Property contracts explained

The conveyancing element of a property transaction is one of the most complex aspects of selling and buying property. In previous articles we explained the process of buying and selling property and this article will look specifically at the contracts involved in these transactions.

It is not recommended that you try to complete the task of conveyancing on your own because it is a complicated process which is very time consuming and if anything does go wrong it can cause massive setbacks for you and for anyone else in your housing chain. Therefore, it is highly recommended that you instruct an experienced conveyancing firm such as a property solicitor or a licensed conveyancer to undertake this critical stage in the property transaction. Additionally, if you also intend to buy a new home to move into as well as selling your current home you should make sure that your conveyancing firm are aware of this as they can tie both transactions together.

What is equity crowdfunding?

In a previous article we discussed some of the different ways you can raise investment for your business and one of these methods is equity crowdfunding. You have probably seen the more common form of crowdfunding where a business sets up a campaign and offers people products or gifts in return for money. Equity crowdfunding works in a similar way but instead of offering gifts the crowd can invest in equity shares instead.

If your business decides to go down the equity crowdfunding route you need to be aware that tens or even hundreds of people will own very small portions of equity shares in your business. The total sum of equity owned by the crowd may only be 10% but that is a lot of people hoping your business does well, and if it fails they are likely to lose some if not all of their investment. A potential downside is that having so many shareholders may deter larger investors, such as venture capitalists, from investing at a later stage.

Enforcing a debt

Once a judgement has been made in court against a defendant that owes money they have 14 days in which to pay and avoid a black mark on their credit file in the form of a judgement. Although most defendants will settle the debt to avoid this, there are occasions when payment still does not happen. In these circumstances enforcement options may need to be considered. Here we will take a look at some of those options.

First of all, with the help of a lawyer, you should seek to establish the status of the defendant in order to decide the best course of action. You should consider whether they own any property, are in active employment, are still trading as a business if it is a company debt, or if they own any other assets which might help to cover the debt.

Who are angel investors?

There are many ways you can raise capital for your business, some of which are highlighted in our article “How to raise investment for your business”.

If your business is looking for an investment then you are likely to come across angel investors. An angel investor is someone who invests in businesses with their personal finances. Many people will probably be familiar with the concept because of the popular BBC TV series “Dragons’ Den”, where budding entrepreneurs pitch their idea to multi-millionaires with the aim of getting “the Dragons” to invest their own money in the entrepreneurs fledgling business. 

Pursuing debt outside of court

In our recent guide we looked at how debt can be pursued through a number of methods including court action. In this article we will detail some of the ways in which we can pursue money that is owed outside of court, saving time, money and potentially preserving relationships with clients and other individuals.

If someone is refusing to pay the money that they owe you then there are a number of considerations that you need to think about when deciding what action to take. If you are a business and owed money by another company then you might have had a long relationship together and would prefer not to sever ties with them by taking them to court. Alternatively, you might just wish to avoid the extra cost and time involved in going to court.

How to deal with a housing chain

One of the most stressful parts of selling or buying property is being in a property chain. The stress is caused largely because the situation can be completely out of your control.

When in a property chain you will probably be in the process of selling property and also of buying a property to move into too.

The people looking to buy your home, unless they are first time buyers, are probably trying to sell their home as well and the current owners of the property you intend to buy are probably looking to a buy a new home too. This is an example of a property chain. It is stressful because this chain can be very long and if one buyer/seller has a problem with their transaction it effects everyone in the housing chain. Essentially, you are relying on the success of other people’s property transactions within your property chain in order for your transaction to succeed as well.

Sharland & Gohil – the effects of divorce and non disclosure

As anyone in the matrimonial legal world and anyone going through the difficult process of divorce will note, there has been a significant development in the case law surrounding disclosure of finances during the divorce process.

The ex wives of Messrs’ Sharland and Gohil have been locked in a lengthy legal battle to have their financial settlements re-visited, so that they can have the figures re-examined and (hopefully) a more favourable outcome reached. They have done so based on the deliberate non-disclosure of information which would have had a material impact on the settlement, had it been known at the time. There had been appeal after appeal, all the way up to the Supreme Court, the highest court in the land.

