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We regularly write about different legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch.

Latest Posts

New Power of Attorney Act 2023 becomes law

Olivia Kersey
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A new bill aimed at speeding up and simplifying the registration of Lasting Powers of Attorney has been passed by Parliament. The Powers of Attorney Act 2023 became law on 18 September 2023.

Can you decline a legacy left to you in someone's Will?

Helen Cohen
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In some cases, there may be advantages to refusing a gift left to you in a Will. This blog will explore what these advantages could be and how you might decline a legacy or pass it to someone else with a deed of variation.

How to tell your children about divorce

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Going through a divorce is naturally an extremely difficult time, potentially bringing up many conflicting emotions, and worries about the future. When you’re going through this challenging period, you are also likely to be concerned about the impact...

What if the executor does not distribute the estate after probate?

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A Will allows you to determine what happens to your estate after you pass away, ensuring that assets are distributed to those that matter most. It is the role of an executor to oversee the distribution of assets to beneficiaries. But what happens if the...

Can you get compensation for breach of contract?

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In today's business landscape, contracts play a crucial role in helping to establish trust and maintain the smooth functioning of commercial transactions, whilst also protecting both party’s rights and entitlements. However, despite the best...

What is a cohabitation agreement?

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In modern Britain, it is becoming increasingly common for couples to choose not to marry. However, at present, couples who live together but are not married are not subject to the same legal rights as married couples. It is often a common misconception, that...

How to make a Will online

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A Will is one of the most important pieces of documentation a person can make in their lifetime. Drawing up a valid Will ensures that an individual’s assets are transferred to their loved ones or those that they wish as they intended, in the event of...

How are pensions divided in divorce?

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Going through a divorce and dividing up financial assets can be a difficult and emotionally challenging time for all parties involved. Once the divorce application has been submitted and provided that the application confirms that financial claims are to be...

Do I need a Court Order to Resolve Finances within Divorce?

Danielle Dyer
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It is often a common misconception that once a divorce is made final (previously known as absolute), this also means that any financial arrangements you and your former spouse have made together is also final and binding. This is not the case, unless the...

How to protect your limited company from divorce

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Divorce is never easy, and it can be especially challenging for business owners who have worked hard to build and grow their business. One of the key concerns will be whether or not the business is protected in the event of a divorce. Business owners are...

Can Adult Children claim under the Inheritance (Provision for Family and Dependants) Act 1975?

Danielle Dyer
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The short answer is yes. An adult child does qualify to be able make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (‘the Act’). Whether that adult child’s claim has any prospect of success is another question...

What is the difference between marriage and civil partnership?

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You may be considering taking the next step in your relationship and committing to a legally binding partnership. However, it is important to be well informed about the options available to you in terms of choosing to be married or entering into a civil...

Separation and Divorce - What Happens with the Family Home and the Mortgage?

Danielle Dyer
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Having those initial thoughts and discussions when first deciding to separate, and how to separate, can be very daunting and worrisome, with many people wondering what happens with the mortgage on the family home and who will be responsible for paying it. ...

Parental Alienation

Rachael  Chadwick
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The BBC have reported that children have been forced into contact with fathers accused of abuse (including fathers who were convicted paedophiles). In all of these reported cases contained within the BBC’s investigation, the father had disputed...

Paying Inheritance Tax

Helen Cohen
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For those dealing with someone’s estate after their death, the Inheritance Tax bill can come as a nasty shock. Some Inheritance Tax may need to be paid before a Grant of Probate or Letters of Administration will be issued, which can sometimes create...

Dealing with your business in your Will

Amy Nelson
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If you are a business owner, it is particularly important to have a carefully considered Will in place so that you can be sure your business will pass to the right people when the time comes. If you pass away leaving no valid Will, then there is a risk...

School Holidays: Reaching Child Care Arrangements When Separated

Danielle Dyer
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School Holidays: Reaching Child Care Arrangements When Separated School Holidays are often a special time where parents and children have the opportunity to spend quality time together. Following a separation, considering and deciding on the...

Surviving spouse's initial entitlement on Intestacy raised to £322,000

Helen Cohen
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The government has raised the amount a spouse or civil partner can inherit if their partner dies without having made a Will (or with a Will that is invalid). As of 25 July 2023, the statutory legacy figure has increased from £270,000 to...

Gifting my home to save Inheritance Tax - is it a good idea?

Amy Nelson
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For property owners looking to reduce their Inheritance Tax liability, gifting property and leasing it back could be a sensible option. With any Inheritance Tax planning exercise, it is vital that proper advice is taken on your personal circumstances. The...

The rule against self-dealing in estate administration

Helen Cohen
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Executors who are dealing with the administration of an estate after someone’s death need to be careful not to breach the legal rules designed to protect beneficiaries. This includes not buying assets from the estate. Known as...

Leaving money in your Will to your children and grandchildren

Hannah McGavin
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Parents usually want to leave their money to children and grandchildren in their Will. There are different ways to pass on wealth and we take a look at the some of the options and implications. It is important to think carefully about how you want to...

Tips for first-time buyers who will be applying for a mortgage

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Applying for a mortgage as a first-time buyer can be daunting, particularly when coupled with a fast-moving property market. We take a look at how to successfully deal with the mortgage aspect of taking on your first home. It is always recommended that...

Steep rise in estates worth £1 million or more

Amy Nelson
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Figures released by HM Revenue & Customs have revealed that the number of deceased estates valued at more than £1 million has risen by over one-third in five years. In 2013-14, there were 8,340 estates worth over a £1million, whilst in...

How long does an LPA last and can it be ended?

Hannah McGavin
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A Lasting Power of Attorney or LPA gives legal authority to a trusted friend or relative to make decisions and deal with the affairs of someone unable to do this for themselves. It is always recommended that people prepare LPAs as soon as possible, whilst...

Obtaining Probate for someone domiciled outside the UK

Helen Cohen
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If you are dealing with the estate of someone who has died, you will often need to obtain a Grant of Probate. If the deceased was British and had assets in the UK but was domiciled overseas, you may still need to apply for this. Whether or not you need a...

Joint Buyer Sole Proprietor mortgages

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With increasing financial input from parents and other family members to help young people onto the property ladder, Joint Buyer Sole Proprietor mortgages are a popular option. We take a look at how they work and what they entail. For many young people,...

BakerLaw LLP in Farnham Launch New Online Wills

Helen Cohen
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At BakerLaw, we are always looking to provide the best for our clients –  not only in the customer experience we deliver, but also in the services we are offering.  For some time, our Wills , Powers of Attorney ,  Trusts ...

Dealing with digital issues after death

Amy Nelson
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People are increasingly leaving a digital legacy after their death, as well as digital assets. We take a look at how to deal with the digital aspects of an estate. Dealing with someone’s online presence and digital matters after they have passed...

How long can an Executor wait before distributing an estate?

Helen Cohen
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If you have been left a legacy in someone’s Will, or you are inheriting from someone who did not leave a Will, you may be wondering how soon your entitlement will be paid to you. We take a look at the Probate process and why Executors or...

What is the difference between an employee and a contract worker?

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Whether a worker is an employee or a contractor can be an important distinction, with certain rights and responsibilities attaching to employment status, including in respect of unfair dismissal and redundancy payments. Employees work under a contract of...

What to do if your property has asbestos

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Many properties have asbestos present in places such as walls, insulation, piping, and garage roofs. It is no longer legal to use asbestos when constructing property and it cannot generally be removed by someone without a licence. If you have asbestos...

Changes to Leasehold Legislation

Kevin Duffy
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Long-awaited reforms to the law surrounding leasehold property will start to take effect in 2022 as the government seeks to make matters fairer for leaseholders. Problems for those owning leasehold property have increased over recent years, with the some...

Modernising Lasting Powers of Attorney

Helen Cohen
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With the current Lasting Power of Attorney (LPA) system having come into effect in 2007, the government consultation on reforming the process is welcomed by many who are concerned about protecting those who lose mental capacity to manage their affairs....

Unexpected reasons why your Will might be invalid

Hannah McGavin
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Having a Will is crucial in ensuring your loved ones will be cared for in the future in the way that you want. However, it is easy to make an error in making or signing and witnessing a Will, meaning it could be invalid. If your Will is not considered...

Updating your Will - Half of Wills in the UK are 'out of date'

Helen Cohen
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Research done on behalf of Solicitors for the Elderly (SFE) has found that almost half of UK adults who have a Will have not updated it for more than five years. SFE is a national association of independent lawyers who specialise in legal matters for the...

Changes to EPC rules could be expensive for landlords

Kevin Duffy
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Energy Performance Certificates, or EPCs, give an energy performance rating for properties, with the most energy efficient properties being awarded an A rating while the least efficient are rated as a G. Current legislation requires landlords to achieve a...

Dementia and Lasting Powers of Attorney

Helen Cohen
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A Lasting Power of Attorney authorises a trusted friend, relative or professional, to make decisions on someone’s behalf, should they lose the capacity to do this themselves, or should they need assistance with managing their affairs. If an individual...

Taking on an apprentice

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Taking on an apprentice can be advantageous for businesses, providing them with training in the skills the organisation needs and to the standards required. It is a good opportunity to invest in a new and motivated worker for the future. As an employer,...

Trialling the four-day work week

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A trial of the four-day work week is set to go ahead in the UK from June 2022 as 60 businesses and over 3,000 employees take part in a pilot scheme. The scheme is being coordinated by 4 Day Week Global, think tank Autonomy, the 4 Day Week UK Campaign and...

Is a Will a private document?

Amy Nelson
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When you write your Will, you may be wondering whether it will remain a private document, or whether it is ever likely to become public knowledge. We take a look at the issues surrounding publication of Wills. After the death of Prince Philip, the High...

Who is responsible for the damage when trees and fences blow down in a storm?

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With UK weather becoming more extreme, homeowners are having to deal with an increase in damage caused by trees and fences being blown down. We take a look at who is responsible and how to deal with a storm damage insurance claim. The UK has seen an...

Should you extend your home or move house?

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As your needs change over time, you may find you wish you had more space or a different type of space at home. We take a look at whether it might work best to extend your existing accommodation or whether moving house would be a better option. If you have...

What happens if a beneficiary is bankrupt?

Helen Cohen
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If you are dealing with the estate of someone who has died, you need to check whether any of the beneficiaries have been declared bankrupt. If you mistakenly distribute part of the estate to a bankrupt beneficiary, the trustee in bankruptcy could bring a...

BakerLaw LLP - Proud supporters of Phyllis Tuckwell Hospice, Farnham

Helen Cohen
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BakerLaw LLP Solicitors, Farnham - Proud supporters of the Phyllis Tuckwell Make a Will Month 2022 BakerLaw Solicitors are very proud to have successfully supported the Phyllis Tuckwell Hospice ‘Make a Will Month 2022’. Due to our Will...

Should I prepare my Will with a lawyer? - How a property mogul's £100 million Will failed because he didn't know what it contained

Hannah McGavin
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  The Will of a wealthy property investor has been overturned by the High Court on the basis that he did not know and approve of the contents. Property tycoon Kevin Reeves, raised as an orphan in a convent, built up an empire valued at £100...

What to do if an Executor is not taking steps to administer an estate

Amy Nelson
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After a death, the estate’s executor or administrator has the job of winding up the deceased’s affairs. We take a look at what happens if they fail to carry out their role. The task of administering an estate can be time-consuming and is often...

Personal risks in being an executor

Helen Cohen
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The executor to an estate has the job of winding up someone’s affairs after their death. It is a job that involves both responsibility and personal financial risk. After someone has died, their executor, named in their Will, has the role of...

Creating a more eco-friendly home

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As people increasingly look at ways to reduce their carbon footprint, we examine some of the best ideas for making your home more eco-friendly. The average UK home takes a shocking 50 tonnes of CO2 to build, with an additional 27 tonnes every year to heat...

Right of first refusal when landlord sells the freehold

Mark Ridley
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If you own a leasehold property and your landlord is thinking of selling the freehold, you may have the right of first refusal to purchase it. There are a number of advantages for leaseholders when they also own the freehold in their building, so purchasing...

BakerLaw, Farnham proud supporters of Phyllis Tuckwell Make a Will Month

Helen Cohen
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Make a Will that makes a difference Bakerlaw Solicitors are very proud to be supporting the Phyllis Tuckwell Make a Will Month 2022. During the month of April, our Wills specialists will be providing their services free of charge to help you create a new...

Probate fee increase and what it means for a lay executor

Hannah McGavin
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Probate fees increased in January 2022 to a single flat rate of £273 for all applicants. This replaces a system that had two different fees, namely £215 for individuals applying for probate themselves and the reduced fee of £155 payable...

Homes are selling up to two times faster than pre-pandemic

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The time taken to sell a house in 2019 was more than twice as long as in 2021. In 2019, it took an average of 69 days for an acceptable offer to be made, whereas in 2021 the time was down to just 27 days. Online searches for ‘houses for sale’...

