| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Thursday, 31 July 2008Hearings: fees
The cost of litigating is going up. The fee is now #1,000 on the multi track, #500 on the fast track and #25-#300 on the small claims track
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Hearings fees Wednesday, 30 July 2008Small claims
A new small claims procedure will come into force in January 2009. It will apply to claims of no more than Euro 2,000 plus interest and costs. There is a standardised procedure and judgments should be recognised throughout the EC except Denmark
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: small claims Tuesday, 29 July 2008Planning: new standard form
You must now use the new Standard Planning Application Form (1APP) except for minerals.
The new form is available online at www.planningportal.gov.uk Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Planning new standard form Monday, 28 July 2008Planning temporary use: 28 days
The General Permitted Development Order 1995 allows you to use open land for up to 28 days in each calendar year on a temporary basis for some uses only, say as a car park, but not others. Quite handy if you are near a major sporting or entertainment venue !
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Planning temporary use Friday, 25 July 2008Residential leasehold enfranchisement: 80 year rule
Because of changes to the valuation calculation, make sure that you, if a lessee, serve on your landlord a claim to the freehold, or a claim to a lease extension as soon as possible but certainly before the lease has less than 80 years to run
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/ Labels: residential leasehold enfranchisement Thursday, 24 July 2008Commercial Rent Arrears Recovery
This can only be exercised on purely commercial premises ie the premises must not actually be used for residential purposes even in a minor way
Check that the lease should contain an express prohibition against residential use. Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Commercial Rent Arrears Recovery Wednesday, 23 July 2008Distress: mixed use premises
Commercial rent arrears recovery 'CRAR' replaces the old remedy of 'distress'
No longer can you rely on self help and the procedure for the recovery of rent arrears is now more involved. Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/ Labels: distress premises Tuesday, 22 July 2008Flooding: the common enemy defence or 'Over to you , chum'
An owner or occupier is entitled to use or develop his land so as to prevent flood waters coming onto his land.
If this means that some other land gets flooded, that does not provide a cause of action in nuisance. Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/ Labels: flooding Monday, 21 July 2008Phone masts
Think twice before allowing telecoms operators to erect mobile phone masts on your property.
You may find that the benefits of the rent received are outweighed by the potential curbs on the scope for long term development Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: phone masts Friday, 18 July 2008CGT: lettings exemption
If a person moves out of all or part of their main residence and lets it as residential accommodation, then an exemption of up to #40,000 may arise in respect of the gain attributable to the period of the letting.
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: CGT lettings exemption Thursday, 17 July 2008Second homes: CGT
The introduction of a flat rate 18% CGT down from 40% also affects the sale of second homes
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Second homes CGT Wednesday, 16 July 2008Alcohol Licensing: summary review
The police can now make an application to a licensing authority for the review of a licence, and ask for 'interim measures' to be taken, all without having to give notice of the application to the licence holder
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Licensing summary review Tuesday, 15 July 2008Unfair dismissal: avoiding the cap
There is no maximum compensatory award for unfair dismissal to an employee who can avoid that cap by: making a discrimination complaint; complaining that the dismissal was because of health and safety duties being carried out; or because he made a health and safety disclosure;
complaining that the dismissal was because of a public interest (whistle blowing) disclosure; suing in the civil courts for an alleged breach of the implied duty of trust and confidence which falls outside the dismissal process Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Unfair dismissal cap Monday, 14 July 2008Divorce ancillary relief: pre nuptial agreement
A pre nuptial agreement is not legally binding, but if both parties had given their free consent to the terms of contract and have been independently legally advised then the court will try to honour it.
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Divorce ancillary relief pre nuptial agreement Friday, 11 July 2008Unfair dismissal
The maximum compensatory award for unfair dismissal increases to #63,000
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Unfair dismissal Thursday, 10 July 2008Week's pay: #330
A week's pay is used for calculating unfair dismissal basic and additional awards, as well as redundancy payments, and the state's liability to insolvent employees.
This is the maximum figure that can be used Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Weeks pay Wednesday, 9 July 2008Age: compulsory retirement
Compulsory retirement at age 65 has to be objectively justified as a proportionate means of achieving a legitimate aim.
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 http://www.kentsolicitor.co.uk/ Labels: Age compulsory retirement Tuesday, 8 July 2008Sickness: right to holiday pay
If the employment is terminated, then the employee will be entitled to be paid money in lieu ie to cover holiday that has accrued but has not been taken during sick leave. It is not clear whether this would extend to untaken holiday carried forward from a previous year.
Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Sickness right holiday pay Monday, 7 July 2008Sickness: right to holiday pay
The Advocate General has ruled that sick staff will still accrue annual leave even though they are off sick.
They will be entitled to take holiday leave once they have returned to work, even if this means taking it in a subsequent holiday year Michael Breeze, Kaslers Solicitors LLP 07 900 195 195 www.kentsolicitor.co.uk Labels: Sickness right holiday pay Friday, 4 July 2008Redress for Complaints Against Estate Agents
From 1 October 2008, under the Consumers, Estate Agents and Redress (CEAR) Act, estate agents in the UK must belong to a redress scheme covering all complaints related to the buying and selling of residential property.
HIP related complaints will be also covered by the redress schemes Labels: Redress Complaints Estate Agents Thursday, 3 July 2008Signatures
In conveyancing, we as solicitors must (unless we personally know the signatory of a document) ask the signatory to provide evidence of identity which we must carefully check.
We check the signatory's identity against a passport or certain other documents Labels: Signatures Wednesday, 2 July 2008Workplace monitoring of communications
If there is no clear written policy communicated to staff, then it will be virtually impossible to enforce disciplinary proceedings
Labels: Workplace monitoring communications Tuesday, 1 July 2008Workplace monitoring of communications
Monitoring must be for a specified purpose (eg to establish facts necessary for the conduct of the business, to prevent or detect crime, or to detect unauthorised use)
Be ready to justify any monitoring carried out Labels: Workplace monitoring communications
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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
Registered office and main trading address: Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU