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Please treat the contents of our blogs as general guidance only. Please do not take any action based on their contents unless you have sought specific legal advice. Brethertons cannot accept responsibility for any errors or inaccuracies, loss or damage in circumstances where there is no formal retainer between us and we have not given you personal and specific advice relating to a matter for which you have given us full background details.  You must also bear in mind that the contents of our blogs are based on English Law, and because they contain archival material, that material is likely to go out of date. Therefore, it is important to consider the date that the blog was posted. Please also remember that the laws may differ in different Jurisdictions.

Child Abduction - it's no holiday!

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Madonna and Guy Ritchie have been in the news recently about their court case concerning their son Rocco. Reports are that Madonna has applied to withdraw her case under the “Hague Convention” or more informally referred to as ‘ child...

Lasting Powers of Attorney and Deputyships (Court of Protection)

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Increasingly, myself and members of my team receive enquiries or instructions to prepare a Lasting Power of Attorney. This rise is due to raised awareness of the potential or imminent need for these documents and an understanding that preparing these...

Do I have to divorce in order to gain financial stability?

Josh Russell
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Many people in the UK remain in volatile or unsuccessful marriages for many reasons and I am frequently told by prospective clients that they do not wish to seek a divorce ‘because of the children’ or because of ‘religious beliefs.’ A...

One hell of a ride!

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When I first found out about the Twin Town 2016 challenge, I just had to put my name forward – mainly in a bid to expel those horrible stereotypical thoughts people have about ‘women drivers’ and of course, to have a chance at raising some...

Telephone preference: get it right or else!

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So you think that being registered with the Telephone Preference Service (TPS) is enough to prevent unwanted marketing calls….?  Think again! It seems that some companies simply can’t help themselves. Despite the Information...

Separation Agreements - what are they?

Sally Clark
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In the UK, the amount of married couples separating is on the rise year after year. I often get asked if it is possible to resolve financial matters before deciding to formally end a marriage and start divorce proceedings. The answer is yes, a separation...

Cheques received in full and final settlement

Ben Foley
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This is an issue that recurs time and time again; your client owes you a sum of money and for any number of reasons they decide they do not want to make payment in full. They then send you a cheque for part of the balance together with a letter stating it is...

Lasting Powers of Attorney for business owners

Emma Stewart
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If a person loses capacity to deal with their financial assets and they have made a Lasting Power of Attorney for Property & Financial Affairs before that point in time, their Attorneys can act on their behalf to deal with their financial affairs. ...

LEASE 'Confusions'

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What do I own? What area am I supposed to maintain? Is that my balcony? Should I be paying for repairs to that? Who is paying for the windows to be cleaned? I have a bill for £1000’s for repairs – what should I do as I can’t afford...

And we're off!

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Well if there’s one thing I’ve learnt this week it’s to never go on holiday!  In my absence I have been appointed captain of the Brethertons 99ers! (No Pressure there!)  As my first port of call as the team captain I should...

Oxfordshire business talent discovered in some unusual places

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The three finalists for our sponsored West Oxfordshire Business Awards 2016 Business Person of the Year have been announced, showcasing business talent in some unexpected places. Alexander Edwards, MD of The Cotswold Tailor ; Darren Aston, MD at ...

Do you have a right to read your employees private emails?

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This is a question that somewhat surprisingly made its way to the European Court of Human Rights (ECHR) in the recent case of Barbulescu v Romania. Mr Barbulescu was employed as an engineer in charge of sales. As part of his duties, Mr Barbulescu was asked...

Am I a common law husband or wife?

Sally Clark
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The very short answer to this question is “no”. Legally there is no such thing as a common law husband or wife. It is a very common misconception that if you live with another person for a period of time that you acquire rights in relation to...

Ken Norman of Brethertons named charity fundraiser of the year

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We are delighted to announce that Ken Norman, Key Client Manager, has been named ‘ Charity Fundraiser of the Year ’ in the Oxfordshire Employee of the Year Awards , organised by Plus One Personnel .       The...

Can I contest a Will?

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If you have significant doubts as to the validity of a Will you may be able to contest the Will. Clearly before doing so you need to consider a wide range of factors including if the existing Will is declared invalid whether you would benefit to any greater...

Whistleblower paid £137,000 after being "bullied" out of his job

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Hot off the press! Just over a week ago – news spread in the construction industry of Balfour Beatty paying out a six figure sum to a whistleblower who accused the company of under-estimating potential profits. Nigel McArthur, from Devon, worked as a...

Divorce - what you need to know

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With Newspapers and gossip magazines printing that Celebrities are getting 'quickie' divorces based on 'irreconcilable differences', it can be difficult to understand the real process of a divorce and how it works. To set the record...

EU Succession Regulations - do you have a holiday home in Europe?

Emma Stewart
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In August 2015, most of the EU member states incorporated into law the EU Succession Regulations which change the way your property can be dealt with when you die. The UK has not incorporated the Regulations; however, if you own property in a EU member...

Do you or shareholders of your company still hold bearer shares?

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We previously wrote an article on this subject (Small Business, Enterprise and Employment Act 2015) when the 9 month period for surrendering bearer shares was implemented.  We are now 8 months into the 9 month surrender period for cancelling or...

Cheryl Fernandez Versini divorces JB!

Liz Headley
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Well speaking of January divorces none would appear to be quite as public as Cheryl Fernandez Versini’s! The decision to divorce from short term husband Jean-Bernard has obviously grabbed the attention of the tableaux newspapers and social media, all...

Right to rent checks - are you ready for 1st February 2016?

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From 1 February 2016 all private landlords in England, including those subletting or taking in lodgers, will need to check the immigration status of all of their tenants, before entering into a new tenancy. These new rules are set out in the Immigration Act...

Zero Hour Contracts...what next

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Zero hour contracts have been the talk of the town since the Conservatives came into power….but what’s the latest on them now? With effect from 11th January 2016, the Government introduced The Exclusivity Terms in Zero Hour Contracts...

The pitfalls of buybacks out of capital

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If your company wants to buy back it’s own shares from an existing shareholder of the company and more particularly, out of the capital of the company, rather than out of distributable profits, then you need to ensure that you follow the statutory...

What happens if you die without a Will?

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If a person dies without leaving a Will then they die intestate. This means their estate will be dealt with under the intestacy rules which dictates who inherits the deceased’s estate. In October 2014 changes to the rules that determine what...

All you need to know about mediation

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Over the last year as Legal Aid has been cut for many people, the Government and the Court have emphasised the route of mediation instead of costly Court proceedings. There are very limited circumstances where someone will now be eligible for Legal Aid and...

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