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National Living Wage - are you ready to pay?

Debra Wetters
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The Government announced today its intention to make sure that the National Living Wage is paid to eligible employees from April 2016.  David Cameron, writing in the Times newspaper said “The National Living Wage will only work if it is...

Ashley Madison exposed - don't get caught with your trousers down

Katherine Cereghino
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Over the past month a seismic event occurred in America and a less seismic, but no less important, report was published in the UK. Firstly, Ashley Madison, was exposed as hackers revealed the personal details of millions of its registered users -...

Ashley Madison leak sparks rise in divorce

Dominic Wisdom
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Hitting the headlines last week was the news that international infidelity website, Ashley Madison, has been exposed to hackers after the personal details of millions of registered users were revealed in a devastating act of subterfuge. The scandal has...

New action announced against employers of illegal workers

Debra Wetters
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Further announcements have been made today that illegal workers may face jail sentences under the forthcoming Immigration Bill, with wages due to be seized as proceeds of crime.   Employers will also be under increased pressure, and may face criminal...

"We're married - we don't need to do a Will"

Emma Stewart
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These are the words that solicitors hate to hear. It is a common misconception that being married means that if you don't have a Will, everything goes to your spouse.  It will only go to your spouse in certain circumstances:  if you do not...

Buying or selling property overseas - The role of a Notary

Alistair Spencer
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Many individuals who wish to buy or sell a property overseas often choose to deal with the transaction whilst remaining in England and Wales.  If you wish to sign the papers in England and Wales, then in the vast majority of transactions your signature...

Social media: marketing goldmine or data protection nightmare?

David Hodge
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Social Media has become a vital marketing tool for organisations using it to promote their businesses and communicate with existing and potential customers. Increasingly, our personal lives intermingle with our business lives and social media accounts now...

Are HSBC the executors of your Will?

Lindsay Gutteridge
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Last month, customers of HSBC who have Wills which appoint HSBC as their executors, received a letter out of the blue advising them that HSBC will no longer be able to act for them in this role. This is because HSBC has sold off their Wills business to a...

What must you do before you issue legal proceedings?

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By  Catherine Worrall Since the introduction of the Civil Procedure Rules in 1998, anyone hoping to resort to litigation must first consider settling out of Court (a process known as Alternative Dispute Resolution). However, in the wake of the Jackson...

Is yours a healthy relationship?

Liz Headley
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It’s a sad fact that some people remain in very unhealthy relationships and become completely diminished by them. Emotional abuse is often insidious and can be extremely difficult to recognise if it has always been part of a long term relationship....

Who's afraid of the Home Office?

Debra Wetters
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Immigration issues seem to be constantly in the news at the moment. A new Immigration Bill announced on 21 May indicates that immigration regulations will be tightened still further. Whether or not these rules will actually help businesses remains to be...

Coffee, Chocolate and Cola - The Three Cs

Katherine Cereghino
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The European Commission is being kept busy at the moment with all things beginning with ‘C’:- Firstly there was the news in June that Ferrero had put in an offer to buy UK chocolate maker Thorntons for £112,000,000.00 causing shares...

Does exactly what it says on the tin?

Yu-Chun Pan
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People often say that you get what you pay for. But do you really know what you pay for? This is often a tricky question for people using legal services. In my previous post , I talked about why and how lawyers should help people understand the problems...

How to defeat a claim for constructive dismissal

David Hodge
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For a constructive dismissal claim to be deemed valid, an employee should resign promptly following their employer’s ‘repudiatory’ breach of contract otherwise they risk appearing to accept the breach and affirm the contract if they...

Mergers and Acquisitions

Katherine Cereghino
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The Corporate Marriage When I was asked by a colleague to write an article about ‘ Mergers and Acquisitions ’ and keep it short, my first thought was ‘how? it’s such a large topic’! This is the type of deal I work on...

Should the Courts make a profit?

Richard Hopkin
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It has recently been proposed by the Ministry of Justice that Court fees could rise to £20,000.00.   Personal injury and clinical negligence claims would be excluded from the higher cap but fees for general applications will increase from...

Bicester and Banbury make the 'B-Triangle'

Michael Dibben
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Banbury and Bicester have been named as top hotspots for buyers of houses, according to a report  in The Times (‘Going for Growth’ - Bricks and Mortar, 31st July 2015). The two towns have for several years been on the outer edges of the...

