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Forfeiting a lease: a lifeline for commercial landlords

Josh Millichamp
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Business tenancies are protected by the Coronavirus Act 2020, restricting the landlord’s ability to forfeit a lease for non-payment of rent, at least until the end of March 2021.   However, if a tenant is in breach of any other lease...

Lasting Power of Attorney FAQs

Rita Malhi
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Living in these uncertain times makes the need to get your affairs in order even more important.  Who would have predicted the pandemic that took over our lives almost twelve months ago would still be restricting our day to day movements? We all know...

Debt Recovery during the COVID-19 pandemic

Layla Safieh
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The management of cash flow is imperative to ensure the successful operation of every company/business, regardless of its size.  Talbots Law’s Debt Recovery and Dispute Resolution team have been extremely busy over the past few months both in...

Lockdown 2021 Child Arrangements - what now?

Anna Robinson
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Following yesterday's lockdown announcement by the PM, we have received numerous queries from people who are worried about the contact/care arrangements for their children. In March 2020 the Government and top Judges set out clear guidance for...

Modern day slavery

Ellie Robinson-Brady
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What are employers' obligations and how can they help to eradicate modern day slavery? The history of slavery spans many cultures, nationalities and religions from ancient times to modern day. Many people believe slavery is a thing of the past but...

What is a right of way?

Zackia Begum
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A right of way (also known as an “easement over land”), gives a person (or people) the right to use a part of land that is owned by someone else, in a specific way, or for a particular purpose, despite the fact that they don’t own it. ...

Mirror wills - reflecting on the alternatives

Jodi Flint
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Mirror wills are wills made by two partners where both wills leave all of their property in the same way. This usually means leaving everything to each other and then dividing the funds on the second death between children. In the case of a couple with one...

Changes to National Living and Minimum Wage

Ellie Robinson-Brady
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Chancellor Rishi Sunak recently announced increases to both the National Living and Minimum Wage. There will be an increase of 19p for the National Living Wage (NLW), unfortunately this was 3.4% lower than expected. However from April 2021 the NLW will be...

Tips to tackle workplace bullying

Reyhana Koser
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Anti-Bullying Week came to an end on Friday and finished with the disclosure that Home Secretary Priti Patel had breached the Ministerial Code by bullying staff at the Home Office, according to an internal government report. It is important that employees...

Accident at work?

Bryan Colley
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If you have an accident at work, do you know what your rights are?  Accidents happen – but what if another person’s negligence is directly responsible for an accident or serious injury?  At Talbots Law our experience helps innocent...

Have you started a new business during lockdown?

Sophie Evans
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The majority of people will agree that 2020 has been both an unprecedented and unpredictable year. For many of us, our lives were effectively put on hold during the first lockdown and it was during this time where a large number of us participated in a...

Settlement Agreements

Reyhana Koser
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Has your employer offered you a settlement agreement as an alternative to redundancy? Are you unsure whether to accept it? Are you looking for advice and assistance? Due to the impact of Covid-19 on businesses across the UK and with the furlough scheme...

Race discrimination at work

Ellie Robinson-Brady
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Various events have brought the issue of racism to the forefront this year.  These events include the disproportionate number of people of BAME background who have died of coronavirus, increased unemployment within the BAME group as a result of the...

Protecting your territory

Zackia Begum
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Adverse possession land claims – protecting your territory. Adverse possession is a controversial area of law and one commonly known in the media for giving “squatters rights” to land and often causes public outrage. Although not all...

Mental Health - fostering a healthy work environment

Ellie Robinson-Brady
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Saturday 10th October is World Mental Health Day, and this year's theme, set by the World Federation for Mental Health is "mental health for all". 2020 has been a year out of the ordinary, presenting new and difficult challenges, resulting...

What is Contentious Probate?

Philippa  Rowley
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And the top reasons a dispute arises Contentious probate covers the disputes which arise after somebody dies. The disputes dealt with in this department are extremely varied and are not limited to disputes about the validity of a Will. Here are examples...

