Blog

Boundary disputes can be expensive and take a long time to resolve, which is why it is so important to get good legal advice at the outset. Solicitor-Advocate in our Litigation Department, Kristy Ainge explains in this article Where there is a dispute about a boundary it is usually because...

We're pleased to welcome a new member of our team here at BTTJ. Kristy Ainge joined us this week as a Solicitor-Advocate in our Litigation Department, based out of our Coventry office. Kristy qualified in 2014 and has been specialising in civil and commercial litigation ever since, working at local...

We are saddened, along with the rest of the country, to hear the news. Rest in Peace to the UK’s longest serving monarch, Queen Elizabeth II. We would like to offer our sincerest condolences to the Royal Family and the nation at this time.

Charitable giving has a long history in the UK, with people choosing to support the causes that matter to them in many different ways. Every donation can have an impact, but it’s gifts in Wills that now form the largest source of voluntary income for charities. Legacy giving is becoming...

Congratulations to Andy Moore who celebrates 25 years with us as Tom Barnes’ Legal Secretary in our Clinical Negligence department Andy started at BTTJ in 1997!

The Criminal Bar Association confirmed on 22nd August 2022 that its members had voted to pursue further strike action (or escalation) on 5th September 2022 for an indefinite period. https://www.criminalbar.com/resources/news/ballot-announcement-22-08-22/ The reasons behind the dispute that has...

With some recent updates to UK employment legislation, BTTJ Employment Law Solicitor Sharon Tavengwa outlines some of the changes that business leaders should be aware of:- Fit Notes Fit notes are usually required for SSP where an employee has been off work for more than 7 days. Legal...

Are you aware of your rights in respect of pensions on divorce?  Most couples will have thought about how to deal with the ownership of their home and dividing joint accounts, but research has shown that many do not consider their pensions following separation. Pensions can make up a...

Conveyancing Executive Diane Latham & Legal Secretary Debbie Wrist have received this gorgeous bouquet of flowers from a grateful, happy client - a lovely summer bouquet to match the weather! Very much appreciated, thank you!

We’re celebrating our newly expanded & refurbished office in Balsall Common with a photo competition! We’re looking for budding photographers to get outside with their cameras & take a photo of your favourite landmark or landscape within the local Balsall Common area to be in with the...

Contracts between parties are a staple of every day life, whether it be the supply of machinery or the supply of a service (such as a consultancy), contracts are a key part of the business world and govern that relationship. If a product is supplied and payment is not received, you may need to...

A big congratulations to Legal Secetary in our Conveyancing department Tyler Wilson on passing her Youth Justice Studies degree with The Open University, very much deserved after years of hard work Well done Tyler from all at BTTJ!

The property market has been experiencing a busy period in which higher numbers of properties have been bought and sold. In some cases, residential landlords have decided to sell their rental properties. In a large number of transactions, the sale of the property is subject to vacant possession...

With record temperatures in the UK & many schools closing you may wonder about workplace regulations for working during a heatwave? The answer is that the law does not state a maximum (or a minimum) temperature. However, the Workplace (Health, Safety and Welfare) Regulations 1992 lay down...

The Village Store in Bishops Itchington is a dream come true for proprietors Orlaith Horsman and Bee White. A former newsagent, the shop has been trading in the village of Bishops Itchington for over 20 years however when local residents Orlaith and Bee purchased the freehold and took the reins...

With The Leasehold Reform Act 2022 coming into force next week there are significant changes on the way Alex Khan, Partner & Property Solicitor says: "The government has spoken about Leasehold reform for a number of years and I hope these changes are the start of things to come. These...

Exciting times ahead at our Balsall Common office! We’re expanding our office space to allow for more members of our team to be available locally & to better accommodate clients in our new meeting room.  Right now, it doesn’t look like much, but the contractors are in &...

Employers are putting themselves at risk by neglecting to put in place measures such as restrictive covenants to prevent loss of business to former employees setting up a rival business, or indeed joining a rival business, warns Employment Solicitor Kerry Hudson. The issue is particularly...

We understand that when someone dies it can be a difficult and daunting time.  There are many things to consider and lots of things that need to be done when someone passes away. This can be overwhelming.  Here at Brindley Twist Tafft & James, we offer an understanding and sympathetic...

Law firms across the country have noticed a sharp rise in the number of instructions regarding the buying and selling of businesses or companies. There are different methods to assume control of a business or company; one can be an asset purchase, where the buyer can pick and choose what they...

As part of it’s response to Covid-19 and providing the support many businesses needed during the Covid-19 pandemic, HM Government arranged for temporary changes to the rules regarding statutory demands and winding up petitions. In essence, the creditor would need to be owed in excess of...

When a person purchases a leasehold property, they are essentially purchasing exclusive occupation of a property for a term of years.  Accordingly, they need to be aware that the property is a depreciating asset, i.e. the shorter the term of years left, the less the property is worth. ...

Adam Lloyd joined us as a Solicitor in our Medical Negligence Department in March 2022 and is based at our Coventry office. Adam joined us from a local Solicitors firm and previously worked as a Personal Injury and Clinical Negligence Solicitor. Outside of work Adam enjoys watching rugby...

The long-awaited final report of Ms Donna Ockenden, Senior Midwife was published earlier this week, on 30 March 2022.  This report follows on from Ms Ockenden’s previous report published in December 2020. Ms Ockenden was assisted in preparing the report by an independent team of medical...

As restrictions surrounding the Covid-19 pandemic draw to a close, both employers and employees will now understandably realign their focus on how to revert back to the old normal or for some, the new normal. However, whilst important, this focus may distract from the significant employment law...

We’re pleased to introduce a new member of our firm here at BTTJ. Sophie Hayes joined us in March 2022 as a Paralegal in the Commercial Department, based out of our Coventry office. Sophie is currently in the final year of her Law degree at the University of Law. While studying for her her...

