitting her the cyclist had shouted at Rhiannon to “move because I’m not stopping” before crashing into her. Rhiannon died of head injuries six days later.

Trethowans is moving in Southampton

March 22, 2011

Due to the growth of the firm and the resulting need for more space, Trethowans Solicitors is planning to move to larger offices in Southampton.  Negotiations are still continuing with all relevant parties and further details will be confirmed in due course.

Insurers hail common sense victory

March 22, 2011

Ecclesiastical Insurance has successfully defended a claim involving a charity dog walker who was injured whilst working for an animal charity. The case is being heralded as an important victory for common sense.

Royal Wedding – are you ready?

March 21, 2011

It looks as though the automatic extension to licensing hours for on-licensed premises is finally going to be given the go-ahead.

Another Cull of Migrant Workers

March 21, 2011

The number of jobs available to migrants is to be reduced, including senior care workers and skilled sheep shearers.

Cheap Conveyancing

March 18, 2011

 

Award made to Hampshire coma girl Sophie Wilkinson

March 16, 2011

Earlier this month, Sophie Wilkinson was awarded a significant interim payment at the Royal Courts of Justice.

Can my home really be stolen?

March 16, 2011

Apparently the fraud is achieved by the property owner being impersonated (by a change of name or a fake ID) , and the fraudster then perhaps also uses that ID to then change the registered title deed correspondence address to that of the fraudster. In either case they then sell or even mortgage the property, yet the true owner is unaware. If the Buyer or Lender acts in ‘good…

SDLT going up in April

March 14, 2011

But what if a sale contract has already exchanged before that date, can the lower rate of 4% still be claimed?

Lessons to be learnt – two important disability discrimination decisions

March 11, 2011

1. Disabled employee entitled to legal representation at an internal meeting

Chancel Repair deadline looms

March 10, 2011

If you are buying property, your conveyance will more than likely carry out a property search to discover whether your property is affected by an obligation to contribute to the repair of the chancel of the local parish church.

Employer’s intention important in constructive dismissal claim

March 10, 2011

In the case of Tullet Prebon Plc and ors v BGC Broker LP and ors, the Court of Appeal decided that, when considering whether an employer’s actions towards an employee amounted to a repudiatory breach of contract, entitling the employee to claim constructive dismissal, it is important to closely consider the employer’s intention.

TUPE and pre-pack administration

March 9, 2011

The Employment Appeal Tribunal (“EAT”) has determined that administration will not be sufficient to avoid regulations 4 and 7 of TUPE.

First Corporate Manslaughter Trial

March 8, 2011

Cotswold Geotechnical (Holdings) Limited is the first company to be found guilty under the Corporate Manslaughter and Corporate Homicide Act 2007.

Growing flexibility towards costs in Tribunals

March 7, 2011

Costs in Employment Tribunal claims are very rare and can only be awarded on limited grounds, such as the vexatious or unreasonable behaviour of a party; however, Tribunals appear to be extending the interpretation of these limitations so that cost orders may become more common in the future.

Employer stumps up £13,000 for employee who stole from him

March 4, 2011

 

More Changes to the Points Based Immigration System

March 3, 2011

The Government proposes to limit the number of people it will allow into the country in 2011/12 under the new Tier 1 (Exceptional Talent) category to 1000. As we have known for some time, the limit under Tier 2 (General) will be 20,700, which will be strictly rationed on a monthly basis. A total of 4,200 Certificates of Sponsorship will be available in April, thereafter, the monthly limit will be…

New Limits on Employment Tribunal Awards

March 2, 2011

The annual changes to the amounts Employment Tribunal’s may award took effect on 1 February.

UK housing market shows signs of improvement

March 1, 2011

The National Association of Estate Agents (NAEA) reports that house-hunters demand figures reached a six-month high in January.

ECJ ruling bans insurers from charging men and women different premiums

March 1, 2011

The ECJ issued a landmark ruling today which effectively bans the insurance industry from charging different premiums for men and women.

Important decision will help insurers make cost savings

March 1, 2011

Success Fees “at Trial” Restricted:  An important decision for insurers to note has come about from the judgment in the long awaited appeal case of Amin & Hussain v Mullings & Royal Sun Alliance.

National housebuilder rejects doom and gloom

February 24, 2011

Reported by Telegraph.co.uk recently, Redrow founder and chairman Steve Morgan rejects gloom and considers that the housing market has “started encouragingly” in 2011 following the house-builder’s return to profit in the second half of 2010.

Who IS your conveyancer?

February 23, 2011

Murderer loses unfair dismissal case

February 23, 2011

As reported by the BBC yesterday, a Royal Mail worker from Hampshire who was sacked when he was charged with murdering his married lover has lost his case for unfair dismissal.

Regulations which repeal the default retirement age published

February 22, 2011

Regulations which repeal the default retirement age were published last Thursday. They are much as anticipated but there is a problem with the way in which the transitional provisions have been drafted.

