Stay Informed
June 2019
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17
Grounds To Contest A Will: Undue Influence Explained
Undue influence is one the grounds available to contest a Will. Due to the fact that undue influence often takes place behind closed doors, it can be very difficult to prove. -
05
The Digital Domain: How To Manage Your Online Life In The Event Of Incapacity Or Death
The issue of how to deal with digital assets has been raising its head with increasing frequency in recent years. There are many articles out there, many of which provide conflicting or confusing advice. So what should you do about your online accounts and records?
May 2019
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29
Caster Semenya Ruling - A New Age For Gender Categorisation In Sports?
Last month, the Court of Arbitration for Sport (“CAS”) ruled against Caster Semenya in her long-standing dispute with the International Association of Athletics Federation (“IAAF”). The decision means Semenya has no choice but to lower her testosterone level in order to compete in international mid-distance events. -
21
Issues That Arise When Dealing With Leasehold Property
Many people are aware that properties in England and Wales will fall into one of two categories – they will either be freehold or leasehold. -
16
Dangers Of A Wrongly Executed Lasting Power Of Attorney
Lasting Powers of Attorney (LPAs) give legal authority to attorneys to act on your behalf in a situation where you are unable (or unwilling) to deal with matters yourself. There are two different types – one deals with finance and the other deals with health and care. -
09
Lawexchange International Marks 25 Years
LawExchange International (LEI), a global network of independent law firms founded by Hewitsons, marked its 25th anniversary at a conference in Prague. -
03
Brexit And Construction
The news that the contractors building Crossrail have claimed £900m in additional costs having issued more than 21,000 compensation claims highlights the importance of following the procedure under construction contracts when delays and cost overruns occur, or when they are threatening to arise.
April 2019
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30
Natural England Withdraws Licences Permitting Landowners And Farmers To Kill Wild Birds
Natural England announced on 23 April 2019 that they were withdrawing three of the general licences permitting farmers and landowners to control wild birds from midnight on 25 April. -
29
Brexit – Achieving Free Trade With Europe In A ‘no Deal’ Scenario
What do the international trade rules offer the UK as a route to ‘free trade’ with Europe outside the Union, if the withdrawal terms cannot be agreed? -
25
Comply With Your Obligations At The Beginning Of The Tenancy Or Lose The Ability To Serve A Section 21 Notice!
Failure to supply a tenant with a copy of the current Gas Safety Certificate at the beginning of a Tenancy may prevent a Landlord from serving a Section 21 Notice. -
23
Charities And Trading Companies: The Essentials
Contrary to some views, charities may conduct trading but only on certain terms. Otherwise, a trading company should be used. -
12
Will Formalities Explained
Of the various grounds to contest the validity of a Will, the one that is perhaps the most straightforward to establish evidentially, is whether or not the Will itself has been validly executed.
March 2019
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29
Brexit – A Significant Vote, But Not So Meaningful
We are told that today, a motion is to be moved for the House of Commons to approve the negotiated Withdrawal Agreement between the UK and the EU. This will be for the third time of asking that the Agreement has been brought before the House of Commons. -
20
New Property Rules For International Couples
One of the problems most frequently encountered when dealing with international couples is identifying the laws which apply to their property in the event of divorce or death. -
18
Fairness And Consistency In Disciplinary Proceedings Brought By Sports Governing Bodies
The Football Association v José Mourinho (case no. FT/TA/18/0404) -
11
What To Look Out For In Event Sponsorship Agreements
Large sporting events need funding and an efficient and commercial way to secure this is through sponsors. -
06
Hewitsons Launches Innovative Dispute Resolution And Litigation Group ‘the College’
In a move that emphasises its credentials as a leading specialist litigation practice, Hewitsons has established ‘The Hewitsons College of Dispute Resolution and Litigation Lawyers’.
February 2019
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27
Was The Seller Ready, Able And Willing?
In Oakley v Harper McKay Developments the High Court held that a Seller of an office block, to be converted into flats, was entitled to rescind the contract for the sale after the Buyer failed to respond to a notice to complete.