When considering putting in place Wills, many people think long and hard about what they want to happen to their property and their money, however, for people who have children who are minors, sometimes the most important reason to do a Will is to appoint trusted people to look after their children...

We’re celebrating all of our female team members (which make up over 80% of our team!!) here at BTTJ today on International Women’s Day, each & every one does a fantastic job! As a firm lead by a female Senior Partner, we are proud to have such a diverse workforce. Samantha...

Conveyancing Solicitor Mark Cooper gives advice on Personal Guarantees........ Purchasing properties in a company’s name may seem like a good idea (following, of course, advice from an accountant) but if a mortgage from an institutional lender is necessary, there is an additional...

Employers and their staff must make preparations and know their rights now employees are able to self-certify sickness for up to 28 days under a temporary rule that came into effect on the 17th December 2021, but will apply to periods of sick leave from the 10th December.  The temporary...

6 April 2022 will see a significant change in the law with the introduction of “no-fault” divorces. Our current divorce law has been in place since the 1970s and, unless parties have been separated for at least two – and in some circumstances five – years, requires one partner to make...

We're pleased to introduce a new member of our firm here at BTTJ. Jaz Virk joined us in January 2022 as a Solicitor in our Private Client team, based out of our Coventry & Balsall Common Offices. Jaz joins us from a local Solicitors firm, previous to this Jaz worked at a firm in...

Is making a Will on your list of new year resolutions, if it is not then it is something you should consider. Quite often after I have completed a Will for a client, they comment that it was a much easier process than they had envisaged, and it was something on their “to do list” that they...

Jonathan Rose qualified as a Solicitor in 2012. Jonathan joined BTTJ as a Solicitor in our Medical Negligence Department in January 2022. Jonathan joins us from a local firm, previous to this Jonathan worked at a firm in Northampton. Jonathan has experience in dealing with a wide range of...

We are offering parents in Coventry & Warwickshire a free guide containing advice and information to help them put children first during a separation or divorce. Solicitor and Head of our Family & Matrimonial depoartment Kate Booth said: “We know that the pandemic has put huge...

More businesses appear to be making redundancies as a result of company restructures or reorganisations rather than the need to cut costs or reduce their workforces as a result of effects of the pandemic. Kerry Hudson, Employment Solicitor said there was a growing number of cases where the...

Employees seeking flexible working arrangements need to have completed a minimum of 26 weeks’ service for their employers before they are legally entitled to make a request. Kerry Hudson, Employment Solicitor, said perhaps because of Covid and with a lot of businesses still not having fully...

“My route into Law was an unconventional one: after a career as a Nurse and an NHS manager, I made the transition to Medical Negligence law. I began my career studying for a BSc (Hons) in Applied Science. I then trained in general and mental health nursing, qualifying as a registered mental...

The recently decided case of Fairhurst (“Claimant”) v Woodard (“Defendant”) has brought up an interesting development in the law of data protection relating to cameras and “smart” doorbell systems. In the case, the Claimant had brought an action against the Defendant as they had a...

Whether it’s going into business on your own or with someone, it is very difficult to choose how you want to structure how you go into business. There is always the risk that something may go wrong. Below is a quick guide to potential ways you could structure that step forward.* Business It...

This is not intended to advise you regarding investments, if you want more information and advice regarding investments and their suitability for you, please contact your financial advisor. What is a shareholder? A shareholder is someone who has purchased and owns a share (or shares) in a...

Solicitor Kate Booth has joined us as our Head Of Matrimonial & Family department Kate qualified as a solicitor in 2006 and has specialised in family law throughout her career, at firms in Warwickshire and the West Midlands. Kate deals with private family law cases including divorce and...

The heartbreaking toll of the COVID-19 pandemic has shone a light on the complications an unplanned death can inflict on loved ones. Both family relationships and finances have become more complicated in our society, and end-of-life plans can seem overwhelming as a result, even for younger...

“Businesses should as a matter of course always provide contracts of employment for all their employees.” Kerry Hudson, Employment Solicitor, issues the warning in light of the end of the government’s furlough scheme this month. With the scheme offering a lifeline to companies such as...

Rising numbers of employment tribunal cases are causing delays in the processing of claims with them taking up to a year to be heard.  Employees/workers should therefore be mindful before embarking on the process questioning whether they are able to invest the time, emotional investment,...

Julia French joined BTTJ in September 2021 as a Fee Earner in our Clinical Negligence Department. She joined us from a Manchester based solicitors firm, and before that Julia spent over 4 years at the Criminal Cases Review Commission in Birmingham, as a Case Review Manager.  Before...

Sharon Tavengwa has joined us as a Solicitor in our Personal Injury & Employment teams Sharon joins us from a trade union firm where she worked as a Litigation Executive and has worked for various national firms. Sharon was admitted to the roll of Solicitors in January 2020 and has...

We expand service offering as Southam booms We're now fully open for business, expanding our offering in Southam to cater for extra demand for legal services in the booming market town. Our Southam office, located in Coventry Street, was closed to in-person appointments throughout the...

Congratulations to Kyle Smith who's started a new position with the firm. Kyle joined our Commercial team as a Paralegal in January 2020. As of the beginning of September 2021, Kyle became a Trainee Solicitor, remaining within the Commercial department.

A common misconception for partners who are not married or in a civil partnership, is that they have automatic rights to each other’s assets should one of them die.  Unfortunately, this is not always the case.  The only assets a partner would receive are jointly owned assets or assets...

Partnerships in business There are a few options when it comes to how you structure a business, one of these is the Partnership. Most partnerships are governed by the Partnership act 1890 which establishes not only the structure of a partnership and the rights of partners but also the...

What does the law currently require? Under chapter 2 of part 10 of the Companies Act 2006, company directors who are in any way directly or indirectly interested in a proposed transaction must declare the nature and extent of that interest to the other directors. This declaration must...