The rules on taking children abroad - holidays and relocation

Sally Clark
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It might not be as simple as you think taking your children on holiday. Do not fall into the traps that many parents face when taking their children on a holiday abroad. What many parents don’t realise is that whether it is for a short period for a...

The legal profession needs you (or certainly, Brethertons LLP does!)

Shaun Jardine
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The job market’s a competitive place, especially so in the legal sector where, each year, thousands of new graduates flood the market on the look-out for a training contract. But a successful law firm is not built upon a foundation of individual...

Have you made a choice? Or are you leaving things to chance?

Laura Stuart
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The Ministry of Justice (MOJ) has launched a public awareness campaign to encourage people to plan for their and their families' futures. With the strapline “Choice not Chance” and a suite of rather uninspiring black & white posters and...

Online Dispute Resolution - The Future of Litigation?

Lorna Monks
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Resorting to the Courts to settle disputes is most people’s idea of a nightmare. The hassle, the expense, the stress… and all without any guarantee you’ll get the outcome you hope for. The news, then, that a special advisory group has...

LASPO 30 months on

Richard Hopkin
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As a result of Lord Jackson’s Civil Litigation Reforms the Legal Aid Sentencing and Punishment of Offenders Act 2012 ( LASPO ) was implemented on the 1 April 2013. There were a number of fundamental changes in the way that the funding of litigation...

Protecting your Assets

Katherine Cereghino
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Last month the singer, Taylor Swift , made headlines with her stance against Apple Music regarding their policy for paying (or not!) singers for streaming their music.  This week, a photographer in the Midlands was surprised when his blog accusing...

Want to disinherit your children? Take care!

Anji Arkell
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In the case of Ilott v. Mitson , Melita Jackson passed away leaving an estate worth £486,000. She left her entire estate to charity and excluded her daughter, Heather Ilott. Mrs Jackson had not had a relationship with her daughter since she had left...

'Feeling a Little Normal' Part 2

Jon Rees
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In the second of two blogs Jon Rees about the joint Physiotherapy Project between Brethertons and the National Spinal Injuries Centre Jon describes a recent visit to Stoke Mandeville.  It was simple: John and Dominic wanted to catch a bus in to...

Severing remote access for the long term sick - a word of caution

David Hodge
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The Equality Act 2010 protects individuals against direct and indirect discrimination.  Indirect discrimination occurs where a condition is applied which disadvantages a ‘protected’ group.  So what of cutting off email access to a...

Government postpones Care Act funding reforms

Lindsay Gutteridge
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Last week  The Department of Health announced that the proposed date (April 2016) for changes to the way care funding will be charged, will be delayed until 2020.  It was initially proposed that from April 2016, if you were contributing to the...

Helping SpecialEffect Level the Playing Field

Ken Norman
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I was delighted when in April the staff at Brethertons chose SpecialEffect as its Charity of the Year. The charity has a profound impact on the lives of the people it supports, helping disabled people play games, by providing and adapting technology. One...

'Feeling a Little Normal' Part 1

Jon Rees
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The Brethertons commitment to helping people who have suffered spinal cord injuries is well known. In the first of two blogs Jon Rees details a joint Physiotherapy Project between Brethertons and the National Spinal Injuries Centre at Stoke Mandeville...

Donatio Mortis Causa - no substitute for a Will

Holly Pearce
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On 9 June this year the Court of Appeal heard the case of King v The Chiltern Dog Rescue and others, which involved Redwings Horse Sanctuary a charity with a local centre. This evolved around the principle of “Donatio Mortis Causa”, in other...

Getting the best out of your employees

Amy Edwards
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We all know that last year Virgin introduced unlimited leave for all Virgin Management Staff which, is reported to be working well. Now, Virgin have gone one step further and introduced a full year’s shared parental leave for all employees with four...

TUPE: A change of emphasis

David Hodge
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Isn’t it always the way with employment law? Just when you think you’ve got to grips with some of the more complex issues, the Employment Appeals Tribunal (EAT) goes and moves the goalposts and the game changes!   The Transfer of...

The real way to reduce the legal cost of Clinical Negligence

Richard Hopkin
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The Government has recently identified the need for fixed costs in clinical negligence “low value” claims of up to £100,000.   This can be seen as another attempt to demonise the so called “compensation culture” and a...

