How the Domestic Abuse Prevention Programme not only fails to protect victims of domestic abuse but fails to address the welfare of the children. At the recent Resolution National Conference 2022 in Birmingham last week; Read more…
Category: Articles
Court servings and human rights: a UK/US comparison
Olivia Wilde’s court serving could have breached human rights conventions in the UK Whilst possibly entertaining, the service of US custody papers (known as child arrangement order in the UK) to Olivia Wilde onstage at Read more…
Challenging times for construction professionals and design and build contractors: professional duty of care
Originally published in Construction Law Magazine In these difficult times for the construction industry, it is more important than ever for construction professionals and design and build contractors to understand the scope of their professional Read more…
The Benefit of Multiple Wills for Different Jurisdictions
As more of us become internationally mobile and own assets overseas, many clients will require co-ordinated estate planning, using multiple wills, namely multi-jurisdictional and separate situs wills. Whether it’s opening a foreign bank account, buying a holiday Read more…
HMRC Clarifies the Position on VAT Treatment of Dilapidation Payments
A dilapidation payment is the money claimed by a landlord from a tenant upon the termination of a lease to cover the cost of repairs to a premises when a tenant has failed to return Read more…
Legal Issues Facing the Metaverse
The concept of the ‘metaverse’ has attracted much press interest of late, covering the emerging appetite for metaverse investment opportunities, a recent virtual land boom, or where crypto, gaming and capitalism collide. The term ‘metaverse’, which comes Read more…
No-Fault Divorce is Nearly Here – What Does This Mean for You?
On 6th April 2022 the long-awaited no-fault divorce will be introduced in England and Wales under the Divorce, Dissolution and Separation Act 2020. This reform is widely welcomed by family law professionals and it seeks Read more…
A Guide to the UK Trusts Register
If you’re a trustee, or you administer or benefit from a trust, it’s important that you understand how the introduction of the UK Trusts Register may affect you and your trust The Register was introduced Read more…
Is Now the Right Time sell your Wealth Management Business?
Over the last 12 months, there has been healthy M&A activity within the adviser industry, with attractive valuations, encouraging increasing numbers of IFAs to contemplate a sale. However recent data from Schroders* shows regulation and Read more…
Why Business Owners Should Review their Power of Attorney
While some business owners may have LPAs in place to cover their financial affairs if they lose capacity to make decisions, many will have attorneys that are their spouses, or other family members. However, few Read more…
Employee Ownership Trusts – A Win/Win?
Have you considered selling your business in a way which is not only tax efficient but which can reward and incentivise your employees at the same time? A sale of your shares to an Employee Read more…
Domestic Abuse and the Law
Recent figures published by the Office for National Statistics have revealed that the number of domestic abuse related crimes rose by 6% in the year ending March 2021, however, the figure of charges for domestic Read more…
Divorce and Social Media – Avoiding the Pitfalls
If you are going through a divorce – whether it is amicable or acrimonious – it is important to think carefully about the effects social media may have on your case. This article does not Read more…
How can I Protect my Business Assets if I am Going Through a Divorce?
While not always the case, in the event of a divorce it is common for a business asset – whether it is a private company, sole trader, interest in a company or shares in a Read more…
Considering the Potential Tax Implications of Divorce
If you are separating from your partner, it is important to consider the tax implications of a divorce. If you are domiciled in England and Wales and choose to process your divorce in this jurisdiction, Read more…
Why Networking is More Important Than Ever for Junior Lawyers
In recent weeks, the Lawrence Stephens team have been out and about networking with our peers, clients and friends old and new at various industry, networking and social events across London and beyond. We pride Read more…
My Ex-Partner and I Disagree on Vaccinating our Children. What Can I Do?
Vaccinations have been a huge topic in the media since the COVID-19 vaccine roll-out began in December 2020. With all UK adults now having had the opportunity to receive both vaccinations and a number currently Read more…
Establishing Jurisdiction in an International Divorce
Every country has its own divorce laws and the approach towards capital payments, maintenance, pensions and nuptial agreements can vary significantly from country to country. Where there is an international element to a marriage, for Read more…
Why You Should Embrace A Sustainable Business Culture in 2022
Over the last decade, environmental concerns and sustainability have become hot topics for governments, businesses and individuals around the world. Last year, ‘net-zero’ start-ups in Europe raised a total of £2.1 billion from venture capital Read more…
What Will Happen to My Pension Following Divorce?