Clinical Negligence litigation relies on the opinion of medical experts, to identify and establish breach of duty, causation and quantum issues. Many of these medical experts work in both public and private sectors and many of whom have been called forward to healthcare’s front line in the fight...

We're pleased to introduce a new member of our firm here at BTTJ. Pauline Higgins joined us as a Conveyancing Fee Earner last week. Pauline has a wealth of experience working for local law firms in the past. When not busy Conveyancing, Pauline likes to unwind in the company of friends and...

Last year our Private Client team took part in Free Wills Month, raising money for the mental health charity Mind & have just received their certificate. Well done to those involved in engaging in this fantastic initiative whilst supporting this invaluable UK charity

Holidaymakers forced to delay their return to work through government rule changes while overseas, or because they’ve been pinged, run the risk of losing hundreds or even thousands of pounds of earnings. Kerry Hudson, Employment Law Solicitor said employees could be out of pocket if the rules...

The small claims limit has increased from £1,000.00 to £5,000.00 in all road traffic accident cases from 31st May 2021.  This means save for a very notional fixed sum and court fee, even if successful Claimant’s are unable to recover legal costs. As a result, many Claimants Solicitors...

In BTTJ’s Private Client department we are seeing more and more clients who are asking how they can protect their assets from care home fees.  Often their main concern is to ensure that they leave their hard-earned money for their family after they have passed away. The good news is that...

Samantha Wright, our Senior Partner, says the business upheaval caused by COVID-19 is a stark reminder of the need to have business continuity plans in place in the sad event an owner-manager dies. What happens to a business when someone dies? The consequences of the death of an owner-manager...

We're seeing a rise in the number of workers seeking advice after being suspended from their jobs. Kerry Hudson, Employment Solicitor said there had been a steep increase in the number of enquiries in recent months. In almost all cases the workers were completely unsure of their rights. It...

We have recently received many enquiries from clients about their legal responsibilities surrounding client data, data protection, and how they affect employment and litigation. In October British Airways was fined £20 million by the UK's data protection authority after a hacker accessed...

Women on furlough failing to tell their employers when they fall pregnant, could jeopardise their rights. Kerry Hudson, Employment Solicitor warns that there is a risk ‘mothers to be’ on furlough may be tempted not to notify their employers of their pregnancy, partially because they think...

Making a Will can be a daunting prospect.  It is estimated that over half the population have not made a Will, with around 60,000 estates each year being ‘intestate’, meaning there is not a valid Will in place.  Solicitor Katie Nightingale explains why making a Will is important...

What has changed? As of 28th January 2021, HM Government has begun to encourage the use of the “model tenancy agreement” the aim of this agreement is to strike a fair balance between Landlords and Tenants. As well as to address issues in the rental market recognised by the government. A...

What is a shareholder’s agreement? A shareholder’s agreement is a private written agreement between the shareholders of a company and, usually, the company itself sets out boundaries between the shareholders and their rights in respect of the company.  It ties together the various...

We're delighted to announce the appointment of two new partners of our firm. The appointments are in recognition of the hard work and dedication the new partners have demonstrated whilst working at Brindley Twist Tafft & James. Alex Khan, a solicitor in our Commercial department and Richard...

Simon Grindlay, an experienced solicitor who has been at the firm since BTTJ merged with Haxby Jarvis in 1991, has announced his retirement as a partner of Brindley Twist Tafft & James LLP. Simon, who is well known locally as a dependable property specialist working on both residential and...

During the pandemic, the subject of whistleblowing (protected disclosure) has come to the fore with more and more employees expressing concerns over health and safety and breach of regulatory issues in the workplace. And with employees now starting to make their return to the workplace whilst...

On 6th April 2021 the rule changes regarding IR35 (twice delayed) will come into effect. If your business works with subcontractors you may need to be aware of and manage the risks to your business. What are the current IR35 rules? IR35 (or the Off-payroll rules) are a regime that the...

With the country still in the midst of seeking to recover from the effects of Coronavirus, the Chancellor announced the 2021 budget this week with the focus on rebuilding the economy.  We’re taking a closer look at some of the key announcements and what they mean for employers and...

Are you currently thinking about moving house? Perhaps you are wanting to get a foot on the property ladder for the first time and trying to buy your first home? With the chancellor this week announcing the 2021 national budget, with the focus on rebuilding the economy, we take a look at how...

As the nation is seeking to recover from the effects of the Coronavirus pandemic, both on the economy and the wellbeing of our nation, the Chancellor announced his plan this week for rebuilding the economy. The Budget has the potential to affect several areas of life in the country which leaves...

Whilst coronavirus continues to have a damaging effect on job losses, with record numbers of redundancies in the three months to December 2020, the pandemic has also resulted in several other changes. With unemployment levels now reaching 5.1%, it has been a period like no other, altering the...

Change in Private Sector Housing Enforcement Policy nationwide sees planned increase of frequency of fines reaching £30,000. On Tuesday 16th February 2021, HM Government approved an updated Private Sector Housing Enforcement Policy. This new policy has increased the power of councils nationwide...

Virus serves as a stark reminder for all generations to prepare for any eventuality Less than four in ten people in the UK have drawn up a will, while less than three in ten people have taken any kind of action to safeguard their estate in the event of their deaths. The alarming figures, from...

With record numbers of job losses as the coronavirus takes a continuing toll, employers and employees are being reminded of the need for clarity on their responsibilities and rights in Settlement Agreements and redundancies.A record 370,000 redundancies were recorded in the three months to October...

As the country faces an unprecedented health crisis and England is in the grips of a second national lockdown increasing numbers of people are choosing to set up their wills so they have peace of mind at such an unpredictable time.The Covid situation has highlighted the importance for many people...

