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Independent Legal Advice

Independent Legal Advice is required when you are entering into a legal agreement and must be taken by an alternate solicitor or Chartered Legal Executive. ILA is mandatory where a party is being placed at risk but not receiving a benefit from entering into the transaction, this could be in transactions such as personal guarantees, transfer of equity or employment settlement agreements. Usually, ILA is provided in person, so that the signing of the document can be witnessed by the independent ad...

September 17, 2021

Refusal to return to work: the Health and Safety defence

How do you deal with staff refusing to return to the workplace? When will an employee be right to refuse to return? This has been an emerging issue since early 2020 and only now are Tribunal cases being heard and determined. We now have valuable insight into the Tribunal’s approach to COVID-19 related cases – and the newly discovered s.100 defence. Under s.100 of the Employment Rights Act 1996, dismissals will be deemed to be automatically unfair if the sole or principal reason for the dismi...

September 17, 2021

What you need to know about a Personal Guarantee

A Personal Guarantee is an agreement whereby an individual, also knows as the Guarantor, agrees to satisfy a contractual obligation of another party if the original Party that entered the agreement fail to do so. An example of this is where an individual may need to take out a large loan with a creditor to fund a business, they may be a director or shareholder for, this loan could be for purchasing a building. The creditor would need a form of collateral that would protect them if the business c...

September 13, 2021

Shared appreciation mortgages

The Bank of Scotland, now part of Lloyds Banking Group, is being sued by a group of 150 homeowners who allege that the mortgages sold to them in the late 1990’s are now leaving them owing the bank thousands of pounds due to the rise in house prices over the last 30 years. The bank targeted customers approaching retirement and offered them the Shared Appreciation Mortgage which gave borrowers the opportunity to release up to 25% of their property value. Once the homeowner died or sold the house...

September 8, 2021

New Powers to Investigate Directors of Dissolved Companies

The ‘Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill’ will provide the Insolvency Service with new powers to investigate the directors of companies that have been dissolved to avoid the repayment of loans. The aim is to prevent directors from dissolving their companies to avoid creditors and acts as a deterrent against the misuse of the dissolution process. Extension of the power to investigate includes the relevant sanctions, such as disqualification from acti...

June 10, 2021

Deliberate concealment: Court of Appeal clarifies ss.32(1)(b) and 32(2), Limitation Act 1980

Many mis-sold PPI and undisclosed commission claims are barred by the 6-year limitation period under the Limitation Act 1982. However, the recent Court of Appeal judgment Canada Square Operations Limited v Potter [2021] EWCA Civ 339, extends the time period in which such claims can be brought and should, therefore, increase the number of cases which can rely on section 32 of the Limitation Act 1982. Section 32 of The Limitation Act 1982 (“The Act”) Generally speaking, section 32 of The ...

June 8, 2021

Wood and Pengelly – Court of Appeal Holds No Need for Brokers Fiduciary Relationship in Secret Commission Cases

The conjoined Court of Appeal judgment, Wood v Commercial First Business Ltd & ors and Business Mortgage Finance 4 plc v Pengelly [2021] EWCA Civ 471, handed down on the 31st March 2021, has made it much more probable that borrowers could receive compensation, if the commission paid by the lender to their broker was not fully disclosed to them. This new ruling confirms that, in a case where a fully secret commission was paid by a lender to a broker, there is no need for a stringen...

June 7, 2021

Mis-sold Mortgages

Mortgage mis-selling occurs when your lender, financial advisor or broker failed to: take the time to properly assess your circumstances and requirements;advise you on a mortgage that was suitable; or  act in an open, honest and transparent way and this results in the customer ending up with a mortgage that is not suitable for their circumstances. Common examples of mortgage mis-selling includes: You may have been advised: to take an interest only mortgage without proper consideration being...

May 21, 2021

Business Interruption Cases and the Financial Ombudsman Service

The UK Supreme Court recently delivered its judgment on the Financial Conduct Authority Business Interruption test case. The decision of this case is highly important to small businesses, who may now be able to have their business interruption claims heard. We all know that there are several ways to resolve disputes - written correspondence; negotiation; using a solicitor or indeed tacking the case yourself through the Courts.  However, there is also another route, which may be lesser-known...

April 20, 2021

No 'Jab', No Job..?

COVID-19 vaccinations have been administered to over 17 million people in the UK to date, prompting a push for employers to reopen their places of work. In doing so, employers will have to ensure that they offer a safe working environment for staff and customers. What we have now seen is that, in doing so, they are asking the question, “Can and should I force my staff to have a COVID-19 vaccine?”....

April 12, 2021

'Covid Cover'​: Insurers to pay small firms for Covid-19 business interruption and lockdown losses

Yesterday, the Supreme Court handed down Judgment which found in favour of small firms receiving payments from their insurers for ‘business interruption’ during the Covid-19 Pandemic. COVID-19 and the resulting public health measures taken by the UK Government have caused heavy financial losses to businesses around the country. Many businesses have insurance policies which cover them against loss arising from interruption to their normal business activities, due to various causes. ...

January 16, 2021

Tenant eviction moratorium extended - With a few exceptions!

Since 23rd March 2020, there have been many changes made by the government, not least to the rules governing residential possession claims.  One of the most recent changes comes in the form of The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 (SI/2021).  Paragraph 2 of the regulations states that no person may attend a dwelling for the purposes of executing a writ or warrant of possession or for delivering a notice of eviction.  This effectively...

January 14, 2021

MHCLG Update ends limbo on buildings without cladding at last...

