Docklands Solicitor
Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.
Tuesday, 31 May 2011
Agency Workers Regulations
The Agency Workers Regulations come into force 1st October 2011 and will affect all employers who engage Agency Staff.
The Regulations (AWR) provide that after a qualifying period of 12 weeks an agency worker will be entitled to the same pay and other basic working conditions as if the agency worker had been hired direct by the employer, including annual leave, overtime, night work and rest periods.
Under the Regulations both the hirer and the Agency will be required to provide information to each other and the worker regarding the hirer’s terms and conditions and changes to pay entitlements after the 12 week qualifying period.
Labels: Agency Workers Regulations, annual leave, equal treatment, hirer, night work, overtime, rest periods., terms, working conditions
Sunday, 22 May 2011
Advertising – stationary vehicles on farmland
Farmers beware! Ad-covered vehicles parked on your land could lead to a prosecution for breach of planning regulations.
A farmer parked ad-covered vehicles on his land alongside the M62.
The Local authority (LA) objected on the basis that the vehicles were being used primarily for advertising in breach of planning laws.
The Court applied a two-part test.
1. Were the vehicles normally employed as moving vehicles - if they were not an offence would have been committed
2. If they were moving vehicles were they being used principally for the display of advertisements – if they were then an offence would have been committed.
In this case, the LA were unable to prove that the vehicles had remained stationary and the case collapsed. However, if they had been able to show that the vehicles did not move and that they did not have a primary agricultural purpose they would have succeeded.
Felicity Keeler Senior Paralegal – tel: 0845 270 2511
Labels: Advertising, agricultural purpose, planning regulations, stationary vehicle
Thursday, 19 May 2011
First two Trade Mark Judgments delivered by Patents County Court
Fundamental changes to the Patents County Court ('PCC') aimed at providing an affordable forum for Intellectual Property ('IP') litigation for small and medium sized businesses were introduced in October 2010. The revised procedural scheme aims to enable businesses to take effective action to protect their IP rights at reduced cost and complexity compared to the High Court which continues to deal with larger, more complicated cases.
To read more about the reformed PCC recently issued click here
Please contact David direct on 07739 321 069 or click here to email him for advice on protecting your business' brands or in relation to any other aspect of IP.
David Varney Intellectual Property Solicitor and Trade Mark Attorney
m: 07739 321 069Labels: businesses, effective action, intellectual property, litigation
Monday, 16 May 2011
Freezing Injunctions
A freezing injunction is a court order that prevents the defendant from disposing of his or her property before the trial or sometimes even after a claimant obtains a judgment against a defendant. The effect of such an order on a defendant is very harsh. The court will grant a freezing injunction if there is clear evidence that the defendant will disperse his or her assets to prevent the claimant enforcing any later judgment.
A freezing injunction is usually obtained urgently and secretly and it is normal to apply to the court without notifying the other party. A freezing injunction also affects and binds third parties who have possession and control of the defendant’s property, such as banks, mortgage companies and potential buyers. The claimant can give notice to potential buyers and mortgage companies that the land is subject to a freezing injunction by applying to register a restriction on the property under s 42(1) of the Land Registration Act 2002.
Labels: application without notice, freezing injunctions, restriction on land
Wednesday, 11 May 2011
Court of Protection
The Court of Protection was introduced:
1. to protect vulnerable people
2. to make sure they are cared for
3. to protect them from third parties
The powers of the Court may be used to protect an elderly person from losing their assets when they do not have the capacity to make their own decisions.
1. to protect vulnerable people
2. to make sure they are cared for
3. to protect them from third parties
The powers of the Court may be used to protect an elderly person from losing their assets when they do not have the capacity to make their own decisions.
Labels: capacity, Court of Protection, protect, vulnerable
Monday, 9 May 2011
Terms of Will
If you are considering making a Will that disinherits some of your children, it is advisable to discuss your reasons for doing so fully, with your Will Writer/Solicitor, to avoid the possibility of a challenge to your Will after your death.