BakerLaw successful with Lexcel re-accreditation

Gemma McBride
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Following an independent assessment in January, BakerLaw is pleased to announce the firm has passed the re-accreditation process retaining its quality mark for practice management and client care. What is Lexcel? Lexcel is The Law Society’s legal...

The five most expensive divorces of all time

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As Bill and Melinda Gates ponder how to divide around $130 billion in assets, we take a look at the five most expensive divorces so far. 1. Jeff Bezos and MacKenzie Scott divorce 2019 - $38 billion When the founder of Amazon and wife MacKenzie Scott...

What are your rights when your new home isn't up to scratch?

Mark Ridley
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Problems often arise with new build properties and it is standard practice to compile a list of snagging items that need dealing with when you move into your new home. But what happens when the problems are more serious? It is expected that there will a...

What can an attorney do under a Lasting Power of Attorney?

Hannah McGavin
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If you have been appointed as someone’s attorney under a Lasting Power of Attorney you will have the authority to make certain decisions on their behalf. There are two types of Lasting Power of Attorney – one in respect of property and financial...

Mediation vs court: mediation is the way forward

Danielle Dyer
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With family courts experiencing a substantial backlog and the government supporting mediation with a new voucher scheme, mediation is likely to become more widely used in the future. It is already the case that when dealing with financial affairs and...

Paying bills and expenses after someone dies

Amy Nelson
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After someone dies, part of winding up their estate involves settling all of their debts. As well as paying bills, there are expenses relating to their death, including funeral costs. When someone has died, their estate is liable for paying their...

The new 'no-fault' divorce law

Wendy Armstrong
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 In April this year, the law regarding divorce is set to change to allow couples to divorce without any blame attaching to either party. The Divorce, Dissolution and Separation Bill has been given Royal Assent and is set to be implemented in April...

New build homes to have electric vehicle chargers from 2022

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The Prime Minister has announced that as from 2022, all new build homes in England will have to have electric vehicle (EV) charging points. The new law means that up to 145,000 new charging points will be created each year. The legislation will also apply...

Should I add a codicil to my Will or make a new Will?

Hannah McGavin
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Over time, you may need to make changes to your Will. You have the option of adding a codicil or making a new Will. It is recommended that you review your Will at least once every five years as well as in the light of any major life events, such as buying a...

Enforcing restrictive covenants in respect of a property

Mark Ridley
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Many properties have restrictive covenants included in their title. These restrict what can be done at the property. If a restrictive covenant is breached, then it is open to the person with the benefit of the covenant to bring enforcement action.

Inheritance tax - lessons to be learned from celebrity mistakes

Hannah McGavin
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With the usual rate of Inheritance Tax standing at 40%, there is a risk that your estate could be seriously depleted unless you make plans to legitimately minimise the amount that will be payable. When Philip Seymour Hoffman died in 2014, he left a Will...

Which takes priority, an LPA or an advance decision?

Helen Cohen
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Lasting Powers of Attorney (LPA) and advance decisions give authority to others to make decisions about your care on your behalf, should you need this help in the future. Both documents are for use in the event that you become unable to make decisions for...

Care fees and care fee planning

Amy Nelson
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If you or your spouse or partner need to move into care, the expense could use up a large part of your estate. While it is not lawful to deliberately deprive the local authority of funds, there are legitimate ways to protect your wealth so that it can be...

Arranging child contact over Christmas

Wendy Armstrong
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Contact arrangements over Christmas can be a source of tension, particularly for the non-resident parent, who will want to spend some meaningful time with their child during the festive season. Christmas is known for being a stressful time for families,...

Setting up a Power of Attorney: A step by step guide

Hannah McGavin
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A Lasting Power of Attorney is an important document giving someone the authority to deal with your affairs, should you ever become unable to do so yourself. There are two types of Lasting Power of Attorney (LPA), one that deals with property and financial...

Six common misconceptions about Wills and probate

Amy Nelson
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There are strict rules surrounding Wills and the administration of estates after a death, meaning that relying on some common beliefs could cause problems for your loved ones. We take a look at some common misconceptions and what the true position is. ...

Court of Protection and deputyship

Amy Nelson
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If an individual loses the capacity to manage their own affairs and make important decisions and they have not legally appointed someone to act as their attorney, it may be necessary to apply to the Court of Protection for a deputyship order. When someone...

What happens if you do not want to take up the role of executor?

Hannah McGavin
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It is sometimes the case that the person named in a Will as the deceased’s executor is unable or unwilling to take on the role. The task of executor can be complex and time-consuming. It involves identifying and valuing all of the deceased’s...

Parental responsibility

Wendy Armstrong
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Parental responsibility is defined as all of the rights, duties, powers, responsibilities and authority which a parent has in relation to a child and their property. Not every parent has parental responsibility, however if your child’s other parent...

Do I need permission from my ex to take my child on holiday?

Danielle Dyer
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With the travel restriction shake up and the October half term only weeks away, many of us will start to think about going away somewhere with our loved ones.  It is the time of year people look to go on holiday, but for those who are...

Intestacy explained

Amy Nelson
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When someone dies without leaving a Will, they are said to have died intestate. There are strict rules governing who will inherit their estate, known as the Rules of Intestacy. **This article was edited on 26 July 2023 to reflect changes in the law that...

Dealing with financial affairs after someone has died

Hannah McGavin
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After someone dies, their executor or administrator will be responsible for finalising their financial affairs. This involves collecting all of their assets and belongings and either selling them or transferring them in accordance with their Will or,...

Will checklist

Amy Nelson
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When you are having your Will drawn up, there is more to think about than simply whom you wish to leave your estate to. Below is a brief checklist of issues to consider when making your Will . Funeral wishes If you want to, you can include your funeral...

Using a deed of variation to change the terms of a Will

Amy Nelson
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A deed of variation can be used to change the provisions of someone’s Will after they have died. This can be used to distribute their assets in a different way in order to reduce the amount of Inheritance Tax that will be payable or to make provision...

Am I entitled to maintenance when getting divorced?

Danielle Dyer
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Finances can be a major source of anxiety during a divorce . We take a look at whether you will be entitled to receive spousal maintenance payments . This is separate to that of child maintenance. When a couple divorces, one party may sometimes be ordered...

Do grandparents have a legal right to see their grandchildren?

Wendy Armstrong
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Grandparents often play a beneficial role in their grandchildren’s lives. However, if the relationship between a grandparent and their children breaks down, it can mean that they may lose out on seeing their grandchildren. Grandparents do not have...

How quickly do I need to apply for probate after someone dies?

Hannah McGavin
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After someone dies, their personal representative will generally need to apply for a Grant of Probate or, if they did not leave a Will , a Grant of Letters of Representation. This is the legal authority that will enable them to wind up the deceased’s...

12-week consultation into the digitisation of LPAs begins

Amy Nelson
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Last week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about your finances, health, and care for you should you lose...

How does the Court decide who gets what in a Divorce?

Danielle Dyer
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There is no strict formula for dividing assets in divorce, with the court having a duty to consider all the circumstances of the particular case. The court’s first and paramount consideration will be the welfare of any children of the family under...

Divorce: Who Gets Custody of the Family Pet?

Danielle Dyer
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Divorce, by its very nature is a highly emotive and difficult time for couples which involves, for many, deciding upon arrangements for their children and how their assets are to be divided. But what should happen to the family pet upon divorce. This has...

Kate Garraway & the legal protections we should all have in place

Amy Nelson
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Kate Garraway’s heart-breaking story of her husband Derek’s year-long battle with Covid has been made even more complicated by the lack of legal protection she and Derek had in place. Kate was unable to access...

How will Brexit affect employment laws?

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After the long-awaited separation of the UK from the European Union, you may be left wondering how employment laws could change and the affect it could have on managing your employees . From 31 December 2020, the European Court of Justice (ECJ) can no...

The perils of 'DIY' wills

Amy Nelson
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A judge has ruled that Terri Tibbbles will inherit her father’s £300,000 estate after declaring a ‘DIY’ will allegedly written, and signed, days before his death as invalid. William Tibbles died in February 2018 leaving 5 children; 4...

ACAS Early Conciliation Process Extended

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From today, if a Claimant commences ACAS Early Conciliation, the conciliation period will last for a standard period of six weeks unless brought to a close sooner by either party indicating that it does not wish to conciliate or on reaching a legally binding...

Coronavirus Job Retention (Furlough) Scheme Guidance Published

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Following on from yesterday’s blog  confirming the extension of the Coronavirus Job Retention Scheme (CJRS) until 31 March 2021, the Guidance  is now available. In addition to the key points and changes identified in our ...

Coronavirus Job Retention (Furlough) Scheme Extended to March 2021

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The Chancellor announced an extension to the availability of the Coronavirus Job Retention Scheme to 31 March 2021. The reason for the extension is based on evidence of the economic effects of COVID-19 on business lasting longer than the duration of the restrictions.

Disability discrimination - motivation must be considered

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The Court of Appeal’s recent decision in Robinson v DWP   has clarified what an employee will need to show to succeed in a claim for discrimination arising from disability . The Court of Appeal decision means that tribunals must look at the...

Paranoid delusions - disability under the Equality Act 2010

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In Sullivan v Bury Street Capital Limited [2020] UKEAT/0317/19/BA, the Employment Tribunal has accepted that a Claimant had paranoid delusions for a certain period, but found that those delusions were not expected to have a substantial and long term...

Who is Trading Standards?

Mark Ridley
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The UK public, when encountering a commercial dispute, often think that Trading Standards will be a lifeline for their claim and make the process quicker and easier. But is this accurate and who are Trading Standards? In reality what can they do? Trading...

Settlement Agreements for furloughed / redundant employees

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With all the uncertainty caused by COVID-19 and increasing unemployment rates, being told that your employment is ending will undoubtedly be a distressing and worrying time. Some employers are offering Settlement Agreements (a legally binding agreeing...

Statutory redundancy payments for furloughed employees

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Statutory redundancy payments (what the law says an employee is entitled to be paid if they have been continuously employed for 2 years and are made redundant) are calculated based on an employee’s length of service, their age and a...

Entitlement to Statutory Sick Pay during self-isolation for Covid-19 amended

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Update correct as at 6 August 2020 The Statutory Sick Pay (General) (Coronavirus Amendment) (No.5) Regulations 2020 came into force on 5 August 2020. They extend the entitlement to Statutory Sick Pay from 7 to 10 days where an individual self-isolates...

Employment Appeal Tribunal - It's not all about the money!

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The Employment Appeal Tribunal (EAT) has ruled that employees can pursue an unfair dismissal claim even though no compensation may be awarded, provided the claim has a reasonable prospect of success. In Evans v London Borough of Brent ,  Dr Evans...

Gas safety and evictions: a welcomed decision for landlords

Danielle Dyer
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Landlords will be pleased to hear that not serving a gas safety certificate before a tenant goes into occupation at a property is no longer fatal to their chances of serving a valid section 21 notice to evict the tenant. The decision of Caridon Property...

One wrong digit and my inheritance was gone

Hannah McGavin
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A recent article in The Guardian shows the dangers of giving the wrong account details when arranging bank transfers.  The article reports that the client was in discussions with the solicitors dealing with his late father’s estate, regarding the...

No fault divorce: the biggest reform to divorce in 50 years

Wendy Armstrong
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Divorce laws in England and Wales are finally set to change after the Divorce, Dissolution and Separation Bill passed its third and final reading in the House of Commons on 17th June 2020. The bill will reform the traditional fault-based system by...

What are your Rights as a Guarantor?

Mark Ridley
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Have you ever been asked to guarantee a loan so that your friend or someone in your family can borrow money? Or have you guaranteed a loan to help someone? It is not unusual for people to ask those close to them to do this and most will agree so that they...

Bourne Blades Fundraiser: John O'Groats to Land's End

Gemma McBride
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Last month volunteers from local football club Bourne Blades ran and cycled the distance from John O’Groats to Land’s End in a virtual relay to raise money for two local charities. An initial group of 30 volunteers, including three members of the...

Contracts v Coronavirus

Danielle Dyer
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The country and indeed most of the world, are locked down to help in the fight against Covid-19, as these unprecedented times have seen a suspension of our normal ways of life, business and trading.  As lawyers, we are being asked more and more: What...

Is it really business as usual for the Family Courts?

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As the UK enters week 5 of a nationwide lockdown due to the outbreak of Coronavirus, it is crystal clear that this disease has and will continue to affect everyone; not only from a health perspective but also having a profound impact on the viability of...

Coronavirus and Commercial Leases

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Struggling tenants are never good news for a landlord and, in the difficult circumstances we find ourselves in, landlords and tenants should seek to have open discussions with each other about their commercial lease and what tenants can afford to pay.

Coronavirus Business Interruption Loan Scheme - Borrower beware

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The Coronavirus Business Interruption Loan Scheme (CBILS) has had a slow start and Chancellor Rishi Sunak has been forced to overhaul the scheme following pressure from small business owners, primarily at the paltry level of loans sanctioned compared to...

