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Turnover rent - Sharing business risk with your Commercial tenant

Phil Hunt
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Rent is often the key consideration for both landlords and tenants when leasing commercial property.   Both parties will want to reach a figure which is fair, and often both parties will commission a valuation to determine the market value. ...

Sepsis - A UK and global crisis

Lauren Goode
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What is Sepsis? According to The UK Sepsis Trust, sepsis "is a life-threatening condition that arises when the body's response to an infection injures its own tissues and organs”. The most common sources of infection include pneumonia and...

What happens when "you've caught the bad guy"?

Amelia Edwards
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A recent shocking headline which has hit the news, is the case of Virginia McCullough who murdered her parents and lived alongside the bodies for four years in their family home. In video footage Virginia can be seen rather nonchalantly telling the Police...

Understanding the difference between Personal Injury and Clinical Negligence Claims

Lucy Allen
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What is the difference between a Personal Injury (PI) and a Clinical Negligence claim? Personal Injury Personal injury claims arise where a person suffers an injury and/or loss because of the negligence of another party. Types of personal injury claims can...

Employers urged to tighten up on anti-slavery measures

Beverley Smith
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A recent investigation that uncovered instances of modern slavery involving workers at McDonald’s outlets and at a supplier to major supermarkets has flagged the urgent need for employers to remain vigilant against such practices. Sixteen vulnerable...

Swapping a Life Interest for a Life Sentence

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In a recent case reported by the BBC, a GP named as Thomas Kwan disguised himself in an attempt to lethally inject his mother’s partner of 20 years over an inheritance dispute. It was reported that his mother known as Jenny Leung had made a Will...

Rea vs Rea and Oliver vs Oliver

Lucy Palmer
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"Please Sir, I want some more!" Rea v Rea On the 23 rd February 2024 the Court of Appeal overturned the decision in Rea v Rea, creating a landmark result for professionals in the Contentious Probate industry, in relation to Undue Influence...

Solar & Battery: Crucial Considerations for Landowners in Renewable Projects

Lucy George
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Solar and battery projects provide landowners with exciting opportunities.  However, it is important for landowners to carefully consider the impact on their land. Demise The rights granted to the developer under the option and lease could sterilise...

Workers (Predictable Terms and Conditions) Act 2023

Sally Morris
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It has just been announced that the Workers (Predictable Terms and Conditions) Act 2023 will now not come into force. It was anticipated that it would come into force in or around September 2024 but it now appears that the Labour Government have elected...

Purchasing Property: Understanding the Hidden Costs

Becky Husband
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Many potential homeowners when embarking upon a property purchase can sometimes be unaware of hidden costs in order to comply with covenants contained in an original Transfer or Lease. Failure to comply with the covenants prevents a property achieving...

Do you need to notify your electricity storage acquisition to the Government?

Beth Margetson
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The National Security and Investment Act 2021 (NSI) was enacted to address concerns around transactions involving the change of ownership of sensitive industry sectors and businesses either trading in the UK or supplying goods and services to people...

Do you need to notify your electricity storage acquisition to the Government?

Beth Margetson
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The National Security and Investment Act 2021 (NSI) was enacted to address concerns around transactions involving the change of ownership of sensitive industry sectors and businesses either trading in the UK or supplying goods and services to people...

Landlords: Protect Yourself Against Protected Leases

Phil Hunt
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The Landlord and Tenant Act 1954 (the “Act”) recently celebrated its 70 th birthday. Many commercial landlords will already be aware of the difficulties in taking back a property from a tenant with security of tenure, and a recent case suggests...

Do I have to ask my Ex's permission to take my child abroad?

Kennedy Langley
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With the school holidays now underway, one of the most common concerns for separated parents is the issue of taking children on holiday. One common circumstance is a situation in which one parent wishes to take the children abroad, but the other parent does...

Unjust Enrichment

Rachel Gill
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I have mistakenly sent money to an incorrect account – what can I do? In this digital world we find ourselves in, making payments to third parties often now happens at the click of a button – over 350 million faster payment bank transfers are...

Service Charges and Commercial Leases

Emma Chater
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What is a service charge? Service charges are payable by a tenant to the landlord for services that the landlord is obliged to provide under the terms of the lease. Often a landlord will employ a managing agent to carry out those services on their behalf. ...

I am a builder. Does the Consumer Rights Act 2015 apply to me and my work?

