Blog
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Maitland Walker successful in defending Trademark Infringement claim brought by the Beverley Hills Polo Club
LIFESTYLE EQUITIES CV v ROYAL COUNTY OF BERKSHIRE POLO CLUB CASE NO. IL-2018-000115, [2023] EWHC 1839 (Ch) BACKGROUND The Claimants, Lifestyle Equities CV and an associated company, owners of the Beverly Hills Polo Club (BHPC) brand brought an action against the Royal County of Berkshire Polo Club (RCBPC), its directors, its former licensing agent, the director of that former licensing agent and six overseas companies (some of which were current or former licensees of RCBPC) operating in Chile, Panama, Peru, Mexico and the UAE (together “the Overseas Territories”) for infringement of the BHPC registered trade mark in the UK, EU and the Overseas Territories. BHPC’s principle claim was that the RCBPC marks, both depicting a polo rider on a horse (including that at fig. 1 below), were confusingly similar to the BHPC mark (fig. 2 below) which also depicting a polo rider on a horse. BHPC sought an injunction and damages in respect of RCBPC’s use of its marks which it said constituted trade mark infringement under section 10(2) and 10(3) of the Trade Marks Act 1994 (“TMA”). (“the RCBPC Mark”) Fig. 1 [A black and white logo with a person on a horse Description automatically generated] (“the BHPC Mark”) Fig. 2 This case is one of many infringement claims brought by BHPC in the UK and internationally in a campaign to try to monopolise the use of the polo horse and rider logo for a range of consumer products against RCBPC and other owners of polo related brands. BHPC accepted that, of the polo themed clothing brands in the market, the Ralph Lauren Polo brand is number 1, US Polo Association is number 2 and they then asserted that the BHPC brand was number 3. BHPC claimed that these three brands are able peacefully to co-exist in the market but brought the claim against RCBPC because they argued that there exists a likelihood of confusion between the RCPBC brand and the BHPC brand. It follows a string of similar claims against Greenwich Polo Club and Santa Monica Polo Club. His Honour Mr Justice Mellor (“the Judge”), giving judgment, summarised his task as follows, “Although this case can be decided with an application of established principles, it does raise in stark form the scope of protection which is or should be afforded to a registered trade mark which is used in a crowded market, i.e. a market in which there are several trade marks using similar motifs and which incorporate the same or similar words.” Given that the claim involved allegations of infringement in the UK, EU and the Overseas Territories, the parties, facing the complexities of a multi-jurisdictional claim had agreed that all allegations of trade mark infringement be determined by the application of EU/UK law so as to simplify matters and avoid the need for extensive evidence of foreign law.
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Maitland Walker announces its 2023 promotions.
Maitland Walker LLP has announced its 2023 promotions; Anna Neil, a private client lawyer working on both contentious and non-contentious matters based in the firm’s Taunton office has been promoted from Senior Associate to Partner, Ella Parsons, a property lawyer based in the firm’s Minehead office has been promoted to Senior Associate, and; Joe Siman, a competition/commercial lawyer working on both contentious and non-contentious matters has been promoted to Associate Solicitor.
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Maitland Walker wins GLE law firm of the year for competition law
Maitland Walker secures further recognition of their expertise in competition law by winning the GLE (Global Law Experts) law firm of the year 2023 for competition law (England).
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What does the Autumn Statement mean for our private clients?
The long awaited autumn statement has arrived. Billed as a statement to balance the books within the context of significant economic turmoil, what are the key points from the autumn statement for our clients considering their wills, estates and succession planning?
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Validity of Wills - Capacity to make a will (Testamentary Capacity)
In order to make a will, a testator must have the mental capacity to do so. One of the most common grounds for challenging a will is to claim that the testator did not have capacity when the will was made. If the testator did not have capacity, the will is invalid – the estate will not pass under that will but instead under a previous will (if there is one) or under the rules of intestacy. What is the test for ‘testamentary capacity’? and what can be done to prove that the testator has(d) capacity?
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Maitland Walker Achieves Class Certification in £600m Case
On 25 July 2022, the Competition Appeal Tribunal granted Mr David Boyle, represented by Maitland Walker, class certification in a collective action where Mr Boyle will represent the interests of around 1,000,000 rail passengers against Govia Thameslink Railway (“GTR”) for damages that are estimated to be in the region of £600 m.
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A Guide to Wills
Do I need a Will? The simple answer is yes. All adults should have a Will. However young, however old because no one knows what tomorrow might bring. Some circumstances, however, make having a Will even more important and these are: If you have a long term partner to whom you are not married If you have children If you have a second family or children from an earlier relationship/ marriage If you own a property If you would like to leave money or particular items to someone who is not your spouse or children or you would like to make a gift to charity.
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Inheritance Claims and the Inheritance Act 1975
If you have not been included in a will (or under the laws of intestacy where there is no will) in circumstances where you expected (or needed) to be, you may be able to bring a claim under the Inheritance Act. Likewise, if you do not wish to include someone in your will who might expect to be included, you need to be aware that they may bring an Inheritance Act claim against your estate.
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Maitland Walker LLP welcomes a new equity partner and 2 new partners
Maitland Walker LLP has announced its 2022 promotions list which includes three promotions at partner level. Sheree-Ann Virgin, a commercial litigation lawyer based in the firm’s Taunton office has been promoted to become an equity partner. Emily Simpson, a private client lawyer based in the firm’s Minehead office and Faith Angus, a property lawyer in the Taunton office have been promoted from Senior Associate to partners.