How to find the right investor

Entrepreneurs, start up businesses and businesses desperately looking to raise crucial capital may feel that they can’t turn down an offer from an investor, however bad that offer is, and as a result reasoning can go out the window.

If you are looking for an investor for your business it is important that you remember that the relationship between both parties has to be good because you may be working together for many years. Therefore, you should determine what you are looking for in an investor before you seek investment.

An Overview of Freezing Orders

It can be incredibly frustrating for a claimant to spend a lengthy amount of time locked in a legal battle to chase a claim and to be successful in that battle only to then discover that the defendant has arranged their assets in such a way  that they can no longer be recovered.

A Freezing Order (previously known as a Mareva Injunction) can be used in court to prevent a defending party from disposing or handling their assets to frustrate the claimant’s recovery of said assets.

How to renew a lease when renting commercial property

If you have found a commercial property that you plan to rent you might be concerned that your lease has an expiry date or you may be coming to the end of your lease and wondering what you can do to extend the agreement. In our previous article, “a guide to leasing property for small & medium businesses”, we explored the process of securing a lease for a commercial building and it is during this process that you can negotiate the length of the lease with the landlord. This article explains what you should do when you want to renew your lease agreement to extend your occupancy of the commercial building.

Premiums, deposits, rent and business rates explained

When searching for a suitable commercial property to operate your business from, it is highly likely that one of your biggest concerns will be the costs involved. In our previous article, “a guide to leasing property for small to medium businesses”, we explained the process of leasing commercial property and in this article we will focus on the financial aspects of the acquisition.

The property’s owner, the landlord, should provide you with the expected full financial costs associated with leasing the building prior to or during the negotiation of the lease. As well as the premium, deposit, rent and business rates this should also include security deposits, personal or company guarantees and any other guarantees requested by the landlord.

Negotiating a commercial property lease agreement

As discussed in our previous article, “a guide to leasing property for small & medium businesses”, a commercial property lease agreement is a legally binding contract between the landlord and the tenant. Before signing a lease agreement it is vital that you understand every term and condition stated in the contract and the agreement meets your business requirements. You may need to negotiate some of the terms in the agreement in order for the lease of the building to work effectively for your business needs. This article highlights some of the terms and conditions you need to be aware of in order to achieve this.

Your obligations and rights when leasing commercial property

In our previous article, “a guide to leasing property for small & medium businesses”, we discussed the process and benefits of renting commercial property as well as what you need to look out for. If you plan on leasing a commercial building you need to fully understand that a legally binding agreement has to be made between the tenant and the landlord. This article will feature some tips regarding your rights and obligations that should help you maintain a healthy relationship between you and the property owner.

Company Formations by Harry Dronfield and Sunad Joshi

An article on Company Formation has been published on the website Corporate LiveWire.

In it Harry Dronfield (an Associate Solicitor at Rollingsons) and Sunad Joshi (an Assistant Solicitor at Rollingsons) look at the importance of choosing the right company to form and the risks involved in incorporating the wrong type of company.

This is illustrated by looking at several case studies on how clients benefit from tailoring their articles of association in line with their business and organisational needs. 

Click here to download the PDF of the Expert Guide.

Find out more about Harry Dronfield and Sunad Joshi.

What to consider when making an offer on a property

As discussed in our property buyer’s guide, once you have calculated what you can afford and you have enlisted the legal services of a property conveyancer you can begin to make formal offers for the property you wish to buy. However, before you rush into making an offer you should carefully consider your approach. It is also important to note that some of the methods will be different depending on where you are or where you are planning to buy property in the UK.

Before you start placing offers for property you should clearly define the maximum limit for your budget and stick to it. If your ideal property is just above the upper limit of your budget you should carefully consider whether you can afford to stretch your finances and estimate what you may have to live without in order to afford the property.

