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Pensions in Divorce - Offsetting, What Is It and What Are the Risks in It?

John Boon
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When a couple gets divorced then one or both parties’ pensions might be distributed between the couple. In many cases this is done by the pension owner having a percentage of their pension being deducted from their fund. That percentage is then...

Calculation of Personal Injury Compensation Continues to Benefit Claimants

Robert Dempsey
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On 15 July 2019, the Justice Secretary, David Gauke, announced the new Discount Rate figures used to calculate future losses in personal injury claims . Where a claimant’s injuries are long term or permanent, they may receive a lump sum award to...

Discretionary Trusts in Divorce Law - Are Your Trust Assets Safe in Divorce?

John Boon
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A couple of recent cases have repeated the assertion that the concept of “judicious encouragement” should be consigned to the history books. Judicious encouragement was the practice of a family court judge ordering a potential beneficiary of a...

Will I Have to Share the Pensions I Earned Before We Got Married?

John Boon
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The recent Pensions Advisory Group report suggests that there are four answers to the “pensions before marriage” question. We need to be clear on a bit of terminology, however, before looking at the answers. First, remember that pensions can...

New Guidelines on Pensions in Divorce - The Unwelcome Need for Pension Reports

John Boon
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Pensions are often some of the largest assets in divorce settlements and can also be the most widely misunderstood. A new report, released in July 2019, provides stark warnings for professionals working in divorce law. We will be looking at several...

FAQ: Travel Claims

Cristina Parla
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Every week, The Law Society invites law firms to take part in #solicitorchat and gives them the opportunity to answer a few quick legal queries. On this occasion, our Personal Injury team won! Here’s what happened … How can a solicitor help...

Don't Sweep Accidents at Work Under the Carpet

Robert Dempsey
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Monday 17 June saw two contrasting stories relating to the Health and Safety Executive’s efforts to prevent injuries or fatalities in the workplace. Radio 4’s “Farming Today” featured Andrew Turner, Head of Agriculture at the HSE....

Avoiding Unpaid Invoices As a Wedding Vendor

Catherine Rickett
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If you’re a service provider in the wedding industry, this is your time of year to shine. Whether you are a photographer, a make-up artist, or a venue, how do you protect yourself from the last-minute cancellation of a wedding? Unfortunately, this can...

Corporate Transparency and Register Reform Consultation: Protection for Transgender Directors of Uk Limited Companies

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On 5 May 2019, the Department for Business, Energy & Industrial Strategy published a consultation to reform corporate transparency. Generally, the consultation looks at guarding against the misuse of UK corporate entities and balancing transparency...

Becoming Carbon Neutral: How Can Businesses Help the UK Become More Eco-Friendly?

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Ambitious targets for the UK to become carbon neutral by 2050 have been announced by the Committee on Climate Change, which is calling on the government to step up and lay down the law for the nation to proactively take steps to lower its carbon footprint....

Update: Bereavement Damages

Victoria Stevenson
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Bereavement damages have been in the spotlight again following the recent decision of the Court of Appeal in the case of Smith v Secretary of State for Justice. Bereavement awards in England and Wales are provided for under the Fatal Accidents Act 1976. The...

Six Principles to Help Protect Your Charity When Working Closely With Non-Charity Organisations

Julia Seary
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The Charity Commission has issued guidance to assist trustees in managing their charity’s connections with non-charities (such as trading subsidiaries).  Essentially charities are being reminded by the regulator to act with probity and ensure that...

The Growing Threat of Cyber Crime: Five Protective Steps

Julia Seary
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A recent government survey has revealed that over two-thirds of high-income charities had recorded a cyber breach or attack in 2018. Of those charities affected, the vast majority (over 80%) had experienced an attack in the form of fraudulent email...

Update: Wild Birds and Licences

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This article focuses on activities you need to take to stay within the law if you are controlling wild birds to prevent serious damage to livestock, feedstuffs, crops, fruit etc., previously covered by General Licence 04. The legal position The basic...

Do Farmers Still Do Joint Ventures?