The Royal Wedding Knees Up

February 22, 2011

Home Office plans to extend licensing hours over the Royal Wedding weekend have proved more controversial than you might think. There were over 700 responses to the recent consultation, with individuals and interested groups voicing a range of concerns about noise and disturbance, binge drinking and increased demands on the blue light services.

Changes to the Taxation of Termination Payments

February 21, 2011

Current position

The Rule of Law (RIP)

February 21, 2011

It has just emerged that on 10th February the snappily titled Equality (Transit Visa, Entry Clearance, Leave to Enter, Examination of Passengers and Removal Directions) Authorisation 2011 was both made and came into operation. This happened without warning or publication.

Welfare Reform Bill – the far reaching impact

February 21, 2011

Last week the government announced further details about the Welfare Reform Bill.  On Friday we reported on some of the far reaching consequences this will have for employers. 

The Welfare Reform Bill – Scrapping Disability Living Allowance and Overhauling Unemployment Benefits

February 18, 2011

This week the government has announced further details about the Welfare Reform Bill. The legislation is thought to be the most radical reform of the welfare state since it was created. The aim is to save £5.5 billion over the next four years and to introduce the concept that work always pays. Two of the major reforms concern an overhaul of unemployment benefits and the scrapping of the…

The firing line: can dismissal by e-mail ever be fair?

February 16, 2011

The press has been full of reports about the 38 soldiers who were recently sacked by e-mail. The non-commissioned officers who had all served for at least 22 years in the army were sent an e-mail from a senior officer informing them that that they were to be made redundant. The soldiers were given the required 12 months notice and told that they should start preparing for civilian life. One of…

Is failing to offer an Employee overtime a detriment?

February 11, 2011

The case of Arriva London South Ltd v Nicolaou UKEAT considered an employer’s policy of only making overtime available to those workers who had opted out of the 48 hour working week established by the Working Time Regulations 1998 (“WTR”).

Together we’re stronger

February 11, 2011

Conveyancers must be prompt. From a business point of view, unless and until an exchange of contracts takes place a conveyancer might not get paid. This has always been the case but many conveyancers still fail to grasp this. Even now. With numbers of transactions at an all time low and with buyers more commonly getting cold feet, it is so important to exchange of contracts promptly…

Employers who fail to pay the National Minimum Wage to be named and shamed

February 11, 2011

This week the government has published details about its plans to name and shame employers who fail to pay the National Minimum Wage (NMW). The new scheme came into force with effect from 1 January 2011. The scheme is supported by The Low Pay Commission and The Department for Business, Innovation and Skills (BIS).

Countryfile presenter is unlawfully discriminated against

February 10, 2011

There has been a lot in the news this month about the Tribunal claim brought against the BBC by the ex-Countryfile presenter, Miriam O’Reilly.

Imminent threat to insurers use of gender

February 9, 2011

Insurance companies across Europe await the outcome of an important case being heard by the European Court of Justice.

Rebranding exercise amounted to discrimination on grounds of sexual orientation

February 9, 2011

The EAT has decided, in the case of Lisboa v Realpubs Limited and Others, that a rebranding policy intended to make a pub more attractive to different sectors of the community and less attractive to gay customers could amount to direct discrimination. It also constituted a fundamental breach of an employee’s contract of employment, allowing him to resign and successfully claim constructive…

Is there finally some good news for employers?

February 8, 2011

The Government is planning to tighten up employment legislation to make it more employer friendly. The Prime Minister, David Cameron, plans to implement a new “Employer’s Charter” with the aim of making life easier for employers and to encourage growth within the private sector.

First-time buyers – a new mortgage-free option?

February 7, 2011

First-time buyers would then “co-buy” a property with the investment fund, with the aim of buying the fund out within five to seven years.

Government confirms it will abolish the Default Retirement Age of 65 this year

February 7, 2011

The Government has confirmed that the Default Retirement Age (DRA) of 65 will be phased out from 6 April 2011 with complete abolition on 1 October 2011.

5% stamp duty looms – but little impact on prices expected

January 31, 2011

This was announced by the Chancellor in the 2010 budget so as to fund a temporary scrappage of the tax for first-time buyers.

ACAS Code applies to SOSR dismissals

December 9, 2010

The case of Cummings v Siemens Communications Limited has decided that the ACAS Code of Practice on Disciplinary and Grievance Procedures applies to dismissals by reason of some other substantial reason. The Code itself expressly states that it applies to dismissals relating to misconduct and/or poor performance. It also states that it does not apply to redundancy dismissals or the expiry or…

It’s snow joke – employment rights in adverse weather conditions

December 2, 2010

Do employees who take “snow days” have to be paid?

The Immigration Cap

November 11, 2010

Background

“Breastfeeding” legislation is discriminatory

November 10, 2010

The legislation allowed a mother, who was an employee, to take time off to feed her baby, whether this was by breast feeding or bottle feeding.  A father was only allowed to take time off if both he and the mother were employees.