Why choose a solicitor for conveyancing

Conveyancing is the name given to the legal process of buying and selling property and is usually completed by a conveyancing solicitor or a licensed conveyancer. This article should help you decide how to choose a property conveyancer and why it is best to use a conveyancing solicitor to carry out the legal process of your property transaction.

Transferring property ownership

The final stage of buying a property is perhaps the most nerve-racking part of the process. You have probably spent a number of months searching for a property, negotiating the price and securing a mortgage. Your heart is now set on that property becoming your new home and every part of you is willing for the transfer of ownership to go smoothly. This article should help you understand the process and highlight what to look out for during the contract exchange and completion of the sale.

Deposits and mortgages

When you are looking to buy a house, deposits and mortgages go hand in hand because the size of your deposit will affect the size of your mortgage and therefore the amount you repay. This article explains how much you need for a deposit and how you can get the best mortgage deal.

As discussed in our property buyer’s guide article, a mortgage is a financial loan that is usually provided by a bank or building society and a deposit is required to get a mortgage. At the time of writing your deposit must be at least 5% of the property’s value and your mortgage provider would lend you the remaining 95%. However, this deposit amount is a minimum requirement and there are a number of reasons why you should save up for longer in order to put down a bigger deposit.

How leaving a Will can safeguard your children’s future

We all want to provide for our loved ones but unfortunately many people don’t plan enough for a future after they are gone and presume that their possessions will be inherited automatically by their immediate family. Some people may think their possessions do not add up to much and are not worth passing on to loved ones. However, the value of your assets and deciding who receives your estate is only one aspect of a Will. Using your Will to safeguard your children’s future should be a much bigger priority than it often is, but it is sadly sometimes overlooked due to a lack of awareness and understanding about its significance.

What should you include in a Will?

There are a number of elements that should be included in your Will and some are more obvious than others. How your estate is to be divided up or stipulating funeral and burial arrangements seem like obvious choices. If you are unsure then this guide should hopefully provide you with a useful starting point but to ensure everything is covered correctly, we recommend instructing a solicitor to write your Will.

How does Inheritance Tax work?

When writing your Will you need to consider and account for Inheritance Tax, a tax applied to the value of your estate after your passing. This article explains how this form of tax works, what you need to be aware of and how a solicitor can help you to minimise the amount of potential Inheritance Tax your beneficiaries will have to pay on your estate.

The value of your assets will be calculated after your death and after any outstanding debts are settled and funeral expenses are paid. If the remaining estate value is above the Inheritance Tax threshold, what you leave behind for your beneficiaries will be taxable.

Summer 2015 Budget – Small / Medium Sized Businesses

We have keenly followed George Osborne’s Summer 2015 Budget aware of the implications it has on our corporate clients. Yesterday’s budget announcements by the Chancellor contained several proposals which are likely to please owners of small and medium sized businesses.

One of the headline announcements was the proposed reduction in corporation tax from the current rate of 20 per cent to 19 per cent in the 2017 financial year (FY) and 18 per cent in FY2020. Given the difference between corporate tax rates and personal rates, this downwards trend may be followed by an increased use of personal companies.

An announcement which will appeal to businesses who invest in qualifying plant and machinery is confirmation that the annual investment allowance shall be £200,000 from January 2016. This means that businesses can deduct the value of qualifying plant and machinery up to a total of £200,000 from their profits before tax. This is a permanent cap, which creates certainty for businesses which are planning on making qualifying investments.

An increase to the Employment Allowance from the current rate of £2,000 to £3,000 means that businesses will benefit from a reduction in the National Insurance they pay. Businesses will undoubtedly enjoy this reduction in the cost of staff.

We have a network of trusted accountants and other tax specialists who we can refer you to and are able to advise you on a range of business taxation matters.

Reasons to avoid “do-it-yourself” Wills

It can be difficult planning for your loved ones after your passing but it is important that you try and minimise the stress and emotional impact the proceeding events can have.

Producing a valid Will of your own making is difficult and can be a risky choice. If any elements of the Will are written incorrectly or the Will is somehow invalid, your loved ones will be left to deal with the aftermath which could be a potentially complicated situation that leads to your final wishes not being followed as you would have liked.

