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Law related articles writen by lawyers
and experts witnesses practicing in England



What are Directors Duties?

  August 3, 2015     By Summerfield Browne Solicitors
Are you the Director of an English Company? If so you owe certain duties to the Company and if you do not comply with them then you are at risk of being sued.

Worried about Employees Taking Advantage of Your Business?

  July 27, 2015     By Summerfield Browne Solicitors
Employers should be aware that terms may be implied into an employment contract in circumstances where there are no equivalent express terms agreed between the parties. A term may be implied into an employment contract by common law or statute and they fall into the following categories: (i) terms implied in fact; (ii) terms implied by law; (iii) terms implied by custom and practice; and (iv) terms implied or modified by statute.

How to Protect Your Business from Exploitation by Employees

  July 20, 2015     By Summerfield Browne Solicitors
Are you concerned that if some of your key employees left, they would be able to exploit know how gained while working for you, at the expense of your business? If so, then read this article to see how you can protect your business.

How to Protect Your Business from Exploitation by Employees

  July 13, 2015     By Summerfield Browne Solicitors
Are you concerned that some of your key employees have knowledge about your business which could in certain circumstances, if such information was exploited by the employee, damage your business? If so find out how to protect your business.

Construction Industry in the UK Lost 1.1 Billion

  July 2, 2015     By Levi Solicitors LLP
Propelled by the government’s investment in property, the construction industry is a leading section for the UK economy. In an industry where workers rely upon pneumatic tools, heavy duty machinery and other high-risk tasks, it is surprising that 40% of construction sites failed health and safety checks last year.

UK Employee Share Options – Enterprise Management Incentives Option

  June 29, 2015     By Summerfield Browne Solicitors
What can early stage companies do to retain key personnel when they might not have sufficient funds to pay competitive salaries? This article considers one of the most popular employee share option schemes in the UK.

Employee Incentivisation – An Overview

  June 24, 2015     By Summerfield Browne Solicitors
Are you looking to retain key personnel? If so this article provides guidance on some of the options to incentivise your employees and therefore increase the chance of the employee staying with your company

Don't Let Your Estate Agent Bully You

  June 19, 2015     By Levi Solicitors LLP
People frequently question in they have the right to their own conveyancing solicitor. Of course you are, you’re about to make the largest financial transaction of your life.

62% Take 121 Days to Settle Invoices

  June 17, 2015     By Levi Solicitors LLP
The Queen’s Speech confirmed a new Conservative Enterprise Bill which, for most SMEs, cannot come into play soon enough! The bill is aimed to help small business in settling late payments and disputes.

Intellectual Property Considerations in Relation to Commercial Joint Ventures

  June 15, 2015     By Summerfield Browne Solicitors
Determining the terms of ownership and exploitation of intellectual property rights is a fundamental aspect of forming any commercial joint venture. This Article considers some important preliminary issues that the parties should consider and evaluate.

Practical Considerations in Setting up a Corporate Joint Venture under English Law

  June 8, 2015     By Summerfield Browne Solicitors
Are you thinking of setting up a corporate joint venture in England? If so then here are a few practical matters to consider before you enter into the joint venture.

Corporate Joint Ventures – Initial Considerations under English Law

  June 1, 2015     By Summerfield Browne Solicitors
Are you considering setting up a joint venture in Europe? If so you might consider setting up the joint venture under English Law. Here are a few initial considerations.

Shareholder Agreements under English Law – Basic Share Structure and Share Transfer Considerations

  May 11, 2015     By Summerfield Browne Solicitors
If you have more than one shareholder in your company, then you should consider agreeing the terms of a shareholders agreement which regulates the rights and obligations of shareholders.

Civil Claims Contrasted to Criminal Proceedings in Fraud Cases

  April 25, 2015     By Drukker Solicitors
If a fraud has been committed against your company there may be general desire to get justice by seeing the perpetrator sentenced for their crime and sent to prison. However, commercially astute businesses realise that the use of civil proceedings may be more advantageous.

Couple Uses Tax Payer Money to Fund Dream Wedding

  April 20, 2015     By Stephen Lickrish & Associates
A married couple have been convicted of benefit theft after it was revealed that they had used the overpayments to pay for their wedding abroad.

Is a Claim on a Directors and Officers Policy Made as a Consumer or Business in the UK?

  December 15, 2014     By Wright Hassall
The Financial Ombudsmen Service (“FOS”) resolves disputes between consumers and businesses. So if you want to complain about a Directors & Officers policy, clearly a ‘business’ policy, even if you are claiming in what appears to be a personal capacity, does that fall within the jurisdiction? FOS thought yes, but the broker against whom the director complained in this case asked the Court to review FOS’s jurisdiction.

