August 2006

Ruined Holiday? What To Do?

Tue, 01/08/2006 - 00:00 — Georgina Smith
If you are subject to a long delay or the cancellation of your flight when on holiday, the airline is required to give you a leaflet outlining your right to compensation. If the delay or cancellation means that you must rearrange your holiday or incur significant extra cost, make sure you get an exact explanation of the reasons for it. We can give you advice on your rights in these circumstances.

Age Discrimination - Are You Ready?

Tue, 01/08/2006 - 00:00 — Georgina Smith

There are currently 20 million people aged 50 and over in the UK and the figure is expected to reach 27 million by 2030.

Forthcoming Changes To Family Friendly Legislation

Tue, 01/08/2006 - 00:00 — Georgina Smith
The Work and Families Bill provides the power to introduce measures intended to give more choice to families trying to balance work and caring responsibilities.

Statutory Maternity and Adoption Pay and Leave

Holidays - Pay In Lieu

Tue, 01/08/2006 - 00:00 — Georgina Smith
The European Court of Justice (ECJ) has ruled that the practice whereby an employer provides pay in lieu of minimum paid holiday leave not taken is unlawful, even if the holiday year in question has expired and the allowance was carried forward to the next year.

Reference was made to the ECJ in the course of proceedings in the Dutch courts as to whether the practice was contrary to article 7(2) of the Working Time Directive.

Covenant Not Assigned Does Not Survive Sale

Tue, 01/08/2006 - 00:00 — Georgina Smith
Most arguments about covenants placed on land have to do with property developments which are opposed by the owners of neighbouring land.

A recent case involved land which had been split into four plots in the 1950s. The owner of the land sold three of the plots and retained the fourth for her home. The plots she sold were subject to a covenant that any developments had to be approved by the original owner. When she finally sold her own plot, there was no such covenant put on the land.

Short Marriages And High Value Estates

Tue, 01/08/2006 - 00:00 — Georgina Smith
A judge who failed to explain how he had reached his decision as to the amount that should be awarded to a widow from her late husband's estate, in order to allow her to meet her future financial needs, recently found his decision overturned by the Court of Appeal. The widow in question had made a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which allows dependants to apply for financial provision from the estate of the person on whom they were dependent if appropriate provision is not made in the will.

Chancellor Declares War On Trusts

Tue, 01/08/2006 - 00:00 — Georgina Smith
The Chancellor has declared war on the use of tax advantaged accumulation and maintenance (A&M) trusts by making them subject to an immediate 'entry' tax charge of 20 per cent on lifetime transfers that exceed the Inheritance Tax threshold. By deeming them to be 'relevant property' trusts, the 6 per cent 'periodic' charge and the 'exit' charge when trust assets vest will also apply, except where specific conditions are met.

New Trusts And Probate Practitioner

Tue, 01/08/2006 - 00:00 — Georgina Smith

West Midlands law firm, Sydney Mitchell, are delighted to announce the appointment of Derek Cook as Trusts and Probate Practitioner at its Birmingham City Centre office.

Cohabitation Agreements And Protection For Unmarried Couples

Tue, 01/08/2006 - 00:00 — Georgina Smith
Kelly Round from Sydney Mitchell Solicitors discusses Cohabitation Agreements and Protection for Unmarried Couples