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The Trust Registration Service: What you need to know
UK Trust Registration Service: What you need to know We hope that this blog post will provide useful information about the Trust Registration Service (TRS). What is the TRS? The TRS is a register of the beneficial ownership of trusts. It was established in 2017 as part of an EU anti-money laundering directive aimed at tackling money laundering, serious crime, and terrorist financing and to meet the requirements of The Money Laundering and Terrorist Financing (Amendment) Regulations 2019. Under the original rules, all UK express trusts liable to pay UK tax were required to register. Each EU member state has a similar register, and the UK agreed to maintain the TRS as part of the Brexit Withdrawal Agreement.
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Maitland Walker LLP have pledged a donation of £10,000 towards the Ukraine Crisis Relief Fund
Maitland Walker LLP have pledged a donation of £10,000 towards the Ukraine Crisis Relief Fund which will support humanitarian assistance in impacted communities in Ukraine and surrounding regions where Ukrainian refugees have fled.
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Maitland Walker Briefing Note
NATIONAL SECURITY AND INVESTMENT ACT 2021 Pre-merger notification requirement for defence, space & new technologies
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Dying without a Will: The Intestacy Rules
What happens to your estate if you die without a will?
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Maitland Walker launch legal clinic in Wiveliscombe
Legal clinic launches at the Wiveliscombe community office.
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Trusts
We can help with the drafting of both lifetime trusts and trusts in your will.
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How can a will be challenged?
There are a number of ways that a will can be challenged. Anna Neil outlines the main ones.
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Brenda takes on New Years Day Dip in aid of Charity
Brenda Virgin, secretary in our private client department at Maitland Walker solicitors, recently started swimming in the sea at Minehead Beach (for fun) with a local group called The Polar Bears. Day to day Brenda usually finds herself assisting the solicitors with wills and probate but has found her new found love of sea swimming to be quite exhilarating and addictive - although we are unsure if she is swayed by the homemade cake that is supplied at the end of her swims!
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Have you registered your trust?
HMRC have confirmed compulsory registration for all non-exempt UK express trusts.
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Are you considering raising equity finance for your company?’
One would have considered that the procedure for allotting new shares in a company is a straightforward process. However, when faced with the question of whether it is the directors or shareholders of a company who decide to allot new shares, many people are not certain. In truth, the answer is a combination of both.One would have considered that the procedure for allotting new shares in a company is a straightforward process. However, when faced with the question of whether it is the directors or shareholders of a company who decide to allot new shares, many people are not certain. In truth, the answer is a combination of both.
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Buying a property with someone else? Have you considered a Declaration of Trust?
If you are buying a property with someone else, you should consider whether you need a declaration of trust.
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Is it time to update your Will?
Have you kept your will up to date?
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MAITLAND WALKER LLP ACTS FOR HUNDREDS OF THOUSANDS OF RAIL PASSENGERS IN DAMAGES CLAIM AGAINST GOVIA THAMESLINK RAILWAY FOR OVERCHARGING
Maitland Walker has filed an opt-out collective claim against Govia Thameslink Railway Limited (“GTR”) and its parent companies for over £400 million, on behalf of a class of around 1 million consumers. It is alleged that GTR abuses its dominance in the markets for rail tickets on the Brighton mainline by issuing tickets that, in breach of the fare-setting regulations, unlawfully restrict travel to Southern and/or Thameslink train brands when tickets should permit travel on all three GTR train brands (Gatwick Express, Southern and Thameslink). GTR inflates the prices passengers pay for fares allowing travel on two or all three GTR train brands when passengers should be permitted to travel on all three brands.
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Competition Appeal Tribunal (CAT) Rule 93(4) is not what it seems
In 2015 the UK introduced an opt-out collective action regime for individuals to recover damages for competition law violations. An opt-out procedure had not previously existed in UK law and many issues needed to be addressed; one was unclaimed damages, a new concept in UK law.
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Is your Service Charge not fit for service?
Rentcharges are a dying breed, pushed to the fringes of survival with the enactment of the Rentcharges Act 1977 (“the Act”). The Act ensured that rentcharges will face an extinction event on 22 June 2037, with nearly all rentcharges set to be extinguished, and somewhat more importantly, that no new rent charges can be created. However, as ever in law, there is one rather large exception. Capable of both survival and creation, the estate rentcharge can, if not properly dealt with, cause misery to both homeowners and prospective buyers.
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UK SUBSIDY CONTROL REGIME – STATE AID REVISITED
1. INTRODUCTION 1.1 Under the EU-UK Trade & Cooperation Agreement (“TCA”) entered into on 24 December 2020, the EU State Aid Rules ceased to apply to public subsidies granted in Great Britain after 31 December 2020. However, the Northern Ireland Protocol (NIP) provides that Northern Ireland remains in the EU Single Market and the EU State Aid Rules will continue to apply to public subsidies distorting competition in Northern Ireland. 1.2 The EU State Aid Rules will continue to apply to public subsidies granted in the UK before 31 December 2020, which meet the definition of prohibited State Aid under Article 107 of the Treaty on the Functioning of the European Union (TFEU).
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Declarations of Trust and Joint Ownership of Property
Buying a property with another person is a common matter, but there can be pitfalls and problems associated with this scenario.
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The Inheritance Act and Testamentary Freedom: forced heirship through the back door?
Anna Neil considers claims under the Inheritance Act and whether Testamentary freedom is a thing of the past.
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Have you made your LPA?
You may have made a will, but have you also considered making a Lasting Power of Attorney?
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Kirsty Trevis promoted to Associate Solicitor
Maitland Walker are delighted to announce that Kirsty Trevis has been promoted to Associate Solicitor in the firm's Residential Property department.
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Adrian Render promoted to Partner
Maitland Walker LLP is delighted to share the news that solicitor Adrian Render of the firm’s Competition and EU department has been promoted to Partner status. Adrian joined the firm in 2018 as a Consultant.