Injury to feelings - how much can an Employment Tribunal award?

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In addition to compensation for financial loss, Employment Tribunals may award compensation for injured feelings in discrimination claims .  As neither the Equality Act 2010 or previous legislation provided guidance on the level of award for injury...

Changes to court probate process due to coronavirus

Amy Nelson
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The Coronavirus (Covid-19) pandemic is affecting all businesses and organisations across the nation; in particular, law firms are having to adapt to sudden changes to the Court systems. The Government announced that as of Monday 30th March 2020, 89 courts...

Effect of coronavirus on signing wills

Amy Nelson
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It has now become increasingly difficult for lawyers to ensure that the basic requirements of creating a valid will have been met given the current social distancing guidelines and requirements to stay at home.  Under the current government guidelines,...

Updated Coronavirus Job Retention Scheme Guidance

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On Saturday 4 April 2020, HMRC issued updated guidance on the Coronavirus Job Retention Scheme. The updated guidance clarifies some but not all of the unanswered questions that many employers have been left grappling with following the initial guidance...

Employer not liable for employee's data protection breach

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The Supreme Court has allowed an appeal ruling that Morrisons (WM Morrison Supermarkets plc) is not liable for a data breach committed by its ex-employee, Mr Skelton. Skelton uploaded payroll data online, including personal details of Morrisons’...

Extended working hours to enable flexible remote appointments

Amy Nelson
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In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...

NHS Discount

Amy Nelson
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In light of the current climate and guidelines surrounding the Coronavirus (COVID19) outbreak across the globe, the Private Client team are working hard to make our services available to more people. We have already been able to achieve this by offering...

Redundancy vs Furlough

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Some employers took steps to make workers redundant prior to the government’s Coronavirus Job Retention Scheme (CJRS). Others are still making redundancies irrespective of the CJRS due to the uncertainties that remain or because they cannot afford to...

Staying Home isn't always Staying Safe

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‘Stay Home Stay Safe’- this tag line is being heavily promoted by the government as they seek to protect the safety of its citizens as well as the functionality of the NHS. There is no doubt that this concept has far reaching implications for...

Coronavirus Job Retention Scheme (CJRS)

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The Government’s further guidance on the Coronavirus Job Retention Scheme sets out who will be eligible to use the scheme and answers some questions on how it will operate.  Who can use the retention scheme? All UK employers, including...

Stay Home, Stay Safe - when your children have two homes

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The world is currently facing an extremely uncertain time as people all over the globe grapple with the ongoing effects of the Coronavirus. It is no secret that this virus has affected everyone, in every way, as they go through the motions of their day to...

BakerLaw v North East Hampshire Police Force

Gemma McBride
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"Keep calm and carry on" resonates within this summary today. I am awfully impressed by the BakerLaw and North-East Hampshire Police (NEHP) teams last night, as despite the difficult and unprecedented times we find ourselves in, the players turned...

Coronoavirus - do I have my affairs in order?

Hannah McGavin
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Has the Coronavirus (Covid-19) made you stop and think ‘Do I have my affairs in order?’ With more and more cases of Covid-19 being diagnosed every day, the country is preparing to implement social distancing measures. This may bring forward...

BakerLaw v Roffe Swayne - Football Match Summary

Gemma McBride
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We came, we saw - but Roffe Swayne conquered.  Off we went, with hearts full of dreams and minds filled with what could be, if we only managed to win our first away game.  Unfortunately, this was short lived as Roffe Swayne hammered 4 goals past...

Business Update: Coronavirus - Is your business prepared?

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As at Monday 9th March 2020 The situation regarding the coronavirus, officially known as Covid-19, is changing daily. From an employment perspective, it raises questions of immigration, health and safety, data protection and employment law issues. The...

What's mine is yours: Explaining financial settlements upon divorce.

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Making the decision to get divorced is never easy. Anxieties can be exacerbated by misinformation being passed down by friends and family that, in an effort to help, only serve to worry. Myths surrounding financial matters pose one of the main areas of...

BAKERLAW VS FISHFINACIAL - FOOTBALL REMATCH SUMMARY

Gemma McBride
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Where to begin….the events of last night took so many twists and turns that not even the players could follow the score line To begin with, our brave players rocked up with the intention of fighting back and reconciling the loss suffered a few weeks...

Is your workplace making time for mental health? #timetotalk

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Every year, Time to Change run the campaign, Time to Talk Day with the aim of getting the nation talking about mental health.  The intention is that by having conversations, misconceptions and barriers around mental health can be reduced. It is...

Why Heads of Terms (HoTs) can be such a HoT topic

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If a landlord wants to grant and a tenant wishes to take a lease of a commercial property, then ideally the parties should set out the main terms of what they foresee will form part of the lease. Effectively the HoTs is the skeleton of what the contractual...

BAKERLAW VS FISHFINACIAL - FOOTBALL MATCH SUMMARY

Gemma McBride
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So there we all were. It was a cold winter night. The rain and wind were beating down on us, but we were undeterred. A feeling of determination began to sweep between the players. We could do this. The game started quickly with a goal from Fish Financial...

Home Extensions and Conversions

Mark Ridley
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Home Extensions and Conversions – Avoiding the Nightmare Scenarios Moving house can be stressful, expensive, and difficult, particularly in a tough market.  Home renovation projects offer an alternative and they seem to be as popular as...

Rectifying a commercial contract

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Rectifying a commercial contract, how do the Courts do it? If you are the owner of a business, it will be common for you to work with commercial contracts. It is important to note that the terms of a contract do not have to be written down to bind parties...

Is vegetarianism a protected characteristic

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Is vegetarianism a protected characteristic under the Equality Act 2010? This was the question that a recent Employment Tribunal had to answer when Mr Conisbee, a waiter at a hotel, brought a claim against his former employer, Crossley Farms Ltd claiming...

Are you selling a haunted house?

Kevin Duffy
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Not so long ago, BakerLaw had the pleasant surprise of being asked to confirm whether the property our client was selling was indeed haunted and if so, what plans were in place to deal with said haunting. To make matters even more strange, the buyers...

Child arrangements for the holiday period

Wendy Armstrong
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It’s never too early to think about child arrangements for the holiday period It is the time spent with family during the holiday season that makes it such a special time of year. However, for some families the time leading up to the holidays can...

How do businesses or individuals get their money once they have a judgement

Danielle Dyer
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The overall objective of those who bring a money claim, is to recover their money from their opponent (‘the Defendant’), but unfortunately obtaining the judgment is only the first step to achieving this objective. If you successfully obtain...

Data protection: Should businesses be worried?

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Data protection: Should businesses be worried? With British Airways (BA) and Marriott receiving notices of proposed fines from the Information Commissioner’s Office (ICO), the regulatory body that enforces data protection policies in the UK,...

Did the 'Queen of Soul' leave a valid Will?

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Did the ‘Queen of Soul’ leave a valid Will? Aretha Franklin died on the 16th August 2018 at the age of 76 after an ongoing battle with pancreatic cancer. Recent news reports have now revealed that a handwritten Will has been discovered under a...

You're fired! - have you been unfairly dismissed?

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When an employee is dismissed from their employment, it is natural for that person to feel as if they have been treated unfairly. An employer is entitled to dismiss an employee provided they can show that the reason for the dismissal was one of five...

Why use a Solicitor to write your Will?

Hannah McGavin
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Why use a Solicitor to write your Will One of the benefits of using a solicitor to write your Will is the level of protection and security that there is for the client. There are many unregulated options available to write a Will, including DIY Wills,...

Who will make the decisions if you can't?

Hannah McGavin
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Who is going to make decisions for you when you can’t? The answer may surprise you…. If something was to happen to you and you couldn’t make decisions about your finances or personal wellbeing, your family or friends would be able to...

The Parent Trap

Wendy Armstrong
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Do you know your rights as a step-parent? In the ever changing landscape of society, it is now commonplace for parents of children to separate or divorce, making room for new relationships and sometimes, new roles. The idea of step-parents and step-children...

Clarity when drafting is key - a lesson from the High Court

Danielle Dyer
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It is a business person’s nightmare when the contract they thought was sound and wind proof turns out to be open for interpretation. The High Court gives a stark reminder for the need for clarity when drafting. The recent case of Macquarie Capital...

How much do you know about cookies?

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What is a cookie? We’re not talking about the chocolate chip variety! A cookie is a small text file that is downloaded onto ‘terminal equipment’ such as a computer, when the user opens a website. This allows the website to identify...

Was covert recording by employee 'misconduct'?

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The advent of smartphones means that it could not be easier to make an audio recording of an internal meeting without the other party’s knowledge. Employees may feel confused and vulnerable and want the protection of recording exactly what the...

Are you working too hard?

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Do you feel physically and emotionally exhausted all the time and lack motivation at work? Do you have a demanding job that constantly makes you feel stressed? You could be suffering from ‘burnout’. The World Health Organisation (WHO) announced...

The Tenant Fees Act 2019: New obligations on Landlords

Danielle Dyer
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On the 1 June 2019, the Tenant Fees Act 2019 (‘the Act’) came into force which heralded big changes for landlords and tenants in respect of payments that landlords (or letting agents) can charge to tenants and the treatment of a tenant’s...

Is your business property in order? Part 3

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This is the last in a series of three articles encouraging businesses to ensure that their property paperwork is in order.  This week we consider additional ways to protect your business from unforeseen circumstances and how to enhance your...

Today is National Aunt and Uncle's day - What are your flexible working rights?

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The 26 th July is recognised as Aunt and Uncle’s day in the United States, and what better way to celebrate than by spending time with nieces and nephews. If you’d like to make the arrangement more permanent but can’t because of your...

When do you need a Lasting Power of Attorney?

Amy Nelson
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Not when you think you do. By the time people think about it, it is often too late. Lasting Powers of Attorney (LPA) are often only associated with the elderly, but mental and physical incapacity can happen at any time. Whether through illness or accident,...

Is your business property in order? Part 2

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My last article was the first in a series of three encouraging businesses to ensure that their property paperwork is in order, to try and future proof against all eventualities, especially given the uncertainty around the exact terms and...

Perception of disability gave rise to discrimination

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The Court of Appeal has handed down its first judgment in a case concerning disability discrimination by perception. In the case of Chief Constable of Norfolk v Coffey , Coffey, a police officer, brought proceedings against the Chief Constable of...

How is divorce different for the over 65s?

Wendy Armstrong
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Divorce rates in the UK hit a 45-year low in 2018. This massive reduction was not due to the prevailing health of relationships but rather, can be attributed to the decrease in couples actually choosing to get married. As the number of applications has...

Kevin Duffy, Head of Property, gives his thoughts on his first three months at BakerLaw

Kevin Duffy
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We asked Kevin to reflect on his first three months at BakerLaw. Here’s what he had to say: How have you found your first three months? I have really enjoyed my first three months working at BakerLaw, in fact, I can’t quite believe three...

Was post-termination restriction a restraint of trade?

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The Supreme Court has overturned the decision of the Court of Appeal in the case of Tillman v Egon Zehnder Ltd , a case concerning the enforceability of a non-competition clause in an employee’s contract of employment. Non-competition clauses are...

Raising the roof on bats!

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The UK currently has 18 species of bat making their homes within its borders. Surprisingly however, a lot of people are unaware that all bats and their roosts are legally protected, by both domestic and international legislation.  ...

Commercial & Employment Newsletter - June 2019

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Knowledge of disability at appeal stage should have been considered. Is there a right time to sell? Planning for retirement as a...

Employment Solicitor and Associate, Emily Yeardley delivers presentation on Employment Law and Occupational Health Legal Basics

Gemma McBride
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Emily Yeardley was invited to present at KML Occupational Health’s (KML OH) Team Workshop on Friday 28 th June 2019.   KML OH is an occupational health provider that provides services and medical assessments to over 4,000 employees. Occupational...

Is your business property in order? Part 1

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Given the current uncertainty around the exact terms and implications of Brexit, it is probably even more important for businesses to ensure that their property paperwork is in order, to future proof against all eventualities. Although business sales, buy...

Compensation uplift for one-off act of racial discrimination

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In the case of  Base Childrenswear Ltd v Otshudi , the Employment Appeal Tribunal (EAT) has held that a Tribunal is not confined to making an award for injury to feelings from the lower band of the Vento bands where there is a one-off act of racial...

Work Experience at BakerLaw

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BakerLaw was fortunate enough to be joined by Georgie Barrow for work experience. She has reflected on her experience and learnings: “My two weeks of work experience at BakerLaw has provided me with invaluable insight into different legal practice...

Knowledge of disability at appeal should have been considered

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In the recent case of  Baldeh v Churches Housing Association of Dudley and District Ltd , Baldeh was dismissed following the expiry of her probationary period, for concerns relating to her performance. During the appeal process, Baldeh disclosed...

How long do I have to bring an employment tribunal claim?

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For a dismissal claim such as unfair dismissal, an employee has 3 months less one day from the last day of employment to bring a claim in the employment tribunal. For a discrimination claim, an employee has 3 months less one day from the last act of...

