| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Friday, 29 February 2008Best endeavours
Best endeavours means to take all those steps in their power which are capable of producing the desired results, being steps which a prudent, determined and a reasonable person acting in his own interests and desiring to achieve that result, would take. It is not an absolute obligation, nor is it the next best thing to an absolute obligation or guarantee. There are repeated references to reasonableness e.g. it must at least be the doing of all that reasonable persons reasonably could do in the circumstances.
Labels: Best endeavours Thursday, 28 February 2008Libel: Internet
Defamatory comments on the internet are often anonymous, in which case an Internet Service Provider or website can be forced to reveal the identity of users who have posted such comments. There are three conditions that must be met before such an order can be made: a wrong must have been carried out, the order must be needed to enable action to be brought against the wrongdoer, the person against whom the order is sought must be mixed up in the wrongdoing so as to have facilitated it, and be likely to be able to provide the information to enable the ultimate wrongdoer to be sued.
Labels: Libel: Internet Wednesday, 27 February 2008Libel: Internet
The general rule is that an Internet Service Provider will not be liable for defamatory comments appearing on pages they host. There is a statutory defence under Electronic Commerce Regs 2002, but that defence will not be available if the ISP edited the comments, or had been told about them. Furthermore, the ISP could be liable if it failed to take reasonable care about publication. The logic behind this defence is that ISPs do not participate in the process of publication, but merely act as facilitators (in the same way that the Post Office is not liable when it delivers a letter containing a defamatory statement)
Labels: Libel Internet Tuesday, 26 February 2008Director: implied warranty
By signing a contract on behalf of a company, knowing that the company could not pay for the goods, a director can be held to have given an implied personal warranty.
Labels: Director implied warranty Monday, 25 February 2008Bankruptcy Clause contained in a Lease
Some old leases contain a bankruptcy clause. This allows the Freeholder to take back the property if the lessee becomes bankrupt. Of course lenders will never accept a lease with a bankruptcy clause as good security for their loan. It is also of course contrary to their instructions to solicitors contained in the CML handbook. Therefore a Deed of Variation will be required and some scrupulous landlords will demand a hefty fee to remove it.
Labels: Bankruptcy Clause Lease Deed of Variation CML Council of Mortgage Lenders Friday, 22 February 2008Matrimonial: prenuptial agreement
In considering a prenup, think about what jurisdictions might be involved on divorce: the countries of which the parties are nationals, the countries in which they live or might live in the foreseeable future and the countries in which they hold assets
Labels: Matrimonial prenuptial agreement Thursday, 21 February 2008Children: new passport rules
Young people aged 16 or 17 can apply for a passport without parental consent
Labels: Children new passport rules Wednesday, 20 February 2008Mortgage Fraud
The Law Society issued a newsletter to all firms in December 2007 reminding them to be on their guard against mortgage fraud. If the mortgage has been obtained by fraud, then completing a purchase using it is a principal money laundering offence. The court will consider a solicitor to have a high level of knowledge and education and will not be sympathetic to a plea of unwitting involvement, given the due diligence obligations of the profession. The obvious telltale signs are if the property has been owned for less than six months, if its value has significantly increased, is this a normal transaction for the client, is the mortgage for the full value or if the deposit is being paid by a third party and finally if there is a request to enter a price on the title greater than that being paid. All conveyancers should be on their guard.
Labels: Fraud Mortgage Laundering Due Diligence Tuesday, 19 February 2008Employment criteria for redundancy
An employer who has to select a member of staff for redundancy will usually use a matrix in which all members of the pool are assessed and scored by relevant criteria.
The Tribunal cannot substitute what it considers to be a fairer selection criteria, or to carry out an over minute analysis of the objective criteria selected by the employer. Labels: Employment criteria redundancy Monday, 18 February 2008CGT: main residence election
When you acquire a second property there may be an opportunity for you to make an election under s222 CGTA 1992, and you should take appropriate tax advice. You have only 2 years in which to act
Labels: CGT main residence election Friday, 15 February 2008Boundary: Highway
There are two presumptions about boundaries on highways:
If a highway is fenced on both sides, then the boundary of that highway will be presumed to extend up to both fences (or hedges). But, this only applies if it can be shown that the fences were erected (or hedges planted) to separate those plots from the highway. The boundary of land adjoining a highway is presumed to be a line drawn down the middle of the highway. But, this presumption only applies where the conveyancing history of the land and the road is unknown. The surface of the land on the highway will not normally be vested in the adjoining owner Labels: Boundary Highway Thursday, 14 February 2008Credit cards: overseas
Credit card issuers are liable for any misrepresentation or breach of contract by the person who supplies the goods or services (where the price is above #100 but no more than #30,000). This also applies to overseas purchases
Labels: Credit cards overseas Wednesday, 13 February 2008Lasting power of attorney: certificate provider
To create a valid LPA, at least one certificate provider must confirm that the donor has not been subject to undue influence or fraud. The certificate provider can be a person who has known the donor personally for two years or a professional person who falls within the following categories: a registered healthcare professional eg a GP, a registered social worker, an independent mental capacity advocate, others who self certify that they possess the relevant skills or a provider of reserved legal services ie barristers, solicitors or advocates called or admitted in the UK.