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Coronavirus Act and Residential Tenancy Agreements
COVID-19 has had an extraordinary effect on the UK economy; forcing schools and businesses to close and leaving many out of work. The Government has therefore enacted measured to help those individuals who may be financially disadvantaged under the Coronavirus Act 2020 (“the Act”). One of those measures is changes to the recovery of possession of a property let on an Assured Shorthold Tenancy Agreement “AST” during 26 March 2020 and 30 September 2020 (“the Relevant Period”).
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CORONAVIRUS NOTICE
OFFICE CLOSED BUT BUSINESS AS USUAL!
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St Margaret's Hospice Free Wills Month
Maitland Walker LLP Taunton are supporting St Margaret's Hospice with their free wills month campaign.
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Estate Planning and the Unmarried family
When it comes to Inheritance in England and Wales, those who are not married or in a civil partnership are not on a level playing field with those who are. Whilst in many areas, society (and statute) has advanced to put long term cohabitees in the same position as married couples, in some areas it has not and there is no clearer example of this than on the death of a cohabitee.
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Maitland Walker LLP remains a leading law firm for the South West following this year’s Legal 500 publication.
We are delighted that Maitland Walker’s EU and Competition Department has retained its position and that the Dispute Resolution Department has also been recognised in this year’s Legal 500 rankings.
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Maitland Walker supporting Love Musgrove
Maitland Walker’s Taunton Private Client team is proud to be supporting Love Musgrove, the official charity of Musgrove Park Hospital in Taunton, by taking part in their October Wills month campaign. During October 2019, we will waive our fees for basic Wills in exchange for a fixed donation to Love Musgrove of £100 for a single Will or £150 for a double Will.
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Maitland Walker hosts MacMillan Coffee Morning
On Friday 27 September, Maitland Walker Solicitors hosted a coffee morning in support of MacMillan’s ‘World’s Biggest Coffee Morning’ in both their Minehead and Taunton Offices.
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Maitland Walker sponsor classes at Dunster Show 2019
The wet weather didn’t stop the people of Somerset coming out in force for the annual Dunster Show last Friday and having a fantastic day out. Maitland Walker LLP sponsored the Ruby Red Devon Cattle and Exmoor Horn Sheep classes at this year's 2019 Dunster Show. Guy Bottard, a Partner from our Taunton office, attended the event and took great pride in handing out rosettes to the winners of the Ruby Red Devon cattle and Exmoor Horn sheep classes. All of the classes were very competitive, especially the Exmoor Horn Sheep class where there was a particularly large number of applicants. Guy heads our Taunton office's Corporate and Commercial department.
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Maitland Walker LLP sponsors Minehead Grand Prix cycling event
We enjoyed a fantastic weekend of speedy racing including British Cycling National Youth Series Championship, South West Regional Youth Series, Southwest Region Circuit Race Series and also Minehead Running Club Street Athletics. The event offered competitors and spectators a packed race programme for all ages and abilities from under 8s to Mens' and Ladies' elites. The 1100m fast and flat Minehead town centre circuit took competitors up The Parade and around Blenheim Gardens . The event was a great success and created a wonderful atmosphere in Minehead. Thank you to everyone involved!
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Sheree-Ann Virgin promoted to Partner
Maitland Walker LLP is delighted to share the news that solicitor Sheree-Ann Virgin of the firm’s EU & Competition and Litigation & Dispute Resolution departments has been promoted to Partner status. Sheree-Ann is based in the firm’s Minehead office and joined the firm in 2009 after completing her degree at Oxford University.
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Jessie Dhillon promoted to Associate Solicitor
Maitland Walker are delighted to announce that Jessie Dhillon has been promoted to Associate Solicitor in our Taunton office.
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Abolishing the Section 21 Notice?
The Secretary of State for Housing, Communities and Local Government has announced plans to scrap the ‘no fault’ Section 21 notice used to end assured shorthold tenancies in England and Wales.
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PROPERTY PURCHASES - COSTS INFORMATION FOR RESIDENTIAL PROPERTY PURCHASES
About Us Our Residential Property Team has a first-class reputation for efficiency and excellence, while offering very competitive rates. We appreciate that property transactions can be stressful, which is why we go beyond other law firms to ensure our clients have easy and direct access to the person handling the transaction. We can make appointments out of office hours if required. Our proactive ethos helps to facilitate a quick and successful outcome. No property is the same and our fees will reflect the requirements of your purchase and the complexity of the issues raised in the purchasing process. Your transaction will be dealt with by people whose expertise is appropriate to the transaction.
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PROPERTY SALES - COSTS INFORMATION FOR RESIDENTIAL PROPERTY SALES
About Us Our Residential Property Team has a first-class reputation for efficiency and excellence, while offering very competitive rates. We appreciate that property transactions can be stressful, which is why we go beyond other law firms to ensure our clients have easy and direct access to the person handling the transaction. We can make appointments out of office hours if required. Our proactive ethos helps to facilitate a quick and successful outcome.
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PROBATE - COSTS INFORMATION FOR PROBATE SERVICES
No estate administration procedure is the same and our fees will reflect the complexity of the estate and the extent to which you require us to assist with the process. We have set out this guide of our pricing for probate services, however the best way to get an accurate estimate of the cost for helping you is to speak to us on 01643 707777 to give us a full appreciation of the estate including the value, whether any reliefs might apply, the number and type of beneficiaries, whether there are any trust arrangements that arise, and the scope of work that you require us to undertake for you.