Covid Contract Chaos

Zackia Begum
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From Monday 28 September 2020, the rules for Covid secure weddings and sit-down receptions mean that only a maximum of 15 people will be allowed to attend a wedding or civil partnership. These latest changes made by the Government apply to England -...

Can I stop probate?

Philippa  Rowley
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Caveats, warnings and appearances Following a death, either the executors (as appointed by the will), or the family member entitled to be appointed under the intestacy rules (where there is no will), is under a duty to administer the estate. The personal...

Is my lockdown will invalid?

Philippa  Rowley
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In order for a will to be valid, its execution needs to comply with various formalities which are set out in the Wills Act 1937. This includes the requirement for the will to be signed in the presence of two or more witnesses. However, social distancing...

Pre-Nups - not just for celebrities and the super-rich!

Anna Robinson
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COVID-19 has impacted all aspects of our lives and as we get into the ‘new normal’ we’d like to say congratulations to those couples who have weathered the storm and got engaged during lockdown, and to recognise those couples who have had...

Redundancy payments for furloughed workers

Reyhana Koser
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COVID 19 – Furloughed employees entitled to full redundancy payments On 30 July 2020, the Government announced a new law which ensures that employees made redundant during furlough will not be financially worse off merely because they have been...

Getting back to work and the new normal

Reyhana Koser
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COVID 19 - Guidance for businesses getting back to work Now that restrictions are easing, employers are facing new challenges: understanding ‘the new normal’, how to get their employees back to work safely and how to get their business...

Covid-19 - Notice Pay

Reyhana Koser
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Some much-needed clarification of notice pay calculation . . .  When the government first introduced the Coronavirus Job Retention Scheme there were a number of issues which were unclear, the majority of which have now been clarified.  One such...

Struggling to get your money back?

Josh Millichamp
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Our dispute team are busy helping both companies and individuals get what’s owed to them – and having great success! Need help with debt recovery? Good cash flow is essential for any business, even more so at this time, when all businesses have...

Making a socially distanced will

Richard Stone
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There has been a 70% rise in the number of people looking for help to write and update their wills, during the coronavirus pandemic, but the current social distancing measures have made this a challenging process.  Not least because UK rules, dating...

Advice to holidaymakers - cancellations due to Covid-19

Layla Safieh
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On 17 March 2020, the Foreign and Commonwealth Office (FCO) advised against all non-essential travel, resulting in many cancelled holidays. While some travel providers are cancelling flights and holidays and issuing refunds to consumers, others are issuing...

Furlough Leave - updated news and guidance

Reyhana Koser
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COVID-19 – An update on Furlough Leave Since our last article on the Coronavirus Job Retention Scheme (Furlough Leave) the Government has published a number of updates to the guidance. These updates have clarified a few areas of uncertainty that...

Covid-19 Joint Property Rights

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It’s been drummed into all of us: stay at home.  But what if home is shared with someone that you don’t want to share it with?  What can be done? If domestic abuse is a factor, there is clear guidance. The government advice is...

Legal support from the comfort and safety of your home

Matt  Wistow
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Need legal support?  Worried about the health risks of travelling to meet a solicitor? Worry no more! Whether you are looking to put in place Wills and Lasting Powers of Attorney, talk to somebody about your relationship and divorce, or simply to...

COVID-19 - Key issues for employers

Reyhana Koser
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As the coronavirus pandemic continues, there is a possibility of global recession according to some analysts.  How will this affect your business? If the Government place the majority of the population on lock-down and/or increasing numbers of your...

Dream home in the countryside . . . or is it?

Emma Hipkiss
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Looking at buying a property in the countryside?   What if your dream property comes with an agricultural occupancy condition?   Agricultural Ties or Agricultural Occupancy Conditions are planning conditions imposed on...

Happy Valentines Day!

Sue Howard
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If you have said “I WILL!” read on... It’s a romantic time of year and tying the knot whether by marriage or civil partnership is exciting. Lots of fun things to plan and good times ahead.  But don’t forget that legally...

What happens if you don't leave a will

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Sadly, not many of us get around to making a will; roughly six in ten adults die each year without having made a valid will. This is known as dying ‘intestate’ and in these circumstances, the law sets out who is entitled to inherit the assets of...