After the matrimonial home, a pension is often the second largest asset to be considered in the event of a divorce. It is therefore important to understand the options available to parties when dealing with Read more…
What You Need to Know about Codicils
Life is always changing and, naturally, our lifestyle choices and priorities will change as well. If you have written a Will and your circumstances change, you can easily update your Will to reflect your wishes Read more…
What is the Future for Sustainable Commercial Property?
Insulate Britain have made themselves a household name within the last few weeks, after staging several protests on the M25 and on other major highways, resulting in swathes of arrests, many disrupted commutes, and numerous Read more…
Winding-Up Petitions – Are We Back Where We Started?
The Corporate Insolvency and Governance Act 2020 (CIGA 2020) marked significant changes to UK insolvency law, gaining royal assent on 25th June 2020 after just 5 ½ weeks. CIGA 2020 introduced several permanent and temporary Read more…
How IR35 Legislation is Affecting the UK’s HGV Driver Shortage
Recent reports indicate that the UK’s HGV Driver Shortage has reached over 100,000. There are a number of reasons cited for the substantial shortfall, including Brexit, COVID-19, an aging workforce with many drivers retiring, and Read more…
How Can I Protect My Inheritance After Divorce?
If you are considering, or in the process of getting a divorce, it is important to bear in mind that assets from your current or future inheritance could be impacted. During financial proceedings, the Court Read more…
What to Expect from the New “No-Fault” Divorce System
After years of campaigning from supporters, The Divorce, Dissolution and Separation Bill finally became an Act of Parliament on 25 June 2020 and is due to come into force on 6 April 2022. As the Read more…
I am Considering a Divorce – Where do I Start?
Coming to the decision that you wish to divorce your spouse can be very daunting. Emotions run high and there is anxiety of the future and what lies ahead. Whilst the process may seem overwhelming, Read more…
Why It’s Never Too Soon to Write Your Will
Many of us are guilty of putting off writing our Wills, believing that it’s not something we need to worry about until we reach retirement age, or older. However, this last year alone has shown Read more…
Should all Employers Implement a Vaccination Policy at Work?
Thousands of businesses have been forced to make critical changes to their HR policies since the global outbreak of COVID-19 in 2020. With staff health and wellbeing an increasing priority as restrictions are relaxed, many Read more…
Furlough After 1 July: What You Need to Know
Significant changes to the Furlough Scheme made on 1 July require employers to now make a minimum contribution of 10% to furloughed employees’ salaries. The recent changes mark the next step in a phasing out Read more…
How Can I Reduce My Inheritance Tax Bill?
Inheritance Tax (IHT) is a tax added to the estate of a deceased person, including all their property, possessions and financial assets. Depending on the value of your estate, you may not always have to Read more…
Plant a Tree – and Get an ASBO?
If you were asked to visualise the cause of an Anti-Social Behaviour Order, one of the last images you might think of would be the planting of few Cherry trees on a private property. However, Read more…
What is a Deputyship Order and Who Needs One?
A Deputyship Order is a legal document which enables elected representatives to make important financial and welfare decisions on behalf of a person who has lost the capacity to handle their own affairs (ie. As Read more…
Breathing Space Moratorium Introduced to Assist Struggling Debtors
On 4 May 2021 the Government launched the Breathing Space Moratorium and Mental Health Crisis Moratorium (England and Wales) Regulations 2020, a new scheme designed to help individuals manage spiralling debts. What is a Breathing Read more…
Westfield Landlord Wins First CRAR Dispute Despite COVID Defence
The High Court decision in Commerz Real Investmentgesellschaft v TFS Stores Limited (2021) has ruled in favour of CRI, the owner and commercial landlord of the Westfield Shepherd’s Bush premises, in its action against its Read more…
Setting Up A Charity: What You Need to Know
Many people are unaware that you can set up your own charity if you have a charitable cause. Setting up a charity is more straight-forward than you might think, and it will enable you to Read more…
Government Calls for Evidence on Latest Commercial Rent Measures
Since extending restrictions on Commercial Rent Arrears Recovery (CRAR) and commercial evictions last month, the government has released a call for evidence on the latest commercial rent measures from landlords, tenants and all relevant stakeholders Read more…
Further Measures Introduced to Protect Businesses from Insolvency and Eviction
The UK Government have announced further measures to protect businesses from insolvency and eviction up until 30 June 2021. The measures that have been extended include: Winding-Up Petitions: Temporary changes to the Corporate Insolvency and Read more…
All Private Landlords to Issue Electrical Safety Reports from 1 April
From 1 April 2021 it will be a statutory requirement for all landlords to carry out electrical safety tests and issue electrical safety reports to tenants for all private tenancies in England. The Electrical Safety Read more…
What Does the GDPR Adequacy Decision Mean for Business?
