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Welcome to our News & Blogs

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of our blogs are based on English Law, and because they contain archival material, that material is likely to go out of date.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.

Compensation for violent assaults

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If you are unfortunate enough to suffer injury as a result of violent crime, you are entitled to apply for compensation to the Criminal Injuries Compensation Authority (CICA).  An application needs to be made within two years of the assault, which can...

International Surrogacy - are we the child's legal parents?

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In my experience, this is perhaps the most important but very rarely asked question. The first question is almost always - how can we bring our baby home? This is not surprising, given that creating life through surrogacy, often in cases where parents have...

What is the difference between freehold and leasehold?

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In broad terms there are just two ways in which any residential property in England and Wales can be owned – freehold or leasehold.  But what is the difference?  Is one better than the other? Legally the two forms of ownership are completely...

Settlement Agreements... what should you be aware of?

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You’ve employed Joe Bloggs for 4 years as a Sales Executive. A year ago you noticed a change in his work, failure to meet targets and a lack of commitment to the role. You’ve tried to call him into a meeting to try and discuss matters in...

"My mother needs a Lasting Power of Attorney, she has Dementia"

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It's the kind of comment I dread to hear, but I've heard it more than once. The reason it fills me with dread is because, more often than not, it is too late for me to provide them with what they want and need, a Lasting Power of Attorney....

A dog's for life. A restrictive covenant isn't.

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Giving advice on the enforceability of restrictive covenants involves careful analysis of the precise wording and consideration of their effect (intended or otherwise.) Contrary to popular belief, the courts regularly enforce restrictive covenants, provided...

The grandparent trap

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When relationships and marriages sadly breakdown, there is often such a focus on organising where the children are going to live and how much they will see the other parent, that grandparents can quite often get forgotten or overlooked.  Particularly...

Personal Injury claims for children

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At Brethertons we are often instructed by parents regarding injury claims suffered by one of their children. If the child is under 18 years of age then the claim needs to be brought by a “litigation friend” - usually the mother or father of the...

Joint Tenants or Tenants in Common - how do you own your house?

Emma Stewart
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Many people do not know whether they own their house as joint tenants or tenants in common. It is really important to know the difference because it determines what happens when you die. Joint tenants means that you and the other owner own the whole of the...

Ashley Madison leak sparks rise in divorce

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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...

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...

Does exactly what it says on the tin?

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Guest blog by Yu-Chun Pan 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...

Mergers and Acquisitions

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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 every...

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...

LASPO 30 months on

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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

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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!

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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...

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

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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...

Helping SpecialEffect level the playing field

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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...

Donatio Mortis Causa - no substitute for a Will

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On 9 June 2015 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 words, a...

TUPE: A change of emphasis

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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...

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...

Large Business triumphs at established awards ceremony

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Local Hallmark Care Home, Anya Court , has been recognised at the prestigious Rugby Business Excellence Awards, coming away with the coveted Large Business Award, sponsored by Brethertons Solicitors, which is based in the town. The Rugby Business...

Settlement Agreements... what's the deal?

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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...

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