Brindley Twist Tafft & James LLP has acquired the well-known Warwickshire based law firm, MacNamara King Solicitors.  The move is expected to increase turnover levels by more than 20% in the first year and will strengthen BTTJ's reputation as a leading West Midlands firm of solicitors,...

Since the outbreak of the coronavirus pandemic our employment department has been very busy and we have seen a significant increase in the amount of settlement agreements being offered to employees or indeed employers considering whether they wish to offer the same. There are several...

Our Personal Injury Solicitor, Kerry Hudson, discusses the first remote trial via Skype and how to prepare for a remote trial hearing. Many Claimants may be worried about how a Personal Injury claim may be progressed with the reduction of services the courts and tribunals may be able to offer...

Emma Wallbank TEP, Legal Executive in our Private Client team, explains how we can help below. Sadly, over the last few months some of us will have lost loved ones, or know people who have lost loved ones.  In these unprecedented times, when death rates are high and death tolls have become...

Katie Nightingale TEP, Solicitor in the preparation of wills, powers of attorney and estate planning explains further. Who looks after your affairs if you become unwell and unable or who looks after your affairs if you are self-isolating during the coronavirus crisis?  The common answer I...

Helen Strong, Head of our Private Client team and a Solicitor with over 23 years in the preparation of wills, powers of attorney and estate planning explains further. People often fail to realise that if they are too poorly and have lost the capacity to make decisions about both their finances...

Existing clients and potential clients may be wondering about what do about writing or updating their wills during this period of lockdown and we want to reassure you that we have put measures in place to enable our will writing services to continue, although now by way of virtual and telephone...

The budget, proclaimed as helping people out in tough times by the CBI, has been announced in parliament. A wide range of measures which will affect you as a consumer, as a business and as an employer have been revealed. But what does it all mean? First of all, the Budget was different than...

The answer to this is based upon whether you have Parental Responsibility or not. Parental Responsibility is defined by the Children Act 1989 as being “all the duties, rights and responsibilities each parent has to a child”. In practice this entails that each person who has parental...

Any parent will say that the most important thing in their life is their children.  You would do anything for them and so for anyone to tell you that you cannot see them anymore is life changing. Parents have rights to see their children and unless there are safeguarding concerns in place,...

Divorce is the legal process to end or dissolve a marriage, which is carried out by the Family courts. The procedure begins with a divorce petition and ends with a decree absolute, which dissolves the marriage. It does not of itself resolve disputes about the marital finances or the children....

Did you know that if you die without leaving a Will your spouse may not be entitled to all of your estate?  This is a common misconception in the world of private client law. If you die without leaving a Will, special rules apply on how and who benefits from your assets, these rules are...

At times a parent with care of the child may stop the other parent from having contact with the child for no other reason than what he or she has already argued in the past and the other parent feels they now have to bring enforcement proceedings because of a breach of the order. In that situation...

Did you know that until 100 years ago, women were not allowed to practice law?  In fact in 1913 four women were actually stopped by the Law Society from sitting the Law Society examinations. When the women took the case to the Court of Appeal, the Court of Appeal upheld the Law...

The private client team is delighted to welcome new recruit Katie Nightingale on board. Katie joins Brindley Twist Tafft & James in the role of Private Client solicitor.  Having qualified in 2016, Katie previously worked at a law firm in Milton Keynes and Northamptonshire and...

The Corporate and Commercial department at Brindley Twist Tafft & James has once again appeared in the Legal 500 guide. The legal 500 is an independent directory and is seen as the leading guide to law firms and solicitors across the UK. Receiving a place is a big achievement and the...

This week Remember a Charity is celebrating their 10th annual Remember a Charity in your Will Week. This annual Awareness Week is an opportunity to promote the importance and understanding of leaving gifts to charities in Wills. Brindley Twist Tafft & James LLP are a great supporter of...

Are you being made redundant?  If so, you are entitled to notice of termination of employment and you may also have other rights. A redundancy occurs where there is: a closure of a particular site or office or a closure of the whole business or a reduced need for workers to do a particular...

Either you or your employer can start a discussion about the possibility of entering into a Settlement Agreement. Settlement Agreements are agreements which can be used to waive employment claims which you may have against your employer and are entered into between you and your employer. Usually...

Settlement Agreements are often offered by an employer to an employee, without any prior warning. If you are the employee in question, this can leave you wondering about the implications and your next steps. Settlement Agreements are agreements which can be used to waive employment claims which...

If you are suspended from work due to alleged disciplinary matters, it is naturally a concerning time for you. You will not usually be permitted to work or attend work premises, nor have contact with colleagues or customers which may make you feel isolated. You will probably not know, at least at...

Welcome to our Employment Law Update which provides an update on the following areas: Liability for employee actions – vicarious liability Gig economy Age discrimination Payslips Increases   Liability for employee actions Bellman v Northampton Recruitment Limited The Managing...

Coventry lawyer and Head of the Medical Negligence team at BTTJ, Tom Barnes, has been awarded membership of the AvMA (Action Against Medical Accidents) Specialist Clinical Negligence Panel for a further five years. Tom and his BTTJ medical negligence colleague Richard Stanford are the only AvMA...

Solicitors at law firm Brindley Twist Tafft & James in Coventry are urging people to check their eligibility for a lasting power of attorney (LPA) fee refund, after almost two million people were overcharged by the Office of the Public Guardian (OPG) between 2013 and 2017. Claimants can expect...

The United Kingdom is due to leave the European Union on 29 March 2019. With this in mind, businesses are urged to review their contractual documentation to ensure that they deal with the impact that Brexit-related events may have on the business-to-business supply of goods or services. This...

Here at Brindley Twist Tafft & James, we are able to represent parties in both Non-Molestation Order applications where somebody is applying to prevent the other person from abusing them (physical abuse, emotional, psychological, sexual and financial) and for Occupation Orders which prevent...