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DEBT RECOVERY - COSTS INFORMATION FOR RECOVERY OF UNDISPUTED BUSINESS TO BUSINESS DEBTS OF UP TO £100,000
Bad debt can be one of the most damaging aspects of business and recovering it can be a drain on time and resources. We understand this and are happy to talk to you about your unpaid invoices to give you practical and commercial advice on how to reduce the risk of bad debt before it occurs or, if it has occurred already, give you practical and commercial advice on how to recover your debts. We understand that our clients like transparency and control as to fees so we provide tailored quotes as soon as we have an understanding of the situation you are in – the value of the debt, the position of the debtor, the length of time that has elapsed since invoicing and the steps that have been taken already to chase the debt and any payments that have been made, etc. Quality does not necessarily come at the cheapest cost. We do not, as some firms do, price our costs as a percentage of the value of the debt to be recovered. We have set out this guide of our pricing for debt recovery services, however the best way to get an accurate indication of price is to speak to us on 01643 707777 to give us a full appreciation of your situation and requirements.
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Maitland Walker attend Dunster Show 2018
On Friday 17 August 2018 Maitland Walker LLP attended the 172nd Dunster Show.
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Enforcing a money judgment
This blog giving an overview of the enforcement process once a judgment has been obtained in the County Court or High Court is the fourth in a series of blogs from Maitland Walker’s litigation team giving insights on the different stages in the dispute resolution process. Maitland Walker has a nationally recognised practice in litigation and dispute resolution and takes instructions in relation to most types of commercial litigation including: Contractual disputes; Debt disputes; Shareholder disputes; Professional negligence claims; Company and partnership disputes; Property disputes; Intellectual property disputes; Competition law disputes; Group actions; Any aspect of European law; Tax disputes; Civil fraud claims; and Financial services claims. The team is headed by Julian Maitland-Walker, the firm’s Senior Partner and specialises in complex, high value disputes with a particular niche in “group claims” (claims with multiple claimants) although we represent a variety of clients in both the High Court and County Court in a range of types of claims that often result in a money judgment. Julian is assisted by Sheree-Ann Virgin, Senior Associate Solicitor and David Hollier, Associate Solicitor. The team are based in Maitland Walker’s Minehead office but all regularly travel to Taunton, London and elsewhere to meet clients’ needs and attend Court. Before proceeding to enforce a money judgment Reaching a stage where a money judgment has been ordered can be just the beginning for a judgment creditor (the person to whom money is owed). A court will not automatically enforce any money judgment or order and the creditor should be aware of the various methods available to him to “enforce” the judgment to recover money owed from the judgment debtor (the person that owes the money, i.e. the person against whom the judgment was made).
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Approval of state aid to EDF Energy for Hinkley Point C nuclear power station is upheld by EU General Court
On 12 July 2018, the European General Court dismissed an action by Austria that challenged the European Commission’s decision to approve state aid of £16bn to be granted by the UK to EDF Energy plc for Hinkley Point C nuclear power station which is situated close to Maitland Walker’s Taunton and Minehead offices in Bridgwater, Somerset. The Commission’s initial investigation into the state aid had been in depth and had resulted in the UK authorities’ agreeing to modify the terms of the proposed state financing to ensure that the state aid was proportionate and resulted in minimal distortions of competition. The General Court dismissed all of the arguments raised by Austria in their challenge to the Commission's decision which included claims that the Commission had erred in properly characterising the aid measures and in finding that the aid measures were proportionate and necessary.
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Adrian Render Joins Maitland Walker Competition/Litigation Team
We are pleased to announce that Adrian has joined the Competition/Litigation Team as a Consultant to provide additional support in the fast growing department. Adrian Render is a senior competition lawyer admitted in England and Wales, New York State and Ireland (non-practicing). He has been working on competition law matters for the majority of his career.
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Maitland Walker promotes three fee earners
Maitland Walker LLP is delighted to share the news that some of its fee earners have been promoted. Solicitor Sheree-Ann Virgin of the firm’s Litigation & Dispute Resolution department has been promoted to Senior Associate status and solicitor David Hollier of the same department has been promoted to Associate Solicitor status. Sheree-Ann and David are based in the firm’s Minehead office. Solicitor Melanie Smith of the firm’s Property department has also been promoted to Associate Solicitor status. Melanie is based in the firm’s Taunton office.
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Mediation in commercial litigation
This blog giving an overview of the mediation process in commercial litigation is the third in a series of blogs from Maitland Walker’s litigation team giving insights on the different stages in the dispute resolution process. The first two blogs are available here: Commercial Litigation Uncovered – Part 1 and Commercial Litigation – Uncovered - Part 2. Maitland Walker has a nationally recognised practice in litigation and dispute resolution and takes instructions in relation to most types of commercial litigation including contractual disputes, professional negligence claims, property disputes, competition law claims, intellectual property disputes. The team is headed by Julian Maitland-Walker, the firm’s Senior Partner and specialises in complex, high value disputes with a particular niche in “group claims” (claims with multiple claimants) although we represent a variety of clients in both the High Court and County Court in a range of types of claims. Julian is assisted by Sheree-Ann Virgin, Senior Associate Solicitor and David Hollier, AssociateSolicitor. The team are based in Maitland Walker’s Minehead office but all regularly travel to Taunton, London and elsewhere to meet clients’ needs and attend Court.
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Anna Neil Joins Maitland Walker's Private Client Team
We are pleased to announce the further expansion of our Taunton office with the appointment of Anna Neil. Anna will bring our already busy and experienced private client team in Minehead to Taunton.
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Emily Simpson has now become a full member of STEP (Society of Trust and Estate Practitioners)
Having completed the Society of Trust and Estate Practitioners (STEP) Diploma, Emily Simpson has now become a full member of STEP.