Following its official departure from the EU on 1 January 2021, the UK is now classified as a ‘third country’ for data protection purposes. This means that the European Commission has until 30 June 2021 Read more…
Stamp Duty Surcharge of 2% for Non-UK Residents Approaches
During last week’s budget we heard that the Stamp Duty Land Tax (SDLT) holiday would be extended until 30 June for residential properties with values up to £500,000, with a final deadline of 30 September Read more…
What the 2021 Budget Means for Employers
Yesterday’s Budget announcement from Chancellor Rishi Sunak brought some promising news for many employers, employees and organisations across the UK. We’ve summed up some of the key developments that employers need to prepare for going Read more…
Providing for Digital Assets in Your Will
Over the last several years we have become increasingly more reliant on digital platforms to manage our finances, investments and many other valuable assets. We are used to accounting for physical property in our Wills, Read more…
UK GDPR – Where Are We Now?
Remember back in 2018 when all anyone talked about was the looming enactment date of the GDPR, and the 25 May deadline was etched in your brain for months? Now, this seems like a distant Read more…
How Are the Off-Payroll Working Rules Changing in 2021?
On 6 April 2021 significant changes to the government’s IR35 regime will come into effect. The IR35, also known as the off-payroll working rules (the “Rules”), govern the national insurance contributions (NIC) and income tax contributions of Read more…
The Cladding Crisis and the UK Government’s Five-Point Plan: A Drop in the Ocean?
Almost four years following the Grenfell Tower tragedy on 14 June 2017, the UK Government has finally announced a plan to tackle unsafe cladding in residential buildings across the UK. The obvious question is why has it Read more…
LIBOR Living on Borrowed Time: The Transition from LIBOR to SONIA
2021 will be the last year we see the LIBOR rate used in the global financial markets as we transition to the SONIA rate. But what does this mean for the syndicated and bilateral loan Read more…
New Year, New Will? Why You Should Consider Making a Will in 2021
What is your new year’s resolution? Being more active? Starting a new hobby? Finding a new job? Whatever it is, one New Year’s resolution we all should have in the forefront of our minds for Read more…
Stamp Duty Land Tax Holiday Deadline: What You Need To Know
As we approach the Stamp Duty Land Tax (SDLT) holiday deadline on 31 March, many buyers and sellers are feeling the pressure to get their property transactions over the line to make significant tax savings Read more…
UK Leads on European Venture Capital Transactions
The British Private Equity & Venture Capital Association released its latest Quarterly Review last week and despite the uncertain macro-economic conditions across Europe, the Report outlines that the UK is leading European venture capital transactions Read more…
What is a Lasting Power of Attorney and Who Needs One?
A Lasting Power of Attorney (LPA) is just as important as making a Will if not more; it is an essential legal mechanism which makes sure that your assets are handled by someone you trust Read more…
Government Reforms to Benefit Leaseholders
On 7 January 2021 the Housing Secretary, Robert Jenrick, announced revisions to leasehold enfranchisement laws, which come as part of the biggest proposed reforms to English Property Law in 40 years. Lease Extensions Under the Read more…
The New Help to Buy: Equity Loan Scheme: What You Need to Know
First-time buyers are able to apply for an equity loan with the new Help to Buy: Equity Loan (2021-2023) scheme from 16 December 2020. The new scheme replaces the current Help to Buy: Equity Loan Read more…
Finance Act Raises HMRC’s Ranking in Insolvency Proceedings to Secondary Preferential Creditor Status
On 1st December 2020, the Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations came into force. Under the Regulations, HMRC will be a secondary preferential creditor in all insolvencies commenced on or after this Read more…
How does GDPR affect internal investigations?