Rebecca Rogers
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The Consumer Rights Act 2015 applies to builders and their work, particularly if you are carrying out building work for consumers (individuals or households) rather than businesses. The Act sets out the rights and responsibilities for consumers when they buy...

Five manifesto policies which could affect housing

Beth Margetson
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Ahead of the general election, we have reviewed the Conservative and Labour manifestos and have highlighted below five potential policies to watch out for:   1. Development of new homes Due to the ongoing housing crisis, house building has played a...

Anti-Hero - contentious probate element in the lyrics

Victoria Wall
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With Taylor Swift’s arrival in the UK on her Eras Tour, it seems like a perfect opportunity to reflect on one of her biggest hits Anti-Hero. Whilst most people would listen and simply enjoy the tune, I couldn’t help but notice a contentious...

Crypto Currency and Phishing Attempts On the Rise

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Cryptocurrency is now an accepted currency across the world and is increasing in popularity with investors and traders alike. With its high volatility and the associated risks of cryptocurrency, there is a chance for investors to make large sums of money as...

Directors Duties - What are they and who do they apply to?

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What is the difference between a shareholder and a director? A shareholder of a limited company is an individual or entity that owns shares in it. This allows the shareholder to receive a potential dividend in return for their investment but will have no...

Launch of The Agricultural Landlord and Tenant Code of Practice for England

Tom Bell
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On the 8th April 2024 a new Code of Practice was launched to encourage “clarity, communication and collaboration” in the Agricultural tenancy sector. The Code was produced by a working group of experts representing interested parties from across...

Leasehold and Freehold Reform Act 2024

Beth Margetson
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Major reforms have been ushered through thanks to the Leasehold and Freehold Reform Act 2024 (the “Act”) which became law on 24 May.     The Act has far-reaching effects, but the following is a short introductory summary of the...

Understanding Your Consumer Rights When Purchasing Second-Hand Vehicles in the UK

Chianna Weaver
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Buying a second-hand vehicle can be an exciting yet daunting experience. Whether you're in the market for a budget-friendly run-around or a vintage classic, knowing your consumer rights is crucial to ensuring a fair and satisfactory transaction resulting...

Understanding Your Consumer Rights When Purchasing Second-Hand Vehicles in the UK

Chianna Weaver
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Buying a second-hand vehicle can be an exciting yet daunting experience. Whether you're in the market for a budget-friendly run-around or a vintage classic, knowing your consumer rights is crucial to ensuring a fair and satisfactory transaction resulting...

Getting ready to take your best shot in a rumbling housing market

Javed Ahmed
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There are rumbles of a revival in the housing market with inflation down and an expectation that the Bank of England will soon make a base rate cut.  That’s been enough encouragement for high street lenders to drop their mortgage rates.  But...

The final stage on the rules for tipping and gratuities

Beverley Smith
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New rules to ensure fairness and transparency around handling tips and gratuities will soon go live for hospitality and other service sector businesses.    These are designed to ensure an even-handed approach in situations where the employer has...

The Big C: Demystifying the Diagnosis no one wants to receive

Florence Fisher
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Anyone who has watched recent Stand Up to Cancer specials on Channel 4 will have seen the staggering statistic revealed by Cancer Research UK: one in two of us will be diagnosed with cancer in our lifetime. In 2022, roughly 367,000 people were diagnosed...

Commercial Landlords: Understanding Your Responsibilities

Emma Chater
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As a commercial landlord, it can often feel like you're navigating a maze of obligations and responsibilities. From ensuring the safety of the premises to managing the terms of your leases, it's a line of work that requires careful attention to...

Crisis: The delay in cancer diagnosis and treatment within the UK

Lauren Goode
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Cancer. It is an uncomfortable topic to discuss and an adversary most of us wish to avoid. However, these days it seems unavoidable. According to NHS England, one in two of us will be diagnosed with some form of cancer during our lifetime. Despite...

50 Years of Health and Safety Legislation: The Evolution and Current Landscape

Beverley Smith
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The year 2024 marks a significant milestone in the history of workplace safety in the United Kingdom. This year, we celebrate the 50th anniversary of the Health and Safety at Work Act 1974 (HSWA 1974), a pivotal piece of legislation that revolutionised...

I am a builder. How do I avoid disputes and non-payment?