What Do You Do if There is a Nil Rate Band Trusts in a British Will?

  November 19, 2014     By Purely Probate Solicitors
Nil Rate Band trusts were often included in British Wills made before October 2007. Now they are no longer needed for inheritance tax planning. This article contains advice about what you should do if you are the executor or beneficiary of a Will which contains a nil rate band trust

Can Incidents of Medical Negligence be Reduced if NHS Trusts Shared More Data on Medical Errors?

  November 13, 2014     By Wright Hassall
It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned from data, can only be a bonus for all organisations regardless of operation - and none more so than the NHS.

Tier 1 Investor Visa UK New Changes Effective from 6 November 2014

  October 25, 2014     By 1st Citizen
The UK has announced radical changes to its Investor Visa Scheme.

How Much is Medical Negligence Costing the NHS?

  September 11, 2014     By The Specter Partnership Solicitors
In the UK Medical Negligence cost the NHS £1.2 billion during 2013/2014 – but why are mistakes within the medical world on the increase? There were over 3,000 claims made within 2011/2012, compared to just 250 in 1981/1982 – have we become a compensation hungry nation, or is medical care really going downhill? We take a look at the issues surrounding medical negligence claims and take you through whether you should make a claim against the NHS.

Holiday Pay Calculations Must Include Commission - UK

Where a worker is paid commission on the basis of sales made this commission must be included in the calculation of holiday pay.

Airport Premises - Traps for the Unwary

  By Ince & Co
Taking a tenancy of airport real estate may at first appear little different to leasing any other type of commercial property. This article highlights some of the traps that may occur.

The Recast Brussels Regulation: Enhancing the Effectiveness of Jurisdiction Agreements

  By Ince & Co
We consider how the recast Brussels Regulation is aimed at reinforcing exclusive jurisdiction agreements within the EU.

The Jackson Reforms: A Sea Change in the Conduct of Civil Litigation in the UK

  By Ince & Co
Why the one-year old Jackson civil litigation reforms need to be taken seriously by everyone involved in English litigation, including parties, experts and lawyers.

Ship Managers Find Port of Refuge Before the Hong Kong Courts

  By Ince & Co
A review of three recent decisions dealing with a ship manager’s right of arrest under Hong Kong law.

The Financing of Claims in the Employment Tribunal in the United Kingdom

Various ways of financing the bringing of an Employment Tribunal claim in the UK and Wales.

Employment Non Competition Covenant Advice Note

The effect of existing employment non competition covenants when setting up your own business in competition with a former employer.

UK Spouse Visa: Explanatory Comment on Financial Requirements

UK Spouse visa rules changed dramatically in July 2012. A new set of financial requirements for the British sponsor are a challenge to immigration officers, let alone practitioners and lay clients. The author explains how the new financial requirements work.

Inheritance Tax Trap

Why it is Essential to include comprehensive information when you fill in Inheritance Tax forms IHT 400 and IHT 421

Child Maintenance & Rights of Access

Child/spousal maintenance and contact is one of the main issues in any divorce or separation. This article discusses some of the difficulties associated with it.

Severe Delays in Processing Sponsor Licence Applications by the UKBA Holding Back Growth - UK

Businesses in the UK who are looking to sponsor individuals under the Tier 2 & 5 categories are facing excessive delays in getting their Sponsor Licence applications approved. Hudson McKenzie’s Business immigration team represents businesses from all sectors of the UK economy and we have reached out to our clients to gauge the repercussions of these delays. Undoubtedly, it is a unanimous vote that severe delays on part of the UKBA are currently holding back growth in the UK economy.

Will Writing to be Regulated in the United Kingdom

Why regulation of will writing in the UK is a good thing. Good news. In the UK will writing is going to be regulated by approved regulators. This means that anyone who writes a will or someone else must pass exams, keep up to date with recent developments etc.

How Do I Get UK Probate for an Australian Citizen?

If you are the executor of an Australian person who had assets in the UK you may have to get the Australian grant of probate resealed in the UK before you can access the assets. What do you do if you are the executor of an Australian who dies with assets in the UK? Unfortunately you will probably need to get the Australian probate resealed in the UK.

The Guide to Fair Redundancy - UK

This article aims to answer the most frequently asked questions regarding redundancy. What is redundancy and what does it mean? According to the Employments Rights Act, Section 139 1996, employees face redundancy because of the following occurrences: • The employer wishes to terminate the business; and • The employer no longer requires the employer’s working role within the company .

How to Get Probate in the UK for a French National

A brief explanation of how to get probate in the UK for a French person owning assets in the UK at the date of death, and what to do if it is necessary to remove an administrator appointed for the use and benefit of someone else. If a French person dies with assets in the UK the executors may have to get probate in the UK before the asset can be released.