This month, the High Court has looked at the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and their relevance in internal disciplinary proceedings. In Kathryn Hopkins v HMRC, the employee was Read more…
Stress Awareness Week 2020: What have we learnt?
As some of you may be aware, last week was Stress Awareness Week in the UK, and it could not have arrived at a more crucial time. Amidst the reintroduction of tighter lockdown measures, it Read more…
Exhausted options? Considerations for ending employment
The decision to end employment The decision to make redundancies is never one that is taken lightly, though the chance of us seeing further redundancies in the coming months seems increasingly likely. We have covered Read more…
Rent arrears recovery and protection
Following our previous article on this topic, the government has extended the protections available to commercial and residential tenants. This article also outlines the remedies available for landlords. FORFEITURE Section 82 of the Coronavirus Act Read more…
Reflections on World Mental Health Day 2020
Tomorrow is World Mental Health Day, and thanks to the ongoing pandemic, this year could be the most important one yet. In the space of just six months, we’ve experienced a national lockdown, a huge shift Read more…
Flexible working, reducing hours and changing contracts: An employer’s guide for shifting employment needs
On the 31st October, the Coronavirus Job Retention Scheme will come to an end, placing millions of UK jobs at risk. Most businesses have faced unprecedented challenges and financial hardships during the pandemic and are Read more…
Blockchain and Cryptocurrency – So What?
Bitcoin (BTC) was born 11 years ago, and ever since, there has been much hype over this killer technology and the ways it can revolutionise various aspects of our lives. So far, we’ve seen people Read more…
What is the government’s new Kickstart Scheme?
Over the few months, businesses across the country have been navigating the reality of operating their businesses amidst a global pandemic. Despite the efforts made to smooth the transition and encourage workers back into the Read more…
What pay are employees entitled to if self-isolating after their holiday abroad?
From 8 June 2020, Government Regulations (the “Regulations”) require most people travelling to the Common Travel Area (UK, Ireland, the Isle of Man and the Channel Islands) to quarantine for 14 days. What does this Read more…
What happens when the furlough scheme ends?
The Government’s Coronavirus Job Retention Scheme has been a lifeline to many businesses, with 1.2 million employers claiming for employees’ wages. As the scheme begins to wind down, we go through what employers need to Read more…
Redundancy amidst COVID-19: What employers need to know
COVID-19 has thrown up a whole host of problems for businesses. Government schemes – such as the Coronavirus Job Retention Scheme (the “Scheme”) – have provided some relief to employers, allowing them to continue operating Read more…
Rent Arrears Recovery: Considerations for Landlords and Tenants
As the pandemic continues to affect the economy and businesses, the government has introduced a number of measures for commercial and residential tenants. Forfeiture Section 82 of the Coronavirus Act 2020 (‘the Act’) is intended Read more…
Virtual witnessing of wills becomes legal
In what is being described as the “biggest change to law in 200 years,” the Ministry of Justice (MoJ) has this week announced that people will be able to sign wills with a witness only Read more…
Further reforms to the Use Class Order used in planning laws which include 3 new Use Classes
The government has this week announced further changes to planning laws, this time revamping the current Use Classes order. Currently planning permission is required where there is a change of use of a property and Read more…
Construction Leadership Council publishes its Fifth Edition of Construction Site Operating Procedures – 1 July 2020
The new version of the CLC’s Site Operating Procedures reflected the governments easing of its guidance on lockdown which will apply from the 4 July 2020. The main change which contractors have been looking for Read more…
Electrical safety standards in the private rented sector
New Regulations require landlords to have the electrical installations in their properties inspected and tested by a person who is qualified and competent, at least every 5 years. Landlords have to provide a copy of Read more…
Why you should have a will
Making a will is an important part of insuring your family’s financial future. Wills are legally-binding documents which provide an essential guide as to how your estate and assets should be distributed after death. This Read more…
The Future Fund: How to fund your future
As the Coronavirus crisis continues to affect businesses all over the country, the government has introduced a number of different measures to help protect the economy and businesses’ futures. One such measure, announced by the Read more…
Suspension of Wrongful Trading and the Corporate Insolvency and Governance Bill
The Corporate Insolvency and Governance Bill (“Bill”) was published on 20 May 2020. The Bill intends to provide businesses with the flexibility they need to continue to trade during the Covid-19 pandemic and ease the Read more…
Property market reopen for business: Has it? Will it?