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27
Challenges For Independent Schools Seeking To Leave The Teachers’ Pension Scheme
Employer contributions in the Teachers’ Pension Scheme (“TPS”) will be rising by over 7% from September, which will have a significant effect on overall pension costs. We consider why this is happening and what approaches independent schools could take if they are considering ending access to the TPS. -
26
Solicitors For The Elderly (sfe) Member Urges People To Check Eligibility For Lpa Refund
Hewitsons' Senior Solicitor Rachel Hawkins is urging people to check their eligibility for a lasting power of attorney (LPA) fee refund, after almost two million people were overcharged by the Office of the Public Guardian (OPG) between 2013 and 2017. Claimants can expect to receive a refund of up to £54, with any accrued interested since the registration was made. -
22
A Good Rise: Hewitsons Advises The Good Loaf On Town Centre Business Purchase
A client of Hewitsons’ Charities and Social Enterprise Team, The Good Loaf, is taking ownership of the All Saints Bistro from Mayor of Northampton, Tony Ansell. -
19
Artificial Intelligence (ai) – How Law Firms Are Adapting For The Future
It has taken me several hours to research and write this article. It’s not beyond the realms of possibility that the use of artificial intelligence techniques could have helped me to do it in far less time. All I would need to have done is to have given a theme, provided some parameters and……hey presto, an article that would have been maybe 90 or 95 per cent complete. But is this close to becoming a reality, or am I dreaming? -
15
Brexit – The Clock Is Counting Down Towards A New Framework Of Law
By virtue of The European Union (Withdrawal) Act 2018, from 29 March 2019 the UK will enter a new legal world; a world in which English law will be a mix of the before and the after – those parts of European Law that are retained and a newly created body of law to fill many of the gaps that are left. With just days to go and without a transition period agreed, the rush is now on to establish the framework for that new body of law in a ‘no-deal’ context. -
15
Hewitsons Advises On The Sale Of Significant Medical Diagnostic Business
Hewitsons recently acted for the owners of United Open MRI Limited (“United Open”) on the sale of the shares in the company to InHealth Limited, the UK’s largest specialist provider of diagnostic solutions to the NHS and independent sector. -
11
The Dangers Of Using An Unregulated Will Writer
A recent study undertaken by IRN Research revealed that 19% of people who made a Will in 2018 used Will Writers, rather than a solicitor. However, the report also reveals that the majority of those people were not aware that Will Writers are unregulated. -
05
First Step Towards Diploma For Hewitsons Solicitors
Two more solicitors from Hewitsons’ Private Wealth team are on their way to receiving a globally recognised diploma that will position them as leading experts in their field. -
01
What Does ‘contesting A Will’ Mean?
Disputes over the terms of a Deceased individuals Will, occur more frequently than you might think. Hewitsons Will & Estate Disputes Team specialise in disputes of this nature. We are regularly contacted and instructed to advise individuals on what is required to contest a Will, where somebody is dissatisfied with the terms of the Deceased’s Will.
January 2019
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30
Self-employed? Some Thoughts Following The Jess Varnish Case Against British Cycling And Uk Sport
Elephants are hard to define, but (in a phrase often cited by lawyers) you know one when you see one. So it is with employment status, which is, ultimately, determined by an Employment Judge’s reading of the tea leaves. -
29
Brexit - Some Eu Decisions Are Easier Than Others
As we approach the expiry of the two year notice period for the UK’s withdrawal from the European Union, we are learning a lot about decision making under the UK constitution with the present ‘tug of war’ between the Executive and the Legislature; but what of EU decision making on Brexit? -
25
The Growth Corridor – Vision And Realities
The “Oxford Cambridge Growth Corridor” is now becoming highly topical amongst the professional, political and business communities within its region. -
22
Death Of The Withdrawal Agreement
With the Withdrawal Agreement lying in tatters, May’s options have narrowed down further. Does she contemplate a no-deal Brexit or does she break her oft-repeated promise and call a second referendum? -
16
Brexit – ‘frustration’ Under The Microscope
Whilst the populace of the UK can be heard loudly voicing its frustration at the drama playing out in Westminster, ‘Frustration’ of a very different sort – of a legal character - is being examined in the calm and order of a London court room of the High Court.
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16
Landmark Decision Makes It Harder For Landlords To Use Reconstruction As A Way To Kick Out Protected Tenants
The Landlord and Tenant Act 1954 provides business tenants with protection in that it permits them to stay in the premises they occupy following the contractual expiry date of their tenancy and/or request a new tenancy on the expiry of the current tenancy.
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11
New Year – New Will?
For many people this time of year is an opportunity both to reflect on the year just gone and make plans for the one ahead. Life is busy for all of us and making sure personal affairs are in order can slip down the list of priorities.
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11
Landlords, Lettings And Minimum Energy Efficiency Standards
If you own a residential property that is let to tenants on an Assured Shorthold Tenancy (AST) you should already be aware of the requirement to provide a copy of the Energy Performance Certificate (EPC) to your tenants.
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10
The Dangers Of Diy And Last Minute Lasting Powers Of Attorney
A son stole £700,000 from his frail mother using a Power of Attorney. Sadly, early legal precautions which could have been taken were not used and it is a warning to make a Power of Attorney, through a solicitor, while we are mentally strong enough to resist influence and recognize risks, rather than “wait until it is needed”.
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06
How To Contest A Will
Contesting a Will can be a complicated legal challenge to bring successfully. It is strongly recommended that specialist legal advice is obtained from the outset.
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03
Brexit – Choosing A Court And Enforcing A Judgment In A Post-brexit World
Whilst the current arrangements for cooperation on civil juridical matters will continue during the transition (implementation) period if the Government’s deal is agreed, the jurisdictional landscape of a post-Brexit world in a ‘no deal’ scenario remains opaque.
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02
The Costs Of Contesting A Will
It is difficult to estimate in advance the likely overall legal costs of contesting a Will because it is still not always possible, to predict the work that will be involved.