New ACAS Guide for small and medium sized businesses – Staff Pay

ACAS have on 1 July 2015 released a useful new guide for small and medium sized employers in issues surrounding staff pay. This includes guidance regarding different types of pay systems, wage slips, staff absences and pay as well as wage deductions and overpayments.

Rollingsons’ experienced employment lawyers can assist you and your business with a range of issues including those relating to staff pay. Contact Rollingsons on 020 7611 4848 to speak to an employment lawyer or by email to info@rollingsons.co.uk.

Divorcing outside the EU

In our recent blog we looked at some of the differences between divorcing in the EU and divorcing in the UK and in particular the need for fast action. In this blog we will look at some of the considerations you should make when planning a divorce outside of the EU.

Unlike divorces in the EU, divorces that take place elsewhere do not require as much haste, although it is still recommended to be the first spouse to petition for a divorce. Different countries have different attitudes towards divorce and it could be that the country your spouse aims to start proceedings in will rule more favourably towards them than you.

A step-by-step guide to due diligence by Harry Dronfield

This article was originally published in the Solicitors Journal as part of the Commercial Law Practice: An Expert Guide.  In it Harry Dronfield (an associate solicitor at Rollingsons Solicitors) discusses legal due diligence in the context of a sale and purchase of a company or business where the solicitors acting on behalf of the parties participate in the due diligence exercise on behalf of their clients.

Click here to download the PDF.

Find out more about Harry Dronfield.

Why is it important to seek early advice when considering a divorce in the EU?

The process of divorce is never pleasant and spouses will often seek to get proceedings over as quickly as possible. However, timeliness can be particularly important in international divorce cases. Here we will explain why.

As of 2001, EU regulations were introduced which meant that the first spouse to begin divorce proceedings would be able to choose which country their divorce takes place in. As many countries treat divorce settlements differently to each other, this could in theory benefit one spouse over the other and therefore it is critical to seek legal advice quickly when dealing with an international divorce.

Nestlé struggle to trade mark KitKats

More than one billion KitKats are bought per year, the product is hugely popular across Europe, North America and Asia and the bar’s design is thought to be widely recognised. Nestle, the manufacturer of KitKats, have recently tried to prevent other products being produce with the same four-fingered design by protecting the chocolate bar with a trade mark in the UK.

Grounds for divorce outside of England & Wales – what you should know

In our recent guide to International Divorce we looked at the many different considerations that need to be made when planning to dissolve a marriage outside of the UK.

However, even within the UK there are differences in the divorce process. In this blog we will detail the differences in the legal grounds for divorce in England & Wales compared with that of Scotland and Northern Ireland.

Relocating your child to another country

There a number of different reasons that a parent might decide to take a child abroad, but without consent from both parents this act is viewed by law as child abduction and a serious breach of a parent’s right to custody.

Divorces bring with them a large amount of upheaval, not only for the spouses but also for any children who might be involved. Uncertainty over what is happening with their parents’ relationship and what the final outcome may mean for their own future can stir up a whole range of emotions in children. Because of this, parents will usually want to make swift decisions over where and with whom the child will live, in order to bring some stability back to their life.

Reasons to avoid “DIY” probate

Losing a loved one is a difficult experience for anyone and it can be made even harder by the complicated duties that have to be carried out in the aftermath. Aside from the initial tasks of informing close friends, employers and family and arranging a funeral, there is also the much more complex job of handling and distributing their estate.

Avoiding Employment Tribunals with a Settlement Agreement

Employment disputes can involve complicated issues which can distract you from your daily work and also reflect badly on your business. If you suspect that an employee may bring a claim against you then acting fast by offering them a Settlement Agreement could provide you with a more desirable outcome.

Establishing the value of a deceased persons estate

In our article “Why should I instruct a solicitor to administer an estate” we took an overview of some of the key reasons that you should ask a solicitor to handle an estate. One particular area that can benefit from a solicitors expertise is working out the value of a deceased person’s estate.