As of the 13th May, the government has relaxed restrictions imposed on the property sector during the coronavirus lockdown period. Estate agents, removal companies, conveyancers, and surveyors can resume trading; buyers and surveyors can visit properties Read more…
Contesting a Will: FAQs
The impact of the ongoing coronavirus pandemic has raised a number of adverse challenges for families and individuals across the country. More than ever before, families may be in the position of needing to contest Read more…
Everything you need to know about the government’s new measures for the property market
Last week, the government announced its measures to help restart the property market after a period of deep freeze, following the UK’s measures taken to curb the spread of coronavirus. During this period, it has Read more…
Hard Work for Hard Hats
Over the last few weeks, we have been helping clients – both employers and contractors – prepare their compliant Construction Design Management (Health and Safety) and Site Operating Procedures, which understandably involve enhanced COVID -19 Read more…
How to support your colleagues through furlough
The impact of COVID-19 has been felt everywhere. Businesses across the country are feeling the strain, and many of us will have friends, family members and colleagues who have been furloughed through the Government’s Job Read more…
Commercial Property and COVID-19 – FAQs
In this legal insight, Partner Danny Schwarz seeks to provide clarity on practical issues that building occupiers and owners have experienced, by addressing some of the most frequently asked questions he and his team have Read more…
UPDATE – Annual Leave Entitlement: Where Do You Stand If You Have Been Furloughed?
Annual leave entitlement The Working Time Regulations 1998 (the “Regulations”) provide that workers are entitled to 5.6 weeks’ paid annual leave per year (prorated for part time employees). This is made up of a minimum Read more…
COVID-19: Witness of Deeds
During the current COVID-19 climate with the government advising on social distancing, many people will find executing documents difficult. So, what advice should law practitioners be giving their clients to assist when executing documents? Can Read more…
Annual Leave Entitlement: Where Do You Stand If You Have Been Furloughed?
Annual leave entitlement The Working Time Regulations 1998 (the “Regulations”) provide that workers are entitled to 5.6 weeks’ paid annual leave per year (pro-rated for part time employees). This is made up of a minimum Read more…
COVID:19: What does the future hold for the secured lending market?
In the current lending market, many businesses are under extreme time pressure to refinance existing facilities, complete on purchases committed to before COVID-19, or secure development financing. A big proportion of these businesses are now Read more…
2% stamp duty surcharge overseas purchaser
On 11th of March 2020 Chancellor Rishi Sunak announced in his budget that from 1st April 2021, a 2% surcharge on Stamp Duty Land Tax (SDLT) would be imposed upon non-UK resident buyers of residential Read more…
COVID-19: Advice for employers and employees
COVID-19: Corporate Finance Advice
Residential Property Transactions and COVID-19 – FAQs
The measures taken by the UK Government to contain the spread of the coronavirus have created profound complications for the UK residential property market. Legal concerns relate to drafting contracts, financing arrangements, force majeure provisions, Read more…
Start-ups: How will Coronavirus affect your business?
Start-ups: How will Coronavirus affect your business? The Coronavirus crisis has meant that many small businesses have been forced to cease trading on a record scale. My previous article (found here) outlined some of the Read more…
Company Employment Sanctions and COVID-19 – FAQs
Last month, businesses across the country adapted to new measures designed to curb the spread of COVID-19. Due to the continually evolving nature of the crisis, this has raised a number of questions related to employment. To offer Read more…
Furlough: What does it mean for you and your business?
