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Latest Posts

Charity premises and land transactions - avoid the traps

Graham Beach
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Charities enjoy favourable tax status but must follow a range of statutory rules, and this includes obligations in regard to leasing premises and property transactions.  The trustees must take care to follow the proper process if they want to sell or...

Employers' guide to dyslexia in the workplace

Kenneth Amakye
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‘One in ten people are estimated to have dyslexia according to the British Dyslexia Association,’ says Kenneth Amakye , an Associate Solicitor in the employment team. ‘Dyslexia awareness week runs from 2 - 8 October 2023, and charities...

Promises, promises - when do you have a legally binding contract?

Selwan Yousif
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While some business transactions are quick and simple, many involve protracted negotiations as you shop around for the best provider of goods or services and negotiate hard to get the best terms and conditions. Some businesses in your supply chain may have a...

Can I amend our divorce settlement due to a chronic health condition?

Deborah Nicholson
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During a divorce or dissolution of a civil partnership, there are a number of factors that must be taken into account when dividing financial assets.  These factors include any mental or physical disability of either spouse or civil partner and what...

Could your digital art or crypto assets be lost to obscurity?

Rebecca Tuffrey
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Part of the success of TV shows like the BBC Antiques Roadshow is the thrill when a long-cherished family heirloom turns out to be surprisingly valuable, for example a piece of china that has been on display in the home for many years. Occasionally, a rare...

Claiming compensation after an accident on a pavement

Jalal Mirza-Baig
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Claiming compensation after an accident on a pavement Cuts in public budgets and an inability for planned work to be carried out during the pandemic, has meant that pavements and footpaths are often in a sad state of repair.  Accidents can happen,...

How to negotiate a turnover rent for retail premises

Alexandra Arthur
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Turnover rents are increasingly common in retail lettings.  In challenging times, they appeal to tenants because both the landlord and tenant share the risk of trade being adversely affected by the state of the wider economy.  Landlords would...

Talking 'off the record' and settlement agreements

Selwan Yousif
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‘Using a settlement agreement to bring an employment relationship to an end, and effectively wipe the slate clean, can be very useful. But, to start the conversation, employers need to be able to speak off the record,’ says Selwan Yousif , one...

How long does probate take?

Hardeep Gill
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When someone passes away, it is a very challenging and difficult time for those who knew them personally. Bailey & Cogger Solicitors is fully aware that if you are a family member or friend responsible for dealing with the deceased person’s...

Getting employees back to the office

Selwan Yousif
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Getting employees back to the office According to the Office for National Statistics, before the Covid pandemic only one in eight working adults reported working from home at least once during the previous seven days. This figure peaked at 49 per cent...

Should you drag along or tag along as an investor?

Selwan Yousif
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Becoming a minority shareholder or investor in a business may lead you to believe that, given the limited rights you will have, there are not many important considerations to take into account. However, even a minority investor needs to protect their...

Selling spare land on a commercial site

Graham Beach
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If you own a commercial property which is larger than you need, selling part of it could be a good way to release value.  Before you start, it is vital to have a clear idea of how the division will work from a practical point of view. This will ensure...

Planning for success in a partnership merger

Selwan Yousif
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Where there is a good cultural alignment, a merger can offer numerous benefits to two smaller partnerships, particularly in terms of sharing costs and resources, and access to economies of scale while potentially also reducing competition. ‘There are...

When Is Probate Required?

Hardeep Gill
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When an individual passes away, there are a number of matters which the executor of the Will or the administrator of the estate will need to efficiently handle before beneficiaries are entitled to receive their inheritance. This includes finding out whether...

Buying your first commercial property

Graham Beach
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Many would-be investors are drawn to commercial property.  Even in times of economic uncertainty, people like the idea of investing in bricks and mortar which can feel more real than a purely financial investment.  A commercial property can be the...

What do I need to make a Will?

Manprit Bhangra
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Discussing life after you pass can be hard to comprehend and acknowledge, and due to the sheer sensitivity of the subject, writing a Will is often something that many people avoid doing. This means many individuals pass away without having a valid Will in...

What is a consent order and do I need one when getting divorced?

Deborah Nicholson
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When a couple marries or enters into a civil partnership, their individual finances become one. However, the point to be aware of is that divorce or dissolution does not automatically separate your finances. Upon divorce or dissolution, both parties’...

Our employers' guide to Christmas party fallout

Kenneth Amakye
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Christmas parties are a great chance for employees to have fun together and for employers to treat their staff as a ‘thankyou’ for their hard work during the year. An unintended consequence can be that employees take this as a chance to behave...

Developing on brownfield building land

Graham Beach
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In a world where green space is increasingly valued for its role in fighting climate change, it makes sense to reuse previously developed sites, often referred to as brownfield land.  It may be easier to get planning consent to develop brownfield land...

Employee benefits; pitfalls to avoid

Kenneth Amakye
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Employee recruitment and retention remains challenging for employers and offering an attractive package of benefits can give employers an edge. A wide range of benefits can be offered, including buying or selling annual leave; reduced gym membership; private...

Negotiating a commercial finance agreement

Graham Beach
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If you need a cash injection for your business to help with growth costs, or to fund the purchase of plant and equipment, diversification, or expansion, then you will need to think carefully about the finance options open to you and their potential pros and...