In a recent case a daughter challenged the validity of her Mother’s Will when she found that her mother had left everything to her four sons and had completely disinherited her three daughters. The challenge was based on the fact that her mother could not speak English and the Will writer could not speak Gujurati. The mother’s instructions were relayed to the Will writer by a family friend who spoke both languages. The daughter alleged that her mother did not fully understand the nature of the Will.
The Court found that the mother had given the Will writer full reasons for her decision to disinherit her daughters and it was therefore clear the she fully understood the implications of her Will.
In a recent case a daughter challenged the validity of her Mother’s Will when she found that her mother had left everything to her four sons and had completely disinherited her three daughters. The challenge was based on the fact that her mother could not speak English and the Will writer could not speak Gujurati. The mother’s instructions were relayed to the Will writer by a family friend who spoke both languages. The daughter alleged that her mother did not fully understand the nature of the Will.
The Court found that the mother had given the Will writer full reasons for her decision to disinherit her daughters and it was therefore clear the she fully understood the implications of her Will.
Labels: children, disinherit, reasons, Will
Saturday, 7 May 2011
Foreign Property Anti-Avoidance Rules
If you own property abroad you should be aware that after your death, your estate may be subject to both taxation under English IHT rules as well as the taxation of rules of the country where the property is situated.
The treatment of the property for taxation purposes depends on whether you are domiciled outside the UK.
Domicile in relation to IHT may be established differently to domicile for other purposes. There are two anti-avoidance rules that are relevant:
1. If you have been resident in the UK for 17 of the last 20 years you are deemed to be domiciled in the UK for IHT purposes
2. If you were previously domiciled in the UK but die within three years of obtaining domicile in another country, you will still be considered to be domiciled in the UK for IHT purposes.
You should therefore seek the advice of an experienced Will Writer/Solicitor when drawing up your Will and considering Inheritance Tax provisions.
The treatment of the property for taxation purposes depends on whether you are domiciled outside the UK.
Domicile in relation to IHT may be established differently to domicile for other purposes. There are two anti-avoidance rules that are relevant:
1. If you have been resident in the UK for 17 of the last 20 years you are deemed to be domiciled in the UK for IHT purposes
2. If you were previously domiciled in the UK but die within three years of obtaining domicile in another country, you will still be considered to be domiciled in the UK for IHT purposes.
You should therefore seek the advice of an experienced Will Writer/Solicitor when drawing up your Will and considering Inheritance Tax provisions.
Labels: abroad, country, domicile, inheritance tax, property
Monday, 2 May 2011
Repairing and Demolishing of Party Walls
The Party Wall Act 1996 provides a procedure which allows a building owner to carry works that are: (a) building or demolishing a party wall or structure; (b) carrying out repairs to party structures; (c) excavating a site within six meters of neighbouring buildings.
The building owner must comply with the Act by serving the requisite notice of intention on the adjoining owner provided the adjoining owner has an interest greater than a yearly tenancy (e.g., freeholder, long leaseholder) of land.
The notice is known as a “party structure notice” must be served on the adjoining owner(s) at least 2 months before the proposed start date and it must give: (a) The name and address of the building owner; and (b) details of the nature and particulars of the proposed works and the proposed start date.
If the proper notice is not given by the building owner, the adjoining owner may be able to seek injunctive relief to stop the work and may also be able to influence how and at what times the work is done.
The building owner must comply with the Act by serving the requisite notice of intention on the adjoining owner provided the adjoining owner has an interest greater than a yearly tenancy (e.g., freeholder, long leaseholder) of land.
The notice is known as a “party structure notice” must be served on the adjoining owner(s) at least 2 months before the proposed start date and it must give: (a) The name and address of the building owner; and (b) details of the nature and particulars of the proposed works and the proposed start date.
If the proper notice is not given by the building owner, the adjoining owner may be able to seek injunctive relief to stop the work and may also be able to influence how and at what times the work is done.
Labels: adjoining owners, demolish, notice, Party Walls, repair
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