What is the benefit of having a rent deposit?

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Most landlords expect some form of security from tenants who are new companies, either in the form of a personal guarantee from one or more of the directors, or by the tenant providing a rent deposit (for the landlord to use in the event of non-payment of...

The right time to sell: planning for retirement as a business owner or shareholder

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Retirement is something that many look forward to.  For those who have invested years of hard work into a business to make it a success, it is a time to reap the rewards.  One could be forgiven for wanting to expedite the whole process and book a...

Are you bordering on resolution?

Mark Ridley
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Land borders have a rich but unfortunately volatile history. We might be tempted to think that we live in relatively peaceful times, and that could well be true, however, few would deny that landlocked nations defined by lines drawn on a map have...

Let us do the heavy lifting, while you focus on moving!

Kevin Duffy
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If you have decided that now is the time to sell or buy a property, you may find yourself feeling a little overwhelmed. Well, here is a little guide to help you start the process, as stress free as possible.   Estate Agents Estate agents help...

How do you get your money once you have judgment?

Danielle Dyer
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The overall objective of those who bring a money claim, is to recover their money from their opponent (the Defendant), but unfortunately obtaining the judgment is only the first step to achieving your objective. If you successfully obtain judgment, the...

Could saving now cost your family dearly in the future?

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As we all feel the pressures of rising costs, it is easy to forget the importance of ensuring that our families are provided for, should something happen to us. Wills are probably one of the most important documents we make, the contents of which have a...

Are you being bullied in the workplace?

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Employees spend most of their time at work and in the company of their colleagues. Unfortunately, bullying in the workplace is more common than we would like to believe and can create an uncomfortable and unhealthy working environment.  Bullying at...

Don't Neglect Your T&Cs!

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Inevitably, all businesses will have different priorities from one another in terms of income generation and business development. These can range from product and brand development, to increasing market share, increasing revenue, or growing client lists....

Business owners - who will run your business if you can't?

Amy Nelson
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If you are a business owner; do you know what would happen if you were physically or mentally incapable of running your business? Who would take over and step into your shoes? Many people create Lasting Powers of Attorney (LPA) for their personal property...

No need to point fingers as Government reforms divorce laws

Wendy Armstrong
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Divorce laws in England and Wales are finally set to change after the Government has announced plans to reform the traditional fault-based system by implementing a new ‘faultless’ regime. Under the current rules, couples must prove that their...

Employment legislation rules the roost - directors liable for exploiting chicken catchers

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The directors of DJ Houghton Catching Services Limited were found liable for exploiting their chicken catcher employees and subjecting them to intolerable living conditions. Directors owe various duties to their company, as well as its shareholders,...

Why should you use a solicitor for probate?

Amy Nelson
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Choosing lawyers to handle the often complex probate process ensures a high level of service and expertise, plus it guarantees client protection. The probate process always involves numbers and often involves tax.  Lawyers are conversant in...

Can an employment tribunal remove an online judgment?

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Employment tribunal judgments and written reasons have been published online since February 2017. The publication of such judgments is likely to be a key consideration when deciding, in the case of a employee, whether to litigate and in the case of both the...

BakerLaw makes two internal promotions

Gemma McBride
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BakerLaw is delighted to announce the promotion of two of its own with Wendy Armstrong now taking the lead as the new Head of Department for Family and Gemma McBride taking on a new role as Practice Manager. Wendy Armstrong celebrates 10 years with the...

#AD: New Guidance for Influencers

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In November we wrote about the guidance published by the Advertising Standards Authority (“ ASA ”) clarifying the rules that apply to social media influencers.  Now, further guidance on the rules regarding social media endorsements has...

BakerLaw joined by high profile Farnham property lawyer

Gemma McBride
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The Partners of BakerLaw are delighted to announce the arrival of Kevin Duffy as a Partner to head their Property Department.  Kevin will be well-known as a former Partner of Hadfields Butt and Bowyer. Amanda Glover, Managing Partner says “Kevin...

Brexit versus the Property Market: Reality Check

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With the Brexit deadline of 29 March 2019 fast approaching, the whole of the UK is still looking for answers and certainty. One question we are being asked - how stable is the property market? Recent media coverage seems to follow a similar theme stating...

Will you get to see your children on Mother's Day?

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Some mothers are preparing to get pampered this Mother’s Day whilst for others the occasion only provides a reminder that they may not see their children on this special occasion. In contrast, parents may find that the occasion brings to the forefront...

Fitness for Human Habitation

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On 20 March 2019 the Homes (Fitness for Human Habitation) Act 2018 (“the Act”) came into force, which will affect all leases created after this date.  The Act amends the current fitness for human habitation requirement found in the...

Who should you instruct for an Inheritance Dispute?

Mark Ridley
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Recently, in the case of Cowan v Foreman & Ors  a widow has been refused permission to claim against the estate of her late husband after filing her application nearly 17 months out of time. This judgment made clear that the court would...

What to expect when you're expecting

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Being pregnant is an exciting and memorable time in a woman’s life, but it can also result in additional stress as some expectant mothers juggle work with nausea, discomfort, pain, antenatal appointments, financial concerns and job security worries. ...

BakerLaw successful with Lexcel re-accreditation

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Following a visit from an independent Lexcel assessor, BakerLaw is pleased to announce that the Firm has passed the re-accreditation process retaining its quality mark for practice management and client care. As one of only 1,700 firms in the UK and the...

Do I have a Lease, Licence or a Tenancy at Will?

Danielle Dyer
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There are certain ways in which a tenant may occupy a property; either by lease, licence or a tenancy at will. But how do you tell the difference and why does it matter how the property is occupied? This article provides an overview on the key features and...

Is divorce really only a click away?

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The UK government intend to implement a number of changes within the Divorce system. These include making amendment to the archaic fault based divorce system as well as using technological advances to improve the efficiency of the system and ultimately bring...

Mandatory itemised payslips for all workers coming soon!

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From 6 th April 2019 employers will be required to provide all workers with an itemised payslip. Current legislation requires employers to provide itemised payslips to ‘employees’ for each pay period showing gross pay and any deductions made. ...

Financial Abuse of the Elderly

Amy Nelson
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Sadly, it's a stark reality that financial abuse of the elderly is becoming more and more prevalent. Recent data revealed that those aged over 65 are those most at risk from being targeted. When an Attorney starts to act on behalf of the Donor (the...

What must a claimant do to prove they are disabled?

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Mrs Nissa was employed by Waverly Education Foundation Limited and worked at a School as a Science Teacher. She was employed from September 2013 until her employment ended on 31 st August 2016 by reason of her resignation. She brought claims of disability...

Did employer know that its employee was disabled?

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Mrs Lamb was employed by a School, The Garrard Academy from September 2010 but was dismissed on grounds of ill-health on 25 February 2014. She brought claims of unfair dismissal, race and disability discrimination to the employment tribunal. Mrs Lamb went...

Attorney Support Newsletter - Winter Edition 2018-19

Amy Nelson
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The latest edition of our Attorney Support Services newsletter is out now and the focus is on financial matters. The newsletter includes an article on financial abuse and what to look out for when protecting our loved ones. It also includes details of a...

As Andy Murray considers retirement, we consider age discrimination

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Tennis legend Andy Murray (aged 31) has revealed plans to retire once he has competed in Wimbledon this year, as a result of his ongoing recovery from hip surgery. As Andy Murray is a professional athlete, he is entitled to retire at whatever age he...

Preparing for Brexit? Have you thought about your business' contracts?

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With the 29 th March 2019 fast approaching, it is, for good reason, becoming increasingly difficult to avoid the “B” word.  In this article, we consider contractual measures that businesses may consider implementing in their preparations...

Stamp Duty Land Tax (SDLT) Update

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On 1 March 2019 the deadline for filing Stamp Duty Land Tax returns and paying SDLT will be reduced from 30 days to 14 days following completion. Buyers and tenants will therefore need to ensure that they are able to meet this tighter deadline to avoid...

Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC

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Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC For landlords, the greatest priority in the short term is likely to be maximising returns. However, with Brexit looming and the risk of uncertain markets, it is worth...

Did your Valentines Day 'sparkle' this year?

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For some, champagne indulgences and red rose bouquets will be enough, but for the lucky few, Valentines Day provides the ultimate stage for a romantic proposal.    If you were lucky enough to get a bit of sparkle this Valentines Day, we...

Is there enough protection for whistle-blowers?

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Emily Scott, a former trainee solicitor, reports that she feels let down by the Solicitors’ Regulation Authority (SRA), the legal professions’ regulatory body, after she was struck off alongside two partners who she ‘blew the whistle...

Landlord's Intention Under Ground (f)

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Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954 (LTA 1954) states that the landlord can oppose a lease renewal if: "... on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised...

Commercial & Employment Newsletter - January 2019

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: It's not all about the 'B" word - Employment law changes in 2019 Even the coldest of winters cannot freeze the desire...

How do I forfeit a Commercial Lease?

Danielle Dyer
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If a tenant is in breach of a commercial Lease and you no longer wish for the Lease to continue, one option that you have as a Landlord is to forfeit the Lease. This article provides you with an overview of how a Landlord can forfeit a commercial Lease....

The World's Most Expensive Divorce

Wendy Armstrong
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It has been reported that the world’s richest man, Jeff Bezos, has separated from and intends to divorce his wife of 25 years, MacKenzie Bezos. The Amazon founder and CEO has a net worth of approximately $137 billion causing people to speculate as to...

It's not all about the 'B' word - Employment law changes in 2019

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As a new year begins, we bring news of the employment law changes expected in 2019 and beyond. Although Brexit is, of course, the hot topic of legal uncertainty to look forward to this year, there are also other employment developments that should not be...

New Year, new you? Managing mental and physical illness at work

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As we welcome 2019 and vow to stick to our New Year’s resolutions, the return to work can be a very stressful and often dreaded time of year. The New Year can bring with it various physical and mental impairments that employers should remain vigilant...

As a Tenant, what should your New Year's Resolutions be for 2019?

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Now that the festive delights of Christmas are over, January 2019 heralds the start of an uncertain new year for Britain, with only a couple of months to go until Brexit.  As it is currently unclear what the economic climate will look like moving...

Even the Coldest of Winters Cannot Freeze the Desire for Town and Village Greens

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Anyone can apply to register land as a town and village green under the Commons Act 2006, where a significant number of the inhabitants of any locality, or of any neighbourhood within a locality, have indulged as of right in lawful sports and pastimes on the...

For better or for worse Divorce Day is on our doorstep

Wendy Armstrong
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The first Monday of every new year has been tagged National Divorce Day as law firms all over the country are inundated with divorce enquiries after the pressures of the holiday season take their toll on relationships. The media sometime attribute this rise...

Brexit and the housing market

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Since 2016 there has been much talk about Brexit and the UK’s deal on departure. One of the biggest issues people face is the uncertainty of it all; one expert contradicts another, one MP’s comments differ from another, changes in the deal at...

"It's the most wonderful time for a beer" - Christmas party warning

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We are finally at that time of year where it’s considered socially acceptable to eat lots, drink plenty and be merry! With companies making plans or hosting their highly anticipated work Christmas parties, giving all employees the opportunity to relax...

Constructive dismissal - what does this mean?

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As most will be aware, an employer can terminate an employee’s employment either by giving notice or without notice where an employee is found to have committed an act of gross misconduct. However, an employer should have a fair reason for the...

Government delays application of Employer NICs to termination payments over £30k

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It’s good news for employers as the Government has announced that it has delayed plans (for a second time) to make termination payments in excess of £30,000 subject to employer national insurance contributions (NICS). This will now take effect...

Rocking around the Christmas Tree at BakerLaw

Gemma McBride
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It is that time of year again and BakerLaw has decided to get a Christmas tree with a cause. On Friday, 7 th December, our Associate and Head of the Private Client Department, Debbie Duggan headed out to the great outdoors in association with the...

Family Law Commuter Clinic comes to Farnham

Wendy Armstrong
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We appreciate that meeting your lawyer is not always easy, and for commuters this can be difficult to fit around the working day. In recognition of the logistical issues that can be posed by our busy lives, BakerLaw are launching a Family Law Clinic from...

Employee claims he was sacked for being vegan - is this discrimination?

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In landmark legal case, due to be heard in March 2019, an Employment Tribunal will be asked to consider whether veganism constitutes a philosophical belief. Jordi Casamitjana alleges he was dismissed by his employer, League Against Cruel Sports (the...

Marriott exposed to massive data breach

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It has recently been reported that hackers stole the personal data of as many as 500 million guests who had made reservations using Marriott’s Starwood booking system. The personal data which has been the subject of the breach includes guest’s...

J.K. Rowling dismisses Personal Assistant for gross misconduct

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Harry Potter author, J.K. Rowling dismissed her Personal Assistant, Amanda Donaldson in April 2017 for gross misconduct. Ms Donaldson is reported to have used her business credit card to shop at high end stores such as Jo Malone and Molton Brown,...