Accidents in a care home: residents and visitors

Jalal Mirza-Baig
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Nearly half a million people were living in care homes in the United Kingdom in 2021, according to recent figures . Given that many of these residents will be elderly, infirm or both, and the added strain placed on care homes due to the pandemic, it is...

Redeveloping commercial property around your tenant

Graham Beach
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Redeveloping parts of a building in your portfolio, to create a more flexible layout or perhaps add additional floors, can be a good way to enhance investment value.  This is easiest in a vacant building, but you may have good tenants and want to...

Investigating employee misconduct: how to get it right

Kenneth Amakye
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‘Being dismissed for misconduct can have a devastating impact on an employee’s future job opportunities,’ Kenneth Amakye , an Associate Solicitor in the employment team with Bailey & Cogger. ‘Before fairly dismissing...

Restrictive covenants and development sites

Graham Beach
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Even the most promising development can be knocked off course if the land is subject to a restrictive covenant.  Restrictions of this sort can prevent land being built on or being used for specific purposes for many years, even if the development has...

Dismissing an employee fairly: a refresher

Jalal Mirza-Baig
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The law gives five potentially fair reasons for dismissal, including breach of a statutory duty or restriction and some other substantial reason capable of justifying dismissal. The most commonly used reasons are redundancy, capability and misconduct. Even...

Risks and rewards with a personal guarantee

Selwan Yousif
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The most common reason why a director will be required to provide a personal guarantee is because a lender or supplier perceives a level of risk in your business. Perhaps the lender is not confident that your business cash flow is liquid enough to fulfil its...

Securing access for a commercial property

Karen du Rocher
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Once a commercial tenant has agreed a lease and moved into business premises, they will rely on having unobstructed access to easily enter the premises for the purposes of their business.  Unless premises sit alongside a public road, they will probably...

How to remove the executor of an estate

Selwan Yousif
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If you are concerned about the behaviour or actions of someone who has been appointed as an executor to someone’s will, then it may be possible for you to apply to the court to have them removed from their post and replaced by someone else. This might...

Excluding or limiting liability in B2B terms and conditions

Selwan Yousif
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Setting out the terms upon which you provide your goods or services to another business will reduce the risk of a dispute by making clear the expectations on either side. But what if a dispute arises and a client or customer claims that they have suffered a...

Christmas trading - implications for landlords and tenants

Graham Beach
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Retail, leisure, and hospitality businesses will be banking on a good festive season this year. Shops will want to stay open for longer and may want to add to their usual offer, to attract as much footfall as possible. Landlords with empty units will be...

Court Rejects 28 Divorce Petitions for Having Identical Wording

Deborah Nicholson
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Online divorce company iDivorces was found to have submitted 28 divorce petitions with the exact same wording used for the reason for the divorce, leaving the court they were submitted to no choice but to reject the petitions. Each petition set out a...

Challenging unreasonable ground rent on leasehold homes

Selwan Yousif
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If you have bought a new home in the last few years, then there is a chance that you will own your property on a leasehold as opposed to freehold basis. If this is the case, then you may be liable to pay ground rent charges to the person who retains...

Carers' rights at work

Kenneth Amakye
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According to Care UK, three million people in the UK are juggling work with unpaid caring for disabled, seriously ill, or older loved ones. NHS England reports that carers are twice as likely to have poor health than those without caring responsibilities. ...

Winding up and closing down a company cleanly

Selwan Yousif
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While many founders and business owners will implement succession plans to sell or pass their business to a new generation of owners, sometimes it is clear that you have reached the end of the road and the best decision is to call it a day and close the...

Options if you suspect abuse of a power of attorney

Selwan Yousif
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With more people in the UK now living into their 80s and 90s, an increasing number of us are choosing to make a lasting power of attorney. This is a legal document under which we appoint someone we trust to make important decisions about our finances, and...

Landlord's options if a tenant breaches repair obligations

Graham Beach
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Making sure a commercial property is well maintained is one of a landlord’s key priorities, and it is almost as important as getting in the rent. Under a full repairing and insuring lease; the tenant is obliged to keep the property in a good state of...

Senior executive departure - tips for a smooth exit

Kenneth Amakye
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Despite all your best efforts to recruit and retain the right key executives, sometimes things just do not work out as planned and it becomes evident that it will be necessary to part company. ‘Managing the departure of a senior executive carefully,...

Ecommerce refresher for retailers trading online in the UK

Selwan Yousif
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Ecommerce is a fast-moving medium for retailers and, whether you have an established online presence or are just starting out, a periodic review of changes in the law and trading regulations can help ensure your business runs smoothly.  ‘There...

Key employment cases regarding coronavirus and Supreme Court decisions

Jasvinder Gill
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Despite the success of the vaccine programme, the impact of the pandemic on businesses will continue for some time.  For example, when the furlough scheme ends in the autumn, it is expected that the number of employment tribunal claims will rise and...

Ten key negotiating points when taking a new commercial lease

Selwan Yousif
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When a landlord and tenant try to settle the terms for a new commercial lease, each party will have clear objectives.  The landlord wants a secure income stream and confidence that the property will be left in good condition at the end of the...

The rights of a beneficiary with concerns about a trustee

Kenneth Amakye
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If you are the beneficiary of a trust and you are dissatisfied about the way in which an appointed trustee is acting, then it is important for you to understand your options for holding them to account.  Your concerns may relate to the mismanagement of...

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