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Commercial Litigation - Uncovered - Part 2
On 5 April 2018, Maitland Walker’s litigation department posted Part 1 of a blog giving an overview of the types of commercial litigation that Maitland Walker deal with and of the commercial litigation process including the pre-action and commencement stages up to the close of pleadings. That blog is available here. This blog is intended as Part 2 of that overview of commercial litigation from close of pleadings to trial, but do follow our future blogs for more detailed insights on particular types of litigation or on particular stages in the dispute resolution process. Maitland Walker has a nationally recognised practice in litigation and dispute resolution and takes instructions in relation to most types of commercial litigation including contractual disputes, professional negligence claims, property disputes, competition law claims, intellectual property disputes. The team is headed by Julian Maitland-Walker, the firm’s Senior Partner and specialises in complex, high value disputes with a particular niche in claims with multiple claimants although we represent a variety of clients in both the High Court and County Court in a range of types of claims. Julian is assisted by Sheree-Ann Virgin, Associate Solicitor and David Hollier, Assistant Solicitor. The team are based in Maitland Walker’s Minehead office but all regularly travel to Taunton, London and elsewhere to meet clients’ needs and attend Court.
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Buying and Selling – Let’s Improve the Process!
In October 2017 the Government acknowledged that the public is not satisfied with the current buying and selling process, so they launched a consultation with a view to improving the system. Generally, there is a demand for the process to be cheaper, faster and less stressful. Communities Secretary, Sajid Javid, commented: ‘…for far too long buyers and sellers have been trapped in a stressful system full of delays and uncertainty. So we’re going to put the consumers back in the driving seat’. Figures show that over a quarter of sales fall through each year. Due to the time between an offer being accepted and contracts being exchanged (currently approximately 6 – 8 weeks) and no legal commitment prior to that point, buyers worry that sellers will accept a higher offer (known as “gazumping”), and sellers worry that buyers will change their mind and walk away.
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Commercial Litigation - Uncovered - Part 1
Over the forthcoming months, Maitland Walker’s litigation department will be posting regular blogs on various aspects of litigation and dispute resolution including on claims for possession of residential and commercial property, on contractual debt claims and on competition law litigation. This initial blog is intended as the first part of a two part overview of commercial litigation, but do follow our future blogs for more detailed insights on particular types of litigation or on particular stages in the dispute resolution process. Maitland Walker has a nationally recognised practice in litigation and dispute resolution and takes instructions in relation to most types of commercial litigation. The team is headed by Julian Maitland-Walker, the firm’s Senior Partner and specialises in complex, high value disputes with a particular niche in claims with multiple claimants although we represent a variety of clients in both the High Court and County Court in a range of types of claims varying in value from tens of thousand pounds to many millions of pounds. Julian is assisted by Sheree-Ann Virgin, Associate Solicitor and David Hollier, Assistant Solicitor. The team are based in Maitland Walker’s Minehead office but all travel to Taunton, London and elsewhere to meet clients’ needs and attend Court. Generally, as the partner with conduct of your dispute, Julian will set the strategic direction and will ensure that the team execute the plan to achieve it and will head the team implementing the various stages of the litigation.
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Sucessful proprietary estoppel claim on Somerset dairy farm
A recent case involving a Somerset farming family provides an example of a successful claim of proprietary estoppel and is a stark reminder of the court’s ability to step in to correct wrongs where promises between family members are waived at the eleventh hour.
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Family Law Matters - Uncovered
Over the forthcoming months the Family Team at Maitland Walker LLP Solicitors will be posting regular blogs on various aspects of family law. This initial blog is intended as an overview, but future blogs will proivde more detailed insights on particular issues which can arise as a result of family breakdown.
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Maitland Walker is Lexcel accredited for another year
The team at Maitland Walker are proud to have been awarded Lexcel accreditation again by the Law Society following a recent independent assessment of it’s Taunton and Minehead offices. Maitland Walker has held Lexcel accreditation since 2011
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No Dogs Policy
Buyers urged to check Lease provisions carefully; no dogs policy is upheld. In a recent case the High Court has held that a management company acted reasonably when refusing permission for the flat owners to keep a dog in their flat.
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Maitland Walker to particpate in St Margaret's Hospice "Free Will Fortnight"
Maitland Walker LLP are pleased to be participating in the ‘Free Will Fortnight’ scheme in support of St. Margaret’s Hospice during 5-16 March 2018.
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Power of Attorney fee refund scheme launched
If you applied to register an Enduring Power of Attorney or Lasting Power of Attorney from 1 April 2013 to 31 March 2017 then you may be entitled to a refund from the Office of the Public Guardian.
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Stamp Duty cut helps first time buyers onto the property ladder
The recent budget announcement is welcome news for many first time buyers – as of 22 November 2017, those who are purchasing their first home for under £300,000 will not be required to pay any Stamp Duty Land Tax. This will effectively exempt 80 per cent of first time buyers from paying the tax.
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Fraud within property transactions is on the rise
Fraudsters are becoming increasingly savvy to the interception of a buyer/seller’s property transactions. Fraudsters currently use malware which searches for key words in a client’s email, such as; ‘house’ ‘purchase’ ‘deposit’ ‘payment’ ‘transfer’ and then they make their move.
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The Government have announced plans to impose a 100% Council Tax premium for empty properties
In last week’s Autumn Statement the Chancellor announced that legislation is to be introduced which will allow local authorities to charge a 100% premium on properties that have been empty for two years.
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What About the Children?
Separation is not always easy and knowing what is best for the children can sometimes be difficult. At Maitland Walker Solicitors, based in Taunton, Minehead and London, we will advise and guide you through any issues that have arisen in relation to the children.