BakerLaw wrap up warm for their Winter, Wine and Walk social event

Gemma McBride
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On Sunday 25 th November 2018, BakerLaw colleagues and their families wrapped up warm and went for a brisk walk across the countryside (accompanied, of course, by our canine friends). Upon our soggy return, we all feasted on an array of delicious food and...

Our Associate, Emily Yeardley delivers presentation on managing capability in the workplace

Gemma McBride
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Our Associate, Emily Yeardley was invited to speak at The Association of Chartered Physiotherapists in Occupational Health and Ergonomics (ACPOHE) study day on Friday 16 th November 2018. The ACPOHE is a professional network for the Chartered Society...

Commercial and Employment Newsletter - November 2018

  • Posted

We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Who can be liable for dismissing a whistleblower? Is your property fit for a visit from Father Christmas? New Rules for influencers...

Who can be liable for dismissing a whistleblower?

  • Posted

The Court of Appeal has confirmed in the recent case of Timis v Osipov [2018] EWCA Civ 2321  that individuals can be personally liable for the unlawful dismissal of a whistleblower. A whistleblower is an individual who discloses wrongdoing within an...

Further awards success for Farnham-based law firm, BakerLaw LLP

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BakerLaw LLP and its Managing Partner, Amanda Glover received further recognition of the hard work and dedication to the legal profession last week by being awarded ‘Law Firm of the Year’ and ‘Managing Partner of the Year’ at the...

Resolution's Good Divorce Week 2018

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Resolution is a body of family lawyers and other professionals who aim to provide a constructive, non-confrontational approach to family matters whilst also campaigning for improvements to the family justice system. In a Resolution led campaign, ‘Good...

New Rules for Influencers from the Advertising Standards Authority

  • Posted

The advertising landscape changes quickly; those in the industry are constantly looking for novel and captivating ways to reach their desired audiences. This has led to an influx of brands working with influencers  to promote various products and...

Corporate and Commercial heavy weight joins BakerLaw

Gemma McBride
  • Posted
  • Author

We are delighted to strengthen our Corporate and Commercial department with the appointment of Simon Porter as Head of Corporate and Commercial. As a recommended solicitor in The Legal 500 with over 25 years of experience, Simon has been described as having...

What do you need to establish to prove disability under the Equality Act 2010?

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To be considered disabled, you must have a physical or mental impairment that has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. People who suffer from cancer, HIV or multiple sclerosis are...

Unmarried couples: the rights of their children

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The rights of the children of unmarried parents are forever changed after a landmark ruling in the Supreme Court. Facts A mother of four, Siobhan McLaughlin, lost her long-term partner of 23 years in 2014. The couple had never been married but did,...

Could the menopause be a disability under the Equality Act 2010?

  • Posted

Today marks World Menopause Day, a day designed to raise awareness for women who face health issues when approaching, during and beyond the menopause. With three quarters of women saying that the menopause caused them to change their life and over half say...

Best Professional Services Firm 2018

Gemma McBride
  • Posted
  • Author

The  Surrey Business Awards took place last week at Epsom Downs Racecourse and we are delighted to announce that BakerLaw won the Award for 'Best Professional Services Firm’. The awards ceremony was hosted by well-known comedian and host of...

Proposals designed to increase workplace flexibility

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The government is considering introducing a duty on employers to consider whether a job can be performed flexibly, and to make that clear when advertising. The potential introduction of further flexibility within the workplace is designed to support those...

World Mental Health Day - Could a four-day working week help reduce stress in the workplace?

  • Posted

The World Health Organisation  recognises World Mental Health Day every year on the 10 th October. This day is designed to raise awareness of mental health conditions and how it can affect people’s lives. A recent survey conducted by charity,...

Success at the Surrey Law Society Awards 2018

Gemma McBride
  • Posted
  • Author

The inaugural Surrey Law Society Awards took place last week at the Mandolay Hotel in Guildford and BakerLaw were proud to be in attendance as nominees. BakerLaw had the honour of being nominated for the 'Business Growth' Award and 'Law Firm of...

The Parental Bereavement (Leave and Pay) Act 2018

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Further to my previous article on Parental Bereavement Leave  on 16 th October 2017 , the government has now approved the Bill that provides employees a right to paid time off (Parental Bereavement Leave) on the death of their child. The Parental...

Commercial & Employment Newsletter - September 2018

  • Posted

We recently circulated our Commercial and Employment Update containing the following articles and news: What are you trading as?: Companies What happens if an employer doesn't respond to an employment tribunal claim? Can an...

How many allegations of discrimination can an employee allege?

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In recent case Tarn v Hughes & Ors UKEAT/0064/18/DM , the Employment Appeal Tribunal (EAT) overturned the Tribunal’s order that a GP was only entitled to pursue the ten most serious and recent allegations of sex and pregnancy discrimination. ...

Buying property following negligent advice

Mark Ridley
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  • Author

When faced with a professional who is proven to have given negligent advice, a court’s first objective will be to try and make an award which places the claimant in the position they would have been in, had the professional not been negligent. This...

Amanda Glover, BakerLaw LLP wins National Award

  • Posted

Every year, the Chartered Institute of Legal Executives (CILEx) hosts the inaugural National Awards celebrating the best and brightest in the legal profession. The Awards ceremony brings together the heavy weights in the legal world to celebrate exceptional...

Attorney Support Newsletter - Autumn Edition

Amy Nelson
  • Posted
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The latest edition of our Attorney Support Services newsletter is out now. The focus is on Health & Welfare. It covers information on when an attorney can act under a Health & Welfare Lasting Power of Attorney and what types of decisions they can...

Amanda Glover, Finalist for Visionary Leadership Award 2018

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We are delighted to announce that our Managing Partner, Amanda Glover is one of two finalists for the Visionary Leadership Award at the CILEx National Awards 2018 .  The CILEx National Awards showcase and celebrate the excellent work, and...

Financial settlements on divorce: Can you protect yourself?

Wendy Armstrong
  • Posted
  • Author

On the 18 th August 2018 more couples got married in the UK than any other day this year. Some of these couples will have implemented a pre-nuptial agreement before they tied the knot to protect themselves financially in the event the marriage comes to a...

The effects of Owens v Owens: Watch this space

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Following our article, ‘ Will Mrs Owens be forced to remain in an unhappy marriage? ’, the Supreme Court handed down its highly anticipated judgment in Owens v Owens  where the judiciary reluctantly found that Mrs Owen’s petition...

What are you trading as? (3/3): Unincorporated Associations and Community Interest Companies

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Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...

What happens if an employer doesn't respond to an employment tribunal claim?

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There are various claims an employee can bring against their employer at an Employment Tribunal. Once a claim has been issued, the Employment Tribunal will send a copy to the employer to give them an opportunity to defend or respond to the claim. Following...

What are you trading as? (2/3): Companies

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Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...

Make a Will Fortnight

  • Posted

BakerLaw LLP are again delighted to be participating in Phyllis Tuckwell’s ‘Make a Will Fortnight’  from 10 th to 22 nd September 2018.   The  Private Client Team  will write a basic  Will or update an...

What are you trading as? (1/3): Sole Traders and Partnerships

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Simply ‘setting up a business’ is not as straightforward as it might sound. There are a multitude of ways in which a business can go about its operations and a variety of factors which should be considered in weighing up this decision. The...

Should you be getting paid to sleep?

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The Court of Appeal has handed down a landmark judgment in Royal Mencap Society v Tomlinson-Blake where a carer challenged her employer’s policy to pay her a fixed sum, significantly lower than the National Minimum Wage (NMW), for time spent sleeping...

Parent Companies: responsible for the activities of their subsidiaries?

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A key characteristic of limited companies is their distinct legal identity. An important result of this is that any liability incurred by a particular company is against that company alone – not against its members or of a company within the same...

The dangers of a 'cheap' Will

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A recent article has highlighted a service offered approximately 15-20 years ago by some banks and other financial organisations where customers were offered a reduced or free Will service. The banks and other financial organisations could afford to offer...

LPA Refund Success!

Amy Nelson
  • Posted
  • Author

Following the Government’s announcement that it is possible to claim a refund on the registration fee for Powers of Attorney registered in England and Wales between 2013 and 2017, we wrote to all our clients to make them aware of the refund and...

Is this the end of a "meal ticket for life"?

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The recent Supreme Court ruling Mills v Mills found in favour of the husband, Mr Mills. Following a 15-year marriage, Mr and Mrs Mills divorced in 2002. The agreed financial settlement gave Mrs Mills a £230,000 capital sum and monthly payments of...

What happens if you struggle to arrive at work on time due to childcare responsibilities?

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A freelance teacher, Mrs Bradley, has successfully appealed a finding by an employment tribunal that she was not subjected to discrimination by requiring her to arrive at work by 8.45am. Bradley had consistently struggled to arrive at the required time...

The Incapacity crisis - a nation unprepared

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For many of us life is incredibly full with a number of pressures on our time, whether that is looking after children, running a household and/or business, working as well as maintaining relationships and caring for our older relatives.  As a society we...

Commercial and Employment Update

  • Posted

We recently circulated our Commercial and Employment Update containing the following articles and news: What you don't know can't hurt you? The employment tribunal thinks otherwise Why bother with a shareholders' agreement? Was...

Contractual Variation Clauses

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Whilst it is not unusual for lawyers to labour over the minutia of contractual construction for hours on end, it is important to realise that contracts are rarely set in stone and a change in the commercial realities of businesses can warrant a contract...

Part-time working as an alternative to dismissal?

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In Ali v Torrosian and others (t/a Bedford Hill Family Practice) UKEAT/0029/18 , the Employment Appeal Tribunal (EAT) considered whether the tribunal had fallen into an error of law by not considering whether the employer could have achieved its...

Limited Discretion to Depart from Part 36 costs convention

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Recently in the case of Tuson v Murphy, the Court of Appeal overturned the decision of the High Court which had ordered that the Claimant should pay legal costs going back a previous year and a half, to when she purportedly began to mislead the Defendant...

Bridging the Gaps in Commercial Contracts

Mark Ridley
  • Posted
  • Author

A contract is an agreement which the law considers to be enforceable.  It can be made up of express terms (terms that are stated orally or in writing) and terms which may never have been stated but can be deemed to be implied. A party to a contract may...

Civil partnership granted to heterosexual couple

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Are we about to see a change in the law after Supreme Court ruling granted Rebecca Steinfeld (37) and Charles Keidan (41) the right to have a civil partnership? The Civil Partnership Act 2004 was introduced to grant same-sex couples the same legal rights as...

Balancing employment and caring responsibilities

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Following our recent article: Carers: who cares when you can’t?  posted during Carers Week, we are pleased that the Department for Health and Social Care has published a two-year action plan to support carers, and in particular those who are...

Why bother with a shareholders' agreement?

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Whether you are starting a new business venture, or if you have an existing business and simply never got around to it, the importance of having a shareholders’ agreement in place cannot be understated. What is a shareholders’ agreement? A...

What you don't know can't hurt you? The employment tribunal thinks otherwise

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In the decision of City of York Council v Grosset the Employment Appeal Tribunal (EAT) has upheld a claim for disability discrimination despite the fact that the employer was not aware of the disability at the time the discrimination took place.  ...

Supreme Court dismisses appeal against Plumber's worker status

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On 13 th June 2018 the Supreme Court dismissed an appeal by Pimlico Plumbers and upheld rulings (by the Employment Tribunal, the Employment Appeal Tribunal and the Court of Appeal) that a plumber was a worker for the purposes of the Employment Rights Act...

BakerLaw presents Power of Attorney Information Session

Amy Nelson
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  • Author

BakerLaw were invited by local business, Berkeley Home Health, to present a Power of Attorney information session to their care managers at their Abbey Business Park office in Farnham. Berkeley Home Health are a specialist provider of home care services...

Carers: Who cares when you can't?

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This week is Carers Week which is an annual campaign to raise awareness and highlight the challenges carers face.   There are approximately 6.5 million people in the UK who are caring for a friend or family member.  It is extremely important...

Engaging with Ageing - Advice Service

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Debbie Duggan, an Associate in our Private Client Department has teamed up with Alastair Shanks of Right at Home and Roseanne Finch, Manager of TGA Living to provide an advice service specifically for older people in Farnham and the surrounding areas. ...

Will Mrs Owens be forced to remain in an unhappy marriage?

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Renewed pressure has been put on the legal system to reform family law and introduce a “no-fault” based divorce system. The Hearing for high profile divorce case Owens v Owens was heard before the Supreme Court on 17 th May 2018. Mr and Mrs...

Take action during Dementia Action Week

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The Alzheimer’s Society have reported that there are 850,000 people with dementia in the UK, with numbers set to rise to over 1 million by 2025. This will soar to 2 million by 2051. This week is Dementia Action Week and The Alzheimer’s...

