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Welcome to the Metcalfes blog, where you can keep up-to-date with the latest news and views on the law.

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Iysha Clarke
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In April this year the Equality Act 2010 (Gender Pay Gap Information) Regulations came into force, which promises to reveal some interesting truths about the differences in pay between men and women. The regulations apply to organisations that have at least...
David Boniface
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The Government has announced a crackdown on unfair and unreasonable abusive practices carried out by some developers. There has been a practice over the last few years where new build houses are sold on a leasehold basis, rather than freehold.  If you...
David Boniface
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The Supreme Court has today (26 July 2017) ruled that the Government acted unlawfully when they introduced fees to bring claims in the Employment Tribunal. These fees could be as much as £1,200, and have acted as a massive disincentive to those...
Helen Calcutt TEP
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Ask most of your non-lawyer friends whether they think lawyers are overpriced and overpaid and I expect the answer will be in the affirmative along with a good joke about how dodgy they are.  Sound familiar?  But is it fair? The Cost For a...
Nikki Green
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Personal injury claims are a confusing and daunting experience for anyone to have to deal with. Having had an accident or suffered an injury as a result of someone else’s negligence, the last thing you need is to be stuck with legal representation...
Sophie Hall
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The Office of the Public Guardian (OPG) has announced that as of the 1 st April 2017 the fees to register a Lasting Power of Attorney (LPA) will be reduced from £110 to £82 respectively. The OPG has explained that the reduction in the fees...
Iysha Clarke
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Tax to be paid on a Death Estate When someone passes away it is an emotional and unsettling time, which can be made more difficult by the responsibility of dealing with the deceased’s estate. One of the aspects of dealing with an estate that must be...
David Boniface
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What is the Discount Rate? You may have seen in the news that the Justice Secretary, Liz Truss, has changed something called the “discount rate”.  This applies in a personal injury case where there is any claim for future loss, for...
Helen Calcutt TEP
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It has been in the pipeline for a while now but the Government has finally published its response to the consultation on the proposals to change fees for Grants of Probate.

Sophie Hall
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Sophie Hall, a solicitor within our Private Client team, briefly outlines the points you should consider when making a gift.

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An analysis of the decision in Wilby v Rigby 2015 The background to the above case was that in her Will Mrs Rigby appointed her 2 children, Mrs Wilby and Mr Rigby as her executors and divided her estate equally between them.  Unfortunately Mrs Wilby...
Leigh McDonough
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Inheritance tax (IHT) is paid if a person’s estate (their money, property and personal possessions) is worth more than the IHT threshold (otherwise known as the nil rate band threshold) when they die and their estate does not go to a spouse or charity....
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The recent Court of Appeal Judgment in Globe Motors Inc v TRW Lucas Varity Electric Steering Ltd , redefines the continuing obligations between contracting parties reducing the enforceability of anti-oral variation clauses. To put it simply, when two or...
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Dr Eva Carneiro, the former first team doctor of Chelsea has settled her dismissal claim against the club and Jose Mourinho at an employment tribunal in London. On the opening day of the Premier League season, Dr Carneiro became drawn into a very public...
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Uber has agreed to pay up to £70 million to settle a claim brought by their drivers in the United States over whether they ought to be classified as employees or independent contractors. The taxi drivers brought a group action, demanding to be...
Sophie Hall
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There are many common misconceptions in relation to what Probate is and when it is required.  For example, many people think that if there is a Will, Probate is not required or that Probate is only needed when the estate is not passing to a surviving...
Tony Forster
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The following checklist provides helpful advice on the points you need to consider when setting up a distributorship: 1. Names and addresses of the parties including registration number and place of incorporation of any company. Check the legal good...
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Now that it's December, the colder weather has arrived and the festive season is underway, meaning one thing – Christmas is on the way! I am sure that most women will agree that a manicure and pedicure is an absolute must prior...
Sophie Hall
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In April 2015, phase one of the Care Act 2014 came into force which includes the ability to defer selling your home to pay for care fees until after your death.  The Care Act has been widely publicised as it brings about the most important changes to...
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The seasons are noticeably changing. Every morning when I wake up it is dark and the evenings are now drawing in. For the majority of the work force, this means we are commuting in the dark, or twilight. School children are making their way to and...
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The Court of Appeal decision in the case of Ilott v Mitson (2015) received a considerable amount of media coverage earlier this year. On the face of it, this Court ruling makes it easier for adult children to challenge a will if they don’t believe their parents have made a reasonable provision for them.

 

David Baynton
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To what extent can a human resources department influence disciplinary investigations? David Baynton from our employment law team considers a recent Employment Tribunal case.

Helen Calcutt TEP
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From 17th August 2015 major changes were introduced in the way that EU countries deal with succession and if you have any connection with another EU country, you need to be aware of them.

 

Rachel Eyers
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There have been many reports in the media about how long it can take for an ambulance to reach a patient, particularly during busy times when there are only a limited number of ambulances available. In May 2015, 543,854 calls to 999 were made requesting an...
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The practical amongst us will already have a will in place, but what you might not have taken into account is how you gift your digital assets. Nowadays, with technology playing such a big part in our lives, careful thought should be given as to how and indeed what, if any, of our digital assets can be inherited by our family and friends.

