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We regularly write about different legal topics and welcome your comments on our posts. If you would like more information on our services, please don't hesitate to get in touch.

Crown Preference and insolvency set off

Malcolm Niekirk
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Malcolm Niekirk, Frettens' resident Insolvency Guru, looks at a technical aspect of insolvency law, and one that is sure to become more prevalent in the coming months.

The recent return of Crown Preference has implications for insolvency set off, which he addresses in this article.

Frettens' first new face of 2021

Lewis Barr
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Frettens welcome our first new team member of 2021, Cameron Hearn has joined the Marketing team as a Digital Marketing Apprentice.

Light Touch Administration Protocol

Malcolm Niekirk
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Insolvency Guru, Malcolm Niekirk, looks at the lightweight insolvency protocols, examining the pros, cons, and alternatives. What is different about a light touch administration? When can you use one?

Dismissals for Redundancy

Chris Dobbs
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A redundancy is a dismissal as a result of a workplace closing down or the employer needing fewer employees to do work of a particular kind. Chris Dobbs looks at a recent case where unfair dismissal was claimed.

Extension to eviction ban and changes to substantial arrears

William Bartley
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Further changes to the government’s COVID eviction laws were announced on Friday night and have attracted a mixed response. Will Bartley, Landlord & Tenant specialist, provides an overview.

Lease extension reforms announced

Niki Adkins
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What are the new leasehold reforms? When will they come into effect and how will they impact leaseholders?

Lease Extension and Enfranchisement specialist, Niki Adkins, gives an overview of the 'biggest reform to the UK property market in 40 years'.

School Closures: What If Employees Can't Work?

Chris Dobbs
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Chris Dobbs, solicitor in our specialist Employment & HR team, looks at the options for employers and employees when balancing working from home with childcare. Can workers be furloughed for childcare? What are the unpaid leave entitlements? 

Cathedrals Measure 2020 - how to wind up a cathedral

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The governing law, the Cathedrals Measure, is being replaced, probably early next year.

For every cathedral, the existing trinity-like body corporate will change.  All assets, engagements and liabilities will belong to a single body corporate, the Chapter.  That won’t happen immediately.  Each cathedral will need time to reconstitute its Chapter. 

HMRC gets tough (on Directors and Shareholders)

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Earlier this month, Frettens' resident insolvency guru, Malcolm Niekirk, gave one of his monthly Coffee Break Briefings on Directors’ and Shareholders’ liability for corporate taxes and penalties.

Extension to ban on evictions for commercial tenants

William Bartley
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The government announced this week that the ban on business evictions will be extended until March 31st 2021.

It will mean that the eviction moratorium, first announced in March this year, will have been in place for over a year. The ban on evicting commercial tenants had already been extended twice, however the announcement indicated that this will be the final extension.

How to change a child's surname

Louisa Knight
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Louisa Knight, solicitor in our specialist family law team, answers the most frquently-asked questions about naming a child and changing a child's name.

Can an ex-spouse claim against an estate?

Michelle Hayter
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Michelle Hayter is a partner and head of Frettens' specialist dispute resolution team .  A specialist in dealing with contentious wills and probate , she is recommended in the Legal 500 , an independent guide to the legal sector, for her work...

Choosing the right buyer for your business

Karen Edwards
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Karen Edwards is an Associate Solicitor in our specialist Corporate and Commercial Team. In the latest of her series of articles on selling a business, she looks at how to find a buyer, and how you can choose the right buyer for your business.

Exceptions to the Christmas Evictions Ban

William Bartley
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Anti-social behaviour, domestic violence, trespass, serious rent arrears and false statement. Will Bartley explains the circumstances in which the Christmas eviction ban does not apply.

The Return of HMRC Crown Preference

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Our insolvency Guru, Malcolm Niekirk looks at the return of HMRC Crown Preference to insolvency proceedings and the implications for insolvency practitioners.

The potential scale of furlough fraud

Paul Burton
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The potential scale of furlough fraud

The National Audit Office reports that almost 1 in 10 workers were asked to work while on furlough

Grooming a business for sale

Karen Edwards
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How to get value when selling a business

Grooming your business for sale. Karen Edwards offers advice on how best to prepare our business for sale and how you can get the best value when selling your business.

What are the new support measures for workers and businesses in tier 2?

Chris Dobbs
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Big changes to the Coronavirus Job Support Scheme, which was part of his winter economic plan and replaces the furlough scheme in November, were announced today. Chris Dobbs provides an overview.

Can tenants be evicted over Christmas?