Often when a child is caught in between their parents’ acrimonious divorce or separation parental alienation may occur. This is when one parent deliberately turns a child against their ex-partner so that they eventually cut-off all contact with them and they state themselves that they do not want...

Brindley Twist Tafft & James has once again been recognised by the Legal 500 with both Corporate and Commercial and Clinical Negligence departments receiving recognition. The Legal 500 is an independent directory and is seen as the leading guide to law firms and solicitors across the UK. The...

In some instances some parents make a number of unfounded applications to the Court relating to residence or contact with their children and parents will contact me to ask if there is anything they can do to prevent this happening. There is an application a parent can make to the court to...

There is a need to reform divorce laws to enable parties to divorce on a no-fault basis. In the case of Owens vs Owens, the court ruled that the 68-year-old wife who had been in a loveless marriage for many, many years, must remain married to her husband despite wanting to divorce him based on his...

Coventry solicitor Richard Stanford has been awarded membership of the AvMA (Action Against Medical Accidents) Specialist Clinical Negligence Panel. Richard, a medical negligence specialist with BTTJ, had to meet a series of 50- plus stringent criteria before his appointment to the panel, looking...

Do you need help with constructive dismissal? Perhaps you feel bullied or forced out of your job? Constructive dismissal is where you have not been directly dismissed but where your contract of employment has been fundamentally breached by your employer and as a result, you resign. Some key...

Do you need help with a settlement agreement? Perhaps you have been asked to sign one because your employer wants to terminate your employment in exchange for a sum of money? Some things for you to consider are: Giving up employment claims Confidentiality References Requirement of...

Do you need to find out more about Disciplinary Proceedings and do you understand the process following allegations of misconduct or poor performance? The main steps of Disciplinary Proceedings could include: Investigation The invitation to the disciplinary hearing The disciplinary hearing...

Staff Christmas parties can be a great way to reward staff and boost morale but alcohol-induced behaviour can also land employers and employees in the Employment Tribunal. What might appear to be an employee having a bit of fun or a risqué joke, after a drink or four, could, in fact, give rise to...

On Wednesday 22 November 2017 Richard Stanford, of Brindley Twist Tafft & James, and Adam Weitzman QC concluded what is believed to be a unique case in Clinical Negligence. BG had filed a living will/advance directive in 2004 with her local hospital, essentially confirming she did not wish...

There has been a lot of press recently about Lasting Powers of Attorney (LPAs). First there was Denzil Lush, the former Senior Judge of the Court of Protection who, as was reported in the Financial Times, said that people should be far more aware of the risks involved in power of attorney...

Case: Dhaliwal v Hussain and another [2017] EWHC 2655 (Ch) (31 October 2017) (Bailii)   John Ward, Partner at Brindley Twist Tafft & James, has successfully represented a claimant in a reported Fraudulent Misrepresentation case. The case concerned the sale of a dental practice and...

I act for many clients who are disgruntled about the fact that the non-resident parent has failed to pay them child maintenance either on time or at all.  This can be extremely difficult for single parents who are struggling to meet the children’s needs.  Now the Department for Work and...

Welcome to our Autumn Employment Law Update which provides an update on the following areas: Suspension – is it a neutral act? Voluntary overtime and holiday pay Monitoring workers’ emails Suspension – is it a neutral act?  The High Court in Agoreyo v London Borough of Lambeth...

When the majority of people get around to making their Will consideration is routinely given to who they would want to inherit such assets as property, savings, shareholdings and personal belongings. In this day and age, however, when so much of our personal and professional lives play out online...

National Statistics show that small businesses accounted for 99.3% of all private sector businesses in the UK at the start of 2016, with small to medium sized enterprises accounting for at least 99% of the businesses in every main industry sector.   A recent report published by the Legal...

If you are a tenant and have received a Section 8 or Section 21 notice, it must be in the prescribed form and not simply via letter. If the notice is not in the format required then it is invalid and it is likely the landlord’s claim for possession will fail. It is therefore vital that you check...

A break clause is a provision in a lease which enables either the landlord or the tenant (or both) to end the lease early and is a useful tool to successfully bring a lease to end without needing to wait for the contractual term of the lease to expire. Landlords or Tenants (as the case may be)...

Brindley Twist Tafft & James has once again secured membership to the Law Society's Conveyancing Quality Scheme (CQS).  The firm first obtained accreditation in January 2012 and BTTJ underwent rigorous assessment by the Law Society in order to continue to hold CQS status. Law Society...

It is necessary for landlords to follow the correct procedure at the beginning of every tenancy, providing their tenants with a number of different documents and ensuring they have complied with the relevant legislation. Failure to comply with these requirements may have a significant impact on the...

If you are on sick leave, your employer is likely to keep your absence under review. Depending upon the length of your absence, you may find that your employer will consider terminating your employment on the grounds of your incapacity. If you have been continuously employed for two years or more,...

The question of redundancy pay entitlement can arise, particularly when the new premises are not within the immediate vicinity of the old place of work. Locally, we have the example of The Royal Institute of Chartered Surveyors (RICS) which is relocating from its Coventry premises to Birmingham...

Sending, or “serving” as it is formally called, a section 21 notice is only the first step to evicting a tenant after the end of a fixed term. After making sure you have served the correct notice (find out more here)  you must then wait the appropriate period of time before issuing the...

You know you need to evict your tenant and you know you need to send (formally referred to as “serve”) a notice but which one? There are essentially three types of notice: a section 8 notice, a section 21 notice, and a notice to quit. Which notice you will need depends on the type of agreement...

A lot of employment claims feature allegations of bullying and harassment. The terms “bullying” and “harassment” are often used interchangeably to describe behaviour which is intimidating, hostile or humiliating. Quite often with bullying, there will be an abuse of power; either because the...

A redundancy situation is where there is:  a business closure, a workplace closure or where there is a reduced need for workers to do a particular kind of work. If you are being made redundant, you are entitled to notice of termination of employment but what other rights do you have? If you have...

