This year’s Spring statement saw Chancellor Jeremy Hunt in confident mood with jokes aplenty and a promise of bounty in his bucket to fill the holes in the economy. The Chancellor set the scene for his hour-long delivery by opening with the news...
mfg Blog
If you are a landlord, you are probably already aware that in order to grant a lease to a tenant the property must have an “Energy Performance Certificate” (‘EPC’) showing that the building has an energy efficiency rating of at least...
Seasonal agricultural work - What you need to know before hiring seasonal workers Seasonal agricultural work is an important part of the UK's farming industry. It provides an opportunity for farmers to hire workers for a short period of time, like...
Endometriosis Month - How should employers be supporting workers with endometriosis? Endometriosis is a chronic and debilitating condition that affects approximately 1 in 10 women in the UK. March is Endometriosis Action Month, which aims to raise...
Conveyancing can be a long and stressful process, but the work of conveyancers helps to reduce this significantly by taking on many of the more complex tasks. Selling a house can be daunting, and many legal considerations need to be taken into account to...
Buying a house is one of the most significant investments that most people make in their lifetime. Whether you are a first-time buyer or an experienced property investor, the process of buying a house can be daunting and complex. In addition to finding the...
A crack-down by British Airways on social media posting by staff has highlighted the challenge for employers in keeping policies up to date in a fast-moving digital environment. The new guidance from the airline bans staff from posting when they...
Being injured in an accident can cause stress and worry, it only gets more daunting if the accident has taken place at work. It can be overwhelming on what to do next as you struggle physically and possibly financially due to your sustained injuries....
If you or a loved one have experienced medical negligence, you may feel confused, overwhelmed, and unsure of what to do next. You might not understand exactly what medical negligence is or how to begin making a claim. This article will provide a brief...
The key piece of legislation around director duties is the Companies Act 2006. The Act, which covers a host of legislative areas, imposes the burden of various general duties on directors of UK limited companies. Here in our latest website blog, I want to...
The process of taking a commercial lease can be overwhelming, especially for first time tenants. Some may be at a loss as to what they should be looking out for, both when the general content of the lease is being discussed with the agent and when the...
Do I need to instruct a Solicitor to administer the wishes of the deceased? Not necessarily. However it always pays to take professional advice to ensure you are correctly dealing with the terms of the will and more importantly you are taking advantage of...
When it comes to Inheritance planning there are a number of approaches you can take, but you first need to establish a starting point which is what is your net worth and the type of assets that comprise your asset base. Another important factor is who...
A Power of Attorney or Lasting Power of Attorney as they are known, is incredibly important and can only be entered into whilst you still have the metal capacity to do so. Should you lose your capacity through illness or an accident, it will be too...
If you die without leaving a valid will, your estate (being your property, money and personal possessions) will be divided up in accordance with the intestacy rules. Dying without a Will is known as dying “intestate” which means without...
Those of us with an interest in tax, or a concern for the impact of tax on our estate, will remember a report published by the OTS a few years ago on suggested changes to Inheritance Tax (IHT). I will not repeat the terms of that report here, but suffice to...
It can be difficult to stay up to date on the current tax situation given the number of statements and “mini-budgets” that have occurred recently, all of which have changed rates and allowances. Let us hope that things settle down into something...
Changes to the laws on Marriage and Civil Partnerships are due to be implemented in England and Wales on Monday 27 February 2023. After receiving Royal Assent in April 2022, the Marriage and Civil Partnership (Minimum Age) Act 2022 ensures that 16- to...
If you own an underused brownfield site which you do not know what to do with, why not consider turning your property into an energy generation and storage facility? The energy crisis is all over the news, and the recent mini-budget and resulting turmoil...
Clare Lang heads up mfg’s Corporate Division which deals with M&A and other corporate matters; and is also part of the firm’s Restructuring and Insolvency Team, which has been set up across the firm’s teams. In this note, Clare ...
Parental Responsibility and Unborn Children In the UK, an unborn foetus does not have any rights and an unborn baby is not recognised as a ‘legal person’ until birth. This makes attaching parental rights to unborn children difficult. Due to the...
