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We regularly write about about issues, campaigns and local events that are important to our clients.
After all the furore in Parliament last year about leaving the EU and how this issue has since been overtaken in the media by the coronavirus pandemic, some people could be excused for thinking that our departure from the EU is complete. In fact we are now...
The British farming industry has proven its clout during the Covid-19 pandemic, not only as a producer of quality food, but also as a resilient, forward thinking sector which contributes significantly to the British economy. As farmers, in these...
A Lasting Power of Attorney allows you to appoint someone of your choice to look after your affairs if you lack the capacity to do so. Medical, care and financial institutions have all tightened up their procedures in recent years and often require evidence...
Redundancies normally occur as a result of a business needing to cut costs or restructure existing roles. However, before deciding whether or not to dismiss an employee on the grounds of redundancy, there are other ways that a business could reduce its costs...
The current financial uncertainty stemming from Covid-19 needs to be considered carefully by couples who are currently going through a divorce or are thinking about starting the process. It is important that you do not overlook pension assets because they...
A common assumption is that the law automatically ensures someone’s property and money passes, upon their death, to their ‘nearest and dearest’. There are legal rules in place to deal with situations where no will exists, known as the...
As the No Fault Divorce Bill has now passed the final stage and is expected to be implemented in Autumn 2021, it has subsequently brought with it a lot of curiosity from people who are questioning the extent of the impact this change in the law will have on...
Individuals contemplating any legal action or transaction think carefully about the solicitor that they are going to approach to deal with the matter. Most then remain happy with their choice of legal advisor and indeed may go back to instruct that solicitor...
This question has always existed but has been exacerbated by the travel restrictions and anxiety brought on by Covid-19. The law is actually very straightforward. If you have a residence or ‘lives with’ Court Order than you can usually...
None of us like to think about our eventual demise or about the practicalities if we become dependent on the care of others; that is perfectly understandable. However, as a solicitor who has advised many local individuals, couples and families, I can say...
The case of W v H will always hold a special place in my heart as the case that reaffirmed that family law was the area I wanted to specialise in and in particular, finances on divorce. I had the pleasure assisting with this case throughout the paralegal and...
The recent announcement of the Stamp Duty Land Tax (SDLT) holiday is a welcome discount to those looking to relocate. However, whilst a saving for many, there are bound to be some who lose out. The Chancellor’s announcement primarily benefits those...
Despite tumultuous world events, post-Brexit negotiations have been ploughing on, including those in the agricultural sector. In the background British farmers have continued to fight their corner, seeking to protect the industry from a drop in food...
In my 20 May blog post I looked at the options potentially available to commercial landlords when dealing with tenants who were already in default prior to the enforced closure of businesses brought about by Covid-19. In this post, I address two...
Have the redundancy rules been relaxed due to Covid-19? The short answer is no. Even though businesses are going through very difficult trading times, they must still comply with employment legislation when it comes to making redundancies. ...
With restaurants and cafes closed across the UK during the Covid-19 lockdown the dairy industry took an almost immediate ‘hit’ in sales and revenue, with the price per litre plummeting, milk uncollected and a significant drop in demand resulting...
Due to the coronavirus pandemic a lot of people are struggling financially. This is likely to be a result of their business having to stop trading or they, like many others, have been placed on furlough. As a result of this there has been an upsurge in...
While not at the forefront of the minds of most business owners in these difficult times, regulatory compliance provides a further challenge as businesses adapt their products and services, their methods of delivery and their working practices. With regards...
The ongoing problems faced by land owners in relation to hedges has been addressed by the Rural Payments Agency which has published new guidance titled 'How to Check and Change your Hedge Information' . The guidance reminds farms to check...
Well done to (the now streamlined...) Matt Rowley and his supporters for raising over £600 for The York Mind Coronavirus Appeal as part of his sponsored head shave, courtesy of his two sons. Donations are still coming in so if you would...
Recent emphasis in the media upon issues relating to mental health have highlighted for all of us, the pressures that we can encounter in modern life. Employers too are becoming increasingly aware that the stresses and strains of working life can be so...
Across the country, landowners have seen public rights of way used more than ever in the last couple of months due to the country’s population exercising from home and exploring their local areas because of the lockdown restrictions. Whilst some...
All our offices are open for pre-arranged appointments as well as for telephone or video meetings. Contact us as normal by phone or email and we will happily arrange a scheduled meeting to discuss your matter. Please bear in mind that, with...
The media has predicted that we will experience a rise in divorce cases following the restrictions of lockdown but are there any benefits to waiting for the restrictions to be lifted to start the process? Make early contact with a specialist lawyer The...
Currently you need to sign your Will in the presence of two independent witnesses. Obviously the pandemic has made it more difficult for people to comply with this and, as a result, there has been quite a lot of discussion amongst lawyers about...
