www.mplaw.co.uk - blog

SKELETONS IN YOUR NEW CLOSET?

2012-01-26T07:35:00.000-08:00

It has been reported recently in the national press that a number of strange items have been left behind by Sellers on completion. The list includes photographs, underwear, a bondage suit, boxes of bones, a sword and even the family cat!

If you discover items at your new home which have clearly been forgotten rather than deliberately abandoned, you must attempt to return the belongings to their rightful owner.

What is reasonable will vary from case to case. If you are forced to dispose of the items then you should retain the proceeds for a period (though you can charge the cost of disposal to the Sellers).

When you are buying a property, you should check the Fittings and Contents Form as soon as this is available to ensure that all items you are expecting will be left at the property. Conversely, you should check that no items will be left at the property that you do not require. On the day you move in you should report any inconsistencies to your Solicitors. For further advice contact our expert Residential Property team on 01708 784000.

Care Home Funding Confusion

2012-01-20T07:18:00.000-08:00

The Society of Trust and Estate Practitioners (STEP) is calling on the UK government to clarify the legal and practical uncertainties around care home funding in order to put an end to the postcode lottery created by the current system.

STEP Worldwide Chairman, Michael Young, outlined the problems with the current system and the resulting uncertainty faced by families and those that advise them. “We have a current legislative framework which few support, not least because it creates a postcode lottery based on the attitudes of local authorities. Surely it should not be possible for local authorities to pick and choose what legislation they will enforce and what they will ignore.”

For advice from Mullis & Peake LLP on residential or nursing care funding please contact Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

AST; Tenancy Deposit Scheme's- The Landlord's Obligations

2012-01-19T08:39:00.000-08:00

Since the 6 April 2007 if you take a deposit from your tenant on an Assured Shorthold Tenancy agreement in England and Wales, you must protect that deposit with an authorised tenancy deposit protection scheme, within 14 days of receiving it. The legislation was introduced to help ensure that tenants are able to recover their deposit at the end of their tenancy if they comply with the terms of their tenancy agreement.

At the end of the tenancy if the terms have been broken the landlord and the tenant have the opportunity to discuss the return of the deposit and any deductions from it. The tenant can raise a dispute to reclaim the deposit amount if they are unhappy with the amount the Landlord wishes to withhold. The Landlord must provide evidence to prove their entitlement to the deducted deposit amount

Failure to protect a deposit can result in the following penalties should the tenant decide to take action:

The Landlord will be unable to obtain a Court Order to regain possession of the property (under Section 21 of the Housing Act 1988) unless and until the deposit is protected.
The Landlord will be required to either return the deposit to your tenant or to lodge the full amount with the authorised custodial tenancy deposit scheme.
The Landlord may be instructed to pay the tenant compensation equal to three times the amount of the deposit within 14 days of a Court Order.

Prescribed Information

The Landlord must also provide the tenant with key information relating to the deposit protection, called the Prescribed Information. This includes details about the scheme used to protect the deposit, instructions about disputes and key contact information. You must provide all this information to your tenant within 14 days of receiving the deposit from your tenant.

If you are a landlord with a tenant that has failed to pay their rent or comply with the terms of their lease or if you wish to take possession of your property, then please contact Holly Nichols on 01708 784066 or James Sherratt on 01708 784053 to discuss your options.

Workplace Accidents in Havering; The Statistics

2012-01-13T06:31:00.000-08:00

As reported in the Romford Recorder, almost 300 people were injured in workplace accidents in Havering last year. This is a rise of 7% from the previous year.

The figures from the Health and Safety Executive advise that 69 of the 297 people injured in Havering were seriously injured, but there were no deaths.

Nationally the highest risk industries are Construction, Agriculture and Waste and Recycling with a number of deaths occurring in all.

The HSE is calling for better safety and is reminding employers that they have a legal responsibility to ensure lives are not at risk.

If you have suffered injury as a result of an accident at work then please contact Martyn Trenerry on 01708 784042 to discuss the possibility of bringing a claim.

£6.5 million Compensation Payment for Brain Damaged Teenager

2012-01-13T06:29:00.000-08:00

Barking, Havering and Redbridge NHS trust has agreed a settlement of £6.5 million to a teenager who suffered brain damage as a result of medical staff at Harold Wood Hospital failing to act upon his dangerously low blood sugar levels.

Ewan Walker was sent home too soon from hospital after being delivered despite there being signs that his blood sugar levels were too low. A community midwife later spotted the seriousness of his condition and he was rushed back to hospital.

The avoidable delay in his treatment left Ewan with irreversible brain damage, impaired vision and learning difficulties. Expert evidence concluded that if his blood test results had been acted upon before he was discharged his injuries could have been avoided.