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Urban Myth. There is no such thing as a common law wife/husband.
There is no such thing as a ‘common law spouse’. It is an urban myth that you gain legal rights by living with your partner for a certain period of time. If you are not married, following a breakdown of your relationship, you do not get the same rights as a married couple. In fact you do not get much at all.
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Charity for the year
Our Charity for the Year is Dorset and Somerset Air Ambulance.
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New Term, New Start
It’s the start of a new school year next week. For some children they may be going to school for the first time or going to ‘big school’. It may be their GCSE year, A levels or the start of university. Many people see the start of a new term in the same way as a New Year- a fresh start. Adults, whether parents or not, may also be making a fresh start or contemplating changes in their lives.
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Pensions- Divorce and Death
How do you feel about pensions? Do you wish you had listened to your dad and started paying into one when you were younger? Would you rather invest your money elsewhere? If you are getting divorced then any pension provision you have will need to be considered. Maitland Walker Solicitors, based in Taunton, Minehead and London can give you family law advice. Please note solicitors are not qualified to give financial advice!
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Wonderful day at Dunster Show 2017
Maitland Walker would like to thank those that visited us at the Dunster Show. It was lovely to see our clients, old friends, fellow professionals and meet new people.
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Purchasing a new home?
Buying (and selling) a property is said to be one of the most stressful times in a person’s life. Here at Maitland Walker, based in Minehead and Taunton, we provide a prompt and efficient conveyancing service to make the process as easy as possible. We guide our clients through each stage so that the timescales are understood. You will be allocated a conveyancer and they will look after you throughout your transaction.
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Dunster Show- Friday 18th August 2017
Maitland Walker Solicitors, based in Minehad and Taunton, are pleased to offer you a warm welcome to our stand at the Dunster Show.
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Congratulations to Ben Slade- 15 years with Maitland Walker!
Ben Slade, Partner and Head of Real Estate, based at our Taunton Office has been with Maitland Walker Solicitors for 15 years.
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Minehead Raft Race 2017
Well done to the Raft Team for completing the race without sinking!
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Moonraker Challenge- Saturday 14 October 2017
The Rotary Club of Taunton Vale invites to to enter the Moonraker Challenge. Are you up for the Challenge? 7 or 14 Miles!
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Bespoke & Flexible Legal Advice
At Maitland Walker Solicitors we pride ourselves on our flexible approach to legal advice. We have offices based in Taunton, Minehead and London. We offer legal advice to businesses and individuals on numerous areas of law including Family Law Advice & Divorce, Commercial, Corporate, Residential and Commercial Property, Wills & Probate, Trusts and Agricultural advice. Please see our website at www.maitlandwalker.com for the full range of legal advice we give.
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Art or Crime?
Lauren Preedy, Partner at Maitland Walker Solicitors, based in Taunton and Minehead visited Upfest in Bristol at the weekend and was amazed by the wonderful art.
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Neighbour Dispute? How to deal with your neighbour’s overgrown garden
I’ve found myself in an unfortunate position. One of my neighbours has let their garden completely overgrow. It is so overgrown with brambles that you wouldn’t know there was once a garden underneath. Rubbish and debris, mattresses, old ladders, chairs and a shed have disappeared beneath the undergrowth. Not only does it look unsightly but I’ve seen a rat or two running in and out of the “garden” and the strong, powerful weeds that seem immune to the weedkiller I’m using are growing underneath the fence into my little patch of garden at a rate of knots.
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High Court evicts ex-caretaker and family from school bungalow
Jack Stove, 17 on work experience with Maitland Walker has prepared the following summary of the High Court’s decision in Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) (21 June 2017):
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Maitland Walker is Lexcel accredited for another year
The team at Maitland Walker are proud to have been awarded Lexcel accreditation again by the Law Society following a recent independent assessment. Maitland Walker has held Lexcel accreditation since 2011.
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Is your company aware of the new changes to PSC Registers implementing anti money laundering legislation?
Anyone who is involved in the ownership or management of a limited company or limited liability partnership (‘LLP’) should be aware of important changes that will come into force on the 26th June 2017 regarding their ‘register of people with significant control’ (the ‘PSC Register’).
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CMA issues clearance decision in Irish Dairy Board / FJ Need Foods merger
The Competition and Markets Authority published the full text of its decision on 28 April clearing the anticipated acquisition by Irish Dairy Board (UK) Limited of FJ Need Foods Limited. The CMA had cleared the merger at the end of March.
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Electronic filing is compulsory in Chancery Division cases from today
Today, the use of electronic working becomes compulsory in Rolls Building courts, that is the Chancery Division of the High Court, the Commercial Court, the Technology and Construction Court and the Mercantile Court and Admiralty Court.
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Government Scraps Unpopular Probate Fee Increases
The BBC has this morning reported that the government’s controversial plans to increase probate fees payable after death are to be scrapped due to lack of parliamentary time before the general election.
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COMMENTARY ON THE JUDGMENT OF THE COURT OF APPEAL DELIVERED ON 06 APRIL 2017
The English Court of Appeal handed down their judgment in this case on 06 April 2017.
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Noisy Neighbours?
Unfortunately, you cannot pick your neighbours. Often, you will not have even met your neighbours before the day that you move into your new home. So, what do you do if you find yourself living next door to a troublesome neighbour?
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New Pre-Action Protocol for Debt Claims
A new Pre-Action Protocol for Debt Claims (“the Protocol”), which will come into force on 1 October 2017 has been published by the Ministry of Justice. The Protocol will apply to any business claiming payment of a debt from an individual. The protocol does not apply to business-to-business debts unless the debtor is a sole trader.