Financial implications of settlement agreements

If you have been offered a Settlement Agreement then you will be likely to benefit financially. However, there are certain financial implications that you should be aware of.

What is a Settlement Agreement?

Formerly known as a Compromise Agreement, a Settlement Agreement is a legally binding contract which can be used to bring to an end an employment relationship on agreed terms. It can act as an alternative to employment tribunals when a dispute arises and a claim is likely to be made against an employer.

What happens to an estate when no will is in place?

When someone dies without writing a will, or where a will cannot be tracked, they are said to have died ‘intestate’. This means that their estate cannot be distributed in any way other than by following the laws of intestacy, as they have not indicated through their will who the beneficiaries should be. In this article we will explain what happens to an estate in this situation.

What happens to debts when a person dies?

As we explained in our article “Why should I instruct a solicitor to administer an estate” there can be lots to arrange following someone’s death and many of these tasks are best suited to a solicitor, who can often give you valuable advice. One area which can often be a cause of worry to many people is what will happen to debts when they die, which is a subject that we are going to explore in this article.

What should employers know about Settlement Agreements?

In our recent guide we looked at how Settlement Agreements can be used to avoid costly employment tribunal claims and to prevent time consuming and prolonged management of underperforming staff. Below we discuss some of the key facts surrounding Settlement Agreements that employers should be aware of.

What is a Settlement Agreement?

A Settlement Agreement is a legally binding contract which can be used to bring to an end an employment relationship on agreed terms. They are less commonly used when a dispute is settled and an employee returns to work for the employer, Settlement Agreements were formally known as Compromise Agreements.

What to do if you have been offered a Settlement Agreement?

A Settlement Agreement is a written agreement between an employee and employer which ensures that the employee will not pursue claims against their employer in court or a tribunal, often in return for the payment of a sum of money. However, if your employer offers you a Settlement Agreement then there are certain considerations that you need to make.

Shared Parental Leave – note for employers

As we explained in February, this month will see the first parents exercise their right to Shared Parental Leave (“SPL”). Where the expected week of child birth is on or after 5 April 2015, or where a child is placed for adoption on or after 5 April 2015, parents are entitled to “share” up to 50 weeks of leave and up to 37 weeks of shared parental pay.

The rules are fairly complex and there will inevitably be a bedding-in period during which employers, HR and legal professionals attempt to get to grip with the procedure. We have set out below, in brief, the procedure which an employee must follow and how the employer may respond.

Rollingsons successfully acts in complex surrogacy case

The Head of the Family Law Department at Rollingsons, Jeetesh Patel, recently successfully acted for the applicants in the case of R and S v T (Surrogacy: Service, Consent and Payments) [2015] at the Royal Courts of Justice on 13^th March 2015.

This was an application for a parental order from R and S, a couple in their early sixties who have been married for 38 years, concerning twins aged 18 months who were born following a surrogacy arrangement entered into by the applicants in a surrogacy clinic in Ukraine. Commercial surrogacy arrangements are permitted in Ukraine. The applicants had spent many years trying to conceive a child of their own.

Three key types of restrictive covenants

Restrictive covenants are used to protect business interests by preventing employees from competing with them after they leave. However, many employers don’t understand how they work and some employees may be unaware of how their terms could affect them post-employment. In this blog post we will look at the three most commonly used restrictive covenants.

Eye surgery and negligence claims

Laser eye surgery is more readily available than it has been in previous years. Laser eye surgery can be used to improve vision and reduce the need for glasses or contact lenses and surgery can take place to remove cataracts and repair retinas. However, while many treatments improve the vision and quality of life of patients, there are occasions where, due to negligence, mistakes are made. If this happens then a patient may be able to make a case for compensation.

Enforcing a restrictive covenant – what are the options?

In our recent article we looked at how restrictive covenants can be used to protect businesses from losing out when an employee leaves, provided that there is a legitimate business risk. Restrictive covenants must be expressly agreed to by the employee in their contract in order for them to be valid, but what happens when they leave and you suspect they may be breaking these conditions?

