News
Legal representation at disciplinary hearings
12-Feb-10
The Court of Appeal has ruled that employees may be entitled to legal representation at some internal disciplinary hearings.
In G v X School the Court of Appeal decided that a teaching assistance was entitled to representation at an internal disciplinary hearing where he was accused of career threatening misconduct.
On the basis of the right to a fair trial (Article 6 of the European Convention on Human Rights) the Court of Appeal decided that a teaching assistance accused of sexual misconduct with a 15 year old pupil should have been entitled to legal representation at his hearing.
Grandmother wins ruling on care of grandson
12-Jan-10
A grandmother has won a legal battle over the care of her three-year-old grandson. The Supreme Court ruled that where there is a dispute over custody, the child’s welfare takes precedence over the interests of the biological parents.
This ruling will help strengthen claims by grandparents to care for their grandchildren in certain circumstances.
One of our property partners, Sarah Evans, was interviewed on Blog Talk Radio and discussed property pitfalls for the small business.What should you look out for when taking business premises? Listen to the interview using the link below
avoiding-property-pitfalls
Time for power of attorney?
17-Nov-09
“Secret Court seizes £3.2bn from elderly” was a headline that appeared in the Mail on Sunday at the end of October. The story refers to the Court of Protection, which was set up approximately two years ago to act in the interests of people who are unable to manage their own affairs. It replaces a previous body with the same name that had more restricted powers and was overseen by the High Court.
The Court of Protection hears approximately 23,000 cases a year involving people deemed unable to make their own decisions. The presiding judge will decide whether a family member can act for their loved one or, if no one is available or considered suitable, then control can be awarded to officials from the Office of Public Guardianship.
Companies Act 2006 - Final Implementation
23-Oct-09
On October 1st 2009 the Companies Act 2006 finally came into force in its entirety. When the Act was passed in November 2006 it was at that time the largest single piece of legislation passed in the UK. The final implementation will change many of the elements of limited companies that have become familiar over the years.
Stamp Duty - the return
13-Oct-09
In September 2008, as a way to stimulate the moribund property market, the UK government scrapped stamp duty on any property priced under £175,000. But with the property market now looking much healthier, the normal stamp duty threshold is due to return on 1st January 2010.
From then, buyers will once again be required to pay 1% stamp duty on all properties priced between £125,000 and £250,000. For properties worth £250,001 to £500,000 the tax is 3% and for those over £500,000 it is 4%.
Planning Permission - still required?
20-July-09
On 1st October 2008 new planning rules came into effect making certain projects ‘permitted development’ so planning permission is no longer required.
Homeowners still need to check the pre-conditions to the permitted developments and there are additional requirements if the property is within areas such as a conservation area or Area of Outstanding Natural Beauty. It is also likely that many developments will also often need to obtain Building Regulation Approval, as this is a separate regime run by the Local Authority.
Media access to family courts
29-April-09
Despite opposition from the majority of the legal profession, journalists are now allowed into family proceedings in the magistrates, county and High Court.
They will not be able to identify the parties or any child involved in the proceedings and courts will have the discretion to exclude them in the interests of children or the safety of the parties and witnesses.
Justice secretary Jack Straw said that the changes would help increase public faith in the court system. Until now, with some exceptions, neither the public nor the media have been allowed into the court to protect families from intrusion into their privacy. But there have been claims that the secrecy of the hearings has led to injustices, with some children wrongly taken into care.
Flexible Working - Update
17-April-09
From April 2009 new legislation has extended the number of employees who will be eligible to apply for a change in their working arrangements.
The Employment Act 2002 introduced a right for employees to request flexible working as long as the employee had worked for the employer for 26 weeks and had parental responsibility for a child under the age of 6 years. The age limit for the child has now been extended to the age of 16. The right to request flexible working still also applies to employees with disabled children under the age of 18 years, or care for an adult who lives with them.
Property Market - end of price slide in sight?
17-April-09
The housing price indicators for February and March provide reason for cautious optimism that the slide in house prices may be slowing to a halt. Indeed, indications are that they may soon start to experience a modest rise.
With the government-backed Northern Rock re-introducing a 90% mortgage and other lenders promising to increase their mortgage lending, the outlook for potential buyers looking to raise deposits and obtain mortgages with a view to buying a house appears to be brightening.
The information we have received of late from estate agents is that properties that have languished on the market for many months, with little or no interest, are seeing more viewings. Buyers once again seem to have a Spring in their step!
Where there's a will...
31-March-09
Failing to make a will can lead to both heartache and hardship for your loved ones after you die.
Many people assume that they don’t need a will because everything will automatically pass on to their spouse when they die. This is not the case. If you die intestate, that is without making a will, then your estate will be divided in ways laid down by the law. Some will go to your spouse, some to your children and some may go to other family members. These could be people you may not even like and would not have chosen as beneficiaries yourself.
HIPs to provide more information
16-March-09
The Government has announced new measures to provide more details in Home Information Packs (HIPs) and ensure that they are available as soon as a house is put on the market.
From 6th April 2009 sellers will have to include a Property Information Questionnaire (PIQ) covering areas such as the property's service charges, flood risk information, structural damage, gas and electricity safety and parking arrangements. The PIQ will also apply to leasehold properties and will include a summary of leasehold arrangements.
Chancel Repair Liability - What Risk?
26-January-09
The history of chancel repair liability is ancient and complex. It relates to the historic responsibility for upkeep of a church being divided between the rector and the parishioners. The parishioners had a duty to repair the nave while the rector had a responsibility to repair the chancel end. Parishioners’ responsibilities were transferred by legislation to the church and do not pose a problem, however when the lands of the rector became divided by sale into private ownership the responsibility to repair the chancel would have passed also.
A recent case has highlighted the problem. In the case PCC of Aston Cantlow and others v Wallbank (2003) (House of Lords) the owners of a property were held liable for chancel repairs to their local parish church exceeding £95,000.00. When VAT, interest and legal fees are added Mr and Mrs Wallbank owe almost £500,000.00. The House of Lords did highlight in their judgement the unfair nature of the liability calling upon the Law Commission to repeal the laws surrounding this ancient problem.
Please contact Roger Stone at Chichester or Sarah Evans at Selsey for more information.