 

Helen Calcutt TEP
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The Conservative government’s new £1million Inheritance Tax (IHT) allowance has been making the headlines, but many are still confused about how it will work and whether it will benefit them. This article will set out the new rules, as well...
Tony Forster
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We are all told the upturn in the economy, which follows a recession, is the time of opportunity. Do remember though, it can also be a time of risk.

Sophie Hall
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The new government-backed 'Choice Not Chance' campaign encourages us all to consider our wishes and plan for the future. Planning for the future not only brings peace of mind to the individual, but to their loved ones too.

 

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The general rule is that in order to qualify for business property relief (BPR) you must own the business or asset for at least two years. You can obtain 100 per cent business relief on: A business or interest in a business; Shares in an unlisted company....
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Mesothelioma is a form of lung cancer that is caused by breathing in asbestos dust, often decades ago and is fatal in all cases. By the time it is diagnosed, the disease is often very advanced and survival rates are poor. The effects of the disease on...
Natasha Bliss
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Entrepreneur and handbag designer, Charlotte Jamme, has been allowed to use her company name after a dramatic U-turn by the owners of the UK subsidiary Thomson Holidays, TUI AG. Charlotte created her business Mia Tui, Vietnamese for “my bags” in...
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The Enterprise and Regulatory Reform Act 2013 was drafted with the Government aim of cutting health and safety “red tape”. Various parts of this in relation to workplace claims are now in force. Before that, came media comment on how this...
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According to home.co.uk , home owners in Bristol have seen the values of their home rise by 11 per cent in the past year. Since the recession, the popularity of equity release has soared, perhaps partly buoyed by the extra value people have in their homes....
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As the leaves change colour and fall to the ground, we start to see the nights draw in and for some, we leave the house in darkness and return in darkness. Everyone is affected by the change in light and everyone consequently needs to be seen when out and...
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According to the 2011 census there are approximately 1.5 million privately owned flats let on long leases in England and Wales. If you own one of them, whether you occupy it yourself or let it out, you could save yourself thousands of pounds and a lot...
Julia Smart
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On 22 October the law changed to help children whose parents are separating to be the focus of new arrangements. Separation and divorce is a difficult time for the whole family, but from now on, families will be helped to find the best way to get through this transition ensuring that their children are protected from conflict and are allowed to enjoy their childhood.

Helen Calcutt TEP
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The government recently announced changes to the intestacy rules in an effort to simplify current laws surrounding the inheritance process when a person dies without a will in place. If you have a will, you can decide what happens to your money, property...
Helen Calcutt TEP
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It is difficult to think about making a plan for when the inevitable takes place. Death is something that a lot of us would prefer to not think about, but none of us want to make things problematic for our loved ones either. It is estimated that 30 million...
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THE DANGERS OF MMA IN NAIL TREATMENTS Are you putting your health at risk for a set of cheap nails? We explain the dangers of the chemical ‘MMA’ being used in some nail bars... Most towns and cities have cheaper nail salons,...
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WHAT TO DO WHEN AN EAR PIERCING GOES WRONG Most usual ear piercing at salons is carried out using a piercing gun. The most common is the 'Caflon' gun, which salons can purchase, together with sealed packs of equipment and hypoallergenic ear...
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COMPLEX REGIONAL PAIN SYNDROME IN THE NEWS Danielle Brown, the double Paralympic archery gold medallist, was unsuccessful in reversing her ban from participating at future Games. Brown suffers from complex regional pain syndrome, which causes chronic...
Tony Forster
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New Consumer Contracts Regulations will come into effect on 13 June 2014 and will apply to all business to consumer contracts which are distance, off-premises and on-premises contracts, made on or after the enforcement date.

Tony Forster
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Family businesses are an important part of Metcalfes' client base. There are many questions that family businesses need to consider – some are the same as non-family businesses, but many are particular to families.

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The recent case of in the matter of Stephen John Edmondson sub nom (1) Simon Robert Thomas (2) Nicholas O’Reilly (Joint Trustees in Bankruptcy of Stephen John Edmondson) -v- Stephen John Edmondson (2014) [2014] EWHC 1494 (Ch) makes the point that the Court has jurisdiction to grant an Income Payments Order (“IPO”) even when there has been an Income Payments Agreement (“IPA”) in place.

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In a recent case, the unhappy members of an LLP in administration attempted to allege fraud by the administrators of the LLP and asked the Court to examine their conduct, with a view to obtaining an order that their fees be repaid to the LLP. The attempt failed on both counts.

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To mark Allergy Awareness Week, we examine potential claims for damages, following very severe allergic reactions to hair dye, which have required hospital treatment.

Helen Calcutt TEP
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A woman who sold her incapacitated mother's house without legal authority and bought a smaller home for her in her own name has been landed with a big legal costs bill.

Julia Smart
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The inevitable decline of any support for families undergoing separations or difficulties is continuing apace. The courts are inundated with litigants in person who are faced with representing themselves with little or no understanding of the law that they are hoping to invoke.

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During the colder winter months, our children dress in an array of coats, snow suits, fleeces and rather stylish ponchos and it can become a habit to place them in the car seat with these added layers without a second thought. However, such a decision should not be taken lightly.

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