Rebecca Rogers
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Avoiding disputes and non-payment in the building industry requires careful planning, clear communication, and proactive measures. Here are some strategies you can employ: 1. Detailed Contracts: Ensure that you have a detailed and legally binding contract...

Defending a claim in the Employment Tribunal - heads up on October changes!

Chris Piggott
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On 6 April 2024, a subtle but important change took effect, addressing the ways in which a defence (often referred to as a response) may be presented to the Employment Tribunals in both England, Wales and Scotland.   Currently, anyone wishing to file a...

A Comprehensive Guide to Litigating Workplace Injury Claims in the UK

David Lydon
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Workplace injuries are an unfortunate reality and navigating the legal landscape for compensation can be daunting. This guide aims to provide a clear, comprehensive overview of the process, offering valuable insights into your rights, responsibilities and...

Vento bands - An Update

Beverley Smith
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Compensation for discrimination can include both financial and non-financial loss, and in terms of non-financial loss, this will normally include an award for injury to feelings. What are Vento bands? The Vento bands provide guidance to employment...

Understanding Employment Rights

Darryll Thomas
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Employees with less than 2 years service don’t have the full wealth of employment rights that employees have with service beyond that time. This can often leave them vulnerable in the workplace. In particular such employees do not have the right to...

Going spare - advising Freddy Halstead

Amelia Edwards
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Netflix’s hottest new release The Gentlemen, directed by Guy Ritchie and containing a star-studded cast, has captured the attention of many Netflix addicts! As a solicitor, the series had particularly gripped me with its contentious probate issues. I...

Inheritance challenges and disputed wills are soaring

Andrew Chandler
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Inheritance challenges and disputed wills are soaring , but it’s not just the high profile, mega wealthy that are fuelling the action. Figures from the Ministry of Justice come against a backdrop of headline-catching disputes such as the case of...

ICO Guidance: Sharing Data in Mental Health Emergencies at Work

Sally Morris
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On 1 st March 2024, the ICO published new guidance for employers on sharing personal data during workplace mental health emergencies. The ICO acknowledged that employers may need to share personal information about employees’ health to emergency...

How long do I have to pursue a personal injury claim?

Lauren Goode
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In general, if you have suffered personal injury, you will have 3 years from the date of the accident to commence proceedings in the Courts. This is known as the limitation period. It is the last date in which you can issue formal proceedings with the...

Changes to UK Company Law

James Hayes
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There are big changes on the way for UK company law; with a need for transparency and a better quality register of companies, the Economic Crime and Corporate Transparency Act 2023 does just that. This is a look at those that will specifically affect your...

Medical Negligence Claims: Where Do I Start?

Lauren Goode
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When you require medical assistance, you put your trust in the medical professionals providing your treatment. This may be provided through the National Health Service (NHS) or on a private basis. Whilst the care received within the UK is typically of higher...

Energy Efficiency Clauses in Lease Renewals

Phil Hunt
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In an ideal world, a lease renewal will proceed smoothly with the landlord and tenant reaching swift and amicable agreement on the renewal lease terms.  Landlords and tenants will be familiar with the longstanding points of contention, such as rent....

New EHRC guidance on menopause in the workplace

Sally Morris
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The headlines have been filled today with news of the publication of the Equality and Human Rights Commission (EHRC) new guidance for employers in relation to supporting those suffering from menopause symptoms in the workplace.  The symptoms of...

Menopause Discrimination - Navigating the Fine Line Between Support and Offence

Beverley Smith
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I came across the news headline yesterday about the ‘employee gift bag’ given out by Avanti West Coast to its female employees of menopausal age.  It apparently contained things such as a jelly baby ‘ in case you feel like biting...

Preventing Sexual Harassment in the Workplace

Chris Piggott
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The Equality and Human Rights Commission (EHRC) has indicated it will be updating its current guidance and Employment Code of Practice to reflect the forthcoming duty on employers to prevent sexual harassment in the workplace. This follows the Worker...

New ACAS Code of Practice on flexible working

Sally Morris
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Flexible working laws are due to change with effect from 6th April 2024. The new code incorporates all of the proposed changes to the legislation from April 2024, including reaffirming the 8 business grounds that can be relied on by an employer to reject an application. 

Agency workers to replace striking workers? An insight into the debate so far...

Chris Piggott
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Both the Trades Union Congress (TUC) and the Recruitment & Employment Confederation (REC) have openly been critical of the government in its plan to revoke the ban on replacing striking workers with agency workers during industrial action. This runs...