To stop an employee from breaching the conditions of the restrictive covenants in their contract an injunction could be obtained, provided that there is some evidence of on-going wrong-doing (i.e. proof the employee is breaking a particular covenant).

Misdiagnosis claims

When we visit a doctor or medical professional we trust their judgement and years of training in diagnosing our health problems. However, occasionally they fail to meet these expectations and either miss signs of illness or diagnose the condition as something else.

Misdiagnosis can be summarised in two ways. The first is when an illness or condition is not diagnosed at all. The second occurs when the wrong diagnosis is made.

An example of the first type of misdiagnosis could be when a patient has visited their GP with stomach problems, but their concerns are dismissed and a diagnosis is not made, only to later discover they have a form of cancer.

Recruiters - five things to watch out for

Whether you are new to the recruitment industry or are well established, it is worth re-visiting some essential points regarding your terms and conditions of business.

An agency is, broadly speaking, a business which arranges for other businesses or individuals to work together. An agency which supplies workers on a temporary basis is an employment business, whereas an agency which supplies persons to work for businesses permanently is an employment agent.

Employment agencies and employment businesses are regulated by two main pieces of legislation: the Employment Agencies Act 1973 (the Act) and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regs). Together, this framework attempts to protect the worker and imposes certain restrictions on what employment agencies and businesses can and can’t do.

Clubs and Societies – to incorporate or not?

If you are working together with other people with a common purpose (but not with a view to making a profit) and you have members, you may well be running a club or society. It could be a sports club or social society, that you or your child is involved in. What you may not have considered is what the potential repercussions would be if something went wrong?

Restrictive covenants: what you need to know as an employee

Whilst leaving a job to start your own business or move to pastures new can sometimes be a liberating experience for employees it can also provide problems for businesses and employers who wish to limit any damage to their business when the employee leaves. However, sometimes these clauses can go beyond protecting reasonable business interests and leave an employee unable to move forward with their career.

Cosmetic surgery negligence

The cosmetic surgery industry has seen a boom in popularity in recent years with many new surgeries opening, and more people than ever looking to take advantage of greater choice over where and with which doctor they have their work done. However, with increased competition comes the temptation to cut corners and this leads in some cases to negligence, failed surgeries and suffering on behalf of patients.

Although the cosmetic industry is not as heavily regulated as other areas of healthcare, those who operate within it still have an obligation to deliver a certain standard of care and if they fail to do this then compensation could be claimed.

Capital Bridging rebrands to Amicus

Capital Bridging Finance Limited (“Capital” or “Capital Bridging”) is changing its name to Amicus. The business, one of the leading short term property finance lenders in the UK feels the change of name will better support their strategy of broadening their lending proposition and builds on their strong reputation as a dependable, adaptable, approachable lender that works hard with their customers to find a solution.

Drafting restrictive covenants – what employers should know

During their employment, employees have access to confidential information, build relationships with valued customers and have insights into trade secrets. When they leave that employment these interests could be vulnerable. A restrictive covenant can help businesses to protect their interests when an employee leaves. However, they must be carefully drafted in order to be enforced.

What is dental negligence?

According to the British Dental Association around 25% of the British population suffer anxiety over seeing a dentist. Most of the time their fears are unfounded, the pain is temporary and they leave with less discomfort, however there are times when things can go wrong. Accidents can happen but if a dentist fails in providing the level of care expected then there could be a case for compensation.

All medical practitioners have a duty of care which means that they must take precautions to ensure their patients’ safety. However, in certain scenarios they, as dentists, might not meet this requirement.

What you need to know about shared parental leave

Recent changes to regulations mean that parental leave laws now allow prospective fathers the right to take more time off to attend antenatal classes. Next year, it will go one step further and allow male employees the right to share parental leave with their partner. What does this mean for employees and employers?

As of October 2014, male employees are allowed to take time off for antenatal appointments so that they can accompany their expectant partner. However, whereas female employees will be paid during antenatal appointments, male employees will not.

