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We all know that the use of mobile phones is banned whilst driving. Or are they? The answer, according to the High Court’s recent decision in Director of Public Prosecutions v Barreto [2019] EWHC 2044 (Admin), is that it depends what you’re doing with it. What did Mr Barreto do? Ramsey Barreto had been convicted in...
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When considering the enforceability of restrictive covenants in employment contracts (also known as post-termination restrictions) they will be deemed void unless they go no further than is necessary in order to protect the employer’s legitimate business interests.  What is considered reasonable will vary on a case by case basis but will include consideration of a...
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Since 1 December 2015, those who have never owned or held an interest in a property (first time buyers) have been able to save towards buying their first home using the Government Help to Buy: ISA scheme.  Official statistics reveal that over one million Help to Buy ISA accounts have been opened since the scheme...
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I didn’t need a solicitor because… …the policeman said I didn’t need one …I was innocent and I had nothing to hide …nothing much was going to happen to me anyway AND NOW? And now many people find themselves facing imprisonment or their lives and reputations ruined because they did not realise what could happen...
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Following recent case law, the issue of Special Guardianship Orders and placement before making of an order has been in the forefront of most decisions, particularly in respect of timetabling care proceedings. Following on from recent case law, there has been Guidance handed down by the Family Justice Council, and approved by the President of...
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The government’s new Divorce, Dissolution and Separation Bill will help end the ‘blame game’ for separating couples, the Law Society of England and Wales said as their written evidence to the bill committee was published on 5th July 2019. “With an estimated 42% of marriages ending in divorce, this bill has the potential to transform...
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Since the Gas Safety (Installation and Use) Regulations 1998, Landlords have been required to make sure that all gas appliances fittings and flues in a let property are safe for tenants to use. A Landlord is also responsible to ensure that any installation and repair/maintenance work to gas appliances are undertaken by an engineer who...
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At the present time, should a person make a gift from their estate, they must survive the gift by 7 years for it to be exempt from Inheritance Tax. However, there has been an official review ordered by the Chancellor and as part of a radical shake up the 7 year rule could be cut...
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We have all read newspaper articles reporting that a drug dealer or fraudster made hundreds of thousands from their offending but was ordered to pay back a much smaller amount. That is not always the end of the matter.   What are the proceeds of crime?   If a defendant is determined to have had...
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It has been nearly ten years since the infamous case of Aston Cantlow v Wallbank, where a couple were forced to pay around £230,000 to their local parish church for repairs, reported here:- https://www.theguardian.com/money/2009/sep/28/glebe-farm-church-bill-sale After the case, the couple stated that they thought ‘Chancel Repair Liability’, the ability for a church to force a landowner...
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