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...
Baker Law Legal Blog
Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC Although for landlords, the greatest priority may be maximising returns, which naturally makes financial sense in the short term, with Brexit looming and...
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...
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...
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...
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...
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....
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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 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...
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...
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...
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 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...
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...
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...
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...
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,...
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...
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...
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...
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,...
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...
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...
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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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. For a discrimination claim, an employee has 3 months less one day from the date of the discrimination to bring a claim. ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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. ...
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 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...
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...
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. ...
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...
With only one-third of us having a Will, a steady rise in second marriages and an increase in unmarried couples co-habiting, it is not surprising that disputes relating to a loved one’s death are on the rise. It is common to hear about...
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...
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...
We all have responsibilities and for many of us our day to day obligations extend to providing care to our elderly family members who due to age or illness require our assistance. Some consider this to be the circle of life; parents take care of their...
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...
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...
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...
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...
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...
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...
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? 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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