William Bartley
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What is the Christmas evictions truce? Can tenants be evicted in a local lockdown? What are the dates of the Christmas evictions ban? What are the exceptions to the truce? Specialist Landlord and tenant solicitor Will Bartley provides the answers. 

What is the legal definition of disability?

Paul Burton
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Head of our employment & HR team, Paul Burton summarises a recent case that examined mental health, the legal definition of disability and dismissal.

Unfair dismissal for Some Other Substantial Reason SOSR

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For a dismissal to be fair, an employer needs to have a potentially fair reason to dismiss - such as misconduct, redundancy or 'some other substantial reason' (SOSR) - and the decision to dismiss must be within the range of reasonable responses. 

Can WhatsApp be monitored by an employer?

Chris Dobbs
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How and when can an employer monitor employees WhatsApp messages. Chris Dobbs looks at a recent case where an employer used whatsapp messages in a discuplinary procedure.

Homeworking: The legalities and the practicalities

Chris Dobbs
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Will WFH continue after lockdown? Can you monitor remote employees? How do you write a working from home policy? Chris Dobbs, Employment Solicitor answers your questions.

How will the coronavirus job support scheme work?

Paul Burton
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Paul Burton looks at the chancellor's winter economy plan, including the coronavirus job support scheme, viable jobs, pay as you grow and the VAT changes. 

what is the new furlough scheme?

Paul Burton
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What is the new furlough scheme? How will it work, who is eligible and how long will the coronavirus job support scheme run for?

Conveyancing: How much does it cost?

Kym Gaisford
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How much does it cost to buy a house? Our specialist solicitors explain how conveyancing legal fees are calculated, and what you need to pay for when buying a house.

Guide to selling a business

Karen Edwards
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While every business sale is different, there are three main parts to the process. An overview of each of the three sections is offered below. Preparation. Structure, and the legal process.

Working from home policies: 9 points to consider

Chris Dobbs
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Specialist Employment and HR solicitor, Chris Dobbs offers the 9 points that all HR managers and business owners should consider when writing a working from home policy.

Writing a working from home policy

Chris Dobbs
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Should every business have a working from home policy? What should be included? Chris Dobbs, Employment & HR Law specialist examines an increasingly important topic.

What is constructive dismissal and the final straw doctrine?

Paul Burton
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A constructive dismissal takes place when an employee resigns in response to a fundamental breach of contract on the part of the employer. Paul Burton, specialist employment and HR lawyer examines a recent case and looks at the final straw doctrine.

Unfair dismissal, gross misconduct and homophobia

Chris Dobbs
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Chris Dobbs looks at a recent case concerning homophobia, gross misconduct, unfair dismissals and the use of anonymous evidence.

Changes to eviction law and notice periods

William Bartley
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Announcement of the extension of ban on evictions being progressed by the Courts to 20th September 2020; as well as the extension of notice period for both Section 21 and Section 8 to 6 months from 3 months effective from now.

What is a retention of title clause?

Lauren Smallwood
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Sometimes referred to as a ‘romalpa clause’ or a ‘reservation of title clause’, a retention of title clause is a clause within a contract that allows a seller to retain the legal title to goods that have been sold and delivered to a buyer

Can an employer monitor working from home?

Chris Dobbs
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Chris Dobbs, solicitor in our specialist employment & HR team, offers a comprehensive guide to remote monitoring of employees working from home.

Divorce - what am I entitled to?

Louisa Knight
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Divorce - what am I entitled to?

One of the first things we are often asked by clients considering divorce, is ‘what am I entitled to?’ or ‘who gets what?’

What is continuity of employment?

Chris Dobbs
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Only employees with two years’ continuous service have the right not to be unfairly dismissed. This qualifying period is measured to the day - so it is important to be clear about precisely when an employee started work.

Marital status discrimination in the workplace

Chris Dobbs
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One of the least often claimed grounds of discrimination is marriage and civil partnership. Prejudice against married people is hardly widespread and there are few circumstances in which an employer might treat an employee less favourably because they were married.

TUPE: Can employees' terms and conditions change?

Paul Burton
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The Transfer of Undertakings Regulations (known as TUPE) provide that an employee’s terms and conditions cannot be changed because of the transfer of their employment from one employer to another.

What are the penalties for employing someone who doesn't have the right to work in the UK?

Paul Burton
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Doing so knowingly is a criminal offence and inadvertently employing someone who is working illegally can lead to a civil penalty of up to £20,000 for an employer who has not carried out a proper documentation check.

Frettens move to the cloud

Lewis Barr
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Frettens have completed a complete overhaul of their IT systems, in order to provide their team with greater flexibility and their clients with a faster, more efficient service.