| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Saturday, 31 May 2008kaslers logoFriday, 30 May 2008Bankruptcy Order
When a bankruptcy order is made, this has the effect of vesting all of the bankrupt's assets in his trustee in bankruptcy immediately upon the trustee's appointment taking effect, or in the case of the official receiver, on his becoming trustee
Meanwhile, the assets remain vested in the bankrupt However, the bankrupt has no standing to make an application for a stay of execution of a costs order against him pending an appeal. It is for a bankrupt's trustee in bankruptcy to decide whether to pursue an appeal. If he declines to do so, the bankrupt can challenge that decision under the Insolvency Act 1986 s.303 and the court has power to direct the trustee to conduct the appeal, or allow the bankrupt to do so in the name of the trustee, where security has been provided. Labels: Bankruptcy Order Assets Trustee Insolvency Appeal Thursday, 29 May 2008Insolvency and status of controlling shareholder
The Court of Appeal has now confirmed that a controlling shareholder can be an employee under s230 Employment Rights Act 1996
The Tribunal has to look at the dismissal date and decide whether the employment contract is a genuine one, as opposed to a sham, The question is usually relevant where the company is insolvent Labels: Insolvency status controlling shareholder Wednesday, 28 May 2008Dispute Resolution
A party who agrees to mediation but then takes an unreasonable position in the mediation is in the same position as a party who unreasonably refuses to mediate. Where the claimants win on liability and recover substantial damages, but the defendants succeeds in cutting down the sum award to a fraction of what was claimed, the claimants should not have the whole of the balance of their costs and something should be deducted to reflect the fact that they claimed so much more than they recovered
Labels: Dispute Resolution Tuesday, 27 May 2008Wills and Probate
Where there was an outside explanation and independent motive for the defendants mother having made him a gift of the proceeds of sale of her property, the claimant failed to establish any undue influence on the defendants part and he was under no duty to account to the claimant for the proceeds of sale
Labels: Wills Probate Monday, 26 May 2008Michelle Brennan Michelle is in our family department and advises on pre-nuptial agrements, divorce, arguments about money and children (whether the client is married or co-habiting) Labels: family divorce pre-nuptial agreement Michael Breeze Michael handles commercial and business work, such as the formation of companies, partenships and LLPs; the drafting of terms and conditions of business and commercial contracts; dealing with employment and all staff matters including contractual arguments / unfair dismissal applications Labels: business commercial Felicity Keeler Felicity handles all types of civil litigation from the relatively straightforward debt collecting matter to the large - say, dispute between partners or company directors that might occupy up to 3 weeks of the court's time if it is not settled before - by our efforts, mediation or other alternative dispute resolution Labels: civil litigation dispute argument Selwan Yousif Selwan deals with residential conveyancing - purchases sales and re-mortgages, freehold and leasehold Labels: conveyancing - purchases sales re-mortgages, freehold leasehold Vanessa Adamson-745492.jpg) Vanessa prepares will and deals with probate and succesion generally. She advises on Inheritance Tax, drafts Lasting Powers of Attorney and makes applications to the Court of Protection Labels: wills probate inheritance tax succession lasting power attorney Simon Scott Simon handles property work -both commercial and residential, freehold and leasehold, for dealing, investment or development Labels: property commercial residential Friday, 23 May 2008Contract land
The Law of Property (Miscellaneous Provisions) Act 1989 s2 requires a written document to incorporate all the terms that the parties have expressly agreed
Labels: contract land Thursday, 22 May 2008Wills: Lack of Capacity. Statutory Wills
The Court of Protection has the power to make a Will for a person who lacks the capacity to make one themselves. He or she doesn't even need to be present when the Will is signed in their name. Anyone for whom the person lacking capacity might have been expected to provide for in a Will can apply.
Labels: Wills Lack Capacity Statutory Wills Wednesday, 21 May 2008Bankruptcy petition: jurisdiction, Bankrupt abroad
A failing businessman fled to Spain before the issue of a bankruptcy petition on an unpaid business debt. Does the English Court have jurisdiction to deal with the petition even though the man was abroad? Yes, there is a deemed continuation of business until the debt is paid. This gives rise to a prima facie case that the debtor's centre of main interests is in England. This in turn gives jurisdiction to the English Courts.
