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December 2014

  • 30

    News From Scotland

    As the Scots Prepare to usher in a New Year, there has been a review of three areas of Law which can affect not just those living in Scotland but people born there and people with assets there.

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  • 19

    Legal Services For Fe Colleges

    Further Education Colleges are facing a changing and challenging environment. Hewitsons’ Charities & Education Group advises Colleges on a wide range of matters.

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  • 19

    2014 Autumn Statement - Changes To Trusts

    Background

    Relevant Property Trusts are also known as Discretionary Trusts or Family Trusts.

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  • 05

    Leaving A Bad Review: Don’t Trip Up

    Before the advent of the internet, hotel guests could comment on their stay in a visitors’ book which had limited readership, and a hotel proprietor could simply tear out the page if a comment was unflattering. Nowadays, hotel guests can leave reviews electronically through a number of mediums, reaching a far wider readership, and creating a permanent footprint (subject to Take Down procedures).

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  • 04

    Autumn Statement 2014

    The Autumn Statement has introduced a number of changes affecting individuals’ tax affairs and Inheritance Tax and key points are summarised below.

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November 2014

October 2014

September 2014

August 2014

July 2014

  • 31

    Tenancy Deposits

    AST deposit protection following expiry of the fixed term The requirements for protecting rent deposits for an assured shorthold tenancy (AST) can easily trip up residential landlords.

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  • 31

    Who Decides On Your Care?

    BBC Radio 4 hosted an interesting discussion on the 31st July concerning health care of the elderly and the question of who does, and who should, make the decisions.

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  • 24

    Environmental Offences Sentencing Guidelines

    A Brief Guide for Companies

    Key features 

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  • 21

    You Can't Sack Me Because I'm Overweight

    Someone is disabled under the Equality Act 2010 if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. Obesity is not of itself a protected characteristic for the purposes of the legislation.

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  • 20

    Charity Finance Group Publishes Its ‘pensions Manifesto’

    The chief executive of the Charity Finance Group has said that charity pension issues need to be addressed before the “pension time bomb explodes and undermines the sector’s ability to raise funds.”

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  • 14

    Hewitsons Supports Digital Artwork Celebration

    Hewitsons is delighted to support a joint community initiative between the City Council and Bidwells.

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  • 08

    Hewitsons Act For Proquest In The Acquisition Of Pi2 Solutions

    Hewitsons corporate team has recently acted for the Michingan-headquarted firm ProQuest in the acquisition of Hertfordshire based company Pi2 Solutions Ltd and its US subsidiary Pi2 Solutions LLC - an industry leader in product literature databases, workflow tools and related outsourcing services for global pharmaceutical companies.

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  • 06

    Dying Matters Coalition Call For More Wills To Be Made

    A recent survey by D M C reports that only 36% of those surveyed have made a Will, although 80% believed all adults should have one – to avoid future disputes. They are right, it is a practical step that we all need to take to help those we will leave behind. If you haven’t “got round” to making ( or updating) your Will, please contact the following:

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  • 06

    Safeguarding Pupils And The School

    On 3 April 2014, the Department for Education published new statutory guidance for schools - including those in the independent sector - on safeguarding, entitled Keeping Children Safe in Education. It replaces Safeguarding Children and Safer Recruitment in Education (December 2006). Schools will have to check that their practices and policies comply with the new guidance.

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  • 01

    Intellectual Property Act 2014

    Overview

    The Intellectual Property Act 2014 ("the Act"), which received Royal Assent on 14th May 2014, is intended to introduce improvements in design and patent protection in the UK and to protect patents and design rights which between them are estimated to be worth £31 billion per annum to the UK economy. In addition, the Act also provides for ratification by the UK of a European wide United Patent Court ("UPC").

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June 2014

  • 29

    Small Business, Enterprise And Employment Bill Published

    On 25 June 2014, the Small Business, Enterprise and Employment Bill was published. The government has stated that the purpose of the bill is to “remove the barriers” that small businesses face in the current economic climate, in an attempt to build a stronger economy going forward and help small businesses to grow and compete.

