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Apr
2020
Covid -19 Resources

We continue to be available to support you during these challenging times. Please find below our latest posts and articles relating to the Coronavirus and business and personal issues.  Resources for Individuals Family Courts and Covid-19 Separated Parents and Covid-19 Writing a Will During the Coronavirus Outbreak Moving House During COVID-19 Outbreak – Government Guidance How Could Covid-19 Affect my Sale and Purchase? Covid-19 and Litigation Covid-19 Mediation as an Alternative to Court Proceedings Resources for Businesses The Coronavirus Job Retention Scheme and Furlough: An Update Working with Coronavirus – Update for Employers What to do if you are Experiencing Business Interruption due to the Coronavirus  Personal Guarantee Advice Do I need to Close My Business or Premises? COVID-19 – Company Accounts Filing Extension Covid-19 and Contractual Obligations Changes to Insolvency Law due to the Coronavirus Crisis Covid-19 – Issues for Landlords and Tenants of Commercial Property Covid-19 and Litigation Covid-19 Mediation as an Alternative to Court Proceedings Covid-19 A Guide for Dental Practices Covid-19 Suspension of voluntary strike-off process by Companies Proceed with caution: some issues for businesses returning to work The Continuing Impact of Covid-19 on Possession Proceedings Please do not hesitate to contact us if you have
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Feb
2021
Budget 2021 Predictions for Capital Gains Tax, Inheritance Tax and Income Tax

Following the announcement on 22 February 2021, there finally seems to be some light at the end of the tunnel. The government have taken many steps to assist us through this pandemic, but many are asking what consequences this has had on our economy and what could we expect from the Budget announcement on 3 March 2021. Potential increase in rate of Capital Gains Tax (CGT) A review of the CGT rules was ordered in June 2020, but is one of the least controversial ideas for the Spring Budget. Reports suggest that:- CGT could be increased to the same as the top rate of income tax which is currently 40% There may be a reduction in the CGT allowance and recommendations from the Office of Tax Simplification (OTS) have suggested that these may be between £2,000 to £4,000. The current CGT allowance for individuals is £12,300 The ‘free’ uplift of CGT on death could be removed Inheritance Tax (IHT) In January 2020 the All-Party Parliamentary Group for Inheritance and Intergeneration Fairness (APPG) suggested changes to the IHT rules. The Nil Rate Band (NRB) has not changed since 2009 and the introduction of the Residence Nil Rate Band (RNRB) in 2017
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Feb
2021
Your Rights in Disciplinary and Grievance Procedures during Coronavirus

While many workplaces continue to be affected by the coronavirus pandemic, employment law and the Acas Code of Practice on disciplinary and grievance procedures still apply. If you are facing disciplinary action or grievance procedures, you must be aware of your rights and how these might be affected by coronavirus restrictions.  Furloughed workers If you are currently on furlough, it is still possible to be involved in disciplinary or grievance procedures. Whilst on furlough, employees may: Take part in a grievance or disciplinary investigation or hearing (including appeal) Raise a grievance Practical challenges Under the Acas Code of Practice on disciplinary and grievance procedures, disciplinary and grievance procedures must always be fair and reasonable. However, while the coronavirus pandemic continues, they must also be in line with public health guidelines, including social distancing and avoiding workplaces where possible. As a result, there may be practical challenges to holding disciplinary or grievance procedures, but they must continue without undue delay. Your employer must attempt to proceed in a safe, fair and reasonable manner. If this is not possible, they must consider whether it would be fair to suspend proceedings until a later date. Can a disciplinary or grievance procedure be carried
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Feb
2021
Critical Reporting for Company Relocations during the Pandemic

A complex court case over conflicting dispute resolution provisions has highlighted a simple, but vital, takeaway on the importance of ensuring your registered office is attended or checked for post, as the pandemic sees offices unattended or subject to permanent closure.   The case involved an aircraft operating lease for a Boeing 737 between Helice Leasing and PT Garuda, an Indonesian company with a UK office.  When Garuda defaulted on the payments, the leasing company claimed for unpaid rent.  The debt was acknowledged and some of the outstanding sum repaid, but when further defaults followed Helice claimed US$5.15 million plus interest.  They served notice of the claim on Garuda, using the address shown at Companies House.  By this time, Garuda had ceased operations in the UK and moved to a different address, but a delay by Companies House in registering the new address meant the public record had not been updated by the time the notice was served. When the case reached court, Garuda argued that the original notice was invalid because it had been served at their old place of business, but the High Court held that the notice was valid and that it was Garuda’s responsibility to manage the
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Feb
2021
TSP Promotion to Senior Associate

Congratulations to Sarah White who has recently been promoted to Senior Associate in the Wills and Estates Team at Thompson Smith and Puxon (TSP). Sarah joined TSP in May 2014 and is based in the Clacton office. She advises clients on their Wills, Lasting Powers of Attorney, Trusts, and Estate Administrations (Probate). Sarah is a full accredited member of Solicitors for the Elderly (SFE) and is extensively involved with local and regional associations. She is a Dementia Friend, representing TSP as the Secretary in its local membership of Dementia Action Alliance, a Befriending Volunteer for Age Concern and a co-ordinator for the national charity, Reengage TSP Senior Partner, Mary Anne Fedeyko, says “On behalf of the firm would like to thank Sarah for her commitment and hard work as well as recognise the skill and expertise that she demonstrates in all that she does at TSP. Sarah is the epitome of a client-focused lawyer – her dedication to her clients is complimented and enhanced by her boundless energy. She is a real asset to the firm and we are delighted to announce her promotion to Senior Associate.” Sarah added “I am delighted to be promoted to Senior Associate and am looking forward
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Feb
2021
What Happens to Joint Property When Cohabitation Ends?

Separation is never easy, but if you and your former partner own property together, the situation can be even more complicated. If you have been living with a partner, but you are not married, the legal term is ‘cohabitation’. When cohabitees separate, they are not afforded the same protections in law as married couples who are getting divorced. This can be difficult, as, for many cohabiting couples, there is little difference in practical terms. Do I need to move out of our home? If you own your home and you are named on the title deeds, you have the right to stay in the property. However, if you are both named on the title deeds, you will need to decide between you who will remain in your home, or if you wish to sell it. What happens if we want to sell the property? If you and your partner decide to sell your home, the process is reasonably straightforward. You can sell the property and divide the profits after paying off any existing mortgage. What if one partner wishes to stay in the property? If one partner wants to stay in the property, they may be able to buy their
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