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No Fault Divorce – Finally, an end to the blame game is in sight

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The Ministry of Justice confirmed that the Divorce, Dissolution and Separation Bill entered Parliament on 7 January 2020. The Bill seeks to introduce a 'no fault divorce' in England and Wales, whereby couples can get divorced without blaming the other party. Our Family Law Team look at this new law and what it means for separating couples.This...
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Employment Tribunal rules ethical veganism is philosophical belief

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An Employment Tribunal has ruled that ethical veganism constitutes a belief worthy of protection under the Equality Act 2010. A former employee claimed that he was unfairly dismissed was on the basis of discrimination and the court has agreed that ethical veganism can be considered under the protected characterist...
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Shaviram Normandy Ltd successfully contests Council's restrictive covenant

Shaviram Normandy Ltd successfully contests Council's restrictive covenant
Shaviram Normandy Ltd recently made a successful application to modify a restrictive covenant on a building in Basingstoke, despite opposition from the freeholder, lending hope for property developers in similar situations.Normandy House in Basingstoke, formerly used by IBM, had been unoccupied since 2014 and had fallen into significant disrepair. ...
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New Litigation Partner at Pinney Talfourd LLP

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We are delighted to announce the appointment of a new Partner at Pinney Talfourd LLP.  Nick Hatchett is a renowned commercial litigation specialist and was appointed a Partner on 1st November 2019.Nick joined the firm in 2018 and leads the commercial litigation team within the Commercial Department,...
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Arcadia propose CVA to their landlord Intu

Arcadia
Despite describing themselves as a global fashion force, Arcadia, owned by Sir Philip Green, has approached its creditors, including Intu Properties plc, with company voluntary arrangements in a bid to stave off collapse. But what exactly is a CVA and what impact does it have on landlords and tenants? Arcadia owns fashion retailers Topsho...
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Where there’s a Will...

Where there's a Will...
We all know of the importance of making a Will but, as Aretha Franklin's family have realised, we do not always consider the importance of advising those closest to you that you have made a Will and ensuring that they are aware of where the original is stored.This is brought home by the case of the late singer Aretha Franklin. The singer ...
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The costs of commercial leases: is it up for negotiation?

The costs of commercial leases: is it up for negotiation?
The Tenant Fees Bill has shaken up the residential property market but the position is different in the world of commercial property. So, who should pay the costs incurred in granting a lease? Residential tenants were liable for many fees until very recently and the answer used to also be the commercial tenant but customs have already changed ...
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Time to take care of business - April Employment Law Update

Time to take care of business - April Employment Law Update
April is a busy month for businesses and employment lawyers alike. A number of employment law changes have come into effect in April that HR Directors and employers need be aware of. Employment Solicitor Alexander Pearce provides a summary of these updates:  Employment Tribunal Compensation Limit Change The limit on the amount of compensa...
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S Franses Ltd v The Cavendish Hotel Ltd

S Franses Ltd v The Cavendish Hotel Ltd
The Supreme Court has ruled that a hotelier landlord could not oppose a Section 26 Notice requesting a new tenancy on the grounds of 'intended' works. The case of S Franses Ltd v The Cavendish Hotel (London) Ltd highlights the protection afforded to tenants by the Landlord and Tenant Act 1954.S Franses Ltd is a textile dealership and consultancy an...
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Leasehold System Needs Reform, says House of Commons Committee

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The Housing, Communities and Local Government Committee has made suggestions to the government about how best to change the much maligned leasehold system to combat a rising wave of anger at expensive and unnecessary service costs, onerous ground rents and 'toxic leases'.The Committee met with 50 leasehold owners to discuss various concerns th...
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Potential increases in protection at work for pregnant employees

Potential increases in protection at work for pregnant employees
The key rights afforded to employees on maternity leave under the Maternity and Parental Leave ("MPL") Regulations 1999 include protection from dismissal, detriment or discrimination during both pregnancy and maternity leave. Employees who take time away from work to have children have the right to return to the same job following maternity leave a...
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Case at Upper Tribunal Changes Restrictive Covenants

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There has been a significant development in the law relating to the modification of Covenants in the case of Derreb Limited -v- Blackheath Cator Estate Residents Limited and Others. Under Section 84 of the Law of Property Act 1925, an Order can be made discharging or modifying restrictions imposed on a property by way of Restrictive Covenant.I...
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Supreme Court Rules on Property Agent Commission Dispute

Supreme Court Rules on Property Agent Commission Dispute
The Supreme Court recently ruled on an Appeal where a property vendor refused to pay an estate agent the commission owed. The case highlights the importance of a clear agreement in accordance with the Estate Agents Act 1979 and the legal recourse available.The case dealt with two main issues:i. the status of an agreement between an estate agent and...
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The Accidental Landlord

The Accidental Landlord
Stephen Eccles, our Litigation Partner, considers how a property owner can be caught by legislation relating to commercial property. ​ We have recently encountered a number of cases where a landlord has allowed a tenant into possession of commercial property in exchange for rent and has then been alleged to have created a 1954 Act Business Tenancy ...
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Inheritance and the Forfeiture Rule

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A terminally ill man recently visited Dignitas to die, accompanied by his wife. However, the Forfeiture Act 1982 lays down a simple rule that an individual cannot benefit from someone's death if they unlawfully aided, abetted or procured the death. We look how this recent High Court case challenged the Act. Mr Ninian had progres...
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Commonhold Ownership - Proposed Changes by the Law Commission

Commonhold Ownership - Proposed Changes
The Law Commission has been holding consultations with professionals on the proposed changes to the commonhold conversion process and the commonhold structure. We look at the key proposed changes and what it will mean going forward.For a breakdown of what commonhold ownership is please read our previous article on commonhold ownership.Wha...
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David and Goliath; the unmarried couple and the 50/50 split

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The High Court has ruled that a £1 million family home should be divided 50/50 between an unmarried, separated couple despite one party providing the majority of the purchase funds.​Claire Chipperfield and Andrew Horn were an unmarried couple who purchased a house together in Hants after living together in London for a...
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A Property Market Update that tries really hard to avoid using the ‘B-word’

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As developments in Westminster dominate the news, stories about the property market can be lost in the noise or often allude to one of the various paths the country takes as we approach a decision on leaving the European Union. The different stories can muddy the water and confuse buyers and sellers who really just want to know if they should ...
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ALEP Lecture - Housing Market Update March 2019

ALEP Lecture - Housing Market Update March 2019
Our Property Litigation team recently attended a Property Seminar hosted by ALEP which provided a valuable insight into the opportunities and threats within the current UK housing market. One of the key note speakers was the director of Savills Residential Research, Christopher Buckle. ​ Stephen Eccles and Oliver-James Topping were invited to this ...
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Airbnb Lettings - The Story Continues

Airbnb Lettings - The Story Continues
Airbnb hit the headlines back in 2017 when a tenant was taken to Court after advertising her property for short term let in breach of her lease. Further cases since this time have confirmed this as a major issue for consideration when letting out properties as temporary accommodation.The first reported case that went to Court dealing with Airb...
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