Employment of Staff in the UK

This is a preliminary advice note and is not a substitute for taking detailed legal advice in relation to your businesses situation, which may be legally complicated. This article pre-supposes that the staff to be engaged are employees and not self-employed. The engagement of self-employed staff will be the subject of a separate article.

How Do I Get International Probate for Someone Domiciled Outside the UK?

A short article explaining the process for the next of kin of someone who lived outside the UK to get probate in the UK. There has been a vast increase in UK born individuals emigrating, but they often keep a rainy day fund in the UK. Other people who are not UK residents have ties to the UK and have some assets here. This has led to demand for legal advice about how to get international probate and release the UK assets when someone dies domiciled outside the UK.

How the Drinking Culture is Increasing the Potential for Personal Injury - United Kingdom

From nightclub brawls, to drink driving, to alcohol related accidents, anyone has experienced British nightlife and pubs will have some understanding of how intoxication can have potentially hazardous consequences. In the past five to ten years we’ve been inundated with media stories about the rise of booze Britain and youth binge drinking, but how much of it is really true, and if true how does this impact upon the rise of alcohol related personal injury?

What Do You Do if Someone Dies with Assets in the UK who is Not a UK National?

Summary of the process for obtaining UK probate if a non UK resident dies dies with a bank account, shares or other assets in the UK. Non UK residents who travel regularly to the UK may have UK assets such as a bank account or shares. Unless the amount in the account is very small the banks won’t release the money in the account to the executors without UK Probate. The shares can’t be sold.

Kadmos Consultants Review the Right of Work Permit Holders for Indefinite Leave to Remain in the UK

Kadmos Consultants welcome recent comments of the President of the Upper tribunal questioning the legality of the new requirement of the immigration rule making settlement applications for Work Permit holders subject to an arbitrary minimum wage benchmark. Kadmos Consultants are happy to announce another stepping stone in their fight for the rights of migrant workers.

Lasting Powers of Attorney (LPA) Briefing Note - United Kingdom

An LPA is a legal document that allows someone (called the Donor) to choose who they want to make decisions on their behalf when they lack mental capacity to make the decisions themselves. The LPA must be completed in advance of the Donor losing mental capacity. It is then kept until needed.

Ireland - New Investor and Entrepreneur Programs

The Irish Government has launched two new immigration programs aimed at Investors and Entrepreneurs who are prepared to invest or create jobs in Ireland. - Immigrant Investor Program - The Immigrant Investor Program requires applicants to make substantial investments in Ireland.

How Much Should Probate Cost?

Should firms give a fixed fee for Probate work? If so how much should it be? A lot of solicitors still charge a percentage of the value of the estate plus an hourly rate of around £200 for Probate work. Banks charge an extraordinary 3% of the value of the estate.

Studied at a UK Institution- What Next?

In order to retain talent in the UK, The UK Border Agency is making certain changes to the existing routes and is also introducing a new visa category known as Tier 1 (Graduate Entrepreneur). The UK Border Agency with effect from 6 April 2012 will be closing down the existing Tier 1 (Post study work) route. As a result, we have been inundated with questions from students looking to extend their stay in the UK.

How Do You Get UK Probate for Non UK Residents?

When a non UK resident dies owning assets in the UK it is often necessary to get Probate in the UK. This article summarises how to get it.

Foreign Based Speakers Who Exhibit "Unacceptable Behaviour" Will Be Excluded from the UK

It has been held by the UK Court of Appeal that foreign based speakers will be excluded from the UK if they have exhibited “Unacceptable Behaviour".

UK Immigration - Are you looking to send a senior employee of your company to the UK to set up a Branch?

Sole Representative of an Overseas Company - An overseas parent company can send one of their senior employees to the United Kingdom as their sole representative in order to establish their subsidiary or register a United Kingdom branch.

Entrepreneurs and Investors Continue to Get Red Carpet Treatment to Set Up in the UK

The Tier 1 (Entrepreneur) category is for those investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the United Kingdom.

Tier 1 (Investor) Visa- Invest in the UK to gain Citizenship

The Tier 1 (Investor) category is for those high-net-worth individuals who want to make a substantial financial investment in the UK of £1,000,000 (GBP 1 million) or more.

Surrogacy

Surrogacy is an arrangement whereby a woman carries and bears a child on behalf of the 'intended or commissioning parents'. Under English Law, the woman who carries and bears the child is the legal mother. If she is married at the time she becomes pregnant, English law will see her husband as the legal father, regardless of the genetic make-up of the child.



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