Valuing pensions

Linda Jones
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How do I value my pensions on divorce? Pension sharing upon divorce or dissolution is an area that often causes the most animosity in any case given that pension capital can sometimes be the largest asset. How Pensions are valued The value of pension...

Settlement Agreements... what's the deal?

Manisha Chauhan
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You’ve been employed by Company X for 4 years. A year ago, a new manager came in and took the ropes and since then, you don’t see eye to eye. You’ve tried to meet with the manager to try and resolve matters but it’s got to the stage...

How will my children react to news of my divorce?

Liz Headley
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In my last blog post I looked at the ideal way in which parents should break the news of their divorce to their children. In this post I consider how children might react. There could be a whole range of reactions to the news of the split and if parents...

A grand day out!

Ken Norman
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Recently I had the honour of accompanying some of the therapists and nursing team from Sheffield’s Princess Royal Spinal Injuries Centre on a day trip with four of their patients. The mission was to give the patients some respite from the hospital...

Increases in National Minimum Wage

Debra Wetters
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The announcement in this week’s Budget of increases in the National Minimum Wage comes at a time when small businesses are already facing increased costs as a result of pensions auto-enrolment.  Businesses have already seen the withdrawal of...

Good news for property owners in this Summer's budget

Laura Stuart
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On 8 July, Chancellor George Osbourne announced the 2015 budget and among the headlines was a fairly hefty change to the Inheritance Tax (IHT) regulations which will affect increasing numbers of property owners as house prices continue to rise. And...

Pre-nuptial agreements: Are they necessary?

Georgina Nelson
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With the news of Ben Affleck and Jennifer Garner’s divorce hitting the headlines this week, the gossip columns are full of tales of woe from people going through a split that failed to sign a pre-nuptial agreement before their wedding. But what...

How the budget affects the corporate world

Katherine Cereghino
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Most of the talk before today’s budget was about the government’s expected welfare cuts but on behalf of Team Commercial here at Brethertons I want to focus on the measures that affect the corporate world. The headline grabbing policy...

Rent-a-room tax relief

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Blog b y James Attew,  Commercial Recoveries  Solicitor Coverage of George Osborne ’s Summer Budget of 2015 was largely dominated by the £12 billion of cuts made to the UK’s welfare budget. The Chancellor has...

An end to leaseholders relying on "restrictive" interpretation of residential leases

Roger Hardwick
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An end to leaseholders relying on "restrictive" interpretation of residential leases as Supreme Court hands down Arnold v Britton? The Supreme Court has handed down its long awaited judgment in the case of Arnold v Britton [2015] UKSC 36 where the...

Forget the Euro - Data is the new number one currency

Katherine Cereghino
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Last week, almost unheralded amidst all the press coverage of the Greek debt crisis, the European Commission issued a press release confirming the Ministers in the Justice Council had agreed, in principal, to the Commission’s proposals for new EU-wide...

Does your lawyer ask you why?

Yu-Chun Pan
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  Does your lawyer do exactly what you ask him or her to do without asking why? If your answer is yes, I strongly suggest you to find a new lawyer. You instruct a lawyer because you need his/her specialist knowledge to solve your problem. The first...

Clean Break - What is it? Do I need one? Why is it important?

Josh Russell
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There has been a lot of coverage in the news recently regarding divorcees coming back after several years of divorce to make financial claims against their ex-husband or wife. You may be familiar with the case of Dale Vince and his ex-wife Kathleen Wyatt. If...

Contracts of Employment

Amy Edwards
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There are many different types of contracts of employment, the most controversial being zero hours contracts.  The Conservatives have been true to their word and have now  made exclusivity in zero hours contracts illegal.  If you use casual...

New Government, new era...

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...But what’s changed in the world of employment law? With the General Election hype now over and the Conservative Party winning an overall majority, we take a look at some of the key manifesto pledges of the new Government that are likely to have an...

Writing Books for Children Workshop

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Do you love writing for children? Do you write for fun, write for the children you know or do you hope to be published one day? Whatever your ambitions, why not come along to this workshop to find out what makes for a great children’s book? Julia...

Even the Chancellor can struggle when it comes to selling

Katherine Cereghino
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In last week’s Mansion House speech, the chancellor George Osbourne announced, as many had expected, that the sale of the public’s stake in the Royal Bank of Scotland was on.  Many people are surprised it has taken this long but the truth...