Pre nuptial agreements are not legally binding in the UK. However, judges have been more prepared to consider that a fair and reasonable pre nuptial agreement, signed in the right circumstances, should potentially carry considerable weight and...
Just as I started writing this article on Lasting Powers of Attorney the news broke about Inheritance Tax. The idea of Death Duties was started about 2000 years ago by Emperor Augustus to provide for soldier's pensions. It is still a tax on inherited wealth but the increase to £600,000 is...
As recent reports suggest, Sir Paul McCartney could be paying out anything up to £60m following the split with his wife Heather Mills earlier on in the year. With Sir Paul allegedly refusing to have a pre nuptial agreement signed, this costly and very public separation may have been avoided...
This month we discuss the issue of debt recovery in your business.
Sydney Mitchell knows that the main priority in any company is to develop and manage the business without distractions and that includes trade debt recovery.
With old debts often turning into bad debts companies could...
This month we unravel the mystery of Home Information Packs.
As from the 1st August, if you are selling your home and it has four or more bedrooms, you will only be able to place it on the market when a HIP has been prepared.
Have you considered who would deal with your financial affairs if you become physically or mentally unable to do so yourself, whether through old age, accident or illness?
This month we look at the changes to the law occurring in October which means that from that time no further...
The Department for Constitutional Affairs has issued a consultation document on the civil law relating to claims for damages. The paper considers making it possible for a wider range of people to bring claims for damages where someone has been killed as a result of the negligence of another. It is...
The family of a Lancashire man has received more than £74,000 in compensation after he died from asbestos-related mesothelioma - a cancer of the lining of the lungs.
A recent case illustrates the point that where a personal injury claim is anticipated, it is important to commence the claim promptly and not to adopt a 'wait and see' attitude.
It involved a serviceman who was partially deafened by a thunderflash whilst on a training exercise in 1993....
A judgment in the High Court may signal a shift in the ground rules governing the financial settlements in divorce cases.
The case involved a woman whose ex-husband is a high-flyer in the banking industry, earning a substantial salary and bonuses. The woman was awarded £13m in...
In many commercial situations, businesses are used to dealing with each other by the use of 'standard form' contracts. One of the common instances of the use of such contracts is in the building industry, where construction projects are often governed by standard JCT contracts.
Setting down on paper their intentions regarding the ownership of assets is not likely to be one of the first things two people think about when they start living together, but a recent case shows the wisdom in such circumstances of making sure that at least some aspects of your arrangements are...
A man who died in Barbados leaving a will there as well as a will made in the UK created a problem for his family. The will made in Barbados was drawn up after his English will and contained the usual clause 'revoking all former wills and testamentary dispositions'. The will contained details of...
In a bid to comply with European Directives designed to combat money laundering, HM Revenue and Customs (HMRC) have announced that people either entering the UK from or leaving the UK for a country outside the European Union must now declare to HMRC any sums of cash of 10,000 Euros or more (or the...
A 72-year-old man has successfully used the Human Rights Act (HRA) in a case against a local authority care home which prevented him from leaving the premises. The man is blind and is further incapacitated as a result of having had a stroke. He did not wish to remain in the home however, preferring...
When a person dies, there is often no right to receive any further payment under an annuity. However, many annuities are sold which have 'guaranteed minimum payment periods' - typically five years after the annuity first vests. In such cases, if a person dies before the end of the minimum payment...
Not many people do, but if you have ever thought about who would deal with your financial affairs should you become physically or mentally unable to do so, you may have wondered about setting up an Enduring Power of Attorney (EPA).
An EPA is a legal document that can be set up, so if...
This year Sydney Mitchell will be supporting a local charity, set up by Diane Watt of AIB. The charity is The Maria Watt Birmingham Foundation for childhood and teenage leukaemia and was set up after the recent loss of Diane's daughter Maria.
Many couples are recognising the benefits of splitting their homes in two and becoming Tenants in Common rather than Joint Owners. But what does it mean? This month we look at the difference between Joint Tenants and Tenants in Common.
Under the current law, the offence of murder is committed when a person kills with intent or where death is the virtually certain outcome of their behaviour and they are aware of that. It is also murder when a death results from causing serious bodily harm with intent. A conviction for murder...
Over three hundred years of tradition may come to an end soon following a decision by Lord Phillips, Master of the Rolls, that the wearing of wigs for judges in the civil courts should be abandoned.
The decision follows Lord Phillips' review of court procedure and is aimed at changing...
It is a well-established principle of English law that contracts involving land must be made in writing. However, that is not to say that just because an agreement relating to land is not made in writing, it is unenforceable.
A recent case at the Employment Tribunal (ET) is a reminder to employers that women who are planning to adopt a child have similar rights as regards protection from unfavourable treatment as employees who are pregnant.
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