The issue of Public Rights of Way (PROW) has, and always will be, a hugely complex area. Highlighted on what is known as the Definitive Map and Statement (DMS), which was produced by local authorities following the National Parks and Access to the...
There are several “reviewable transactions” which following a company’s insolvency, the insolvency practitioner can investigate and look to set aside which include but are not limited to the following:- Preference payments; Transactions...
Explained - Court of Protection and Deputyship Here in the latest of our Q&A series, Cheryl Styles , a Legal Casework Manager within our Private Client Department, takes time to help explain the role of the Court of Protection, the concept of...
The UK Wills, Probate and Trusts Market Report 2022, produced by IRN Research highlighted a rise in the number of contentious probate, wills, and trusts. The report confirmed that there are now 646 law firms in England and Wales offering advice on...
It’s two years since the world was shaken and we saw the start of the COVID pandemic which gripped all parts of our daily life. Now well and truly into 2022, we are seeing infection rates falling following a sustained and successful vaccination...
Current restrictions on insolvency procedures are due to come to an end on 31 March 2022. Prior to the introduction of the Corporate Insolvency and Governance Act 2020 you could present a winding up petition against a company for an undisputed debt of over...
Proposals for third party access to limited funds belonging to individuals who lack mental capacity: The Ministry of Justice has launched a consultation, proposing to allow third party access to funds belonging to individuals who lack mental capacity,...
There is a saying that you shouldn’t loan money to your friends, and there are times when this could be extended to loaning money to your family. What happens to that loan after you pass away? If significant amounts of money are being loaned,...
According to the High Court in the recent case of Bowen and others v Isle of Wight Council (Rev1) [2021] EWHC 3254, yes it can . The highway status of privately owned accessways can be of vital importance for a number of reasons. In this...
Underlined by the fact that almost 50% of the UK’s electricity now comes from renewable sources, the energy sector is moving at rapid pace - with advances in technology and renewables prompting the need for scrupulous regulatory requirements. With a...
The potential benefits of resolving even the most heated of disputes through effective communication are obvious but often under-utilised. The litigation of disputes is inherently contentious and can have potentially disastrous financial consequences for...
November 2021 Employment Law Bulletin Welcome to our Employment Law Bulletin for November 2021. This month’s bulletin focuses on a number of key developments and of course the ever changing landscape in relation to COVID vaccinations. Increase in...
The Commercial Rent (Coronavirus) Bill – what landlords and tenants need to know It has been reported that commercial property landlords are owed more than £7 billion in rent arrears which was built up during the coronavirus pandemic. To...
Contentious Probate update: recoverability of success fees – what’s happened? The Court of Appeal has confirmed in the recent case of Hirachand v Hirachand [2021] EWCA Civ 1498 that a person bringing a claim under the Inheritance (Provision...
The recent fuel crisis here in the UK has created a massive surge in interest for electric cars and with increasing demand, now is the time for commercial landlords to consider their opportunities to capitalise on rising demand for EV charging points. ...
Following the enactment of the Coronavirus Act 2020, the Government extended the required notice period when seeking possession of a property. You can evict a tenant who has an assured shorthold tenancy by way of what is known as a Section 21 notice or...
With the Government announcing its autumn/winter plan to control the on-going Covid 19 pandemic, it has been announced that vaccinations will be offered to 12–15-year-olds in England. Chief medical officer Professor Chris Whitty has confirmed that the...
The Corporate Insolvency and Governance Act 2020 sets out that you cannot present a winding-up petition against a company based on a statutory demand that was served between 01 March 2020 and 30 September 2021 , nor present a winding-up petition between 01...
Could Covid-19 vaccinations become compulsory for frontline NHS workers? Six weeks of consultation has now commenced to see whether frontline NHS workers will be required to have received both Covid-19 vaccinations in the same manner as care home workers...
The recent case of Mrs Thompson v Scancrown Limited t/a Manors, has hit the headlines as estate agent, Mrs Thompson won a sex discrimination claim with an award of in excess of £180,000. Mrs Thompson was employed as a London estate agent from 2016. In...