The Ministry of Housing Communities & Local Government announced yesterday that leaseholders of flats in buildings without cladding will no longer be required to obtain a EWS1 form before they sell or re-mortgage their property, ending a period in which leaseholders of flats in such buildings were held in limbo and many were unable to sell or re-mortgage their properties.This decision has been reached after an agreement between government, RICS, the Building Societies Association and UK Fi...

November 24, 2020

Remortgaging?

Responding to the COVID-19 crisis, the Bank of England has made two base rate cuts in quick succession, first to 0.25% just before the Budget, and now to 0.1%. This means that mortgage borrowing rates in the UK are now lower than ever before and so it’s a great time to look at re-mortgaging your property. By re-mortgaging, you can do two things: Reduce your monthly mortgage interest, and hence your monthly outgoings; and / orPull out some well-needed funds to help you through the current situa...

April 27, 2020

Witnessing Wills during the Coronavirus pandemic

As many clients are tense to have their Wills updated (or in some cases drawn up) to ensure that their Estate Planning matters are organised during this difficult time, we at Jamieson Alexander are offering video and telephone meetings to discuss Estate Planning matters. However, all Lawyers are still faced with the hurdle of satisfying the relevant Laws for the valid creation of a Will, with the main hurdle being the valid execution of the Will. The (questionably outdated) Wills Act 1837 p...

March 30, 2020

Commercial Leases and the impact of COVID-19

On 23 March, the government announced that businesses and premises which are “non-essential” must close. A table outlining the businesses and premises should be closed is available here.  Many businesses will be worrying about their ability to pay rent and may be wondering if there is way to end their Lease early. The current situation raises questions for both landlords and tenants of commercial premises.  What a landlord or tenant can do will depend on the actual terms of the lea...

March 28, 2020

Moving house? Coronavirus update to home movers

The government have now clarified their advice for home movers which is as follows: Home buyers and renters should, as far as possible, delay moving to a new house while emergency measures are in place to fight coronavirus.If moving is unavoidable for contractual reasons and the parties are unable to reach an agreement to delay, people must follow advice on social distancing to minimise the spread of the virus.Anyone with symptoms, self-isolating or shielding from the virus, should follow medica...

March 26, 2020

Coronavirus Landlord and Tenant Update 2 (26.03.2020)

Following the blanket ban on new possession claims being issued during the COVID-19 emergency period, we are slowly seeing further information through from Government and the Courts on the present position. The Coronavirus Act 2020 (“CA 2020”) was given Royal Assent on 25 March 2020.  This emergency Act provides legislation for a host of matter including almost all of the recent changes made by Government around finance, movement of people and in respect of property. These provisions do...

March 26, 2020

Coronavirus: Employment Update 3

Last night, the Prime Minister announced that:  "Travelling to and from work [is permitted], but only where it is absolutely necessary and cannot be done from home".  and “To ensure compliance with the Government’s instruction to stay at home, we will immediately close all shops selling non-essential goods, including clothing and electronic stores and other premises, including libraries, playgrounds and outdoor gyms, and places of worship….”. This immediately raised ques...

March 24, 2020

Coronavirus: Employment Update 2

As Friday saw the Government asking pubs, clubs and restaurants to close and yesterday saw the Government putting out increasingly urgent calls to everyone to stay at home and stressing that “life shouldn’t feel normal right now”, we appreciate now is likely be a very unsettling and questioning time for our business/employer clients and contacts. In order to help highlight certain key issues for our business/employer clients and contacts, we have considered: What the Government support of...

March 23, 2020

Coronavirus: Landlord and Tenant (Property) Update 1

This week has been a whirlwind of change for everyone across the Country and the World.    In particular in England and Wales radical changes have been brought in surrounding residential properties, both for homeowners and rental property.  In brief, this weeks key changes so far are: No new possession claims may be brought against tenants in England and Wales;Mortgage lenders agree to provide “payment holidays” to borrowers, in certain circumstances No new Possession claim...

March 20, 2020

Coronavirus: Employment Update 1

On Wednesday 18 March 2020 the Prime Minister announced that schools will be closed from this afternoon and will remain closed for most pupils (the vast majority) until “further notice” (https://www.bbc.co.uk/news/uk-51952314). The Prime Minister also stated that schools will remain open for the supervision of children of NHS staff and other front-line workers, as well as for vulnerable children. He also announced a national voucher scheme, to ensure that pupils eligible for free school...

March 20, 2020

New Bournemouth Office!

We are delighted to announce that we have now officially opened our new Bournemouth Office!  Details are on the website and our Directors, Alex and Ben, will be based from this and the London office from now on.  The addition of the new office is the next phase in the firm's planned expansion and cements our aims to ensure our staff and clients benefit from a true work-life balance, embracing technology and cloud-working to ensure clients are thoroughly looked after, no matter whe...

March 11, 2020

Intestacy - leaving no Will behind

If you pass away without leaving a valid will your estate will pass in accordance with the law, known as the intestacy rules.  The laws surrounding intestate estates are designed to pass your estate to members of your family in the fairest way possible.  However, the rules are strict and inflexible, failing to suit personal circumstances and wishes.  Issues commonly arise where there are dynamic family structures and tensions in the family.  Furthermore, the rules don’t all...

July 12, 2019

Expansion of Civil Partnerships to heterosexual couples

Following the historic case of Steinfeld & Keidan -v- Secretary of State 2018 this time last year, which found that to deny heterosexual couples was discriminatory, the Government have agreed to expand the Civil Partnership Act 2004 to allow heterosexual couples to enter into a civil partnership. The Civil Partnerships, Marriage and Deaths (Registration etc.) Act 2019 was given Royal Assent on the 28th March 2019, the Civil Partnership Act 2004 has not yet been amended to reflect the change...

June 27, 2019 Posts 1-25 of 46 | Page next
 

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