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Jun
2019
Neighbour borders – how to stop a boundary wall becoming a battle line.

How well do you know your neighbours? We jealously guard our domain, carefully marking out our borders and ensuring that nobody encroaches on our ‘personal space’. Boundary disputes between neighbours can be some of the most fiercely contested and ugly conflicts in modern society. From someone’s fence being a couple of inches over their boundary to overhanging trees, high hedges or fences or the dreaded Public Footpath across private land, it seems there are a multitude of ways to annoy the neighbours without saying a word. Let’s have a look at the guidelines around boundary disputes, and how to resolve them. Drawing the line – where are boundaries recorded? You will usually find your property boundaries marked out on your deeds. However, with older properties the lines can get a little blurred over time and it can be difficult to precisely know who owns a hedge, fence, or trees between two properties. Walls are often a little easier to determine, but even these can be the subject of disputes if there is no precise indication as to where the original wall should be. The boundary of a registered estate as shown is a general boundary and does not determine the
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Jun
2019
Employers Cannot Take Short Cuts with Investigations

Two very recent judgments in the Employment Tribunal are a salient reminder for Employers that they cannot take short cuts with investigations. Both cases echo what has been said by the Employment Tribunal on previous occasions; a fair and reasonable investigation into disciplinary matters and grievances is essential to enable an employer to make fair and reasonable decisions. In the first case, S v Tesco Stores Ltd, a 17 year old female employee made allegations about Facebook messages she had received from a male colleague. At a disciplinary hearing the male colleague alleged that the conversations were banter between two adults, however, the comments were found by the hearing to be inappropriate and sexual and the colleague was dismissed for Gross Misconduct. He challenged his dismissal. The following are extracts from the judgment (which can be read in full here): “The claimant’s principal challenge to the fairness of the decision was in relation to the investigation… “In my view it is clear that the respondents’ investigation fell well outwith the band of reasonable responses… “…the respondents having failed to carry out a proper investigation, did not have reasonable grounds upon which to base their decision as to the claimant’s guilt…
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Jun
2019
MIAM – What you need to know about family mediation

A family break up can be a very stressful and upsetting experience. This is particularly true if there are children involved and /or the separation is not amicable. It is possible that attending mediation will help to resolve issues in an amicable fashion which may in turn help to reduce some of the stress and upset. Although it is not compulsory to attend mediation it is now, with limited exceptions, expected that before a person applies to the Court to sort out finances, property and child arrangements he or she will first attend a MIAM with a view to seeing if mediation might be helpful. When applying to the Court a person will need to include in the paperwork confirmation of the position so far as a referral to mediation is concerned. What is MIAM? MIAM stands for Mediation Information and Assessment Meetings. These are designed to get parties talking to each other around a table without legal representation and with an experienced, qualified family law mediator to help them try to sort out their differences. Agreement between the parties is a better way to resolve issues if at all possible and it makes sense to try to reach agreement
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Jun
2019
It’s all in the planning when it comes to selling privately-owned companies

For the shareholding directors of many privately-owned companies, the end-game is focused on selling up before moving on to new ventures or sometimes retirement. But many owners under-estimate the time involved in making a business market-ready, or do not seek advice on the different options before they start, nor the route-map to follow to secure a successful sale. Ideally, an advisory team should be put together, involving a lawyer and an accountant specialising in company transactions, to guide the company on the preparation for sale, before any moves are made to seek out buyers.  Calling in advisors after a deal has been struck may mean financial or legal pitfalls that can cause a deal to fail in later stages and the role of the advisory team in this preparatory stage is as important as any work they will undertake in finalising the deal.  Taking your time to get it right and make the business market-ready means that timescales of 12 to 24 months for preparation are not uncommon.  In putting together a detailed exit plan for a limited company, the first question you are likely to be asked is whether you are looking for a share sale or an asset
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Jun
2019
Cupcake Day in aid of the Alzheimer’s Society

Thompson Smith and Puxon was pleased to once again support the Alzheimer’s Society ‘Cupcake Day’ on Thursday 13th June. ‘Cupcake Day’ is a national fundraising campaign organised by the Alzheimer’s Society which aims to raise awareness about dementia by encouraging people to host cupcake sales at home and at work with all donations going towards research into the illness and local support services for people living with dementia. Here at TSP we held a staff cupcake sale; cupcakes baked or donated by staff were on sale for a small donation. We also had cupcakes on offer to the attendees of our networking breakfast hosted by the Wills and Estates team on Cupcake Day. Thank you to everyone who attended breakfast and contributed! Together we raised a grand total of £132 for the Alzheimer’s Society. You can find out more about the Alzheimer’s Society here. Thompson Smith and Puxon is committed to raising awareness of dementia and supporting  clients living with dementia by making access to legal services as easy as possible for them. This may include visiting clients where they live, by seeing them at certain times of the day or making adjustments in our offices and meeting rooms. Thompson
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https://www.tsplegal.com/personal-injury/right-hand/page/2/?post_type=personal_injury_2