Incorporating your own company

Incorporating your own company If you have decided to set up either a limited liability company or a limited liability partnership, there are a few points which you need to consider. Company nameYour company can only have a name that is not already registered by another company.  In order to check whether your company name … Continue reading Incorporating your own company

Getting yourself noticed: take care when exercising a break clause

Break clauses form a relatively small part of modern commercial leases, which today can stretch to over 60 pages of obligations, rights and definitions. However, despite being easy to overlook after thousands of words of legal jargon, these clauses have an importance which cannot be overstated. A break clause gives a landlord, tenant or both … Continue reading Getting yourself noticed: take care when exercising a break clause

Why leave it when you can sort it – an introduction to separation agreements

Why leave it when you can sort it – an introduction to separation agreements Some spouses may be of the view that the marriage is at an end, but are not emotionally ready to deal with the divorce or may have other reasons as to why they do not wish to commence divorce proceedings so … Continue reading Why leave it when you can sort it – an introduction to separation agreements

When is a fence not an obstruction?

When is a fence not an obstruction? If a property has the benefit of a right of way it has been established law for a long time that just stopping using the right of way (abandonment) doesn’t invalidate the right of way or cause it to fall away.  A 1992 court case (Benn v Hardinge) … Continue reading When is a fence not an obstruction?

Is Your House in Order?

Well, it is back to work after a joyful Christmas and, this year, for the first time in a while, I have made some New Year’s resolutions.  One of them is to update my Will, as the Guardianship clause is out of date, and the other is to make sure that the whole family has … Continue reading Is Your House in Order?

The Quality of Witness Evidence

The Quality of Witness Evidence I am sure you have not spent the Festive Season watching Court room dramas! Nevertheless, everyone is aware of one of the key elements of the adversarial process – the cross examination of witnesses.  How many productions turn on a slip of the tongue when a confused judge and jury … Continue reading The Quality of Witness Evidence

What Happens to my Property if I Need to Move to a Care Home?

What Happens to my Property if I Need to Move to a Care Home? This is often a question that I am asked by clients and is understandably something that people are very concerned about, having worked hard for years to buy their property and create a home. Understanding better the treatment of property in … Continue reading What Happens to my Property if I Need to Move to a Care Home?

Litigation has to be conducted in a cooperative fashion

Litigation has to be conducted in a cooperative fashion In the context of the resolution of civil disputes, the governing principle behind the court rules and the Employment Tribunals rules is to deal with cases justly and, in relation to the court rules, at proportionate cost.  This is known as the “overriding objective”. There has … Continue reading Litigation has to be conducted in a cooperative fashion

Transfer of Equity after marriage – is this easy to do?

Question I’ve recently got married and would like half of my mortgage to be transferred into my spouse’s name. Is this a simple transaction? Answer Simon Pook, Head of Residential Property, Clarke & Son replies: The short answer to this question is ‘it depends’!  If you have no mortgage and you will be gifting one … Continue reading Transfer of Equity after marriage – is this easy to do?

It’s time to sort out Christmas contact

It’s time to sort out Christmas contact If you are a parent who does not live with your child then you should start thinking about agreeing Christmas contact now. You may think Christmas is too far away but many solicitors’ offices close just before the Christmas holidays and the Courts are extremely busy at that … Continue reading It’s time to sort out Christmas contact