Proposed Employment Tribunal Fees and Their Implications

Chris Piggott
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Last week the Ministry of Justice (MoJ) began a consultation on the re-introduction of fees for employment tribunal claims and appeals to the EAT. How Does the Proposed Fee Structure Impact Employment Tribunal Claims and Appeals? The consultation runs from...

The Cost of Skipping Employment Checks

Chris Piggott
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Twas the day before Valentines… Back in August 2023 the Home Office announced it would be increasing the penalties applied to employers who employ individuals who do not have the appropriate immigration permission in the UK. No date for...

Maternity discrimination - are you leaving employees in the dark?

Darryll Thomas
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Employees on maternity leave can often find themselves absent from the workplace for a significant period of time with many taking the full one year entitlement. In addition, as such employees continue to accrue annual leave in this time, many will bolt such...

In or Out: Is flexible working becoming litigious?

Chris Piggott
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As the call for return to office working increases in demand, a recent judgment has held that a senior employee could not expect to work from home full time. So, can an employer deny flexible working requests if the role requires some office attendance? The...

New transparency rules to keep companies squeaky clean

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Company directors, people with significant control of a company, or anyone who files on behalf of a company, must ensure they comply with new transparency rules from March 2024.  Greater scrutiny of information lies at the heart of the new legislation,...

How much compensation will I receive for personal injury?

Lucy Allen
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In successful claims for personal injury, the person bringing the claim (the Claimant) is awarded an amount of compensation, also referred to as damages. The aim of compensation in personal injury is to put the Claimant back in the position that they would...

Streamlining Justice: Registering Foreign Judgments in England

Rebecca Rogers
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In an era marked by global interactions, the process of registering foreign judgments in England serves as a pivotal mechanism for cross-border legal enforcement. Governed by the Administration of Justice Act 1920 and, in some instances, the Foreign...

Lasting Powers of Attorney: Do you know who will look after your affairs if you are no longer able to?

Katie Hardwick
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It is a common misconception that your next of kin will be able to manage your affairs should you become unable to. A Lasting Power of Attorney (LPA) is the legal document that you need to make, whilst you have mental capacity, which enables you to...

Changes to Flexible Working Requests

Beverley Smith
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Changes to Flexible Working Requests The Government has been talking about making changes to flexible working for a couple of years now but has finally confirmed that from 6 April 2024, employees will have the right to request flexible working from day one...

2023 Top 5 Employment Law Decisions- Just In Case You've Missed Them

Chris Piggott
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Holiday pay Following the Supreme Court ruling in the case of Harper v Brazil, the calculation of holiday pay for regular and part year workers became more complicated and expensive for employers. The government is overruling the decision and proposes to...

Route to the door is different for directors

Samuel Pedley
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When Suella Braverman was removed from her cabinet post she decided to take a defiant stance, with an open letter criticising PM Rishi Sunak for reneging on promises and calling for a leadership election.  It was a defiant, headline-grabbing move and...

How the cost of living is focusing attention on anti-competitive practices

Phil Hunt
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The Competition and Markets Authority (CMA) is seeking to protect supermarket shoppers by securing agreements from Sainsbury’s and Asda to stop using anti-competitive land agreements.  On 13 June 2023, the CMA published letters that it sent to...

What are the potential dangers of 'overriding interests' affecting my property?

Tom Bell
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Although a registered title at the Land Registry should be a clear record of all rights and other matters affecting land, there continue to be other adverse interests which may affect property. These are known as ‘overriding interests’ and could...

Delay to implementation of Biodiversity Net Gain rules

Tom Bell
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At the end of September, the Government set out its revised timetable for implementing its much-anticipated requirements for ensuring new developments deliver a 10% biodiversity net gain (“BNG”). In particular the Government announced that the...

Boundary problems in property transactions

Lauren Collins
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As part of our series of blogs around issues relating to the agriculture and farming sector, our latest piece is penned by Lauren Collins , a paralegal in our Agriculture and Rural Affairs department. To round off September, Lauren covers the importance...

Extra capacity for "shovel ready" projects due to National Grid's Five Point Plan

Phil Hunt
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National Grid’s five-point plan was launched on 27 February 2023 with the aim of “fundamentally reforming the connections process to make it fit for the future”, including accelerating the connection dates for energy storage projects. ...