In the majority of cases, medical professionals carry out their work to a high standard - however, sometimes mistakes do happen and patients can suffer as a result.

If someone feels they have incurred an injury due to the actions (or lack of actions) of a doctor, nurse, surgeon or dentist, or an anaesthetist then they may be liable to make a medical negligence claim (also known as a 'clinical negligence claim').

If this has happened to you or a loved one, we can help to ensure you get the best possible advice and the compensation you are entitled to.

FIRST TIME BUYER FRENZY

2012-01-12T23:44:00.000-08:00

The stamp duty land tax relief for first time buyers comes to an end on the 25th March 2012 unless extended by the Government in the interim. In order to claim this relief you must complete i.e. move by this date. If you are considering buying your first home, and the value will be between £125,00 and £250,000, then now is a good time to buy!

When you instruct your Solicitor to act, you must make sure that he or she is aware of your eligibility for the relief so that he or she can ensure that the above deadline is adhered to. As we are Residential Property experts and quite using to working to tight deadlines, instruct us now to ensure that you take advantage of this. Please contact Ashely Avis, Claire Savill, Caroline Brooks or Deborah Marsh on 01708 784000.

Dangers of unregulated will writers

2012-01-12T02:44:00.000-08:00

Last night BBC's The One Show featured a report by Dominic Littlewood on the dangers of using an unregulated will writer to draft a will for you.

A couple featured on the programme paid over £1800 for their wills, but ended up with invalid documents and no recourse as the will writing company had closed down before they could obtain a refund.

Mullis & Peake LLP is regulated by the Solicitors Regulation Authority and has professional indemnity cover. Many will writers are unregulated, have no insurance to protect you and have no professional qualifications.

The One Show also highlighted that it is important to choose a solicitor with experience of will-writing, as not all solicitors are specialised in this area. The Wills & Probate team at Mullis & Peake LLP has a wealth of experience in this area and will provide a service tailored to your needs.

For more information about Wills please contact Jurij Osokin on 01708 784003 or at jurijosokin@mplaw.co.uk

GENERATION RENT

2012-01-11T04:47:00.000-08:00

There is rising demand for rental accommodation as many young individuals and couples find it hard to get on to the property ladder. The knock on effect is that there has been renewed interest in the Buy to Let market as a result of rising rents, cheaper mortgage products and positive house price forecasts. If you are an investor looking for property to buy on this basis please contact our Residential Property experts on 01708 784000 for further assistance.

Financial mis-selling to the Elderly

2012-01-11T00:45:00.000-08:00

HSBC was recently fined for mis-selling financial products to elderly people, including products intended to assist with payment of nursing home fees.

The funding of residential care is a complex area, where specialist advice and knowledge, such as that provided by Mullis & Peake LLP can be invaluable.

The law on how local authorities deal with nursing home fees is long overdue for reform but given the current state of the economy this is unlikely to be a priority.

For advice on residential or nursing care funding please contact Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

EQUITY RELEASE ADVICE

2012-01-05T02:00:00.000-08:00

The pressures on the finances of the elderly are increasing. Improving health and life expectancy mean that money has to stretch further. Coupled with unpredictable stock markets, low interest rates and parents supporting children in adulthood the position for many is tough. Equity Release schemes can be a solution to the above problems. The 2011 Dilnot Commission suggested that that these schemes could enable some to resolve financial issues and remain in their own home as opposed to moving into residential care.

Equity Release schemes have, historically, had bad press, but they are now subject to stringent regulation by the Financial Services Authority (FSA) and Safe Home Income Plans Limited (SHIP) amongst others.

They are not suitable for all but can offer a solution for some. You should contact a specialist broker for further assistance.

If you decided to proceed you will need a solicitor to finalise matters for you and advise you fully. Please contact our Residential Property team on 01708 784000. We are experts in this field.

Court of Protection Move

2012-01-03T23:40:00.000-08:00

The Court of Protection is to move from Archway to the Royal Courts of Justice.

From 9th January 2012 the Court will be located at the Thomas More Building, Royal Courts of Justice, Strand, London, WC2A 2LL (DX 44450 Strand). The phone number is unchanged.

For specialist advice from Mullis & Peake LLP on Court of Protection applications please contact:

Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

Carol Etherington on 01708 784095 or at caroletherington@mplaw.co.uk

Lorraine Warren on 01708 784073 or at lorrainewarren@mplaw.co.uk

Charity Day at Mullis & Peake LLP 23rd December 2011

2011-12-23T01:07:00.000-08:00

On the last working day before Christmas, all members and staff at Mullis & Peake LLP are involved in two charity events.

The first is a "Dress Down Day" organised by Member, Andrew Fidler - all members and staff will pay a sum of money to wear their out of office clothes.