We have had several enquiries over the last year or so from both commercial landlords and tenants in relation to the impact that the Covid-19 pandemic has had on commercial rent arrears. So far the Government has sought to assist commercial tenants by...
A claim for dilapidations is a useful remedy for landlords who are concerned about the state and condition of their rented commercial property. This often comes to light shortly before, or immediately after, an outgoing tenant has vacated. What...
Back in April 2021, the Government started a consultation on the possibility of making COVID-19 vaccinations compulsory for those who work in certain workplaces, including care homes. Although there is some difference in opinion amongst scientists, SAGE...
The Government’s Coronavirus Job Retention Scheme has been in place since March 2020. Although the amount of money contributed by the Government and employers has changed throughout, it has enabled millions of people to keep their jobs. To date, the...
With temperatures hitting new record-breaking highs, members of staff could legitimately ask whether they can be kept at work as things get uncomfortable. When the workplace gets too hot, it is more than just an issue about comfort. If the temperature goes...
On 5 th July 2021, the Government published its COVID-19 Response for Summer 2021. We have summarised the key points which arise from an employment law perspective and how this may impact employers during the next couple of months. This is up to date at the...
Breathing Space protects debtors from any action taken by creditors for up to 60 days, a welcomed reform for those who are struggling to manage their debts as they will be able to seek much needed advice without facing increased interest and charges as a...
The COVID-19 pandemic has had a huge impact on the civil justice system. Lockdown played havoc with court listings resulting in many hearings being vacated. At this time, with no alternative, virtual hearings were welcomed by parties and their...
Enforcing a County Court Judgment which has been obtained against an individual may seem to be unfeasible during the pandemic however, there are several enforcement methods which remain available to include; 1) Warrant of Execution, 2) Attachment of Earnings...
People often ask on what "Contentious Probate" means. A brief summary is set out below: a) Concerns over the validity of the Will. For example, that the Deceased did not have the mental capacity to make a Will, wasn't aware of the contents,...
Discrimination compensation awards increased Under the Equality Act 2010, it is unlawful to discriminate an individual due to a protected characteristic. This includes age, sex, disability, race, gender reassignment, marriage/civil partnership,...
What are the alternatives to Court proceedings in order to resolve disputes? There are various ways to resolve disputes rather than simply issuing a claim through the Courts. Litigating through the Courts is not a quick process. There are lots of...
Disputes continue to arise in business. Here at mfg Solicitors LLP, we are working remotely to resolve disputes for our clients. The Civil Courts are continuing to operate remotely (and are working hard to keep the justice system working) during the outbreak...
In the recent case of Re Williams (Deceased) [2012[ EWHC 586 (Ch) (16 th of March 2021) it was determined that the lack of knowledge and approval by the Testator justified the Court upholding the validity of the Will with deletions. The Judge found that...
Several businesses rely upon members of staff to be on call, with many organisations paying these individuals a flat rate or sometimes no pay at all for simply being on call. This presents a number of problems: Is the individual an employee or worker? ...
In her latest blog on rural issues, associate Hannah Taylor covers the options open to farmers and landowners to protect their crops from walkers veering off public footpaths – and why it’s important for everyone to work together. Last year I...
In the recent case of Re: BRUNT – DECEASED [2021] the High Court have ordered a re-trial where it was alleged that a Will had been forged. The High Court found that the Judge had not dealt properly with the evidence before him when he made an Order...
Directors of many companies are struggling with the financial uncertainty caused by the Covid 19 pandemic. With the threat of insolvency ever present many companies are simply trying to “hold on” and make it through the pandemic with as little...
The Chancellor Rishi Sunak has delivered his second Budget on 3 rd March 2021, which contained a number of important announcements for UK businesses. In this blog, we summarise the key employment aspects of the Budget. As stated in our recent blog ,...
The Chancellor Rishi Sunak has announced the Government’s Coronavirus Job Retention Scheme will be extended by a further 5 months from 30 th April to 30 th September 2021. The key points are as follows: The scheme has been extended from 30 th ...