Returning unwanted or faulty gifts? Know your rights!

Josh Millichamp
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It’s that time of year where the chaotic Christmas shopping is finally over but the sales are just too tempting to say no! What about if one of your gifts turn out to be unsuitable, faulty or not fit for purpose? If you want to return an unwanted...

Happy New Year!

Anna Robinson
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We hope you had a brilliant Christmas, and congratulations if you had something extra special to celebrate – maybe you got engaged over Christmas, or had an offer accepted on your first home together? If so, it’s such an exciting time of your...

Top tips for employers this festive season

Reyhana Koser
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The festive season is upon us and Christmas parties are in full swing.  If you have not already done so, now is the time for employers to issue a gentle reminder to their staff conveying the message that the same rules that apply in the workplace still...

Clinical Negligence and Malpractice

Bryan Colley
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A review into negligence at Shrewsbury and Telford Hospital Trust has now identified over 600 cases where children were left with brain damage, or in some cases died, due to clinical malpractice. It's thought that the number could rise as more people...

When social media becomes anti-social media

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Have you ever considered the issues of defamation when viewing comments online? It's hard to imagine a time when social media wasn't such a part of everyday life. Facebook and Twitter have completely transformed the way people both publish and...

Childcare at Christmas - keeping in contact

Anna Robinson
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Christmas is just around the corner, and for many people it brings the opportunity to spend time with loved ones and make memories.  But for those who have separated from their partners and are struggling to agree arrangements to spend time with their...

Another success for our Dispute Resolution Team

Josh Millichamp
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Our expert Dispute Resolution team regularly help landlords with tenant disputes - here's what a new client had to say about our services in his 5-star review on Trustpilot "Never having had to use a Solicitor before, I approached...

Does your supply agreement cover everything you need?

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A supply agreement sets out the terms and protects the rights of both parties under the supply contract.  So, whether you are buying or selling it is important to understand your obligations and be confident that you can meet them. A well drafted...

Three good reasons for a Supply Agreement

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Do you really need a written Supply Agreement?  Muneeb Dean, Head of our Company Commercial team, looks at the three top reasons why you do. To protect your interests - When you enter into any type of commercial contract you want everything to run...

Where there's a will . . .

Janet Moreton
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. . . there could still be arguments . . . . . . as Mary Jane Cowan discovered when her husband died in 2016.   Michael Cowan, the man who invented the black bin-liner, left his £16m Estate in the control of Will trustees, with the intention...

Problems with Executors or Administrators?

Janet Moreton
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Janet Moreton, a speci​alist solicitor in disputed probate – gives some sound, practical advice. What if you are a beneficiary under an Estate or Will, and are becoming frustrated at the time the Executor or Administrator is taking to deal with...

Problems unpicking finances

Anna Robinson
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Unpicking the financial side of a separation can be a minefield, with many people facing the reality that they don't know the value of their own assets, let alone those of their partner or spouse. Changes in pension and investment regulations...

End of the Blame Game?

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Could "no fault" divorce end the blame game? Legislation for no fault divorce will be introduced as soon as parliamentary time becomes available to end the “blame game” in marital breakdowns, the Justice Secretary, David Gauke,...

What are Permitted Development Rights?

Emma Hipkiss
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Permitted Development Rights are rights to make certain changes to a building without the need to apply for planning permission.  They derive from a general planning permission granted by Parliament rather than from permission granted by the Local...

Planning Permission in Principle

Emma Hipkiss
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Thinking about developing a site for residential purposes? Do you know about permission in principle (PiP)? PiP came into force on 1 st June 2018 and is an alternative way of obtaining planning consent for a housing-led development which is arguably...

Why every parent should have a will

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Less than half of all adults have a will, and the number drops even more for parents with young children, yet it is the one legal document every parent should have. The most compelling reason for a parent to have a will is to be able to nominate a guardian...

Mental Health Awareness

Anna Robinson
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13th-19th May was Mental Health Awareness Week, and was designed to raise awareness of mental health problems and inspire action to promote the message of good mental health for all. Here at Talbots Law, our Family Team understand, better than many, that...