Minimum Energy Efficiency Standards (MEES)

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On 1 April 2018 it became unlawful for landlords to grant new or renewal leases/tenancies of any property which has an Energy Performance Certificate (EPC) with less than an “E” rating unless an exemption has been registered or the property is...

Barbara Windsor - Living with Alzheimer's

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Being of a generation who have fond memories of watching various films featuring Barbara Windsor, I am saddened by the  news that Barbara has been living with Alzheimer’s disease and my thoughts are with Barbara and her family whilst they continue...

Don't Tweet and Drive

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Most people are fully aware that as a driver of a vehicle we are not permissible to use a mobile phone whilst driving.  However, most people are not aware that it would be an offence to supervise a holder of a provisional licence whilst using a...

Will no-fault divorce ever be a reality?

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In its recent annual conference, national Family Law body Resolution again campaigned for the introduction of a no-fault divorce. As it stands, couples can only get divorced if they blame one party for the breakdown of the marriage. The only grounds where...

More rights for cohabitants?

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The recent case of Thompson v Raggett has seen the High Court rule in favour of cohabitant Joan Thompson, awarding her reasonable provision from her late partner’s estate. The facts Ms Thompson, aged 79, had been in a relationship with Wynford...

Precedent S - Electronic Bill of Costs - Legal Update

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Since 6 April 2018, it has been mandatory for the new Electronic Bill of Costs (Precedent S) to be used for all Part 7 Multi Track matters in respect of costs incurred after this date, which replaces the traditional paper bill of costs. The electronic bill...

BakerLaw walking in support of access to justice

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We are hoping for more sunshine on Monday 21 st May 2018 when colleagues from both our Farnham and London offices will participate in the London Legal Walk. We will be walking 10 km through London with the Lord Chief Justice and thousands of lawyers in...

Corporate Transaction Series (5/5): Post-Completion

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Completion will be a significant milestone in any transaction, however it is important to bear in mind that there will still be much to do in order to best ensure that the deal will be a success. Arguably, much of the hard work will have been done, however...

A technical revolution?

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A technical revolution? We are thrilled to be sponsoring the after party at the WXG conference at the Guildford Harbour Hotel on 26 April 2018. WXG brings together inspirational and technical industries for a one-day conference. Its engaging speakers...

Judge moves to end "meal ticket" divorce rulings

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In a landmark judgement, the Court of Appeal has ruled that divorcee Kim Waggott will only be entitled to three years spousal maintenance from her ex-husband multimillionaire William Waggott, overturning the original judgement that saw Mrs Waggott receiving...

Are you ready for the GDPR?

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Data protection and cybersecurity are subjects that are making ever more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25 th  May 2018 and the Government confirming...

Was decision to dismiss employee related to her pregnancy?

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Where an employer decides to dismiss an employee without knowledge of the employee’s pregnancy but it discovers, prior to dismissal, that she is pregnant, a tribunal may be asked to consider whether the dismissal was related to the employee’s...

Corporate Transaction Series (4/5): Disclosure

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Having considered warranties in the context of the share purchase agreement (SPA), we now look at how the disclosure process naturally follows on from this and the necessity of considering the two together. What is the disclosure process? Disclosures are...

Further Blow to Litigants in Person

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The High Court has delivered a firm reminder to litigants in person (persons without legal representation) that the law will not be moulded for their convenience.  In the recent decision of  Reynard - v- Fox , Mr Reynard, a litigant in person,...

The New Telecommunications Code- The Price that Landowners Pay for a Good Signal

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Most people have at least one mobile telephone these days and understand the frustration caused by a bad or intermittent signal.   To provide a signal, however, operators need enough sites for masts and equipment.   With the bad publicity...

Where does the liability fall with KFC's chicken shortage?

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If you’ve been keeping up with the news this week, it will have been difficult to miss the furore which has ensued following the closing of hundreds of KFC restaurants up and down the country. The cause of this – reportedly costing the chain...

A warning for would be litigants in person

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Following the Supreme Court ruling in the case of Barton v Wright Hassall , it is evident it is important to obtain legal representation.  In this case Mr Barton, a litigant in person, failed to seek confirmation that the Defendant’s Solicitor...

Zero Points for Hindsight: ending a contract the right way

Mark Ridley
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  • Author

Choose your words carefully.  That was the message from the High Court recently in the high-profile case of Phones 4u Ltd (In Administration) v EE Ltd .  The court ruled that EE were not allowed to claim damages arising from alleged breaches of...

Haven't got around to making a Will?

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If you haven’t yet got around to making a Will why not take this opportunity to do so?  If, like me, you are wondering where 2018 is disappearing to as we near the end of February, it may be an opportunity to think about when you made your...

First intake of trainees to qualify at BakerLaw

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BakerLaw LLP First intake of trainees to qualify at Farnham Solicitors BakerLaw. BakerLaw are delighted to announce that from their first intake of trainees to qualify, Farhana Ahmed has been retained by the firm qualifying into her specialist area of...

Do I qualify for a refund on my registration fee for my Power of Attorney?

Amy Nelson
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  • Author

If you made a Lasting Power of Attorney (or registered an Enduring Power of Attorney) between 2013 and 2017 then read on as you could be entitled to a refund on your registration fee….   Who is entitled? The Government have announced...

Landlords: Do you wish to avoid the new minimum energy efficiency standards?

  • Posted

The Energy Efficiency (Private Rented Property) Regulations 2015 (the Regulations) come into effect on the 1 April 2018.  It will be unlawful for a landlord of residential property to grant a new tenancy of property with an Energy Performance...

Changes to Data Protection law in the UK: The GDPR

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Data protection is an issue that is making ever-more frequent appearances in news headlines, and with the implementation of a new EU-wide framework for data protection law in 2018, this should not be expected to change any time soon.  What is the...

Corporate Transaction Series (3/5): The Share Purchase Agreement

  • Posted

In our third instalment of our corporate transaction series, we consider the significance of the share purchase agreement within the context of the transaction. What is a share purchase agreement? A share purchase agreement (SPA) is the agreement that...

BakerLaw and ThinkMarble: GDPR breakfast seminar

  • Posted

Data protection is an issue that is making ever-more frequent appearances in news headlines. With the deadline for compliance with the General Data Protection Regulation being set at 25th May 2018, businesses found to be in breach of the new regulations...

What is the effective date of termination?

  • Posted

When considering Employment Tribunal Claims a key point to be established is the Effective Date of Termination (EDT). This date marks the end of the period of continuous employment and is often the date on which the time limit for presenting a claim runs...

Give it a rest!

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Regulation 12 of the Working Time Regulations 1998 (WTR) entitles workers to take a rest break of not less than 20 minutes if their daily working time exceeds six hours. Mr Crawford, a relief cover signalman for Network Rail has brought an employment...

Corporate Transaction Series (2/5): Due Diligence

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In our second instalment of our corporate transaction series, we look at the vital role that the due diligence process plays in making a success of any transaction. Having made the decision to acquire a business, the buyer will want to maximise the...

BakerLaw LLP Employment News: Winter Edition

  • Posted

We have today circulated our quarterly Employment Law Newsletter. In this edition you can indulge in the following articles and news: A fresh start for the New Year - Are your employment documents in order? Key Employment Law dates for 2018 No males...

We passed our Lexcel re-accreditation

Gemma McBride
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  • Author

On Thursday 11 January and Friday 12 January 2018, we had our first Lexcel re-assessment since we attained the quality mark, three years ago. We are delighted to announce that we passed the Lexcel quality mark and have been re-accredited. What is Lexcel? ...

No males need apply for role at pizza restaurant

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A pizza restaurant, based in Ireland, has recently come under criticism for posting a job advert which specifies that the applicants should be female and requiring a photo. The manager who posted the job advert explained the reasoning behind the gender...

Corporate Transaction Series (1/5): Non-Disclosure Agreements

  • Posted

Over the coming weeks, our corporate transaction series will follow the key stages of a hypothetical share acquisition. We hope that this will provide some food for thought and highlight some key issues to be considered by anyone considering acquiring or...

In the Line of Fire: Non-Party Costs Orders and Group Companies

Mark Ridley
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  • Author

Have you considered liability for costs? Any person or company pursuing or defending a claim in litigation, must consider costs.  Not just their own, but also the costs of their opponent.  This is because courts can require one party to pay...

Exclusion Clauses in Commercial Contracts: The Reasonableness Requirement

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A recent case demonstrates the approach of the Courts in assessing the validity of exclusion clauses in commercial contracts… What is an exclusion clause? Exclusion clauses are contractual terms which attempt to limit liability to one party for...

Is mediation a mandatory requirement in civil legal proceedings?

Mark Ridley
  • Posted
  • Author

All business owners would agree that court trials can be expensive.  The costs are inflicted not just on the parties in dispute, but also on the court system, which, being part of the public sector, does not have endless resources to indulge...

Dotting the I's and crossing the T's: Terms and Conditions

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Inevitably, businesses will have different priorities from one another in terms of income generation and business development. These range from product and brand development to increasing market share and/or revenue or growing client lists. Whilst the...

Holiday Pay is King!

  • Posted

The Court of Justice of the European Union (CJEU) has handed down a landmark decision in King v The Sash Windows Workshop Limited C-214/16 relating to holiday pay which is bound to send a shiver down employers’ spines. What are the facts? Mr King...

The BakerLaw Christmas Tree 2017

Gemma McBride
  • Posted
  • Author

This year, instead of just going out and buying a Christmas tree, we wanted to do something worthwhile. Therefore, on Friday 1 December 2017, our very own, Debbie Duggan, Head of Private Client headed out to the great outdoors in association with the Surrey...

BakerLaw awarded Wills & Probate UK Law Firm of the Year

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I am pleased to announce that BakerLaw LLP has been awarded the Lawyer Monthly Legal Awards 2017 Wills & Probate UK Law Firm of the Year.  Debbie Duggan, Head of the firm's Private Client Department said: “I am delighted with the...

Workers' Rights

  • Posted

What’s the big deal? A worker’s employment status is relevant to the question of their employment rights. These differ depending on whether you are a worker, employee or self-employed. Worker A worker is an individual who undertakes to do the...

Autumn Budget 2017: What it means for you as a First Time Buyer

  • Posted

As of Today, 22 November 2017, stamp duty land tax has been abolished for first-time purchases of property up to the value of £300,000. If you are a first time buyer and the property you are purchasing is up to the value £500,000, you will be...

Press Release - Lasting Powers of Attorney

  • Posted

Head of Private Client Debbie Duggan  has defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse. Her article was published in the Farnham...

Applications open for Employment Tribunal Fees Refunds

  • Posted

Update: Following our previous report of 24 th  October 2017, which can be found here, the initial trial period for the refund of Employment Tribunals fees refunds has now ended.  The refund scheme is now open to everyone to apply if...

Coffee chain criticised over staff badge saying, I am new, kiss me.

  • Posted

Coffee chain Pret a Manger has faced heavy criticism across the media this week after an employee was spotted wearing a badge which said “I am new, kiss me”. Pret a Manger has stated that they “definitely don’t ask our employees to...

BakerLaw donates to New Ashgate Gallery

Gemma McBride
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  • Author

Just a short walk from our Farnham office is the New Ashgate Gallery. The Gallery shows great support to local artists and works closely with the University for the Creative Arts also based in Farnham.  “New Ashgate Gallery is a destination for...

Entire workforce made redundant

  • Posted

Sydney Hardy, Managing Director of Nippy Bus, dismissed his entire workforce by memo stating “ I have had enough and realise I cannot work with you, the people I employ, a moment longer ”.  He advised the staff that they should not turn up...

Thanks from Guatemala

Gemma McBride
  • Posted
  • Author

We are delighted to have received the photo below as a thanks from  Education for the Children Foundation  ​ (an international non-governmental organisation), following our recent instruction assisting the beneficiaries of the School of...

Invitation to host webinar on stress in the workplace

  • Posted

Emily Yeardley, Associate Employment Solicitor at BakerLaw LLP, has been invited to host a webinar for the Society of Occupational Medicine (SOM) on 11th December 2017.  The webinar is open to SOM members, please contact nick.llewellin@som.org.uk ...

Requirement to pass annual fitness test not discriminatory

  • Posted

The Employment Tribunal has recently heard a case ( Mrs R Tiffin –v- Chief Constable of Surrey ) brought by a police officer who resigned having repeatedly failed a fitness test. Ms Tiffin stated she had an underactive thyroid gland which was the cause...

Update: Tribunal Fees Refunds

  • Posted

Following the recent ruling that Employment Tribunal Fees are unlawful the Government has now announced its fees refund scheme. In addition to refunding all fees paid, 0.5% interest will be paid to claimants calculated from the date of the original payment...

The BakerLaw Charity Bake Off

Gemma McBride
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  • Author

Yesterday was a day full of cake (the best kind of day) for our offices as BakerLaw held a fundraising Bake Off in support of Phyllis Tuckwell Hospice. With more cake than we could eat in the one day, it provided a great chance for everyone to get involved...

