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Christmas contact during a pandemic

Christmas contact during a pandemic
As Christmas approaches separated or divorced parents often find the subject of contact with their children over Christmas challenging to resolve. In a pandemic, the question of balancing the welfare of the children and the restrictions imposed by government becomes even more difficult and confusing. Current government guidance on spending time wit...
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Guaranteed to be needed

Guaranteed to be needed
If you have ever looked at raising finance for your own company your lender may have mentioned that they require you to provide a "personal guarantee". This is an important part of the lender's overall security package and its wide-ranging implications should not be overlooked. This is increasingly the case for small owner managed companies where t...
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Undue Influence and Challenging a Will

Undue Influence and Challenging a Will
There are various ways in which a Will may be challenged on the grounds of the validity. This may include the deceased lacking testamentary capacity at the time of providing instructions for the Will and at execution. The Court must be satisfied before probate is given that the testator (person making the will) knew and approved the contents of the...
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Updates to the Furlough scheme

Updates to the Furlough scheme
Following the Chancellor's announcement earlier this month regarding the extension to the Furlough scheme, HM Treasury has now published The Coronavirus Act 2020 Functions of her Majesty's Revenue and Customs (Coronavirus Job Retention Scheme) Direction. In short, the fourth Treasury Direction: Formally extends the Coronavirus Job Retention Scheme ...
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Pinney Talfourd Webinar Series

Pinney Talfourd Webinar Series
We have launched our new weekly webinar series focused on private client law. Members of the team will give 30-minute presentations and be available for a virtual Q&A session afterwards. The webinar seriesInheritance Tax webinar – this will consider Inheritance Tax and explain what Inheritance Tax is, when it is applicable, and review some esta...
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Anica Holderness promoted to Senior Associate

Anica Holderness promoted to Senior Associate
We are delighted to announce that Anica Holderness has been promoted to the position of Senior Associate within our Residential Property department. Anica qualified as a solicitor in 2006 and has worked at Pinney Talfourd for over seven years. She specialises in investment purchases, lease extensions, new build sales & purchases, remortgages, s...
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Companies House launches new learning tool for flat management company directors

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Directors of a right to manage ("RTM") company often lack company law knowledge. This issue can be overcome by instructing a professional advisor, but these leaves you wholly reliant on their advice. Furthermore, without a basic understanding, you may not be able to gauge who really is a professional advisor. This is a well-known issue and one whic...
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Bailiffs in Lockdown

Bailiffs in Lockdown
The Government has confirmed the details of the "Winter Truce" outlined in our article from September. The Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP has now written to several associations representing certificated bailiffs and High Court enforcement officers. Winter TruceIn the letter he requested that they not to c...
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Body and Burial Disputes

Body and Burial Disputes
Stress and upset following a death in the family can occasionally lead to disputes on choices of burial, cremation and frequently location. A deceased's Will may indicate a preference for burial or cremation, but where a deceased dies intestate (without a will), there is a list of individuals in apriority order who can take control of the deceased ...
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Easing financial hardship when a loved one dies

Easing financial hardship when a loved one dies
The process of sorting out a person's affairs when they die can be difficult and upsetting for the surviving family members involved. The situation can be exacerbated when issues arise that cause delay and in turn, financial hardship. This year has been no exception. Grant of Probate Despite the rise in deaths this year, the Law Society reported th...
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Coronavirus and Commercial Leases

Coronavirus and Commercial Leases
As the UK continues to struggle with the effects of coronavirus and as England heads back into a second national lockdown on the 5th November 2020 many landlords and tenants are worried about the impact the pandemic is having on their property arrangements. Rental PaymentsDue to the mandatory closure of various business, in line with Government gui...
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Law Commission Report: Exercising the Right to Manage

Law Commission Report: Exercising the Right to Manage
Last year the Law Commission began its consultation on proposed changes to the right to manage (the "RTM"). The final report has now been published which can be found here; we examine the key recommendations below. Premises in which the RTM is availableKey recommendations:RTM should be exercisable in respect of leasehold houses as well as flats.Pre...
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Resolution’s Good Divorce Week 2020

Resolution’s Good Divorce Week 2020
Resolution's annual initiative 'Good Divorce Week' runs from Friday 30 November to Wednesday 4 December and, this year, their Code of Practice is at the heart of the campaign. Who is Resolution? Resolution is an organisation of lawyers and other family justice professionals who are committed to following a non-confrontational and constructive ...
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Victims of serious injuries to receive fair compensation for accommodation costs after law change

Victims of serious injuries to receive fair compensation for accommodation costs after law change
The law has changed to ensure victims of serious injuries can receive fair compensation for extra accommodation costs. The landmark Swift v Carpenter decision, made by the Court of Appeal on 9 October 2020, means that claimants in cases of personal injury and cases of medical negligence will receive fair and reasonable compensation for special acco...
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Commercial Premises - Apparent Abandonment due to COVID

Commercial Premises - Apparent Abandonment due to COVID
Landlords of commercial premises are experiencing unique situations which have never arisen before as a result of the COVID crisis and the requirement of hospitality venues to restrict their trading. This article seeks to address some of the situations and to explore options that might be available in a landlord in such situation. Abandoned busines...
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How can a landlord obtain payment of rent arrears on commercial lease in the COVID era?

How can a landlord obtain payment of rent arrears on commercial lease in the COVID era?
The Government introduced the Coronavirus Act 2020 at the end of March of this year. Broadly speaking, the effect of section 82 of this Act on landlords was to remove the landlord's sanction for taking any action against tenants for unpaid rent. Consequently, rent arrears have accrued. Market research has estimated that on the June quarter day only...
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Divorce during a pandemic

Divorce during a pandemic
Deciding to get a divorce will most likely be one of the biggest decisions in a person's lifetime. If you have already made the difficult decision to divorce, our advice is not to hold off because of the pandemic. Firstly, unfortunately, no-one knows when we will see an end to Covid-19. Secondly, there are some considerable court backlogs in court ...
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Residential Possession Proceedings – Similar but not the Same

Residential Possession Proceedings – Similar but not the Same
There has been a steady stream of changes to the possession process since 27th March 2020 when the first legislation was introduced to help the Courts combat the effects of the Coronavirus. Overall, the current situation is that notices can be served, hearings are being conducted, and bailiff appointments are occurring. However, the process is diff...
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Non payment of rent protections extended

Non payment of rent protections extended
On 29 September 2020, the Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No 2) Regulations 2020 (SI 2020/994) (Regulations) came into force. The regulations extend the protections from forfeiture for non-payment of rent for business tenancies in England to 31 December 2020. Section 82 of the Coronavirus Ac...
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Chancellor announces new Jobs Support Scheme

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Following the Governments' tightening of restrictions following an increase in the number of COVID-19 infections, the Chancellor, Rishi Sunak has unveiled new measures which will replace the furlough scheme when it comes to an end on 31 October 2020. The furlough scheme was rolled out prevent a major rise in unemployment when the UK went into lockd...
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