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When a commercial tenant decides to exercise a break clause in their lease, it is likely that they will only be able to do so if all rent payments have been paid up to the date of the break. A question that is often asked by tenants is whether they are entitled to a refund...
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In the recent case of Winterburn v Bennett, the Court has revisited the question of what notice is appropriate to prevent prescriptive rights arising. Where a person has used land over a significant period of time “as of right” then that person may be able to claim a prescriptive right over that land. The Winterburn...
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Legislation that came into force in April 2015 means that working families are now able to share statutory leave and pay after the birth of a baby or adoption of a child. This means that parents and adopters are now able to take time off together and also take breaks in their leave. As long...
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The recent decision in the High Court where a former Pirelli calendar model has won a £75m divorce settlement has highlighted how importantly the divorce Courts in England considers the ‘reasonable needs’ of a divorcee when looking at any ongoing spousal maintenance contribution. Christina Estrada had been seeking £238m from her husband Sheikh Walid Juffali....
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Many people will at some time in their life have a friend or family member that they would consider vulnerable. This may be because of their age, a physical or mental disability, learning difficulties or a potential exposure to financial abuse. At Hewitts we understand that vulnerable people may require a greater level of care...
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The Help to Buy ISA Scheme is available through certain banks and building societies and aims to help people trying to save a deposit for their first home. Through the Scheme, the Government will boost your Help to Buy ISA savings by 25%. This applies to savings in the first month of up to £1,200,...
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You may have read in the news recently that AC/DC front man, Brian Johnson, has been advised to stop touring at the risk of going deaf. The lead singer, who has been with the band since 1980, has been diagnosed with noise induced hearing loss caused by prolonged exposure to excessive noise levels. It has...
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Deprivation of liberty safeguards apply in England and Wales through the Mental Capacity Act 2005. This Act allows restrictions on a person’s personal freedom but only if those restrictions are in that person’s best interest. If a care home or hospital intends to deprive a person of their liberty, they must request a standard authorisation...
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The Employment Appeals Tribunal recently dismissed British Gas’ appeal in the case of Lock v British Gas. The decision confirms that holiday pay must be calculated to include commission. Mr Lock worked for British Gas, and his remuneration was made up of salary and commission. He only received holiday pay in respect of his basic...
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Under the Fatal Accidents Act 1976 a dependant of a person killed in an accident caused by the negligence of another can make a claim for compensation. The Act allows the following categories of people to claim:- Wife or husband or former wife/husband of the deceased The civil partner Any person who was living with...
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