Parental Bereavement Leave

  • Posted

A new bill has been published to introduce parental bereavement leave. The Current Position Under current legislation an employer has no obligation to allow parents paid time off to grieve if they have lost a child under the age of 18. Most employers are...

World Mental Health Day 2017

  • Posted

Mental health issues can affect anyone, any day of the year, but today marks World Mental Health Day, a day to show your support for better mental health and start looking after your own wellbeing.”  ACAS has estimated the cost of mental ill...

Winning Big at the Legal Awards

Gemma McBride
  • Posted
  • Author

We are thrilled to announce that not only has BakerLaw been named Symphony ‘Member Firm of the Year 2017’ at last night’s Symphony Legal Awards 2017, our Managing Partner, Amanda Glover has been named ‘Managing Partner of the Year...

London Calling for Expanding Law Firm BakerLaw

Gemma McBride
  • Posted
  • Author

While the calling to the bright lights of the city have been on the strategic roadmap for some time, the project was more about securing the right people and right place. The decision to open a second office was not about rapid growth but about servicing...

Winner of Professional Negligence Lawyer of the Year UK

  • Posted

We are pleased to announce that our Managing Partner, Amanda Glover has been awarded Professional Negligence Lawyer of the Year UK in the Finance Monthly Global Awards 2017. The Finance Monthly Global Awards recognise and celebrate companies and individuals...

Choose your words carefully

  • Posted

The recent Employment Tribunal case of Ms C Gomes v Henworth Ltd t/a Winkworth Estate Agents and Mr G Gold demonstrates the importance of thinking before you speak and choosing your words carefully to avoid the risk of discrimination claims. In this case Ms...

BakerLaw LLP Supports Phyllis Tuckwell's 'Make a Will Fortnight'

  • Posted

BakerLaw LLP is participating in Phyllis Tuckwell’s 'Make a Will Fortnight'. From 11 th  to 24 th  September 2017 our Associate, Debbie Duggan can write a basic Will for you, or update an existing one, in return for a...

Law Commission proposes Wills overhaul

  • Posted

The Law Commission has announced that they are holding a wide ranging consultation in order to bring the current laws surrounding Wills in line with the modern world. A number of measures have been proposed including changing the term ‘Testator’...

BakerLaw LLP supports orphanage in Tanzania

  • Posted

Earlier this year BakerLaw LLP helped fundraise for Karibu Nyumbani, an orphanage in Tanzania. Karibu Nyumbani is run more like a big family, rather than a “typical“ orphanage, the schedule is not dictated by the clock but rather by the children,...

Should holiday pay be calculated including voluntary overtime?

  • Posted

Holiday pay has featured heavily in the news over the last year but until now the question of all overtime (both compulsory and voluntary) worked and whether it should be included in the holiday pay calculation has remained a grey area. Employers commonly...

New Paralegal welcomed to Commercial & Employment departments

  • Posted

The Partners at BakerLaw LLP are delighted to welcome Oliver Salmon as the firm’s new Paralegal in the Company Commercial and Employment departments. Following completion of Oliver's law degree, in tandem with his Paralegal...

BakerLaw LLP announces internal competition results

  • Posted

Last month, the Partners at BakerLaw held a competition for all staff to put forward innovative ideas for the firm. The Partners encourage staff to be involved and open with their ideas. They felt that the competition was a perfect forum for encouraging...

What does today's judgment on ET fees mean for you?

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Following an appeal by UNISON (one of the UK’s largest trade unions) the Supreme Court (the highest Court within the UK’s legal system) has ruled that the requirement to pay the fees for issuing a claim and hearing a claim in the Employment...

BakerLaw LLP awarded Conveyancing Quality Scheme Accreditation

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Last month BakerLaw LLP were accredited by the Law Society’s Conveyancing Quality Scheme (CQS). Buying and selling a home is likely to be the largest transaction that most people will undertake. It is commonly dubbed one of life’s most stressful...

Are parents of a bereaved child entitled to paid time off work?

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There is currently no legal right to paid time off following the death of a child. All employees are entitled to ‘time off for dependants’ but this time is unpaid. Time off for dependants allows employees time off to deal with unforeseen...

Are Judges' handwritten notes disclosable?

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It is common knowledge that on conclusion of a Court or Tribunal case Judges normally provide written Judgments. For the first time, the Ministry of Justice (MOJ) has disclosed the handwritten notes made by a Judge during legal proceedings under the Data...

Dementia Friends News!

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Dementia Friends is a social movement created to tackle the stigma and lack of understanding which mean many people living with dementia can face social issues and exclusion. Today, 27 th  June, Dementia Friends are celebrating reaching 2 million...

BakerLaw bolsters employment team

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BakerLaw LLP has bolstered its Employment Law Department with the appointment of a new Associate. Emily Yeardley is an experienced employment law solicitor advising businesses and individuals on employment related matters ranging from unfair dismissals...

BakerLaw launches new Family Law Clinics

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Farnham solicitors, BakerLaw, are to start offering a free legal clinic to provide expert advice relating to divorce, finances, children arrangements and other family law issues. You will receive up to half an hour of free legal advice from BakerLaw’s...

Dementia Awareness Week 2017

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5 things you should know about dementia 1. Dementia is not a natural part of ageing - Over 40,000 people under 65 in the UK have dementia. 2. Dementia is caused by diseases of the brain - Dementia is not usually passed down through genes. 3. Dementia is...

Dementia Awareness Week 2017 runs from 14th to 21st May!

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Alzheimer’s Society is asking everyone across England, Wales and Northern Ireland to unite against dementia. Dementia is set to be the 21st century's biggest killer. But awareness and understanding remains low and many families are facing it...

The Residence Nil Rate Band

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Under the new inheritance tax rules for deaths on or after 6th April 2017 a new “residence nil rate band” has been introduced. In certain circumstances this new rule could eventually allow estates worth £1 million to pass free of...

Women in Law 2017 Award

Gemma McBride
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BakerLaw are delighted to announce that their Managing Partner, Amanda Glover has been noted in the field of professional negligence by Lawyer Monthly with a Women in Law 2017 Award in recognition of her outstanding legal expertise and contribution within...

Avoided increase in the probate fee

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The Government have today announced that the planned increase in the probate fee will not now take place in May as planned.  Currently the probate fee is a flat fee for estates over £5,000 of £155 if a solicitor completes the process. ...

Training Contract Applications 2017

Gemma McBride
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We invite applications for two Trainee Solicitor positions, to start in September 2017.  We welcome applications from high calibre graduates in any discipline, who will have completed the LPC by September 2017.   As a Trainee with us, you...

Debbie Duggan Awarded Step Qualification

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BakerLaw are proud to announce that Debbie Duggan, Head of Private Client, has recently obtained a Distinction in the STEP Advanced Certificate in Advising Vulnerable Clients. STEP is the Society of Trust and Estate Practitioners and ensures a high...

Employment Law 2017 - what lies ahead?

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It looks as though 2017 will be a busy year for employment law, with a number of important cases set to be decided.  We have commented upon just a few of these below, dealing with: employment status and the gig economy, holiday pay, Employment Tribunal...

Divorce Day

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Today, the first working day after the Christmas and New Year holidays, is known as ‘Divorce Day’.  Today is the day the press say numerous spouses will be phoning a solicitor to get a divorce, after the holidays have taken their toll. ...

Nikki Lynch travels to Parliament to call for No Fault Divorce

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Nikki Lynch, family law solicitor at BakerLaw in Farnham, travelled to Parliament today to take part in a major lobby of Parliament organised by family law organisation Resolution. Resolution represent 6,500 family justice professionals that are committed to...

Surprise birthday party for Sir Ray Tindle's 90th birthday

Gemma McBride
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Janet Waine in her position as trustee of the Farnham Institute Charity, together with Amanda Glover, Managing Partner of BakerLaw and the Farnham Chamber of Commerce were delighted to hold a surprise birthday party at Bon East in Farnham for Sir Ray...

BakerLaw LLP announced as winners!

Gemma McBride
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Amanda Glover, Managing Partner is delighted to announce that BakerLaw have been recognised and have been awarded in 2 categories by Acquisition International Global Media and a further category by Wealth and Finance International. BakerLaw is proud of...

Should I Transfer my Business to a Private Limited Company? (Part 3)

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Some Advantages of Private Limited Companies. The main advantage of a private limited company is that it has limited liability. This means that in the event of insolvency the amount a shareholder can lose is limited to the amount the shareholder paid for...

Survey says - people prefer solicitors to write their wills

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Survey says - people prefer solicitors to prepare their wills A recent survey by Will Aid has shown that in the last year 62% of people who made a Will used a firm of solicitors to do so.  Debbie Duggan, Head of Private Client at BakerLaw, is...

BakerLaw featured in this week's Farnham Herald

Gemma McBride
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BakerLaw featured in this week’s Farnham Herald, with an article focusing upon the funds that have been raised since we nominated the PT Hospice as our charity. Over the last few months we have raised a staggering £1,555.97 which is a...

Should I Transfer my Business to a LLP? (Part 2)

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Information on LLPs LLPs combine the flexible structure of a general partnership with the benefits of limited liability. LLPs – Some Differences from General Partnerships The owners of an LLP are called members, rather than partners, and within...

Should I Transfer my Business to an LLP or Limited Company? (Part 1)

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Advantages of General Partnership Confidentiality is the biggest advantage of a general partnership (i.e. a partnership which is not a limited partnership, or an LLP). There is usually no requirement to publish partnership accounts. The relationship...

Thinking Of Selling Your Business? (Part 3)

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How to Reduce the Possibility of a Warranty Claim. Make sure you use good lawyers, experienced in negotiating warranties, indemnities and seller limitation clauses. Ensure that the time limit for bringing claims is appropriate. Do not delay in...

Thinking Of Selling Your Business? (Part 2)

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Recommendations For Improving The Efficiency Of The Sale Process. At the start of the sale process allocate responsibility for distribution of company information to potential purchasers to one person, and ensure an accurate audit trail is maintained....

Thinking Of Selling Your Business?

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(Part 1) If you own a limited company, the first step is to decide whether to sell the shares or its assets.   Each case is different, but the sale of shares (usually the seller’s preference) may lead to a more complex sale contract being...

Is Your Business Cookie Compliant?

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The lead in period for compliance expired in May 2012 but 4 years on and many websites are still not cookie compliant. The ICO is currently free to consider using its enforcement powers to compel compliance, and the maximum fine for the most serious cases...

National Minimum Wage Increase

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From 1 October 2016, the national minimum wage hourly rates increase. The national living wage for workers age 25 years or above remains at £7.20 per hour.  The table below sets out the previous and current hourly rates for each category of...

BakerLaw's Company Commercial Team Grows

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Following the appointment of the firm’s first two trainee solicitors on 1 September, the Partners of BakerLaw LLP are delighted to announce the firm’s further growth with the arrival of Associate solicitor Julia Weeks and paralegal Holly Taylor. ...

Phyllis Tuckwell Donations

Gemma McBride
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We have raised a staggering £1,555.97 We are delighted to be able to update you all with the funds that have been raised since we nominated the PT Hospice as our charity.  Over the last months we have raised a staggering £1,555.97...

Conveyancing Quality Scheme Accreditation

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We are delighted to announce that BakerLaw has once again been awarded The Law Society’s Conveyancing Quality Scheme ( CQS ) accreditation. CQS accreditation provides a recognised quality standard for residential conveyancing...

BakerLaw Sponsors House of Commons Business Event

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BakerLaw’s Partners Amanda Glover, Jonathan Craig and Andrew Peters were delighted to be approached to support the Anglo-US business development networking event ‘Hampshire and Fairfax County Working Together’ at the House of Commons...

Limitation of liability clauses

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Whilst thankfully the events that unfolded at Old Trafford on Sunday ultimately proved to be a false alarm, with no injury or harm to the public, the cause of the event provides a stark example of why private contractors should carefully review the liability...

Do the recently introduced PSC Register obligations affect your business?

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As of 6 April 2016 following amendments to the Companies Act 2006 by the Small Business, Enterprise and Employment Act 2015, most UK companies and limited liability partnerships (LLPs) are now required to keep a register of people with significant control...

How safe are your Will wishes?

Amy Nelson
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You may have seen in the press that there has been a dispute which has spanned many years upon a person's right to vary a will. The case involves the daughter of the deceased on benefits where her mother had been adamant that she did not want her...

BakerLaw LLP Private Client Advice-Line NEW NUMBER

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BakerLaw LLP is delighted to advise you of the re-launch of our dedicated ‘Private Client Advice-Line’ which has been setup to provide support to the elderly, vulnerable and their families.  By calling the number below you will...

Increase on stamp duty on second properties - ACT NOW!

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From 1 April, 2016 anyone purchasing another property will have to pay an extra 3% Stamp Duty if this is a ‘second home’. This relates to anyone who is buying additional residential properties, for example buy-to-let or holiday homes within...

Cohabitation and the Law

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There are over 3 million cohabiting couples in the UK, double the amount there was 20 years ago and yet many couples do not realise the law offers them no protection. If a couple that are married for 20 years separate, either party has the right to make a...

