Legal Updates

Legal Updates

General Articles

Choosing attorneys for your lasting power of attorney

Everyone should have lasting power of attorney, along with a will, and in setting this up you will need to appoint people to act as your attorney to look after your affairs if you become unable to.  You need to consider very carefully who you will...

Taking your first commercial lease

Some of the world’s most successful companies have started at home or in a garage, but at some point it makes sense to move to business premises.  Committing to your first commercial lease is an important step in the life of a young business and...

Practical considerations when mediating a business dispute

If your business is involved in a dispute and it is proving impossible to reach an agreement, then it may be time to seek professional advice from a third party.  Rather than heading straight to court, an alternative approach is to attempt to seek a...

Solving a boundary dispute without going to court

Homeowners who feel that the boundary at their property is not where it should be, or that a neighbour’s extension goes over an existing boundary line, could go to court to have this dispute determined.  This is usually only viable if you have...

Development proposals and your local authority search

When it comes to choosing a new home, your future surroundings can be as important as the building itself. But could somebody else’s development plans affect your property? Mr Steve Taylor, a residential conveyancing expert with Malcolm C Foy...

Making a will after a second or subsequent marriage

Without a valid will that says otherwise, your spouse may inherit most if not all of your assets on your death and any children you have from previous marriages could be left with little or nothing.  This is why more and more cases are being brought...

Valuing an estate for probate

Valuing an estate for probate When someone dies, all the assets in the estate will need to be valued as early possible for two key reasons.  Firstly, an estate valuation must be provided to the probate court before probate will be granted.  ...

Hearing the voice of children, when parents separate

Caught in the middle of their parents’ relationship breakdown, it is important that the best interests and wishes of any children are considered.  If parents are separating, they will need to agree the arrangements for where children will live and...

Disagreements and decisions about your children

If you are separated or divorced, you will probably have an arrangement with your ex-partner dealing with where your children live and how often they see their other parent. However, a specific issue might arise not covered by this agreement and on which you...

Challenging a will your relative was pressured into making

Everyone has the right to make a will leaving their money and property to whoever they choose.  But what happens where decisions about who gets what have been unfairly influenced by another person?  Does the will still stand or can it be challenged...

Empty commercial property - risk or opportunity?

If you own a business property which is lying empty, then aside from a poor return on your investment you have a liability on your hands.  ‘The risks faced by an owner of empty property fall into three main categories’ says Nick Pashley...

Getting vacant possession for redevelopment

Where a business tenant has the protection of the Landlord and Tenant Act 1954, the landlord’s ability to get vacant possession of the property is limited.  A landlord who wants to redevelop must prove that they have a viable scheme and genuinely...

Option or promotion agreement - which is best for landowners?

If you have land that is ripe for development, how do you go about ensuring you get the best possible return on its value?  If you are not experienced in planning and construction, you are likely to need the expertise of a professional developer to...

Service charges in commercial property - new code of conduct

Service charges can be a contentious issue.  Landlords and tenants have a shared interest in making sure the property is well maintained and managed but disputes are common.  New professional guidance for commercial property owners and managers,...

Don't let your digital assets end up in a digital grave

In 2018, according to Forbes, the top ten YouTube stars were earning between $14.5 and $22 million. The top earner was a seven-year old boy named Ryan who reviewed toys for other children. While most of us are not in that league, many people now have a wide...

How to avoid a dispute arising from bailment

From the hire of company cars to the shipping of goods, the term ‘bailment’ encapsulates one of the most common forms of legal relationship for those operating a business.   Racheal Harrison, commercial dispute resolution expert with...

Had a cycling accident? Your route to obtaining compensation

The 2018 Tour de France pulled in thousands of cycling new fans after Geraint Thomas became the third British winner of the famed long-distance cycling race. Helped by teammate Chris Froome, his victory adds to the explosion of interest in pedal power since...

Botched dental treatment? You may be entitled to compensation

So, you pluck up the courage to go to your dentist to get those fillings done or to have the root canal treatment you have been dreading for months.  You come out of the dental surgery expecting healthier teeth but what you end up with is more pain and...

Stamp Duty Land Tax: why it costs more to buy a second home

The introduction of a higher rate of Stamp Duty Land Tax (SDLT) for people who own more than one residential property has proved controversial as it has had some unexpected consequences.  Although aimed primarily at investors and second home owners it...

Dreaming of a holiday home? Sort out the legals before putting your feet up

Are you are dreaming of owning a property where you can get away from it all? Somewhere for weekend breaks, a few weeks in the summer or New Year with friends? A holiday home offers an ideal retreat, and also a potentially profitable investment opportunity. ...

Has Japanese knotweed from neighbouring land spread to your property? If so you could be entitled to compensation

Japanese knotweed is a fast-growing invasive plant that spreads easily and requires careful management to control.  The root of the plant can cause significant property damage if it takes hold and can be difficult to eradicate.  If your home is...

Equity release, your questions answered

Record numbers of home owners are choosing to unlock the money tied up in their homes through equity release schemes.  The promise of access to cash without having to move is an attractive proposition but taking out money from your home to enjoy your...

Injunctions: protecting your business while you are in dispute

Picture the scene.  You have just fired a rogue consultant who has set up in competition with you in breach of a restraint of trade clause in their consultancy contract.  Added to this, they have taken a copy of your customer list which they have...

The process of remortgaging and the role of your solicitor

The following table explains the role of your solicitor at each stage of remortgaging your home.  We hope this helps you to understand the process, and how our expert lawyers can support you at every step of the way.     You need to...

Claiming interest and late payment charges on outstanding invoices

When money owed to your business is not paid on time it can have serious knock on effects.  Resources will need to be devoted to chasing payment, cash flow will be affected and overdraft facilities may have to be extended.  Recouping some of these...