As part of the Government’s response to COVID-19, there has been an expansion of workplace testing for businesses. Employers who employ more than 50 essential frontline staff, who cannot work from home, will be able to access lateral flow tests, free...
Effective and efficient debt recovery is vital to the continuation of any business, even more so in these continued unprecedented times. Businesses need to ensure that they have sufficient cash flow to allow them to continue to weather the storm. Can I...
In our latest online Q&A, partner and head of our contentious probate department Robert Weston covers the often-complex issues of caveats around a deceased person’s estate and the key facts you need to know. First and foremost, a caveat should...
The reintroduction of Crown Preference is an unfortunate development at a time of unprecedented uncertainty, when many businesses are struggling with the effects of the Covid 19 pandemic. The Enterprise Act 2002 abolished Crown Preference, meaning that HMRC...
A Freedom of Information request to the Insolvency Service by the BBC shows that 10,000 employers plan to cut 795,000 jobs. By comparison, 530,000 jobs were proposed to be cut during the last economic crisis, namely the recession in 2010. It is important...
The Government have issued a new Treasury Direction in relation to the Coronavirus Job Retention Scheme. There has been a series of Treasury Directions since the introduction of the furlough scheme in March 2020. These Treasury Directions set out the legal...
It has been recently reported in the media that Pimlico Plumbers is to rewrite all of its contracts to require its workers to take the COVID-19 vaccine. This “no jab no job” policy raises an important question for businesses in the coming months...
Q7: What happens if an employer decides to close the business for the day due to adverse weather? Employers owe a duty of care to their employees. As such, if the authorities are telling people to stay at home unless their journey is essential, they may...
Q4: How should an employer address issues about an employee’s wellbeing? Over the Christmas period, an employee’s wellbeing may be affected by the exacerbation of stress and/or depression. This may be for a number of reasons, including but not...
Q1: Does an employee have the right to take Christmas Day, Boxing Day or New Year’s Day as holiday? A: Over the winter months, there are three bank holidays, which are Christmas Day (Friday 25 th December 2020), Boxing Day (Monday 28 th December...
Like many other industries, the wedding industry has been hit hard by the Government restrictions which have been brought into effect to tackle COVID-19. With large gatherings being prohibited it is no surprise that there has been a significant downturn in...
Mediation is an alternative means by which the two parties can try and resolve issues. These may be issues regarding contact arrangements for the children, or alternatively financial matters as part of divorce proceedings or following separation. The...
In the UK, there are different types of employment status, with the main ones being an employee, worker and self-employed. Determining someone’s employment status helps to define their employment rights and the responsibilities of their employer. A...
On 23 rd November 2020, the Government published its COVID-19 Winter Plan. We have summarised the key points which arise from an employment law perspective and how this may impact employers during the next couple of months. This is up to date at the time of...
Parental Responsibility is a term which describes all the rights and responsibilities that parents have in relation to their children. This includes for example, being responsible for consenting to medical treatment for a child, making decisions such as...
In order to change a child’s name any party who has parental responsibility for the child must agree to the change of child’s name. If all parties who have parental responsibility agree to the change of the child’s name then a Change of...
Due to the rapid rise of new COVID-19 cases, England will be entering into a second nationwide lockdown initially between Thursday 5th November 2020 and Wednesday 2nd December 2020. This means people will be required to stay at home (except for specific...
Private Client Law covers a wide range of disciplines such as Wills and Lifetime Planning, Mental Capacity, Trusts and Estates. Private Client Practitioners can also handle a range of charity work advising on specific legal issues. Wills and Lifetime...
If your business has been adversely affected by the restrictions brought about as a result of COVID-19 and you hold a business interruption insurance policy you may be able to make a claim in respect of your losses. The success of any such claim will depend...
It is always advisable for the parties to enter into a Pre-Nuptial Agreement prior to marriage. The purpose of a Pre-Nuptial Agreement is to record what both parties would wish to happen to the finances in the event of the unfortunate breakdown of the...