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The short answer to our client’s question is yes. Farm businesses are engaging in a whole raft of collaborative ventures as they focus on increasing their competitiveness and preparing for the future. Why are farmers opting for joint ventures? ...

Ten Top Tips for Charities Operating With a Non-Charity Subsidiary

Julia Seary
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Ensure that the purpose of the non-charity subsidiary is to help the charity to make a positive difference for its beneficiaries. The linkage must be for one of the following purposes: trading to raise money for the charity , carrying out activities which...

Brain Injury and Sport

Robert Dempsey
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In the space of just a few days, the charity Headway,  which offers support to victims of Traumatic Brain injuries, has had reason to be critical of FIFA, football’s governing body, following serious head injuries on the pitch. On 17 March,...

Defending a Legal Claim Against You

Cristina Parla
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We talk a lot about how we can help if you have suffered injuries and financial losses as a result of an accident that wasn’t your fault . But we receive a significant amount of enquiries from people who have received court documents through the...

Trustee Disqualification

Julia Seary
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The Charity Commission has used its legal powers to suspend and remove two individuals, who were trustees of The Suyuti Institute charity, for misconduct and mismanagement. This means they are disqualified from being trustees or from holding...

The Charity Commission Focuses on Charities Not Reaching Their Potential

Julia Seary
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The Chair of the CC, Baroness Stowell, yesterday spoke of the need for charities to continue to strive to live up to public expectations so that the sector can be a much-needed source of hope, identity and pride.  The Charity Commission is focused on...

Workers' Rights to Itemised Payslips

Desley Sherwin
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With effect from 6 April 2019, all workers (not just employees) will have the right to receive an itemised pay statement. This will include, for example, workers on zero-hours contracts. Employers are currently required to keep a sufficient record of...

Understanding the Role of an Executor

Chris Wilkes
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End of life planning is something that we all have to do. As an individual, a will is arguably one of the most important documents we have to create, so it's worth taking the time to get it right and understand the different elements.   It is...

Charging Orders - An Effective Debt Recovery Tool

Martin Spencer
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So, you have an unpaid invoice, issued legal proceedings and obtained a county court judgment against your debtor. What happens next? It’s likely that if you have reached this stage, your debtor has not been particularly cooperative and you need to...

Adverse Weather and Travel Disruption Policies

Laura Hill
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Bad weather and issues with travel arrangements can cause significant amounts of disruption to a business and employers are often put in a position where they have to decide at the last minute what to do to adapt working arrangements to ensure that...

Automated Vehicles - Who Is Liable for an Accident?

Cristina Parla
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What would happen if you were involved in a car accident and it wasn’t you driving, but the vehicle itself? In November 2017 the Chancellor promised to have fully driverless cars in use by 2021. All drivers have a duty to other road users under...

Family Investment Companies

Lizzie Walters
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It is often a frightening concept to give away hard-earned assets and lose control over them and this, together with concern over future cash flow, can be a barrier to putting assets into a trust or simply making gifts. One of the key benefits of a family...

What to Expect If Your Claim Is Defended

Catherine Rickett
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So, you have an unpaid invoice, you’ve issued legal proceedings, and your debtor has defended the claim. What happens next? You’re now in the hands of the courts, which can be a worrying time if you’re not familiar with the procedure....

Brexit: What Does It Mean for Debt Recovery in the UK and Beyond?

Catherine Rickett
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The good people of the United Kingdom could be compared with squirrels this autumn: stockpiling goods and cash ahead of the unknowns of another British winter and the imminent exit of the UK from the European Union. The deadline is 11pm on 29 March...

The Importance of Guardianship

Chris Wilkes
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Considering the worst-case scenario is not always easy to do. However, when you have children it is important to think about who would care for them if the worst should happen to you. It cannot always be assumed that if the worst-case scenario occurred your...

Is Airbnb "Fairbnb"?

Robert Dempsey
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To mark the 10 th  anniversary of Airbnb, Rob Dempsey of Roythornes Solicitors considers the legal issues surrounding this recent holiday phenomenon in the context of personal injury law . Airbnb has become an increasingly popular preference for...

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