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  • 22

    Power Of Attorney - Avoid Current Long Court Delays

    A Lasting Power of Attorney (“ LPA”) is a document whereby you can choose now someone to help you in the future to deal with finances or medical care.

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  • 22

    Public Engagement

    Background

    A community arts charity has found itself facing intense scrutiny from the local community over its decision to sell the charity’s main asset, a Grade II listed building which the charity has used as a theatre and arts centre for almost three decades.

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  • 21

    Response To The Consultation In Respect Of Zero Hours Contracts Published

    Zero hours contracts have received a great deal of media attention over the past few months.

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  • 19

    Hewitsons Meet With Influential Boe Agent

    Growth in the region’s economy was the subject of a visit to Hewitsons by the Bank of England’s Agent for the East Midlands this week.

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  • 19

    Pensions: Charities Reminded To Explain Pensions Shortfalls

    A Charity Commission (“Commission”) review has found that some charities are not doing enough to show the public how they are dealing with pension scheme shortfalls.

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  • 15

    Reasonable Adjustments By Association

    It is well-established that employees are protected from discrimination by association (i.e. discrimination against a person on grounds of their association with a disabled person). Employers will also be familiar with the requirement to consider reasonable adjustments to help disabled employees and job applicants where a ‘provision, criterion or practice’ of the employer puts them at a substantial disadvantage compared to others.

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  • 11

    Reforming Construction Safety

    Construction can be risky and dangerous. It’s useful for any property owner considering undertaking construction work to have a grasp of the basics of relevant safety laws. The Construction (Design and Management) Regulations 2007 (CDM Regulations) impose obligations in relation to the carrying out of construction projects and are aimed at ensuring adequate health and safety conditions are operated before, during and after construction on site. The key points of the Regulations are set out below, along with the Health and Safety Executive’s (HSE) proposals for reform.

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  • 09

    The New Consumer Contracts Regulations 2013 – Their Impact

    This short article highlights the key changes introduced by the UK’s Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

     

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  • 09

    Hewitsons Cambridge Real Estate Pitch And Putt Evening

    The Cambridge Real Estate team has recently hosted its annual junior surveyors pitch and putt evening.

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  • 04

May 2014

  • 20

    Hewitsons Hotshots Hit The Top Spot At Mk Snap Quiz!

    Hewitsons took part recently in a quiz night held by Milton Keynes based charity, MK Snap … and won!

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  • 18

    Another 'cup Trust' Bites The Dust

    Like many, we breathed a sigh of relief when a recent Tribunal decision rejected a tax avoidance scheme involving a charity. Both the arrogance of the scheme’s creators and participants as well as the sums involved are extraordinary.

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  • 12

    Chariots Of Fire 2014 Is Launched

    Chariots of Fire 2014 officially launches today, providing a perfect opportunity for local organisations, the college community and supporters to join together and raise money by running through the city’s streets and colleges on Sunday 21 September – all in the name of a local charity.

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  • 11

    Employees Moved To A Parent Company Via Tupe After A Share Deal

    The Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended by the 2014 Regulations) (“TUPE”) apply where there is a relevant transfer of a business. A relevant transfer occurs where there is a transfer of an undertaking (or part of an undertaking) to another person and that undertaking retains its identity.

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  • 06

    Step Change In Will Preparation

    Having a Will prepared is one of the most important steps a person can take towards ensuring their family’s security into the future.

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  • 01

    Lasting Powers Of Attorney – How Are You Feeling Today?

    Whilst almost a million people have chosen to make Lasting Powers of Attorney (LPAs) since these were introduced in 2007, there is a real concern about the vast majority of those LPAs only relating to property and financial affairs and not to health and welfare issues.