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High Court considers whether there has been substantial interference with a private right of way
In Kingsgate Development Projects Ltd v Jordan & anor, Jefford J considered whether there had been substantial interference with the Claimant’s private right of way. Any obstruction of a private right of way must be substantial to be actionable and there can be no substantial interference if, despite the obstruction the right of way can be “practically and substantially exercised as conveniently” as it was before.
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CMA issues full text decision on acqusition by Shearwell Data of the entire issued share capital of Ketchum Manufacturing Limited
The UK Competition and Markets Authority (“CMA”) published on Friday the full text of its decision to approve the anticipated acquisition by Shearwell Data Limited (“Shearwell Data”) of the entire issued share capital of Ketchum Manufacturing Limited. The decision comes after the CMA announced on 23 January its intention not to refer the merger to a Phase 2 investigation because the merger would not give rise to a realistic prospect of a substantial lessening of competition within a market or markets in the UK. Julian Maitland-Walker, Senior Partner of Maitland Walker LLP advised Shearwell Data on the acquisition and notification to the CMA assisted by David Hollier, Assistant Solicitor. The CMA’s decision is available here.
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Residential Landlords Beware
If you are a landlord of residential premises it is vital that you comply with your new obligations if you wish to be able to remove your tenant and avoid potential financial penalties. It is clear that many private landlords are still unaware of their obligations.
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INHERITANCE TAX: THE INTRODUCTION OF RESIDENCE NIL RATE BAND
When someone dies inheritance tax (IHT) is charged at the rate of 40% based on the value of their assets. This rate only applies to the value of any assets that exceed the nil rate band. The nil rate band is the amount which is chargeable to IHT at the rate of 0%. Currently the nil rate band is set at £325,000.
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Refunds on Higher Rate of Stamp Duty Land Tax
On the 1 April 2016, the Government introduced a higher rate of stamp duty land tax on the purchase of additional residential properties. However, where a person purchases a new main residence before selling their existing main residence, it is possible for them to obtain a refund for the additional amount of stamp duty land tax paid after completion of the sale, provided they meet the criteria listed below.
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Divorce Disasters – don’t cut corners
The end of a relationship can be tricky and distressing- emotionally and financially. People often want to save money on legal fees but you must be careful. If you try to do it yourself, you could make a mistake with the divorce process or the financial matters and end up in an unfair position (which maybe unchangeable).
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Will Aid - November 2016
The private client department of Maitland Walker are participating in Will Aid in November 2016. Instead of paying our fees, you will be invited to make a donation to Will Aid. The suggested voluntary donation is £95 for a basic Will or £150 for a pair of basic mirror Wills.
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The Impact of a Party Wall
You have found your dream property, and then your conveyancer informs you that you have a party wall. So, what happens next? Back to Basics: What is a Party Wall? Often, a party wall separates the properties of two adjoining owners, where each owns part and each has certain rights over the wall. It can also be a wall owned entirely by one of the owners but over which the adjoining owner has certain rights. It can be part of the building itself (such as a house wall that is also a boundary wall) or a separate structure (such as a shared wall in a row of terraced houses).
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Agreements Between Cohabitees
A recent Court of Appeal decision illustrates just how easily an informal discussion and agreement can lead to a Constructive Trust defining rights in property. The case of Ely v Robson [2016] upheld a declaration as to the extent of beneficial interests in property of Mr Ely and Ms Robson.
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Warning to parties on taking technical points on service where they have not been prejudiced
In the case of DB UK Bank Ltd (t/a DB Mortgages) v Sinclair Solicitors Ltd [2015] EWHC B29 (Ch), the parties agreed under CPR 7.6 an extension of time for service of the claim form and particulars of claim until 07 September 2015 which was recorded in a consent order signed between the parties and sent to the Court without an accompanying application form. The claimant subsequently sent the claim form and particulars of claim to the defendant by fax and DX on 04 September 2015. The defendant argued in its application to the Court challenging service that the reference in the consent order to extending the “time for service” to 07 September 2015 meant that the claim form had to be deemed served under CPR 6.14 by 07 September 2015 (it would not have been deemed served until 2 business days after posting, i.e. until at least 08 September 2015) and not merely despatched under CPR 7.5.
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Higher Rate of SDLT Amendments
On 1 April 2016, the Government introduced the new higher rate of stamp duty applicable to the purchase of additional residential properties. The Government announced on the 28 June 2016 that they would be making amendments to the Finance Bill 2016 relating to the new higher rate of stamp duty.
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Decision expected in CMA’s phenytoin sodium unfair pricing investigation in September 2016
The CMA has amended its case timetable in its investigation into alleged excessive and unfair prices for phenytoin sodium capsules under Chapter II of the Competition Act 1998 and Article 102 of the Treaty on the Functioning of the European Union so that a decision is now expected in September 2016 rather than in August 2016.
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Beware of property scams
Beware of property scams! The Land Registry is encouraging all property owners to be vigilant for scams which could affect their properties. You are more at risk if: your identity’s been stolen you rent out your property you live overseas the property is empty the property is not mortgaged the property is not registered at Land Registry
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Is your company prepared?
The new, People with Significant Control “PSC” register
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Maitland Walker Solicitors – Taunton office opening.
Maitland Walker solicitors formally celebrated the opening of their office in Taunton town centre with a visit from local MP, Rebecca Pow.
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Residential Landlords Beware
If you are a landlord of residential premises it is vital that you comply with your new obligations if you wish to be able to remove your tenant and avoid potential financial penalties. It is clear that many private landlords are still unaware of their obligations.