Watch out for rights of way!

Jack Cook
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What is a right of way? A right of way is a right for a person to pass over land by foot or vehicle. A right of way could be public so that anyone could use it or private so that it is for the benefit of specific people or land. If you have bought or sold...

New guidance on diverting or extinguishing public rights of way

Hannah Taylor
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DEFRA has issued new guidance which should be taken into account by local authorities when considering applications for the diversion or extinguishment of public rights of way. The new guidance applies when the public right of way passes through the garden...

Challenges of new divorce process

Beth Tutchener-Ellis
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The highs and lows of blame-free digital divorce  Divorce applications rose by 20 per cent in the year following the introduction of no-fault divorce, according to figures from the Ministry for Justice. But while the headline process may be easier,...

Holiday pay calculations to change

Sally Morris
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Managers on the look-out for changes in employment law following Brexit need to prepare for new holiday entitlement and pay calculations. The Retained EU Law (Revocation and Reform) Act 2023 became law in June, setting out how EU-based laws are to be...

What to Know When Buying a New Build Property in the UK

Danielle Fenn
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Buying a new build property in the UK can be an exciting venture, offering modern designs, energy efficiency, and the opportunity to be the first owner. However, purchasing a new build comes with its own set of considerations and unique aspects that buyers...

Child with a different surname - Can I take them abroad?

Kennedy Langley
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When it comes to travelling abroad with a child, parents often have questions about the legal implications, especially if the child has a different surname. In England and Wales, parental rights and responsibilities are primarily governed by the Children Act...

Domestic Abuse - Controlling Coercive Behaviour

Kennedy Langley
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Domestic abuse isn’t always physical. Coercive and controlling behaviours a is a deliberate and calculated pattern of behaviour and psychological abuse designed to isolate, manipulate and terrorise a victim. Recognising Coercive and Controlling...

Delay in Cancer Treatment

David Lydon
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The diagnosis of cancer is one of the moments in life we all dread and hope never to face as the news is not only devastating for the patient but also their families. This can be even more distressing if there has been a delay in diagnosis or treatment as...

Navigating Energy Rates for Commercial Properties

Lucy George
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As the world grapples with the challenges of increasing prices for energy and climate change, the importance of sustainable energy practices has never been more apparent. For commercial property owners and operators in the UK, navigating energy rates can be...

Can I alter my property if it is in a Conservation Area?

Javed Ahmed
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Conservation areas play a vital role in preserving the architectural and historical character of certain areas in the UK. If you are a property owner within a conservation area, you may wonder about the restrictions and regulations governing alterations and...

How harassment hits both ways

Darryll Thomas
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Status does not confer special protection when it comes to bullying or sexual harassment Bullying has been hitting the headlines in recent weeks, demonstrating that no matter how high you fly, wings can be burned.    It’s behaviour that...

Watch out Ed, the robots are coming....

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Ed Sheeran has been defending himself in court against claims that he copied Marvin Gaye’s classic Let’s Get it On for his 2014 hit I’m thinking out loud .  And while the songwriter had a successful outcome, copyright experts say...

Rent-to-rent landlords cannot duck responsibilities

Stephanie Rushfirth
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The ‘rent-to-rent’ business model has seen a huge increase in recent years, reflecting the trend for businesses to take over utilisation of assets, like Uber and Airbnb.  But for landlords, it has given rise to confusion over the extent of...

How to identify your working status

Darryll Thomas
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Employed, Self-Employed and Workers - How to identify your working status As someone who works in the United Kingdom, understanding your employment status is essential, as it determines your legal rights, tax obligations, and benefits. In the...

Can a UK employee work remotely in another country?

Darryll Thomas
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With the rise of remote work opportunities and the desire for more flexible lifestyles, many UK employees are considering the possibility of working remotely from another country, particularly during the summer months. However, before embarking on such an...

What happens when a parent breaches a Court Order?

Anna Robinson
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When a court issues an order, it is legally binding and must be followed by all parties involved. Unfortunately, there are instances where one parent may disregard or breach a court order, causing frustration and potential harm to the child and the other...

Accidents on construction sites

Lauren Goode
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According to the Labour Force Survey 2021/22, there were around 59,000 cases of non-fatal work-related injuries within the construction industry between 2021 and 2022.   Common accidents may involve: Falling from a height Falling objects Lifting...