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Right of first refusal when landlord sells the freehold

Mark Ridley
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If you own a leasehold property and your landlord is thinking of selling the freehold, you may have the right of first refusal to purchase it. There are a number of advantages for leaseholders when they also own the freehold in their building, so purchasing...

What are your rights when your new home isn't up to scratch?

Mark Ridley
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Problems often arise with new build properties and it is standard practice to compile a list of snagging items that need dealing with when you move into your new home. But what happens when the problems are more serious? It is expected that there will a...

Enforcing restrictive covenants in respect of a property

Mark Ridley
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Many properties have restrictive covenants included in their title. These restrict what can be done at the property. If a restrictive covenant is breached, then it is open to the person with the benefit of the covenant to bring enforcement action.

Who is Trading Standards?

Mark Ridley
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The UK public, when encountering a commercial dispute, often think that Trading Standards will be a lifeline for their claim and make the process quicker and easier. But is this accurate and who are Trading Standards? In reality what can they do? Trading...

Gas safety and evictions: a welcomed decision for landlords

Danielle Dyer
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Landlords will be pleased to hear that not serving a gas safety certificate before a tenant goes into occupation at a property is no longer fatal to their chances of serving a valid section 21 notice to evict the tenant. The decision of Caridon Property...

What are your Rights as a Guarantor?

Mark Ridley
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Have you ever been asked to guarantee a loan so that your friend or someone in your family can borrow money? Or have you guaranteed a loan to help someone? It is not unusual for people to ask those close to them to do this and most will agree so that they...

Contracts v Coronavirus

Danielle Dyer
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The country and indeed most of the world, are locked down to help in the fight against Covid-19, as these unprecedented times have seen a suspension of our normal ways of life, business and trading.  As lawyers, we are being asked more and more: What...

Home Extensions and Conversions

Mark Ridley
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Home Extensions and Conversions – Avoiding the Nightmare Scenarios Moving house can be stressful, expensive, and difficult, particularly in a tough market.  Home renovation projects offer an alternative and they seem to be as popular as...

How do businesses or individuals get their money once they have a judgement

Danielle Dyer
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The overall objective of those who bring a money claim, is to recover their money from their opponent (‘the Defendant’), but unfortunately obtaining the judgment is only the first step to achieving this objective. If you successfully obtain...

Clarity when drafting is key - a lesson from the High Court

Danielle Dyer
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It is a business person’s nightmare when the contract they thought was sound and wind proof turns out to be open for interpretation. The High Court gives a stark reminder for the need for clarity when drafting. The recent case of Macquarie Capital...

The Tenant Fees Act 2019: New obligations on Landlords

Danielle Dyer
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On the 1 June 2019, the Tenant Fees Act 2019 (‘the Act’) came into force which heralded big changes for landlords and tenants in respect of payments that landlords (or letting agents) can charge to tenants and the treatment of a tenant’s...

Commercial & Employment Newsletter - June 2019

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Knowledge of disability at appeal stage should have been considered. Is there a right time to sell? Planning for retirement as a...

Are you bordering on resolution?

Mark Ridley
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Land borders have a rich but unfortunately volatile history. We might be tempted to think that we live in relatively peaceful times, and that could well be true, however, few would deny that landlocked nations defined by lines drawn on a map have...

Fitness for Human Habitation

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On 20 March 2019 the Homes (Fitness for Human Habitation) Act 2018 (“the Act”) came into force, which will affect all leases created after this date.  The Act amends the current fitness for human habitation requirement found in the...

Do I have a Lease, Licence or a Tenancy at Will?

Danielle Dyer
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There are certain ways in which a tenant may occupy a property; either by lease, licence or a tenancy at will. But how do you tell the difference and why does it matter how the property is occupied? This article provides an overview on the key features and...

Stamp Duty Land Tax (SDLT) Update

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On 1 March 2019 the deadline for filing Stamp Duty Land Tax returns and paying SDLT will be reduced from 30 days to 14 days following completion. Buyers and tenants will therefore need to ensure that they are able to meet this tighter deadline to avoid...

Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC

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Attention all landlords! How to make your Commercial Property work for you in 2019: an ABC For landlords, the greatest priority in the short term is likely to be maximising returns. However, with Brexit looming and the risk of uncertain markets, it is worth...

Landlord's Intention Under Ground (f)

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Section 30(1)(f) (Ground (f)) of the Landlord and Tenant Act 1954 (LTA 1954) states that the landlord can oppose a lease renewal if: "... on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised...

Commercial & Employment Newsletter - January 2019

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: It's not all about the 'B" word - Employment law changes in 2019 Even the coldest of winters cannot freeze the desire...

How do I forfeit a Commercial Lease?

Danielle Dyer
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If a tenant is in breach of a commercial Lease and you no longer wish for the Lease to continue, one option that you have as a Landlord is to forfeit the Lease. This article provides you with an overview of how a Landlord can forfeit a commercial Lease....

Commercial and Employment Newsletter - November 2018

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We recently circulated our Commercial and Employment Newsletter, containing the following articles and updates: Who can be liable for dismissing a whistleblower? Is your property fit for a visit from Father Christmas? New Rules for influencers...