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Changes to Stamp Duty Affects Second Home Buyers
Most people are aware that buying a residential property involves paying Stamp Duty Land Tax (SDLT) if the property you are purchasing is over £125,000; however, from 01 April 2016 the government introduced a new higher rate of SDLT for anyone who purchases an additional residential property (typically, a buy to let or second home).
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Maitland Walker LLP Solicitors – Taunton Office Opening Event Success
Maitland Walker Solicitors celebrated their new Taunton office opening on 9 June with huge success. This event saw an excellent turn out of supporters and clients which led to a great evening of networking for all that attended.
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The Risks of Covert Recording of a Child to Gather Evidence
Mr Justice Jackson has held, in a very recent case, that it is almost always wrong for a recording device to be placed on a child to gather evidence in family proceedings, whether the child is aware of it or not.
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Court of Appeal clarifies meaning of “without force” in easement cases
When seeking to establish an easement by prescription, the term "without force" means more than you may imagine. Not only should the person claiming the easement show that it has not used physical force to use the land; it must also show that its use was not contentious. In Winterburn v Bennett [2016] EWCA Civ 482, the Court of Appeal held that a land owner could prevent easements arising by prescription by placing notices on its land.
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Court of Appeal holds that contract signed by a buyer on behalf of himself and his wife without her authority was valid, but only bound him alone
In the case of Marlbray Ltd v Laditi and another [2016] EWCA Civ 476, on 24 May 2016 the Court of Appeal considered the validity of a contract where the signatory did not have the authority to sign on behalf of his wife.
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High Court decides on business tenancy renewal rent in relation to a lease with unusual provisions
In the case of Flanders Community Centre v London Borough of Newham, on 08 April 2016 High Court considered an appeal against the terms set for a lease renewal under Part II of the Landlord and Tenant Act 1954 (“LTA 1954”). In 2001, the London Borough of Newham (“Newham”) let a property to Flanders Road Community Association Limited (“FCC”) to use as a community centre. The lease was granted for a term of 7 years expiring in March 2008, at an annual rent of £1 (if demanded), along with payment to Newham in respect of insurance for the property. The lease differed from a typical commercial lease in that it contained a number of provisions that related to the property’s use as a community centre. Some of the terms were particularly onerous in nature and effectively allowed Newham to control how the premises were run.
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Survey? Or No Survey?
A common question buyers often ask is ‘Do I really need a survey?’ There is a long-held principle in English property law of Caveat Emptor or “buyer beware”. At exchange of contracts the buyer is bound to purchase the property as it stands, before this point a buyer is under no legal obligation to proceed if they are not satisfied with the condition of the property.
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Claim not “brought” for limitation purposes if court fee has been underpaid
In the case of Bhatti v Asghar, Warby J sitting in the Queens Bench Division of the High Court was asked to consider the Defendant’s application for summary judgment and / or strike out. In the application, the Defendant contended that the Claimant’s solicitor had deliberately underpaid the court fees due on the issue of the claim form and that such failure to pay the correct court fees meant that the proceedings were invalid and given that the limitation period had now expired, no valid claim has been brought in time.
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CMA issues competition law infringement decision relating to commercial catering sector
The Competition and Markets Authority issued its decision today finding an infringement of Chapter I of the Competition Act 1998 and / or Article 101 of the Treaty on the Functioning of the European Union by ITW Limited (“ITW”), a global manufacturer of specialised industrial equipment and consumables. The infringement relates to the supply of commercial catering equipment, specifically ITW’s Foster Refrigerators between 2012 and 2014.
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Privatisation of the Land Registry
The Queen opened Parliament on 18 May 2016. She announced the Government’s intentions to introduce the Neighbourhood Planning and Infrastructure Bill. The introduction of this new legislation would enable the privatisation of the Land Registry.
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Can employers insist on what their employees wear to work?
Nicola Thorp, a temporary receptionist at a city firm, and was told that unless she wore high heels to work, that she would be sent home without pay. She refused to do so, claiming that she preferred to wear more comfortable lower heels. She was promptly sent home as she breached the dress code which set out that high heels should be worn.
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Maitland Walker appoint two new partners
Maitland Walker LLP are delighted to announce that Associate Solicitors Janice Leyland and Ben Simpson have been appointed as Partners as of 01 May 2016. Janice specialises in family law and joined the firm in 2012. She has extensive experience in financial dispute resolution, with a particular interest in family businesses, farming and high net worth assets. However, Janice also deals with a variety of other types of family law matters including pre-nuptial and cohabitation agreements and children matters. Ben specialises in estate planning, wills, trusts, tax, estate administration, powers of attorney and applications to the Court of Protection. He has a particular interest in undertaking capital tax and estate planning for farming families and landed estates. He joined the firm in 2006 and has been with Maitland Walker throughout his legal career.
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House prices hit record high according to Office for National Statistics House Price Index
The Office for National Statistics’ monthly index shows that house prices have increased five times faster than average weekly wages over the last five years. House prices rose by 9% in the year to March 2016 and by 7.6% compared to prices in February. It remains to be seen whether the 7.6% hike in prices was generated as a result in the increase in stamp duty for second homes and investment properties.
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CMA issues decision relating to bathroom fittings sector
The Competition and Markets Authority issued its decision yesterday finding an infringement of Chapter I of the Competition Act 1998 and Article 101 of the Treaty on the Functioning of the European Union by Ultra, a supplier of bathroom fittings.
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Tied-Pub Tenants to Benefit from New “Pubs Code”
The Small Business, Enterprise and Employment Act 2015 (“SBEA”) contains provisions for the introduction of a new “Pubs Code”. The core principles of the Pubs Code are to ensure that tied pub tenants are no worse off than if they were not subject to any tie and to regulate fair and lawful dealing by large pub-owning businesses in relation to their tied tenants.
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