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Latest Posts

The role of NDAs and confidentiality clauses when appointing a new supplier

Selwan Yousif
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When appointing a new supplier there is often a dilemma over the issue of confidentiality. How do you strike the balance between sharing enough information to obtain the best deal without jeopardising confidential business information?   ‘It is...

Best practice when acting as an executor

Silviya Maclean
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‘Being an executor is an important role and a serious responsibility,’ says Silviya Maclean , a Partner in our wills and probate team in Tenterden. ‘Even a simple estate can be more difficult than many people realise and you should...

Protecting your right to light

Kenneth Amakye
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The level of natural light that comes through the windows of your home can make a huge difference to your enjoyment of your property. It is understandable then, that you will want to take action if that enjoyment is threatened by a neighbouring development...

Preventing the dissipation of assets in divorce

Deborah Nicholson
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Divorce can often stir up feelings of mistrust between former spouses, especially when it comes to considering the financial division of assets.  Sadly, it is all too common that one spouse will try and dissipate matrimonial assets, either prior to a...

Reporting duties for a financial deputy

Hardeep Gill
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The role of a deputy is similar to that of an attorney. If you are acting as an attorney, this will be because the person you are acting for specifically chose you to act and they made a document called a ‘power of attorney’ at a time when they...

Changes ahead in capital gains tax rules for divorcing couples

Avril Croud
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At present, no capital gains tax (CGT) is charged on a transfer of assets between a married couple or civil partners who live together.  If, however you are separated or divorced from your spouse or civil partner, then this tax relief does not...

Could a trade mark protect your business on social media?

Selwan Yousif
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While social media can be hugely beneficial for many businesses, it is not without its problems. Organisations have had to adapt to deal with unfavourable reviews, account hacking, data protection breaches, fake accounts and impersonation, use of their brand...

Claiming compensation for negligent financial advice

Kenneth Amakye
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Sometimes we need to make a financial decision that is of such importance we decide to pay for professional advice. This may be from an accountant, a tax specialist, a pensions expert, a mortgage consultant, an independent financial advisor, a land valuer or...

Is my prenuptial agreement binding?

Deborah Nicholson
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If you are facing difficulties in your marriage and you have a prenuptial agreement, you may be curious to know just how binding the terms will be, especially if your life is now rather different to the one you envisaged when you planned to get married. ...

Challenging a gift to charity made in a will

Kenneth Amakye
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Finding out that your loved one has decided to leave a gift of money or property to a charity in their will can sometimes come as a surprise, particularly if the charity is not one that was known to be close to their heart. It may also be quite distressing...

Passing on royalties after you die

Hardeep Gill
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Royalty payments are often earned from creative activities such as writing a book or composing music, but they can also be earned from a patent or brand licensing, or from a franchise or even licensing of mineral rights.  While some arrangements may...

The dangers of pregnancy-related sepsis

Jalal Mirza-Baig
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Sepsis is one of the biggest causes of pregnancy-related deaths, with a 2019 study finding that this condition accounted for as many as 25 per cent of all pregnancy-related deaths in the UK. Jalal Mirza-Baig a solicitor in the Litigation team at Pengelly...

Is a prenup part of your business risk management strategy?

Deborah Nicholson
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Managing risk is an essential part of any business operation and while personal relationships do not often appear high on a business risk register, an acrimonious divorce has the power to devastate a small business. ‘While few anticipate or want to...

Making sure your property passes as you choose, with a life interest trust

Hardeep Gill
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Creating a will with a life interest trust over your property allows you to ensure that your home passes to those you choose, whilst also allowing you to provide for another loved one during their lifetime. ‘Life interest trust wills are particularly...

What to do if you receive an adverse possession claim

Selwan Yousif
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Isolated land that is not regularly inspected can sometimes be appropriated without anyone noticing. Farmland is particularly susceptible, as are remote areas of woodland and scrubland within large rural estates. When this continues for a long period of...

Buying an asset-based business - what to look out for?