Managing legal affairs for someone with dementia

Lauren Jasper
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There are 850,000 people living with Dementia in the UK, with numbers set to rise to over 1 million by 2025. Whilst the number of registered Lasting Powers of Attorney are rising, many people are left unprepared with family members or carers being unable to...

Home Sweet Home - making your home dementia-friendly in simple steps

Gill Guest
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Living with Dementia can be a challenging time for the whole family, but here are five simple steps that could make a huge difference in overcoming some of those challenges: Putting a prominent feature to the front of the house can make it easily...

10 good reasons to use an SFE accredited lawyer

Lauren Jasper
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Really proud to have been awarded accreditation as a Solicitor for the Elderly, specialising in support and advice for older and vulnerable people, their families and their carers.  It’s always been my goal to specialise in this area,...

Protecting your children's future

Beverley Stanton
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What if the unthinkable happened and you were no longer around to look after your children?  Who would make decisions for them if you died before they turn 18 years of age?  It’s a subject no-one wants to discuss, but Beverley Stanton has...

Changes to Probate Fees

Richard Stone
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As we reported late last year, the Government has proposed changes to the current system of fees charged for a grant of probate for a deceased person’s estate. You can see our article here . Despite facing overwhelming opposition since it was first...

No judgment - but assets could still be threatened

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Not a lot of people know this . . . but someone claiming money through the courts could retain a charge over property without having a judgment debt, as a result of the court’s discretionary powers when dealing with an application to set aside a...

Shareholder Agreement . . . why do you need one?

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Many shareholders overlook the need for a shareholders agreement . . . until they experience problems and it becomes a case of who said what, and who remembers what was said. When setting up a new business, very few business owners think about the...

Bought a car without checking for HPI?

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The dangers of buying a vehicle in good faith without checking for HPI Samuel Lane recently helped a client who had come into possession of a vehicle that had been passed to her following the unfortunate loss of her husband.  She had received...

Delaying Divorce is not always the best option . . .

James Wright
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Although a couple might come to the sad conclusion that their marriage is over, for one reason or another, they might put off bringing it to an end formally.  Does it matter?  Well, it could.  And if it really is over, and divorce proceedings...

Zero Deposit Scheme - Beneficial for Landlords?

Josh Millichamp
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A security Deposit is always a fundamental part of any Assured Shorthold Tenancy agreement, providing the Landlord with security in the event of damage to the property or in the event the tenant falls into rent arrears. Aside from the traditional...

Domestic Abuse Bill to ban cross-examination

Anna Robinson
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The draft Domestic Abuse Bill announced yesterday seeks to ban the cross examination of domestic abuse victims in the Family Courts. Since 2013 the number of cases that have people representing themselves on one or both sides has increased to an incredible...

Workers Rights

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Workers are to be given better protection following  a series of proposed changes made by the government, in what is being claimed as the biggest reform in 20 years. Key proposals include: Giving workers a right to a written statement of terms....

Help! I'm an Executor . . .

Sue Howard
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. . . but I don't want to be. Sue Howard, Trusts & Estates Solicitor has some practical advice to help you come to terms with this important responsibility . . . and suggestions about where to turn if you really can't face it Firstly - ...

Keeping in contact at Christmas

Anna Robinson
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It’s that time of year when the shops start filling with all of the must-have items, supermarkets tell you to get in quick and order the turkey and trimmings, and there's still 7 weeks to go! The sad thing is, at this time of year family...

The Dangers of DIY Wills

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We all need a will, and there’s no question that it’s one of the most important documents we will ever write.  Surely it makes sense, then, to seek professional advice when deciding who you want to inherit, so that when the times comes your...

Budget 2018 - what property buyers need to know

Keith Yates
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Keith Yates, Director of Residential Property at Talbots Law, looks at what the Chancellor’s plans will mean for the housing market “With the market stalling in the last few months, and fears that house price could fall significantly if the UK...

When the employment relationship goes wrong

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Guest blogger David Campbell from DPA-OK

Is it really worth having a written tenancy agreement?