Who cannot provide a certificate? A member of the donors family, an attorney appointed by the donor in the LPA or an existing EPA, an owner director manager or employee of a care home where the donor lives, an employee of the trust corporation appointed as an attorney or a business partner or paid employee of the donor or attorney. Labels: Lasting power attorney certificate provider Tuesday, 12 February 2008Service charges: consultation
The consultation procedure is as follows: The first requirement is a notice of intention to carry out the works (specified information is required). There must be at least 30 days in which to comment, followed by a Notice of Proposals giving details of at least two quotes (once again, specified information is required. The lessees must then be given further 30 days in which to comment and inspect the documents. If the contract is not awarded to the lowest quote, or to a contractor nominated by a lessee, then notification must be sent to the lessees within 21 days of entering into the contract with details of the contract and certain other (specified) information.
Labels: Service Charges Monday, 11 February 2008Service charges: consultation
If the costs of the work are recoverable from the lessees through the service charge, then the consultation procedure must be followed. This assumes that the cost is #250 or more per lessee (if the contract is for more than 12 months, the minimum figure is #100 per service charge payer in any one accounting period)
Labels: Service Charges Friday, 8 February 2008Arrears of rent and distress: abolition
Distress has long been a useful common law remedy to recover rent arrears without going to court. Landlord (or a certified bailiff) enters the premises of a Tenant in arrears, seizes his goods to the value of the debt and then sells them to satisfy it. The right to distrain arises immediately upon the rent becoming payable and Landlord is not required to give Tenant any notice. But, distress is due for abolition. These days it is seen as being potentially inconsistent with Tenants human rights, and that, coupled with long standing disapproval of extra judicial remedies, has resulted in Tribunals, Courts and Enforcement Act 2007 which will abolish distress and replace it with a more limited statutory right of recovery called Commercial Rent Arrears Recovery (CRAR)
Labels: Arrears rent distress abolition Thursday, 7 February 2008Property restrictive covenant
The Lands Tribunal may modify or discharge a restrictive covenant. Generally, this will be because the covenant is obsolete, or impedes some reasonable use of the land. But, this can only be ordered if the covenant no longer secures any practical benefits of substantial value or advantage to the person with the benefit of the covenant, or is contrary to public interest.
Labels: Property Restrictive Covenant Wednesday, 6 February 2008Right to light
Rights of light are powerful rights. In a recent case the occupier of a flat succeeded in a right to light claim against a developer who had built a penthouse on a neighbouring building, even though the loss in value to the flat owner was only #5,500, the developer was ordered to knock down part of the penthouse (at a cost of #175,000)
Labels: Right Light Tuesday, 5 February 2008Boundaries: disputes
Boundary disputes can be particularly fraught. The value of the land will usually be minimal compared to the emotions stirred.
Boundary disputes will often, once you have removed the allegations of conduct and animosity, turn solely on the documents and the features on the ground Labels: Boundaries disputes Monday, 4 February 2008Empty property: relief
The Rating (Empty Properties) Act 2007 comes into force on 1 April 2008. Its main effect is to reduce the exemption from empty property rates. Currently, most empty business properties receive 100 per cent relief for the first three months of vacancy, and 50 per cent thereafter. Vacant industrial and listed buildings enjoy 100 per cent relief at all times. From April, there will be a three month rate free period for most non industrial businesses, and a six month rate free period for industrial properties (but fully occupied rates will then become payable).
Labels: Empty Property Relief Friday, 1 February 2008BPRA: new tax relief
Business Premises Renovation Allowance is a new tax relief, designed to encourage conversion and renovation of empty business properties within designated areas. The result is 100 per cent tax relief on qualifying capital expenditure on conversion or renovation (from 11 April 2007)
The overall aim is to bring derelict and other unused property back into business use. Labels: Business Premises Renovation Allowance
Subscribe to Posts [Atom] ArchivesCall Michael Breeze on 07900 195 195 or call 0845 270 2511 to
if you need legal advise about any of these issues
|
Members: Michael D Breeze LL.B (Hons.) and Simon McCree Scott LL.B (Hons.)
Tel: +44 (0) 845 270 2511 Fax: +44 (0) 845 270 2513 Mobile: 07 900 195 195 DX 92863 West Malling
Registered office and main trading address: Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU