Insights: Legal Updates - April 2014

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Private Client Adviser 60-second interview: Teresa Cullen

Teresa Cullen |

Fladgate’s new family specialist, Teresa Cullen, says clients are focused on what the Law Commission’s matrimonial report means for them. What are the priorities of your new role? My immediate priority is to settle in as quickly as possible to ensure that the clients who came with me feel at home in their new environment […]


Changes afoot for owners of UK residences

Helena Luckhurst |

The Government recently issued a consultation entitled ‘Implementing a capital gains tax (CGT) charge on non-residents’. Now, if you are UK resident for CGT purposes, you might have formed the view, quite reasonably, that, in view of its title, you need not add the consultation to your pile of bedtime reading. Tut tut, how could […]


What is the law when parents abduct their children?

Teresa Cullen |

According to the Foreign and Commonwealth Office, the number of parental child abduction cases has more than doubled over the last decade, with two children being abducted each day. On 1 April 2014 Japan formally acceded to the Hague Convention on international child abduction. Japan had been subject to significant international pressure from the 90 […]


Mission impossible?

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A court order for specific performance is a particularly effective means of securing performance of contractual obligations, because it comes with the threat of possible imprisonment if it is not complied with. However, it will only be granted where the court considers it to be appropriate in the circumstances. It is often suggested that the […]


Are you an accidental director?

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You might think it is very simple whether or not you are a director – after all, either you have been appointed to the board of a company, or you haven’t. Company law, however, recognises that some individuals may in practice be acting as directors, even if they do not officially hold that title. The […]


Reforms to the Community Infrastructure Levy

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February 2014 saw another round of reforms to the Community Infrastructure Levy regulations. Many of these are welcome changes brought in to deal with some of the issues that have arisen since local authorities introduced their CIL charges. A few of the headline changes to note: Changes to the lawful use test A much criticised […]


ATED goes large

Helena Luckhurst |

ATED (the UK’s Annual Tax on Enveloped Dwellings) is one of the newest taxes to hit the statute book but it became clear in this year’s Budget that, as taxes go, it is destined for even greater things in 2015 and beyond. ATED is an annual tax, levied on non natural persons (such as companies) […]


Contracts: Beware the short cut

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Many subcontracts try to incorporate main contract terms with a simple phrase or two. But such quick fixes can easily come unstuck – what you really need is certainty. Sometimes taking a short cut leads you up a blind alley. The same is often true if you attempt a contractual short cut. Many subcontracts (often […]


What divorcing couples can learn from Gwyneth Paltrow's conscious uncoupling

Teresa Cullen |

Not all separating couples will want to head for the tranquil island of Eleuthera to mark their separation. But there is a lot to be said for encouraging divorcing couples who have children to think about their ongoing relationship. Everyone and his wife (pardon the pun) is wondering what to make of this phrase ‘conscious […]


CRAR

Alison Mould |

In a previous article (‘Sending in the bailiffs…’), we reported on CRAR (Commercial Rent Arrears Recovery), the new procedure, effective from 6 April 2014, for recovering rent arrears by attending a tenant’s premises and removing goods. Over the last couple of months various regulations have been published by the Ministry of Justice setting out the […]