Josh Millichamp
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The short answer is YES! In the absence of a written agreement a tenancy agreement does still exist even if there is only an verbal agreement between the Landlord and the Tenant. For example, the Landlord and Tenant may have agreed at the start of the...

Workplace Discrimination against 'caste' - can you claim?

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Caste relates to the different social levels within certain cultures and racial groups throughout the world, and has been the subject of much argument and debate for many years.  However, employee discrimination by reason of caste is not currently...

Japanese Knotweed - A Knotty Problem

Joe Foley
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Japanese Knotweed is a fast-growing and invasive plant that is almost impossible to remove without expert advice and help.  Whether you are buying or selling a property, it‘s essential that you and your solicitor consider this knotty...

Owens v Owens - no grounds for divorce decision

Anna Robinson
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Is it time for a shift towards 'no-fault’ divorce cases in England & Wales? The Supreme Court has today unanimously rejected an appeal made by a wife seeking a divorce from her husband of 40 years. The decision will mean that Tini Owens...

Is the heat making waves in your business?

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With the heatwave back in full swing and the Met Office issuing an amber “heat healthwatch warning” for parts of England this week, just what are your duties to your staff? All employers have a legal obligation to make sure that the temperature...

Property Fraud - how to avoid

Nicola Reeve
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Property is usually our most valuable asset - which is why property fraud is on the increase.  Solicitors have a role to play in checking property transactions are genuine as the recent Dreamvar Case has highlighted, but there are also...

Online Divorce - Avoiding the Lawyers!

Katie Wager
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Anyone starting divorce proceedings might have noticed that you can now submit a divorce petition to the Court directly online.  This is a great step forward for the Court, and we’re sure many people will take the opportunity to...

Revised How To Rent Guide

Josh Millichamp
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Attention all Landlords! The Government has published a revised version of “How To Rent – A guide for current and prospective tenants in the private rented sector in England”.  This guide booklet sets out the consequences of entering...

Agreeing Commercial Lease Terms

Claire Cooper
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Claire Cooper, an Associate Solicitor in the Commercial Property team at Talbots Law says “clients never realise the importance of the terms of their lease until their circumstances mean that they need to rely on them.  A client who signs up to a...

World Cup Fever - how to manage employee absence

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So the World Cup is in full swing and England is in the semi-finals!!  It might even be coming home! Although the match is due to kick off outside of working hours, as an employer, what do you do about late requests for annual leave and...

Purchasing HMO/Assisted Living Properties - what are the pitfalls?

Claire Cooper
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With a substantial increase in the number of commercial clients purchasing HMOs or Assisted Living properties designed to provide care in the community, Claire Cooper, from our Commercial Property team looks at the background behind this increase, and the...

Plumber Wins Landmark Case Against Pimlico Plumbers

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The Supreme Court unanimously ruled against Pimlico Plumbers this week and upheld the decision made by the Employment Tribunal and Court of Appeal, that plumber Gary Smith was in fact a ‘worker’ under the Employment Rights Act 1996, and not...

The Split - A Family Lawyer's View

Katie Wager
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So who watched the BBC One drama The Split? Well, as a family lawyer, of course I did! Although I wasn't a big fan at the start, I was on the edge of my seat by the final episode waiting to see whether Hannah would stay with Nathan, despite...

Landlords' Rights When Tenants Don't Pay

Claire Cooper
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Claire Cooper, an Associate Solicitor in the Commercial Property team at Talbots Law says “Landlords don’t like empty units and a tenant who doesn’t pay the rent is never desirable, but businesses can face challenging times which can leave...

Development Land - Realising Potential

Claire Cooper
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Claire Cooper an Associate Solicitor in the Commercial Property team at Talbots Law says “with a growing society, more houses are needed and local authorities are reviewing green belt parameters and encouraging infill of already developed areas.  ...

End of year tax planning

Richard Stone
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At Talbots Law we recommend that you regularly review your Will and Estate Planning to ensure that they are up-to-date. As we near the end of the financial year, Richard Stone, Talbots Law Trust & Estates Solicitor specialising in wealth planning, looks...