Settlement Agreements are agreements which can be used to waive employment claims which you may have against your employer. Usually this will involve the termination of your employment and a sum of money paid to you to settle your employment claims. In addition to written terms about the...

The Court of Appeal has upheld the decision of an Employment Tribunal that a plumber, was a worker and not self-employed. This case follows an ever growing line of cases where the Courts have decided that certain people in the “gig” economy are workers even if they file tax returns as being...

The case of Ms Thorp’s treatment in the workplace has been well publicised. Ms Thorp reported for her first day of work as a receptionist at a firm in the City, wearing smart flat shoes. She was informed by the agency which employed her that she needed to buy shoes with a heel between 2-4 inches...

It is never nice entering into a relationship thinking about what happens if it breaks down, but sometimes it makes sense to plan ahead. Unmarried couples have no rights against the other, so do not put yourself in a position where you could leave a relationship with nothing, when it could be...

It is usually fathers who ask me what their rights are after they leave the family home, and whether because they are not the main carer, does this mean they have no say on their children’s education. The  simple answer is no. Whether you are a child’s mother or father, if you have parental...

Welcome to our Winter Employment Law Update which provides an update on the following areas: Citysprint – bicycle couriers are workers Working Time – rest breaks Settlement agreements – mental capacity required Citysprint – bicycle couriers are workers Following in the trail of the...

When you are thinking of taking your children abroad, there is a lot to think about, especially when there are child arrangements in place. Determining who has parental responsibility is key. If both parents have parental responsibility, and there are no child arrangements orders or any...

We live in an age where you do not have to put up with anything now and why should you? Everyone has a say and although it can be difficult to discuss your personal life with a stranger, it may be the best thing you do.   There is a stereotype that wives only get abused at home, but this...

We have all been through a relationship breakdown. Initially you wonder if you can resolve any issues and try again, but it can be so difficult when the damage is already done. My clients often ask me whether they should attend counselling, separate or just apply for a divorce straightaway. It is...

You say tomayto, I say tomahto … but a solicitor and a barrister really aren't two words for the same thing. Nevertheless, I find that clients are often confused with the difference between barristers and solicitors and at what point they need the services of each. In brief, barristers only see...

Though it may be a myth that there are more relationship breakdowns over the festive period, I do find that I open more new files in January than at any other time of the year. On the approach to the festive season then, I hope this blog might offer some insight to couples who are...

What's the point of making a will if your loved ones don't know where to find it when you die?  In a recent survey, 67% of people did not know where to find their parents' wills.  Every firm I know holds wills of people who have died - wills that were never collected by the deceased person's...

Whilst office Christmas parties can be a great way to reward staff and boost morale, alcohol-induced behaviour can also land employers in the Employment Tribunal. What might appear to be an employee having a bit of fun or a risqué joke, after a drink or four, could, in fact, give rise to a claim...

Divorce is a legal process, which is carried out by the Family courts. The procedure begins with a divorce petition and ends with a decree absolute, which dissolves the marriage.   1) When can you issue a petition? You cannot issue a divorce petition unless you have been married for...

Welcome to our Employment Law Update which is the first bulletin by our new Employment Solicitor, Julia Woodhouse. We are delighted that Julia, who has a wealth of HR and Employment law experience, has joined Brindley Twist Tafft & James LLP. The Bulletin covers the following: Morrisons...

More emphasis is being put on what will happen to our digital assets after we die. How best can we secure passwords, music files and photo folders? Consideration is being given in the United States to making changes to existing laws on Wills to incorporate people's online lives.   Is...

National Minimum Wage ('NMW') has been in force since 1999 and it imposes a legal requirement upon employers to provide a minimum rate of pay. Presently this is set at £6.31 for people 21 and older, £5.03 for people aged 18-20, £3.72 for people aged 16-17, and £2.68 for apprentices aged under...

Additional Liabilities for Employers. Over the past 24 hours the media has been in frenzy over the issue of the calculation of Holiday Pay following the judgement handed down by the Employment Appeals Tribunal yesterday, 4 November 2014. The Judgement concerns a test case arising from on a...

The Association of Personal Injury Lawyers (APIL) has been fighting for the rights of injured people for over 25 years. A not-for-profit campaign organisation, APIL's member lawyers are dedicated to changing the law, protecting and enhancing access to justice and improving the services provided for...

If you already have a Will you'll be aware that it deals with your estate (your money, possessions and property) after you die. So having a Will should mean that your estate passes in accordance with your wishes and that it will be much easier for your family (or friends) to sort everything out....

It is now commonly understood and accepted that there is a ban on people within the UK smoking within public buildings, or within a set distance from their entrances. Failure to abide by this can lead to hefty fines being imposed upon the person breaching the rules and any organisation that does...

As we all now know, the UK made the momentous decision to leave the EU on 23 June. What does this mean for employment law in the UK? UK laws originating from the EU Much of UK employment law originates from EU law eg discrimination, certain family-friendly rights, working time, minimum holidays...

International Contact Dispute P (A Child) [2015] EWCA Civ 1428 (Court of Appeal) I represented father in this lengthy child care dispute surrounding his daughter, which eventually concluded in the Court of Appeal in late November 2015, and was recorded in the Law Reports this...

Cheryl Fernandez-Versini is worth around £20 million and yet she allegedly did not have a prenuptial agreement before marrying Jean-Bernard. Now she has issued divorce proceedings, she is going to really wish she had one in place. Prenuptial agreements can provide a measure of certainty and the...

If you already have a Will you'll be aware that it deals with your estate (your money, possessions and property) after you die. So having a Will should mean that your estate passes in accordance with your wishes and that it will be much easier for your family (or friends) to sort everything out....

Consumer law is changing as the new Consumer Rights Act comes into force from the 1st October 2015. The Consumer Rights Act 2015 will replace a number of laws with regard to business-to-consumer transactions, including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982,...