Commercial and Employment Update

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We recently circulated our Commercial and Employment Update containing the following articles and news: What you don't know can't hurt you? The employment tribunal thinks otherwise Why bother with a shareholders' agreement? Was...

Limited Discretion to Depart from Part 36 costs convention

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Recently in the case of Tuson v Murphy, the Court of Appeal overturned the decision of the High Court which had ordered that the Claimant should pay legal costs going back a previous year and a half, to when she purportedly began to mislead the Defendant...

Bridging the Gaps in Commercial Contracts

Mark Ridley
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A contract is an agreement which the law considers to be enforceable.  It can be made up of express terms (terms that are stated orally or in writing) and terms which may never have been stated but can be deemed to be implied. A party to a contract may...

Don't Tweet and Drive

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Most people are fully aware that as a driver of a vehicle we are not permissible to use a mobile phone whilst driving.  However, most people are not aware that it would be an offence to supervise a holder of a provisional licence whilst using a...

Precedent S - Electronic Bill of Costs - Legal Update

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Since 6 April 2018, it has been mandatory for the new Electronic Bill of Costs (Precedent S) to be used for all Part 7 Multi Track matters in respect of costs incurred after this date, which replaces the traditional paper bill of costs. The electronic bill...

Further Blow to Litigants in Person

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The High Court has delivered a firm reminder to litigants in person (persons without legal representation) that the law will not be moulded for their convenience.  In the recent decision of  Reynard - v- Fox , Mr Reynard, a litigant in person,...

A warning for would be litigants in person

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Following the Supreme Court ruling in the case of Barton v Wright Hassall , it is evident it is important to obtain legal representation.  In this case Mr Barton, a litigant in person, failed to seek confirmation that the Defendant’s Solicitor...

Zero Points for Hindsight: ending a contract the right way

Mark Ridley
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Choose your words carefully.  That was the message from the High Court recently in the high-profile case of Phones 4u Ltd (In Administration) v EE Ltd .  The court ruled that EE were not allowed to claim damages arising from alleged breaches of...

In the Line of Fire: Non-Party Costs Orders and Group Companies

Mark Ridley
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Have you considered liability for costs? Any person or company pursuing or defending a claim in litigation, must consider costs.  Not just their own, but also the costs of their opponent.  This is because courts can require one party to pay...

Is mediation a mandatory requirement in civil legal proceedings?

Mark Ridley
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All business owners would agree that court trials can be expensive.  The costs are inflicted not just on the parties in dispute, but also on the court system, which, being part of the public sector, does not have endless resources to indulge...

Thanks from Guatemala

Gemma McBride
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We are delighted to have received the photo below as a thanks from  Education for the Children Foundation  ​ (an international non-governmental organisation), following our recent instruction assisting the beneficiaries of the School of...

Winner of Professional Negligence Lawyer of the Year UK

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We are pleased to announce that our Managing Partner, Amanda Glover has been awarded Professional Negligence Lawyer of the Year UK in the Finance Monthly Global Awards 2017. The Finance Monthly Global Awards recognise and celebrate companies and individuals...

Are Judges' handwritten notes disclosable?

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It is common knowledge that on conclusion of a Court or Tribunal case Judges normally provide written Judgments. For the first time, the Ministry of Justice (MOJ) has disclosed the handwritten notes made by a Judge during legal proceedings under the Data...

Women in Law 2017 Award

Gemma McBride
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BakerLaw are delighted to announce that their Managing Partner, Amanda Glover has been noted in the field of professional negligence by Lawyer Monthly with a Women in Law 2017 Award in recognition of her outstanding legal expertise and contribution within...

BakerLaw LLP announced as winners!

Gemma McBride
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Amanda Glover, Managing Partner is delighted to announce that BakerLaw have been recognised and have been awarded in 2 categories by Acquisition International Global Media and a further category by Wealth and Finance International. BakerLaw is proud of...

How safe are your Will wishes?

Amy Nelson
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You may have seen in the press that there has been a dispute which has spanned many years upon a person's right to vary a will. The case involves the daughter of the deceased on benefits where her mother had been adamant that she did not want her...

Certainty Provided for Consumers

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Today the introduction of the Consumer Rights Act 2015 has provided certainty for consumers.    This Act replaces many of the consumer laws that were previously in place, as previously consumers were entitled to refunds for a reasonable time if...

Farewell Tax Disc

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After 93 years in existence the time has come to bid farewell to the paper tax disc which has taken pride of place in the left hand corner of all road worthy vehicles. From 1st October 2014 the Driver and Vehicle Licensing Agency (DVLA) will no longer issue...

Court Fees increase: How will it affect you?

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The Government is implementing a new fee structure for the English civil court system which will come into effect on 22 nd April 2014. Although some fees are remaining the same, being reduced or withdrawn the reforms will see some stark increases to a...

Serious Personal Injury & Clinical Negligence Solicitors: What are they not telling you?

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The importance of instructing the right solicitor to handle your clinical negligence or serious personal injury claim cannot be underestimated. The public's knowledge of the possibility of compensation following a serious accident or medical negligence...