Previously, female employees could take a maximum of 52 weeks, with the first 26 being ordinary maternity leave and the remainder known as additional maternity leave.

What you need to know about flexible working patterns

Changes in 2014 to employment law mean that any employee who has a child under 16 years of age, or under 18 years of age with a disability, or an employee who is looking after an adult dependent, can request flexible working hours. These rules also extend to any employees who have adopted or are currently fostering.

Have you been a passenger in a road traffic accident? Here’s what you should know

When it comes to road traffic accidents, it’s not just the person that’s behind the wheel that is affected. Whether through physical injury, loss of earnings or mental anguish, a passenger in a vehicle can be affected just as much as the driver should they be unfortunate enough to be involved in an accident, and as such they are rightfully entitled to compensation for any direct losses.

What to do if you are involved in an accident with an uninsured driver

Being involved in a road traffic accident can be a very traumatic experience, especially if the accident was not your fault. However, it can be made even worse if you discover that the other driver is uninsured or if the other driver is untraced having left the scene of the accident without exchanging details with you or you are unfortunate to be the victim of a hit and run then there are ways though in which you can still recover compensation with the help of a solicitor.

Selling your business: how to choose a legal adviser

If you’re looking to sell your business then it’s important to take legal advice from the outset, even before the start of negotiations. Finding a reputable law firm can be difficult but these tips will help you make your decision. Just as your business needs an accountant, one of the first services you will need is that of a lawyer. Striking the balance between quality of service and what’s affordable is crucial.

Rollingsons launches lease extension calculator

The first question we are asked when we talk to people about extending their lease is usually " How much will this cost me?" and before spending money on a formal valuation we recommend you use a lease extension calculator to give you a guide as to the likely premium you might have to pay. We are delighted to say that we have now launched our own calculator which can be found on our website. http://www.rollingsons.co.uk/Conveyancing-Solicitors/Leasehold-Enfranchisement/Extension-Calculator

Website Blocking Orders Against ISPs Offer Powerful Protection For Brand Owners

In the last few years, numerous blocking orders have been obtained by music and film copyright owners pursuant to section 97A of the Copyright, Designs & Patents Act 1988. This significant legal development has resulted in Internet Service Providers (ISPs) preventing their customers from accessing peer-to-peer file‐sharing websites. Such websites allow users to select and download various files from an organised directory of content.

In the recent case of Cartier International AG & Others v British Sky Broadcasting Ltd & Others [2014], the High Court concluded that blocking orders may also be sought in respect of websites selling and advertising counterfeit goods, although there is no statutory equivalent to section 97A. This decision has paved the way to imposing more burdens on ISPs, as it is the first time that blocking orders has been awarded to brand owners in this way.

Maternity allowance for self-employed mothers

Being self-employed has many perks, however when it comes to planning a family it is important that you know what to expect. Unlike expectant mothers who have an employer, self-employed workers do not recieve Statutory Maternity Pay (SMP).

Statutory Maternity Pay is designed to support pregnant employees during their maternity and is only available to mothers who are currently on an employer’s payroll.

Time Limits For Bringing Contract Or Negligence Claims

The Limitation Act 1980 is a law that places statutory time limits on the issuing of court claims. According to the act an action must be commenced within the appropriate time limit otherwise it invalid and cannot be issued. It is important to note that once the claim form is lodged at court the limitation time limit no longer applies and the case can take as long as necessary to be resolved.

International surrogacy laws called into question

Following the recent situation surrounding Gammy, the baby allegedly abandoned to its surrogate mother in Thailand,  the rules governing international surrogacy have been called into question.

The surrogate mother, Pattaramon Chanubua, alleged that a couple from Western Australia abandoned Gammy when they discovered he had Down’s syndrome, but took his healthy twin sister. The Australian couple have denied knowledge of Gammy, now seven months old, insisting that their surrogate daughter didn’t have a brother, and that they had experienced issues with the surrogacy agency they went through. They since confirmed that they were aware of Gammy’s existence but his surrogate mother refused to hand him over.