Holiday Pay: Recent Developments. In recent years there have been a series of developments in the calculation of Holiday Pay. Much of the confusion arises from the wording of the Working Time Regulations ('WTR'), and the reference to any payments during periods of annual leave being calculated...

When a claim is brought at court, the court will allocate it to one of three 'tracks'; the small claims track, the fast track and the multi-track. The small claims track is supposed to be a proportionate method of dealing with straightforward cases of limited value. As you will see, this does not...

Trusts are a way of looking after assets for people.   What is a trust? A trust is a legal arrangement where one or more 'trustees' are made legally responsible for holding assets. The assets - such as land, money, buildings, shares or even antiques - are placed in trust for the...

If you are a Landlord, one of the things you need to be very careful of is ensuring that, should you need to evict your tenant, you do so in the right way. This is because, under the Protection from Eviction Act 1977, failure to do so could result in your committing an offence and being liable to...

I Have Been Involved in a Road Accident with an Uninsured Driver. Can I Make a Claim Against Them? Yes, you can claim against the The Motor Insurers' Bureau (MIB). The MIB is funded through insurance premiums paid by insured motorists through a monthly levy on motor insurers. If you, the...

It sounds like the start of a joke, right?   For many employers getting to grips with what a fit note actually does is far from easy, and on face value they may think that such documents are in fact a joke; whilst some such notes simply say that the employee is unable to work, and are...

At BTTJ we assist many clients to purchase a property through an auction. There can be some pitfalls involved with buying at auction and so to avoid being "stung", please read our article on what to look out for.   1. Auctioneers If you have seen a property you like, contact the...

What is a Winding up Petition? A winding up petition can be brought by a creditor on the grounds that the company has become unable to pay its debts. It is also possible for the company's own directors and shareholders to issue a winding up petition and for other people such as the Secretary...

On the 6th April 2014, new rules came into force concerning a method of enforcement to recover rent arrears. Under the rules, rental arrears can be recovered by seizing tenant's goods and selling them for an equivalent value to the arrears. This new procedure, called the commercial rent arrears...

If you buy Solar Panels outright, you do benefit from free electricity and can sell the surplus to electricity suppliers under a Feed in Tariff however the initial outlay can be quite costly. What usually happens however is the solar panel provider takes a lease of your roof (usually for a 25...

Tension is building in the air, the athletes are ready to play and their fans are ready to shout and cheer them on to glory; The FIFA World Cup 2014, hosted by Brazil, is due to kick off an get into full swing on 12 June 2014. For many it's a time to kick back and enjoy the "beautiful...

The simple answer is "yes". Many people may not realise that they have a potential personal injury claim when bitten by someone else's dog in a public place.   Criminal proceedings are often brought by the police against the dog owner under Section 3(1) of the Dangerous Dogs Act 1991...

Whenever an employee finds their employment terminated, whether by reason of redundancy or under a compromise agreement there are taxation issues which arise. The Question is what is taxable? This brief article will focus only on the right to Notice and/or a 'Payment in lieu of notice'...

Step 1: Is there a genuine redundancy situation? Step 2: Consider pool(s) and selection criteria and list out any alternatives to Redundancy Step 3: If appropriate, notify the Secretary of State and begin collective consultation Step 4: First meeting: Pool of Employees Step 5: First...

Mortgage contracts contain a clause that provides that should a borrower fail to make their scheduled payments, the lender can take possession of the property. Once they have possession, a sale will follow to repay the outstanding mortgage and costs. If there is a surplus, that will be paid to the...

Alternative Dispute Resolution (ADR) is a broad term which covers methods of resolving disputes that do not involve going to court.   There are three commonly used methods; Negotiation Mediation Arbitration   Why use ADR; The Court generally encourages the use...

Firstly, what forms part of the contract of employment for a medical professional? Doctors generally will have: 1. Their written contracts of employment, and; 2. The policies and procedures of the Trust by which they are employed, and; 3. The MHPS Framework. Specialist Registrars may...

Enforceable or just a waste of paper? The general position in respect of any restriction on trade is that it will be unenforceable. However, in employment and commercial law, there is an exception to this rule. In certain circumstances clauses restricting a person's or a company's actions...

The Business Minister has announced a number of proposals designed to reduce the cost of insolvency procedures. Business Minister, Jenny Willott, has announced a number of measures designed to streamline and reduce the cost of insolvency procedures which could benefit creditors by £30 million a...

At BTTJ we assist many clients with transferring the legal ownership of their properties. There are many reasons why our clients wish to do this: Marriage When two people get married/cohabit and already own a property, they may wish for the property to be held in joint names ...

Divorce is a legal process, which is carried out by the Family courts. The procedure begins with a divorce petition and ends with a decree absolute, which dissolves the marriage. 1) When can you issue a petition? You cannot issue a divorce petition unless you have been married for more than one...

The government has made changes to personal injury claims as a result of the Legal Aid Sentencing and Punishment of Offenders Act (LASPO) which came into force on 1 April 2013.   Success fee The successful Claimant can no longer recover any success fee from the Defendant. Before the...

Brindley Twist Tafft and James hold a Legal Services Commission franchise which allows us to offer Legal Aid in appropriate circumstances to investigate matters of Clinical Negligence. Those circumstances include clients with very limited means who may not be able to have their treatment...

2013 is set to be a very busy year for litigators with a number changes being made to the civil claims process. Reforms coming into effect on 1 April 2013 as part of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) will change the way that solicitors can package finance for litigation...

As of April 2013, the availability of Legal Aid for family law matters has been significantly reduced. Unless you are unfortunate enough to be able to show that domestic violence has occurred, people who would have previously qualified for assistance will almost certainly no longer do...