The effect of Covid-19 is continuing to impact many businesses worldwide as they are unable to trade normally. The temporary closure of a large number of businesses in the UK has left many business owners wondering where they stand legally in respect of...
The current Covid-19 crisis has prompted some commercial tenants to request temporary variations to their rent. We have previously highlighted some of the options open to both commercial landlords and tenants in reaching a negotiated agreement . However,...
The Courts Service recently reported that probate applications have dropped by 50% during the current lockdown. Consequently there is concern that there will be a large upsurge in applications as lockdown starts to ease. This will almost inevitably...
Whether you engage in business-to-consumer or business-to-business transactions, a contract that is subsequently found to be legally invalid can be a financial disaster for your business. This poses the question: what makes a contract valid? In simple...
Q: How do current restrictions impact agreements concerning timescales for property transfers? A. If timescales required to achieve a transfer of property are underestimated, it could leave one party in breach of an Order. Whilst ordinarily...
The Government has confirmed that the job retention scheme has been extended until the end of October 2020. From 1st August, furloughed workers will be able to return to work on a part-time basis and the Government expects employers to pay a percentage of an...
According to a recent Home Office update, the new points-based immigration system due to take effect from January 2021 is not on the back-burner with the Covid-19 pandemic, but set to go ahead as planned. The new system will apply to EU and non-EU...
The government has confirmed that arrangements for children to move between the households of separated families is permitted. Parents are being asked to carry out a sensible assessment of the circumstances before deciding what the arrangements should be....
Behind the public spectacle of race meetings lies a very complex and inter-connected industry. We highlight some of the immediate challenges facing horse racing in our region and explain how timely legal advice may help ease a path back to more normal times....
There has been a lot of coverage in the business media about commercial tenants seeking to change the payment of rents under leases and of commercial landlords trying to ensure they are protecting anticipated income as much as possible. Obviously it tends to...
With the return of wet weather, we are likely to experience mud on roads as a by-product of normal farming operations. This is both unfortunate and inevitable as farm units have sought to catch up with necessary work after the very wet winter...
As people still get to grips with the ‘new normal’ of working from home, it isn’t really any different for solicitors, barristers and judges who are setting up domestic courtrooms in dining rooms and living rooms up and down the...
As an employer, you will have been focusing heavily on the financial and operational implications of the rapid lockdown. However, to stay ahead of the curve, you need to start thinking now about the many practical aspects of a potential relaxation in the...
Even prior to the arrival of Covid-19 in the UK, concerns were raised that the Agriculture Bill and the related Environment Bill did not strike the right balance between food security and environmental issues. Given recent market shocks, we examine whether...
The current Covid-19 situation is a troubling time for all, and those who might have considered embarking upon a claim arising from serious injury may feel tempted to postpone taking any action until things have settled. However, those who have already...
Q. Should we now get another house valuation for our divorce financial negotiations? A. If you are still negotiating your divorce financial settlement and you had your house valued before Covid-19 struck the UK, you may be wondering whether...
The Covid-19 lockdown has seen many small businesses rapidly adapt their business models to distance selling in order to continue to trade, adopting either a model of pre-ordering with collection or full delivery services. Orders can be provided...
Employment Law Update April 2020 We live in challenging times. The Government is taking steps to keep the economy going during the COVID-19/coronavirus pandemic. Legislation is being enacted in weeks rather than years; guidance is being communicated...
Q. Can we still reach a financial settlement in our divorce during lockdown? A. Whilst the coronavirus lockdown may have put a temporary pause on going out and about and enjoying life as we know it, not everything needs to be put on hold, including...
We are posting a series of articles providing practical answers to questions raised recently with us. One such question is whether you can and should recover debts from other businesses also affected by the coronavirus crisis. The answer is...
If you run a business, you will be having to respond on many different fronts to the challenges of the lockdown. But how do we respond to bad debt? The answer is be proactive, review your debtors, maintain your cash flow and, in doing so, give your...
Q. Can I apply for divorce whilst we are in lock down? A. We are receiving several enquiries from clients who have made the recent decision to divorce their spouse, either because they now have the time to do so or because being in the same house for...
The traditional view of ‘a contract’ tends to be that reams of paper with “wet ink” signatures, amongst other formalities, are required in order for the contract to be valid. However, this is far from the case as the courts have...
This is one of a series of blogs answering questions people have raised with us about practical issues in relation to the Covid-19 lockdown. Yes, it is perfectly possible to make or change your Will during the lockdown. It is all about putting practical...
Q I have moved in with my partner for the lockdown, what happens if things don’t work out? A. The deputy chief medical officer, Jenny Harries, has suggested that couples who do not live together should either stay apart during the Coronavirus...