Labels: Bankruptcy petition jurisdiction bankrupt abroad Tuesday, 20 May 2008Inheritance Tax, Spouse Exemption, Nil Rate Band
The press has recently covered the matter of the 2 elderly sisters in Wiltshire who tried to claim they should be entitled to the spouse/civil partner Inheritance Tax Exemption because they had lived together for so long. There are constant references to the survivor of them having to sell the house to pay the tax. Whilst, we can sympathise with them, there would be no need to sell. Inheritance Tax on real property ie land and houses is payable by instalments over 10 years. They could use an approved Equity Release Scheme to raise funds for each instalment.
Labels: Inheritance Tax Spouse Exemption Nil Rate Band Monday, 19 May 2008Disputed share and goodwill valuations
Sometimes it is better to seek to pay more tax to save tax in the future. The taxpayer wanted to value goodwill on injecting a business into a company at #1,000,000 but HMRC were prepared to agree #500,000.
A larger credit could be made to the Directors loan account at incorporation. Although CGT was payable on this additional #500,000 gain at 10 percent, the #500,000 credited to the loan account could be withdrawn tax free from the company rather than requiring a future dividend which would be taxed at the higher rate applicable to dividends. Tax saved is #75,000 Labels: Disputed share goodwill valuations Friday, 16 May 2008Access and Right of Way
A proposed unmanned code operated barrier controlling entry to a private estate can substantially interfere with the rights of occupiers of premises on the estate under a local Act as it would prevent or significantly impede several categories of the occupiers agents and licensees from going to or departing from their premises
Labels: Access Right of Way Thursday, 15 May 2008Inheritance Tax
The IHT standard threshold has been set at #312,000 for 2008:2009
Labels: Inheritance Tax Wednesday, 14 May 2008Tax: contract settlements
When settling a tax investigation the precise wording of the settlement will govern whether HMRC can still come after you in respect of other potential tax liabilities albeit in the years just settled.
Labels: Tax contract settlements Tuesday, 13 May 2008Lease service charges: information
Landlords of blocks of flats must supply Tenants with prescribed information on their legal rights, every time they demand service charge
Labels: Lease service charges information Monday, 12 May 2008Lease service charges: forfeiture
A Landlord must first obtain an admission from a tenant that services charges are agreed or an order of the LVT that they are reasonable before he can exercise rights of forfeiture and re entry for non payment
Labels: Lease service charges forfeiture Friday, 9 May 2008Lease service charges: supporting documentation
The tenant can demand a summary of service charges, see the receipts and further financial information and appoint an accountant or surveyor to conduct an audit
Labels: Lease service charges audit Thursday, 8 May 2008Lease service charges: trust
The landlord must hold service charges received in trust and put them into a bank account, separate form his own money
Labels: Lease service charges trust Wednesday, 7 May 2008Will this mean 'Money up front, please!'?
Proposals under the Tribunals Courts and Enforcement Act 2007 include
Licensing of debt advice companies who can then dictate to creditors how much they should write off and the period over which they must accept the balance by instalments Debt relief orders to wipe out debts of less than #15,000 without the need to go to Court A reduction in the ability of creditors to block Individual Voluntary Arrangements You or your clients should start thinking now about how much credit, if any, you will give clients / customers in the future Labels: Tribunals Courts Enforcement Act 2007 debt relief orders Individual Voluntary Arrangements Tuesday, 6 May 2008Lease service charges: demands
All demands must be in writing and contain Landlords name and an address in England and Wales. Until that has been done, the tenant is not obliged to pay
Labels: Lease service charges demands Friday, 2 May 2008Lease service charges: local authority grant
If Landlord receives any grant for doing work, he cannot charge the tenants again but must give credit to them against service charges
Labels: Lease service charges local authority grant Thursday, 1 May 2008Lease service charges: losing right to collect
A Landlord loses the right to recover service charges after 18 months, unless he serves notice that such charges have been incurred and that the Tenant will be expected to contribute
Labels: Lease service charges delay
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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
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