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April 2014

  • 23

    Who Knew? Purchasing Assets Of Community Value

    For some time now, community groups have been able to purchase ‘Assets of Community Value’ when these come onto the market. The intention behind this is that communities should have an opportunity to acquire such assets for community use rather than see them sold into the private sector.

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  • 23

    Litigation As A Reason Not To Renew Lease?

    A recent decision of the Court of Appeal has provided useful clarification on the circumstances in which a landlord can refuse to grant a new tenancy to a tenant under ground (c) of the Landlord and Tenant Act 1954.

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  • 14

    Budget 2014 - Pensions Flexibility

    A number of changes to pensions were announced in the Budget. Some of the Budget changes in relation to pensions will take effect on and from 27 March 2014 and others may, subject to consultation, take effect in April 2015.Details of the changes are summarised below.

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  • 13

    Weight To Be Given To Heritage Assets In Considering Planning Applications

    In a recent case, Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council and others, the Court of Appeal decided that a planning inspector’s approval of a wind turbine development should be overturned.

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March 2014

  • 25

    New Regime For Collecting Commercial Rent Arrears

    The introduction of a new procedure to replace the ancient common law process of “distress for rent” – Commercial Rent Arrears Recovery (“CRAR”) - is almost upon us. Part 3 of the Tribunals, Courts and Enforcement Act 2007, languishing on the statute books for some time, will be brought into force on 6 April 2014. Distress for rent will be abolished and landlords wishing to recover rent arrears for commercial premises will have the option of using CRAR.

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  • 21

    Budget 2014 - Iht - The Good, The Bad, And The Ugly

    Amongst various other tax measures, in this year’s Budget the Chancellor also announced a small number of tax measures in relation to Inheritance Tax.

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  • 19

    Financial Penalties In The Employment Tribunal – Employers Beware

    Introduced by the Enterprise and Regulatory Reform Act, this latest significant change to the Employment Tribunal system, which allows Employment Tribunals to impose financial penalties on losing employers in certain circumstances, will take effect from 6 April 2014.

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  • 17

    Post-termination Victimisation Is Unlawful Under The Equality Act 2010

    Under the Equality Act 2010 individuals are protected from victimisation and as a result an individual who undertakes a “protected act” is protected from being treated to a detriment by their employer as a result of that act.

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  • 12

    Hewitsons Grow As Town Scores High.

    Northampton has been recognised as the best performing UK town by global information services company, Experian in its 2013 annual research.

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  • 11

    Covert Recordings

    We are often asked whether an employee can record their disciplinary or grievance hearing.

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  • 06

    Refusal To Mediate

    In recent years there has been an increasing emphasis on the use of alternative dispute resolution ("ADR") methods, particularly mediation, in regard to the settlement of disputes.

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February 2014

  • 26

    Employment Law Implications Of Awo Abolition

    Traditionally the wages and other employment benefits of agricultural workers were set by the Agricultural Wages Board (AWB) and incorporated into an annual Agricultural Wages Order (AWO).

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  • 21

    Where There’s A Will There’s A Way…

    In January of this year, the Supreme Court made a landmark ruling in the case of Marley –v- Rawlings & Another [2014] UKSC 2, unanimously declaring that a mirror will signed by the wrong spouse can be rectified and admitted to Probate.

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January 2014

  • 26

    Hewitsons Wins Will Dispute Case In The High Court

    Hewitsons’ Contentious Trusts and Probate Team acted for the successful Claimants in the contested will case of Dharamshi & Others –v- Velji & Others [2013]EWHC 3917 (Ch), and judgment was handed down in December 2013.

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  • 16

    Reform Of Tupe

    On 13 January 2014 the final version of the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 was published.

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  • 02

    Are Charities Vulnerable To Litigation From Applicants?

    The recent case of Rosenzweig v NMC Recordings Ltd (4 December 2013) shows it is quite easy for an applicant to clear the initial hurdle to litigation by showing the Court he or she is an ‘interested person’.

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