Q. Can I reduce or miss periodical payments because my business is closed or because I have been furloughed? A. Unfortunately, we have seen some parties making unilateral decisions to reduce or miss periodical payments. These are payments ordered...
Q. Do I still need to meet Family Court deadlines whilst on lock down? A. As explained in our Q&A on 25 March 2020, the Courts are still open, with there being a clear expectation that court deadlines and hearings are still complied with as far as...
Q. Will my Hearing still take place whilst we are on lock down? A. Whilst the courts are inevitably facing new challenges due to Covid-19, it is important to still prepare for your hearing to take place, albeit not in the conventional way. Solicitors...
Q. Since the lock down effective 23.3.2020, can children still leave one house to see the other parent? A. Whilst advice is changing quickly, the current advice is that children can still move between houses and should still see both parents, where it...
Although farming families are often close-knit, the long-hours and pressures of running a business can take their toll, leading to relationship breakdown and divorce. The often complex nature of farming partnerships, land holdings and other business assets...
As a consequence of so many anticipated changes in the coming weeks and months, it is important for parents to consider the impact, if any, on Child Arrangements Orders and any informal arrangements. This is not only due to the likely extended...
If you are not married and buy a property with your partner, it is possible to set out how the money should be divided upon sale by entering into a Declaration of Trust. However, if you are married or go on to get married, the strength of that Trust is...
A divorce is the process of legally ending a marriage and therefore some documents need to be filed with the Court. This doesn’t necessarily mean that you will need to appear before a judge. Courts are used to resolve legal disputes and if you and...
When considering relocating your children, both an internal relocation (within England and Wales) and external relocation (from England and Wales to other parts of the UK) requires the consent of the other party. Internal relocation cases, just like...
The introduction of General Data Protection Regulation (GDPR) in 2018 saw many consumers anticipate a meaningful reduction in the spam hitting their email inbox. In parallel, many organisations radically reduced the size of their marketing databases as...
A consent order is the final document in your financial settlement which sets out how your property and money, including but not exclusive to, savings, investments and pensions will be divided. You can reach an agreement out-of-court with your spouse with...
When seeking a Financial Settlement integral to divorce, the first step is almost always for there to be an exchange of full and frank disclosure. The duty to disclose financial information remains open throughout the case and helps to ensure that both...
One of Yorkshire’s best-known agricultural solicitors has joined Harrowells Solicitors. Jenni Bartram, a long-standing member of the Agricultural Law Association and former president of the Yorkshire Law Society, joined Harrowells in February...
In many divorce cases, the family home is one of the most valuable assets a couple will have and is central to reaching a financial settlement. Depending upon how much equity there is in your house, the options are generally as follows: allow one person...
Raising a child in more than one country can trigger tricky legal issues, for both Royals and non-Royals, in the unhappy event of a future separation or divorce. As we all know, Meghan and Harry are currently finalising their personal and official...
Meeting with a family lawyer can be a daunting step to take, but knowing what the divorce process entails and how long it will take should help to ease any concerns you may have. Your solicitor will need your original marriage certificate (a certified...
On17th December 2019 the Information Commissioners Office (ICO) issued its first ever fine under GDPR, the General Data Protection Regulation - a huge £275,000 fine to London based pharmacy, Doorstep Dispensaree Ltd (Doorstep). In addition to the...
Whilst moving out of the marital home won’t affect your rights to the property, there can be reasons to stay put if it is safe to do so. The main reason to stay in the house, if you can, is to assist with a sale. If the house is to be sold, remaining...
Christmas can be a stressful time for families, financial pressures and trying to please everyone can take its toll. January is often said to be ‘divorce month’ for this reason, so what can you do to stop your marriage heading in...
Our office opening times will be as follows over the Christmas and New Year period: Monday 23 December - all offices open as normal Tuesday 24 December - all offices open until 12.30pm, with the exception of Pocklington office which is...
Unfortunately, it is a fact that Christmas can increase existing stresses and strains within relationships and, as a result, incidents of domestic abuse soar over this period. Domestic abuse can include mental abuse and controlling behaviours as well as...
At present, the only immediate facts upon which you can base a divorce in England, are adultery or unreasonable behaviour. Whilst these are commonly used to avoid waiting for 2 years to pass before divorcing, there is a common misconception that agreeing to...
The ‘common law’ myth There are lots of myths out there about co-habiting couples acquiring the same rights as married couples, once they have lived together for a certain period of time. Put simply, there is no law for the ‘nearly...
Equal opportunities legislation was introduced to provide a level playing field for everyone, so that every individual has the same opportunity for employment, training, pay and development as any other, irrespective of their...