Selwan Yousif
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If you are contemplating buying another business, then you will have been suitably impressed with the sale particulars.  But these do not tell the whole story and when you decide to acquire the assets of a business you will want to satisfy yourself that...

Resolving a family dispute over choice of school

Deborah Nicholson
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As a parent you will always strive to do what is best for your children, but for separated parents this can sometimes lead to disagreement when what is best in one parent’s eyes does not align with the other parent’s view.  ‘While...

Contract pricing in commercial agreements - pitfalls to avoid

Selwan Yousif
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If you are a fan of Marmite or Hellman’s mayonnaise, you may recall a brief dispute that broke out between Tesco and Unilever in late 2016 which led to the supermarket temporarily suspending the sale of a range of popular branded products. The dispute...

Does bad behaviour affect the financial settlement in a divorce?

Deborah Nicholson
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Within a marriage or civil partnership , the concept of bad behaviour can cover a multitude of activities, from leaving the top off the toothpaste to serious or criminal activities.  One option when applying for a divorce is to claim that your...

Refresher on family-friendly rights and the implications of Covid-19

Jasvinder Gill
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While the predicted lockdown baby boom has not materialised and the birth rate is similar to 2020 (down just 0.5%), family caring responsibilities have been more evident in the last year as home-schooling affected many families and some children even made an...

Mind the risk gap - best practice when using subcontractors

Selwan Yousif
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Whether you are planning on using subcontractors for a one-off project or on a long-term basis, there are several steps you can take to safeguard both your business and business relationships. ‘The first step is to carry out some basic checks on your...

Preparing for family mediation

Avril Croud
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Mediation is regularly used in family law to assist couples to reach an agreement about their financial separation and any arrangements for children , avoiding the need to go to court.  If you and your former partner have agreed to participate...

It is time to refresh HR policies and practices for 2021

Jasvinder Gill
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2020 was a tumultuous year with employers having to respond rapidly to the challenges of the pandemic. Culturally the world has shifted too, with the Black Lives Matter movement bringing momentum to improving equality and diversity at work. The end of the...

Injured in an accident involving a delivery driver?

Kenneth Amakye
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One of the features of the Covid-19 pandemic has been our increasing reliance on delivery services. Supermarkets and online retailers have been swamped with orders, as people look to comply with government instructions to maintain social distancing and...

Are your contracts fit for purpose in this new world of business?

Selwan Yousif
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If you are one of the thousands of business owners in the UK who have had to adapt during the past couple of months to survive the coronavirus pandemic, then it is likely that some of your contractual arrangements may not have kept pace with all the changes...

Guidance for employers regarding the coronavirus from ACAS

Jasvinder Gill
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With more cases of coronavirus (COVID-19), being reported in the UK each day, employers will be wondering how to handle the issue especially as they may need to react fast if a situation develops in the workplace or if there are concerns about the health of...

Not so safe at work - compensation for an accident at work

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Despite the UK’s extensive health and safety legislation lots of people still suffer serious injury at their place of work. The industries where accidents are statistically most likely to occur are manufacturing, construction, transportation and...

Appointing a new Director

Jasvinder Gill
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As your business grows and evolves, you may wish to bring new directors onto the board to reward and secure key members of staff or to bring in new skills and contacts from outside your business.  In either case, the appointment of a new director to the...

Resolving a dispute arising out of a breach of your fiduciary duties

Selwan Yousif
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If you have been appointed as a company director, a commercial agent or a trustee, then as well as any contractual or statutory obligations you may have, you will also be obliged to act in accordance with a series of fiduciary duties aimed at ensuring you do...

Resolving a dispute over residential service charges

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Service charges are a common feature with houses or flats which have been bought via a long lease. They are designed to cover the running costs your landlord will incur in keeping shared areas and other facilities in good order.  For example, entrances,...

Dusty Work Overalls Responsible for Wife's Asbestos-Related Death

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The effects of asbestos exposure in the workplace can be devastating, not only for employees but also for their loved ones and anyone else with whom they come into contact. In a case on point, a man whose wife died after laundering his dusty work overalls...

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