Breaking Up Advice for Unmarried Couples

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It’s January and, as usual, the media have brought out the annual stories about the first working Monday of the year seeing lawyers instructed in record-breaking numbers as relationships fall apart over the Christmas break. Maybe it’s time for...

Divorce Day

James Wright
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DIVORCE DAY – IS THIS A REAL THING? 8 th January has been dubbed Divorce Day by many lawyers due to the increase in enquiries they receive on this date after the Christmas holidays.  For many years now there has been media coverage in the New...

Why Making a Will Should be Your New Year's Resolution

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Melinda Rice discusses why making a will should be on your list of resolutions for 2018 Just to put things into perspective………. An average person works 40 hours per week between the ages of 20-65 and usually takes four weeks...

Guest blog: Author - David Campbell, DPA/OK

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Complying with the new data protection law ("GDPR") - what to do now Many Midlands based businesses process the personal data of their customers and employees. If you do, you need to ensure you are compliant with the new law by 25th May 2018 -...

Reviewing a Will - Talbots Top Ten Tips

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It’s often said that not enough people make a Will – unbelievably about 60% in the UK still don’t have one.  “Well I’ve made a Will so that’s alright then!” Yes but….you should still review this to make...

Employment Tribunal Fees Declared Unlawful - How Will This Affect You?

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Lubna Laheria, Talbots Employment Solicitor, looks at the effect this may have on employers. The tribunal rules have, since 2013, required issues fees of up to £250 and hearing fees of up to £950 to be paid by claimants who wish to pursue...

Conveyancing groups welcome new government laws on leaseholds

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There’s been a trend in the new housing market over the past few years for builders to sell homes on a leasehold basis rather than freehold. Generally, a freehold is a more common way of buying a property, and it means that as well as the house, you...

Land Registry Improvements for Conveyancing

James Gwilliams
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What can the Land Registry do to improve the conveyancing process? If there’s one thing that frustrates all home owners and solicitors alike, it’s the frustration of having to wait for various organisations to complete their part of the...

Property Co-Ownership Disputes

Janet Moreton
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When might a dispute arise? Many of the cases we see in this area are when couples split up and they disagree with the proportion each of them should receive when the property is sold, or the ownership is transferred. ...

Six prevalent myths you'll hear about divorce

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As with most subjects, there are lots of people who are willing to give you a lot of advice when you announce you are going through a divorce. From the status of the children, to who gets to keep the dog, it seems the world is full of experts who will be...

What are dilapidations?

Jagdip Bains
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Dilapidations relate to disrepair of properties and simply put are the maintenance and repairs required during and at the end of the lease.  The majority of dilapidation claims relate to commercial premises. Landlords usually seek to enforce the...

Handling your divorce - how a solicitor can help

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It's unlikely that planning for a divorce is on the top of most people's life-goals, but it's an unfortunate fact of life that things can happen, and people end up having to deal with it.

Mediation: is the system working?

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According to National Family Mediation, less than 40% of couples went to a mediation information and assessment meeting in 2016 before making an application to a court for orders about children. This is concerning, bearing in mind the fact that it has been...

Co-Habitation Agreements

James Wright
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The law in England and Wales in relation to married and unmarried couples is vastly different.  The often referred to phrase of “common law man and wife” is a common misconception which simply does not exist.  Many people believe that...

The Queen's Speech 2017 and the Gender Pay Gap

Jagdip Bains
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The Queen’s Speech referred to some very important issues, amongst those issues was the intention to make further progress to tackle the gender pay gap and discrimination against people. The gender pay gap measures the difference between men and...

Staying in control

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World Elder Abuse Awareness Day (15th June) The so-called ‘dementia tax’ and proposed changes to inheritance tax dominated the recent general election; more people considering their plans for the end of their life. Recent research indicated...

Overseas Demand Driving UK Commercial Property Market

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Despite a shaky start and a slump in demand following the result of the EU referendum, confidence from overseas investors in the UK commercial property sector is beginning to rise, causing a rebound in the market. When the UK voted to exit the European...