With businesses across the country forced to close at an alarming rate, the Government has introduced a number of emergency measures to help try to keep the UK economy afloat. The newly proposed Coronavirus Job Read more…
COVID-19: Construction sites may stay open
As more and more companies announce the closure of their construction sites, the government’ guidance remains that construction sites may stay open provided the Public Health England (PHE) guidelines, including keeping two-metres from others, can Read more…
Coronavirus Round-Up: What you need to know to help your business get through the crisis
As the UK government announces new, stricter measures to curb the spread of coronavirus, businesses across the country are preparing for a vastly different economic climate when we eventually emerge from the crisis. The effects Read more…
Commercial Tenants: no evictions for 3 months – but what will really happen?
There was an air of inevitability with the announcement, and it is hard to argue against it. The Government announced on the 23 March that given the unprecedented strain on businesses, any tenants affected by Read more…
The Government’s attempt at ‘Squashing the Sombrero’: will banning evictions for 3 months on Commercial Tenants really solve the problem?
I miss Brexit. In light of the strict lockdown on 23 March 2020, the Government have implemented further concessions to assist tenants in the short-term and announced that commercial tenants who are affected by Covid-19 Read more…
Are Your Commercial Contracts Safe as Houses?
In the wake of the global COVID-19 (coronavirus) outbreak, we consider the general legal principles that apply to commercial contracts and the implications for our clients (particularly those of commercial landlords and tenants). Unforeseeable circumstances Read more…
Reflections on International Women’s Day
What does International Women’s Day mean to us? Sunday 8th March marked International Women’s Day, an event which recognises and celebrates the achievements of women around the world. All as part of the global efforts to Read more…
Leasehold Enfranchisement: Are leaseholders finally going to see change?
On the 19th December 2019, the Queen’s Speech – delivered at the opening of Parliament, set out the government’s proposed legislative policies for the forthcoming year. High up on the agenda was the issue of Read more…
The future of law – Can the human touch retain parity with technological innovation?
For many, March is simply the start of spring but for those connected to the real estate sector it means much more than that. Each March, the biggest names in property flock to Cannes for MIPIM, the world’s Read more…
How can tenants manage a disappearing landlord?
A vast number of people throughout London and the UK struggle to purchase a home and renting property has quickly become the norm. However, despite its prevalence, renting certainly does not come without its issues. Read more…
To be or not to be an expert witness
Anne Wright of Lawrence Stephens and barrister James Davison of 3PB provide practical guidance on selecting an expert witness, and advise witnesses how to behave once appointed. ‘The expert witness’s primary duty is to help Read more…
Contracting out the 1954 Act – what can you get away with?
This week the High Court had a rare opportunity to consider some practical issues that arise when commercial leases are excluded from the Security of Tenure Provisions in the Landlord and Tenant Act 1954, which Read more…
Upcoming Changes to Tenant Fees – Letting Agents and Landlords to Take Note
From 1 June 2019 the Tenant Fees Act 2019 (“the Act”) will impose restrictions on fees that can be demanded from tenants of newly granted Tenancies (such as ASTS, student lettings and licences to occupy Read more…
Frustrated by Brexit? Not if you are a Landlord!
A significant decision was reached today in the High Court which will allow Landlords up and down the country to breathe a huge sigh of relief. The High Court considered a claim by the European Read more…
Tenant Fees Bill receives Royal Assent
On 12 February 2019, the Tenant Fees Bill 2017-19 received Royal Assent and became the Tenant Fees Act 2019. The Act will come into force on 1 June 2019 for new and renewal leases and Read more…
Pressure to use airspace builds up
A potential way of dealing with the lack of development land space in urban areas is not to build on land but its airspace. Anne Wright and Avi Barr discuss the construction and legal implications developers should Read more…
Another problem with the government’s ‘death tax’?
The Ministry of Justice’s controversial proposal to radically increase fees for administering probate has hit another snag, as it has emerged that the government has not assessed the costs attached and the practical application of Read more…
Non-resident Investors – The Three-Month Property Supermarket Trolley Dash
The chimes at midnight this week meant more for UK non-resident investors than simply a new year – it marked the countdown to new rules coming into force on the payment of Capital Gains Tax Read more…