For many employers there will be, on occasion, a question arise over what Holiday their employees and workers maybe entitled to during a period of sickness, or vice versa. So what are the Rules on Holiday and the inter-relation with Sick Leave?   Firstly, an employer must note that...

In the recent case of Lavin and others v Swindell [2012] EWHC 2398(Ch) (23 August 2012) the High Court has confirmed that pursuant to paragraph 55 of Schedule B1 to the Insolvency Act 1986 (the "Act") the Administrator has a duty to apply to the court for directions where the initial creditors'...

•1. Pull over where it is safe to do so and speak to all parties involved in the accident. You need to ascertain the following details( you are required to exchange details by law) : a. Name of third party/parties b. Address of thid party/parties c. Contact telephone numbers of third...

Increasingly, parties are choosing to act in person in civil proceedings. This is a trend that is likely to continue given impending legal aid cuts, due April 2013, and likely to expand exponentially should the Small Claims Track limit be increased to £10,000 or £15,000, as has been...

OCCUPIER’S LIABILITY I have just slipped on yoghurt in a supermarket and sustained serious injuries; can I make a claim against the supermarket? Yes you can. When you are on private property such as shops, restaurants, offices, parks, leisure facilities, public paths, schools and...

1. What is an order for sale? An Order for sale is a way to enforce a Charging Order. It is an order granting the chargeholder the right to take possession of the property and then to sell it in order to recover the monies secured by their charge. Order for sale proceedings are governed by Part...

The government finally succeeded last month in pushing through its proposals, despite encountering many setbacks from its original plan (including changing the name) to create "employee-shareholders". They are likely to come into force in September 2013   The Government has effectively...

Unreasonable delay by a Claimant in commencing proceedings was a 'relevant factor' in determining an application for permission to extend the time for service of Particulars of Claim, in the recent case of Venulum Property Investments Limited v Space Architecture Limited and Others [2013] EWHC 1242...

Employment Tribunal Statistics: What do they show us about the Employment Tribunals in England and Wales? The Employment Tribunal have published their statistics for the year 2012/13, and can be found here:...

I have been injured as a result of a collision with a third party vehicle who then left the scene. Can I claim for vehicle damage and personal injury? The Motor Insurers' Bureau (MIB) can deal with your claim under the 2003 Untraced Driver's Agreement (as amended). The claim must be brought...

On 27th November 2012 a new scheme for criminal injuries compensation in England, Scotland & Wales was introduced.   If you wish to pursue a claim for criminal injuries compensation, the claim will be processed via the new scheme. The new scheme will no longer provide any level of...

PENSION CHANGES FROM OCTOBER 2012. As the population in the UK continues to grow quickly and against a background of advances in technology, medical treatment and our lifestyles generally, we are all living longer. The effect is a growing aging population reliant in its retirement largely on an...

When unmarried couples involved in a long term relationship separate, one issue that may arise is that of property ownership. If the couple have bought a house together,to whom does it belong? Legally, if the house is in both parties' names, they both hold the legal title to it. The issue...

CHANGES IN EMPLOYMENT LAW: EFFECTIVE FROM APRIL 2012 As you will be aware, most employment law changes occur in either April or October each year, and this year is no different. Therefore in order to assist you in complying with the changes, they are set out below, together with details as to...

Being involved in litigation can be a daunting time for the parties. In this Guide we provide a general overview of the key stages that a typical civil case may go through from proceedings being commenced through to the case going to trial. Stage 1: Commencing a claim In most cases the...

Yes, if you have suffered an injury as a result of an accident at work you may be entitled to compensation. Understandably, you may be worried about losing your job or being treated differently as a result of bringing a claim. You may think that your employer cannot afford to pay you compensation...

I have tripped over an uneven paving slab and fallen onto my left side hurting my hip. Can I make a claim? Duty Under Section 41 Highways Act 1980 your local council have a duty to maintain the highways and keep them safe from any hazards that may cause a member of the public to trip or...

Question: I'm a tenant and I have just received an eviction notice from my Landlord's Bank (the "Bank"). My Landlord has not been paying the mortgage and now the Bank have obtained a possession order to repossess the property. What are my rights? Answer: The starting point is to check whether...

What is it? A transfer of undertakings occurs either where: a) a third party buys or acquires part of the a business, or b) there is a change in a provision of services and the business either: c) engages contractors to carry out the work, or part of the work, that it previously carried...

A competitor has recently started using a logo that is very similar to our business logo, without our consent. The logo is not registered as a design right. What can I do to protect my business and stop my competitor from continuing to use the logo? You may have a claim for passing off if...

Transfer of Undertakings: What is it and How Does it Affect Employees? What is it?   A transfer of undertakings occurs either where: a) a third party buys or acquires part of the a business, or b) there is a change in a provision of services and the business either: a....

As most Employers will be aware, when a woman goes off on maternity leave she is entitled to retain all of her normal contractual rights and benefits, save for her rate of remuneration. Instead of receiving her normal wages, she will receive a Statutory Maternity Payment, or an enhanced...

Many of you may remember that the recent Tory idea of being able to dismiss someone without any fault was mooted and dismissed by Parliament late last year. Against that background we now have Settlement Agreements, and ACAS has published its draft guidance on them; it is useful to consider what...

The recent case of BNY Corporate Trustee Services Ltd v Eurosail-UK* will be of interest to company directors, companies, financial institutions and insolvency practitioners as the Supreme Court provided guidance on how to apply the test for insolvency set out in s. 123(2) of the Insolvency Act...

Employment Tribunal Claims will almost certainly lead to parties being confronted with evidence and opinion which they do not like or agree with, and which has potential to cause significant offence. As the majority of claims occur following the termination of employment the practical effect of...

What is CICA? CICA is a government funded scheme which enables victims of crime to receive compensation for their injuries. You can also claim for loss of earnings if you have been off work for at least 6 months. Road traffic offences and damages for loss of property are excluded. The current...