A Staff Handbook is a written collection of an employer’s policies, procedures and practices which can cover a variety of topics including HR policies, employee code of conduct and operating rules. There is no legal requirement to have a Staff...
Key employees who work directly with clients and have access to confidential information can pose a risk to a business when they choose to leave. It is crucial that you do what you can to protect your interests. If not, departing employees...
One of the things that we are asked on a regular basis by people thinking of getting divorced is whether or not they have to ‘blame’ their spouse or civil partner for the reason for the relationship breakdown. I will not detail the facts that...
Agricultural Tenancy Reform We have been involved in a consultation with DEFRA in relation to a possible agricultural tenancy reform. The government has confirmed that it expects to publish its response to the consultation “later this year”....
It was announced that the Agricultural Bill was not scheduled to be debated during the final session of Parliament which had commenced on 9th September 2019. As everybody is now aware Parliament is currently prorogued until 14th October 2019....
Whilst most people are keen to seek the final decree in their divorce after what can be a long process, it is important to take legal advice and check your timing. If not, you risk financial detriment, despite all the effort and time which goes into your...
We are often approached by people who have been separated from their spouse for many years. If there are no children arising from the relationship, the parties often do not know where the other party lives. There are various options. If you have a current...
Depending upon the length of the marriage, and whether there is a Pre-Nuptial Agreement or not, all assets of the marriage are pooled and treated as joint assets. Money or property that you’ve inherited are not automatically excluded from the...
A Child Arrangements Order is an order made by the court stating where children will live and how and when they will spend time with each parent. If the terms of the Order are not being met, by one party or the other, there is...
Can I get remarried before my financial settlement is concluded? When going through divorce proceedings , it is vital to ensure that all financial matters have been fully resolved before considering remarriage. A great number of people are unaware that...
As many wait for Divorce Reform to come into play, we take a look at the current system, where there is in fact only one ground for divorce. This being the irretrievable breakdown of marriage . However, in order to demonstrate that your...
At the outset of divorce proceedings this is often one of the first questions asked. The divorce itself should be relatively straightforward if you have instructed a family solicitor to manage the process for you. The divorce process itself usually takes 6...
One of my recent cases threw up a multitude of legal issues in a single project. A long-standing farming client was buying 40 acres of ancient woodland dating from the 17th century and wanted to set up a shoot. This sounds straightforward, how complicated...
When you meet with your family solicitor , part of the process will be for you and your ex-partner to provide disclosure of all your financial affairs. As part of that process, you will also be asked to prepare a budget of your current outgoings and, based...
Myth: Can I divorce my spouse if they have committed adultery with a person of the same sex? Busted! It is not possible to issue a divorce petition citing adultery as the reason for the marriage breakdown if your spouse is having an affair with a...
If you are in the process of getting a divorce , it is vital that you think about changing or making a Will even during divorce proceedings This is because any existing Will you may have is unlikely to reflect your wishes during and after separation. ...
A separation agreement can be entered into by couples who are separating but who do not want to divorce or dissolve their civil partnership at that time. This can be for various reasons, including not being ready to take that step or for religious reasons....
During the divorce process , two Decrees will be received but they have very different meanings and effects. Decree Nisi is the first Decree that will be received, a few weeks after your Application for divorce has been issued by the Court....
Budgets can be tight when buying or selling residential property , so it can tempting to go for the cheapest quote when selecting your conveyancing service. However, as with so much in life, cutting corners can result in unexpected expense and hassle. In...
Partnerships are still by far the most popular business structure for farming businesses. Across North and East Yorkshire there are four times more farms operating as partnerships or sole traders than are incorporated as limited companies. However, as...
A parent who does not live with their child may be liable to pay child maintenance to the parent with primary care for the child until the child turns 18 or ceases full time secondary education. Child maintenance may,...
There are two types of maintenance. A parent who does not live with their child may be liable to pay child maintenance ; we explain that in more detail in our blog on how is child maintenance calculated? In this blog we focus on the other...
Quite understandably, when people visit a solicitor for the first time following the breakdown of their marriage, the issue of their income is often at the forefront of their mind. Maintenance is the term that is used when one spouse pays to...
When you get divorced you should also consider the financial claims that exist between you and your spouse. A divorce doesn’t mean that financial claims come to an end. Until a Court Order has been made, either providing for a financial settlement...
Apprentice jockeys are licenced riders aged between 16 and 25, working their way up to professional jockey status by riding with and competing against professional jockeys. They are employed by UK racehorse trainers throughout their apprenticeship. ...
Having previously only ever exited an airplane via the covered gangway at an airport, Jo Chesher is doing a very brave and bold thing this month; she is undertaking a sky dive from 10,000 feet in aid of the Alzheimer's Society. As part of her...