BakerLaw LLP advises on sale of Moms Fabulous Foods

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BakerLaw LLP advises the owner/managers of Surrey-based gourmet hot dog company Moms Fabulous Foods in relation to the sale of their business to Peter’s Food Service.  Acting on behalf of Moms owner/managers, the transaction was led by Jonathan...

Relationship Breakdown

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BakerLaw has the largest Family Department in Farnham, consisting of expert divorce lawyers who can: Deal with multi-million pound litigation and high profile clients Facilitate mediation and support clients through the process to seek mutually agreeable...

Certainty Provided for Consumers

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Today the introduction of the Consumer Rights Act 2015 has provided certainty for consumers.    This Act replaces many of the consumer laws that were previously in place, as previously consumers were entitled to refunds for a reasonable time if...

BakerLaw advises management team on acquisition of DED

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BakerLaw advises management team on acquisition of DED BakerLaw’s corporate partner Jonathan Craig,  supported by employment partner Andrew Peters advised Tim Downes lead for the buyer management team on their recent completion of the...

BakerLaw appoints Employment Law Partner

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I am pleased to announce that Andrew Peters has joined BakerLaw as a Partner and Head of Employment.    Andrew brings with him a wealth of experience and can advise and assist in all employment law related matters.  He is a very...

Launch Party BakerLaw and Fish Finacial

Gemma McBride
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BakerLaw and Fish Financial were delighted to announce their strategic alliance at the launch party held at Farnham Castle on the 12 th February.    The event was attended by over 160 local connections.  Amanda Glover (Managing Partner),...

Special New Year Offer....

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Special New Year Offer.... Will and one Lasting Power of Attorney   Make a single Will and one Lasting Power of Attorney for £499 inclusive of VAT (court fee £110 excluded).  Saving over £130 on usual fees. Offer...

Stamp Duty Reform, what does this mean for you?

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With immediate effect 98% of home-buyers will save thousands of pounds following Goerge Osborne’s autumn statement announced on the 3rd December 2014.   What is Stamp Duty Land Tax? (SDLT) This is a tax payable when you purchase a new home. The...

Ground breaking ruling on Holiday Pay

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The Employment Appeal Tribunal (EAT) have reached a decision on the controversial topic of whether overtime should have been included into employees holiday pay.  The EAT have considered the cases of Bear Scotland v Fulton and Baxter, Hertel (UK) Ltd v...

Are you thinking of changing your name?

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There are many reasons why someone might want to change their name, the most common reasons are following a divorce or separation or dislike of a name, but more and more couples are merging or hyphenating their surnames following marriage. There are also the...

The Green Deal saving energy for your home...

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What is it? The Green Deal came into force in October 2012, and applies to both Residential and Commercial Property. It allows the homeowner to make energy saving improvements to their home without having to pay up front, such as: Heating Ventilation ...

Farewell Tax Disc

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After 93 years in existence the time has come to bid farewell to the paper tax disc which has taken pride of place in the left hand corner of all road worthy vehicles. From 1st October 2014 the Driver and Vehicle Licensing Agency (DVLA) will no longer issue...

Free Family Legal Advice Clinic for Army Personnel

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BakerLaw is pleased to offer a free family legal advice clinic for army personnel in association with Aldershot Garrison HIVE. The clinic is run on the first Wednesday of every month at the Connaught Community Centre, North Camp from 10am to 12noon. ...

Don't underestimate the importance of a Shareholders' Agreement

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Once the company has been incorporated, shares allotted and trading has commenced, business owner/managers often fall into the trap of leaving the task of preparing a shareholders' agreement to 'another day' and merely relying on the...

BakerLaw LLP Complimentary Trading Terms and Conditions (T&Cs) Workshop

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Does your business buy or sell goods or offer services? Do you provide your customers, clients or suppliers with a written set of your trading T&Cs? If so, when were they last reviewed? Similar to the regular servicing of a motor vehicle, a periodic...

BakerLaw LLP Sponsoring July's FarNet

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FarNet, the regional professionals' networking event, is now in its seventh month and is going from strength to strength. With an invitation list boasting over 200 professionals and with its LinkedIn group membership now exceeding 100, BakerLaw LLP is...

Aldershot Army Show

Gemma McBride
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Were you at the Aldershot Army Show on Saturday 28 th June? Bakerlaw LLP were there supporting Armed Forces Day, we had lots of fun with our Pin the Wig on the Judge game and despite the rain it was a great day! We support the armed forces all year...

Probate application fees set to increase

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Changes in the law, which come into effect on 22/04/2014, will mean those looking to apply for a Grant of Probate will need to pay increased fees. At present, the total application cost is £105 for those making a personal application to the Probate...

Court Fees increase: How will it affect you?

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The Government is implementing a new fee structure for the English civil court system which will come into effect on 22 nd April 2014. Although some fees are remaining the same, being reduced or withdrawn the reforms will see some stark increases to a...

Free Inheritance Tax Planning Seminar

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Free Inheritance Tax Planning Seminar 10.30am Tuesday 18th March BakerLaw LLP and Charles Derby Independent Financial Advisers are running a joint seminar aimed at protecting you if your total assets, including your home, amount to more than...

Continued growth leads to second office opening

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BakerLaw is very proud to announce that we have opened our second office in 18 months showing the firm's continued growth since we launched in July 2012. As a part of a re-brand of our sister-firm, Bakers Personal Injury Solicitors, BakerLaw will...

FarNet: New professionals networking event takes place in Farnham

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BakerLaw LLP is pleased to announce the launch of a new monthly networking event in Farnham. FarNet, a concept devised by BakerLaw's head of company commercial Jonathan Craig, aims to bring together professionals acting on behalf of commercial clients...

BakerLaw names local hospice as Charity of the Year

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BakerLaw LLP is very pleased to announce that Phyllis Tuckwell Hospice has been selected as our Charity of the Year for 2014. The Farnham-based hospice is the only adult hospice caring for terminally ill people and their families across the whole of...

BakerLaw provides free wills in aid of local hospice

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BakerLaw LLP has raised £1685.00 for a local hospice by participating in "Make a Will Fortnight". Phyllis Tuckwell Hospice in Farnham holds the event every year in order to raise vital funds for the day-to-day running of their services as...

Festive Fun in Farnham

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Farnham was getting in to the festive spirit last weekend with the switch-on of the Christmas lights in the town. The event, which took place at Gostrey Meadow, saw thousands of people visiting the area to take part in the celebrations. There was plenty...

'Bright' Solicitors support National Road safety Week

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On Friday, 22 nd November, BakerLaw LLP organised a Bright Day at their office in Farnham to raise funds for Brake, the national road safety charity. Staff came to work wearing crazily bright clothes and made donations to Brake, supporting the...

An Introduction to Family Mediation

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Family mediation is a voluntary process for resolving disputes following relationship breakdown. Mediation can be appropriate for any kind of family unit, whether married or unmarried, civil partners, living together or separated, divorced or not and with...

An Introduction to Nullity

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The majority of marriages that are brought to an end in England and Wales are as the result of divorce proceedings. However, it may be possible to present a nullity Petition. Such a Petition can be presented within the first year of marriage, unlike a...

BakerLaw LLP is delighted to support 'Road Safety Week'

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This week is Road Safety Week, the UK's biggest road safety event, involving thousands of schools, organisations and community groups every year. Set up in 1997, the event is coordinated annually by Brake, the independent road safety charity each...

Family Proceedings in the English Courts for Expatriates and Foreign Nationals

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People may be surprised to learn that the United Kingdom does not have a unified legal system. England and Wales share the English legal system. Scotland has its own legal system. So too does Northern Ireland. So, if you are an expatriate or a foreign...

An introduction to claims under the Inheritance (Provision for Family and Dependants) Act 1975

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What Does the Act Provide Section 1 of the Inheritance (Provision for Family and Dependants) Act 1975 ("the Act") enables certain categories of persons to apply to the Court for an Order under Section 2 of the Act on the ground that the...

An Introduction to the Calculation of Child Maintenance Payments by the Child Support Agency ("CSA")

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The CSA works out the amount of child maintenance using the weekly net income of the non-resident parent (that is the parent living in a separate household from the parent with care and qualifying child(ren) for whom they are liable to pay maintenance). The...

BakerLaw receives mark of excellence from the Law Society for Conveyancing

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BakerLaw are pleased to announce that we have secured the Law Society's Conveyancing Quality Scheme (CQS) accreditation mark of excellence for the home buying and selling process. BakerLaw underwent a vigorous assessment procedure by the Law Society to...

BakerLaw Director completes channel-crossing swim relay in aid of Aspire

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On 28 th June 2013, BakerLaw Managing Director Julian Oldfield took to the cold waters of the English Channel as part of a six-person relay team in an attempt to swim to Cap Gris Nez on the north-coast of France all in the name of charity. The team, made...

BakerLaw supports local troops at military festival

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On 6 th July the gates of Aldershot Garrison were opened to the public as the week-long Aldershot Military Festival reached its pinnacle with a family open-day, and BakerLaw is proud to have been an official sponsor of the event. Formerly known as...

An Introduction to the Children Act 1989

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Section 1 of the Children Act 1989 provides that the child's welfare shall be the court's paramount consideration when the Court determines any question with regard to either:- The upbringing of a child; or The administration of a child's...

An Introduction to Judicial Separation

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The law regarding judicial separation This is contained in sections 17 and 18 of the Matrimonial Causes Act 1973. A Petition for judicial separation may be presented by either a husband or a wife. It is presented on the ground that any of the facts...

An Introduction to Cohabitation Agreements

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It is unfortunate but true that, contrary to popular misconception, the fact that a couple have lived together for a number of years does not of itself give any financial rights in the event that that relationship subsequently breaks down....

An Introduction to Applications for Financial Orders

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Part 1: Preliminary "Financial Orders" comprise all orders of either a financial or property nature or that relate to pensions that a Court can make following divorce, judicial separation, nullity or dissolution of registered civil partnership...

Aldershot Military Festival

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BakerLaw is very proud to announce that we will be supporting the Aldershot Military Festival 2013. The event, which is being held from Monday 1 st July until Saturday 6 th July, will take place at Aldershot Garrison on Queens Avenue and promises to be a...

Small businesses opting out of legal advice

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Small businesses opting out of legal advice. The Legal Services Board has recently published research which found that only one in eight small businesses contact a solicitor to obtain legal advice. This can have serious consequences as in many situations...

Governemnt decision to leave Will Writing unregulated leaves consumers at risk

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The Law Society was dealt a disappointing blow following the government's decision to continue to not regulate will writers. Last week's decision came after the Legal Services Board (LSB) advised the government to rectify the existing laws to help...

An Introduction to Pre-Nuptial Agreements

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The "Radmacher" Decision It is now over three years since the Supreme Court of England and Wales ("the Supreme Court") handed down its judgment in the case of Radmacher (formerly Granatino) v Granatino. The hearing of this appeal by the...

BakerLaw Solicitors are pleased to support former soldier and Coldstream Guardsmen Franco Gasparotti - The Fight for Franco

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The Fight for Franco - 7-Sisters Challenge May 25 th 2013 Former soldier and Coldstream Guardsman, Franco Gasparotti was seriously injured whilst on active service in Northern Ireland and subsequently discharged from HM Forces. He went on to develop...

Serious Personal Injury & Clinical Negligence Solicitors: What are they not telling you?

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The importance of instructing the right solicitor to handle your clinical negligence or serious personal injury claim cannot be underestimated. The public's knowledge of the possibility of compensation following a serious accident or medical negligence...

Family Legal Aid following the Legal Aid Sentencing and Punishment of Offenders Act 2012 ("LASPO")

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This Act, which received Royal Assent on 1 May 2012 and came into force on 1 April 2013, makes substantial changes to Legal Aid. In the context of Family Legal Aid LASPO introduces cuts to this. Family Legal Aid is still allowed for: Mediation in family...

An Introduction To Divorce

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The Ground for Divorce The only ground for divorce in England and Wales is irretrievable breakdown of marriage. In order to prove this to the Court's satisfaction, it is necessary to establish one or more of five sets of facts. In summary, these...

Resolution - First for Family Law

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Martin Chambers is a Resolution member and family law solicitor at BakerLaw in Farnham, Surrey. Jake Hughes, who is responsible for the BakerLaw blog, spoke to Martin about his membership of Resolution and how it affects the way in which he deals with...

An Introduction to Civil Partnership

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The Civil Partnership Act 2004 ("the Act") came into force on 5 December 2005 and enables same-sex couples to obtain legal recognition of their relationship. Couples who form a civil partnership have a new legal status, that of 'civil...

Bakers Solicitors MD Julian Oldfield Q&A

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Bakers Solicitors Managing Director Julian Oldfield spoke to Steve Burnham of Speed Medical for their monthly newsletter to talk gadgets, daily routines and the challenges a Personal Injury firm face. Q. What gadget couldn't you live without? I hate...