The second is a cake sale organised by Licensed Conveyancer Ashley Avis. Ashley and her team of helpers have been furiously baking delicious cakes to sell to staff. The "Property Patisserie" will open for business at 1pm!

All proceeds from the above events will be donated to our charity of the year the Pancreatic Cancer Research Fund.

We close today at 4.30pm and re-open on the 3rd January 2012 at 8.45am.

May we take this opportunity to wish you all a very merry Christmas and a happy and prosperous New Year.

NEW YEAR LEGAL RESOLUTIONS

2011-12-22T01:19:00.000-08:00

Further to the entry set out below please click here for the Private Client Resolutions.

Private Client Resolutions

NEW YEAR LEGAL RESOLUTIONS

2011-12-22T01:16:00.000-08:00

With Christmas only a few days away, and the end of the year shortly thereafter, our thoughts turn to the New Year and making changes for the better.

Some may be contemplating giving up chocolate, abstaining from alcohol or embarking upon a new exercise regime but we have produced New Year LEGAL resolutions for you to consider too.

The first set are designed for private individuals whilst the second set are aimed at business men and women.

Please have a read and if you think we can help then please do get in touch. We close tomorrow afternoon (23rd) and re-open at 8.45am on the 3rd January 2012.

Merry Christmas!

Private Client Resolutions
Business Client Resolutions

MULLIS & PEAKE LLP CHRISTMAS PARTY 2011

2011-12-21T04:17:00.000-08:00

The Members of Mullis & Peake LLP hosted a Christmas party at Top Meadow Golf Club on Thursday the 8th December 2011 to thank staff for their hard work over the year. The food was excellent and all calories consumed were expended on the dance floor later on in the evening!

Here are a selection of photographs of our Members with the team

HOW BAD CAN IT GET?

2011-12-20T01:32:00.000-08:00

This explains what can happen to a couple who live together but are not married, have a child or children from a previous relationship and have no Wills or Declaration of Trust.

We have recently advised a client whose partner had died suddenly. There was no warning and no time to make arrangements.

They had been living together for a number of years with her son but had never married. The property was held as tenants in common in equal shares but there was no Declaration of Trust confirming who owned what share. There was a mortgage outstanding and life cover had been taken out for this sum but following current practice this was not assigned to the Bank.

Under the intestacy rules, the deceased's share of the property passed to her Son. As our client does not have Parental Responsibility for the child, the child is being cared for by the Grandmother. This relationship is difficult. There is a dispute as to whether the life cover should be used to repay the mortgage. All in all the position is complicated, fraught and challenging at a time when feelings are raw and emotions are running high.

If our clients had taken advice earlier, for example, when they moved in together, a parental responsibility order could have been obtained, a declaration of trust could have been drawn up supported by wills and the family would have been protected.

It is better to make plans for the “What if” than to wait for something to happen

If the above strikes a chord with you, and you require further advice, then please do not hesitate to contact us on 01708 784000.

CHRISTMAS PARTY CHAOS

2011-12-16T02:47:00.000-08:00

The festive season is in full swing, and with that comes the annual office Christmas party.

Office parties are held by a large number of employers as a way of boosting morale and thanking employees for their hard work over the year. However, while employers want their employees to enjoy themselves, it should always be remembered that the office Christmas party is a business event.

For employers, the office Christmas party can be a worry. Problems such as harassment, excessive consumption of alcohol, discrimination, not to mention absences the day after the night before can cause a huge headache for employers. Most concerning of all is that in some cases employers can be found to be liable for the actions of their employees during the Christmas party.

If you require expert advice on how to deal with the aftermath of a Christmas party or on employment law generally please contact Ryan D'Souza on 01708 784090 or ryandsouza@mplaw.co.uk

LEASE OPTIONS BEWARE!

2011-12-14T02:13:00.001-08:00

The Government have made changes relating to sale and rent back (SRB) agreements in order to close loopholes and protect the public. However, the Financial Services Authority (FSA) has warned that consumers still need to be on their guard. Since the 16th September 2011, anyone who conducts an SRB agreement must be authorised by the FSA, unless they are related to the client.
The FSA has also issued a warning to the public about rogue firms who try to avoid regulation by offering products that pay off consumers' debts thereby allowing them to stay in their own homes, with the actual sale of the property delayed. These products are often called "Lease Options", or "Exchange with Delayed Completion" arrangements, but are in fact regulated SRB agreements, even if the sale of a property is not fully completed. Firms offering them must be authorised by the FSA for SRB activities and are subject to the usual regulatory requirements.

If you have any queries relating to the above then please contact our Residential Property experts on 01708 784000.

Alzheimers Society reports on financial abuse of those with dementia

2011-12-13T23:56:00.000-08:00

The Alzheimers Society has reported that of the 750,000 people in the UK who have dementia, 15% are reported by their carers as having been the victims of financial abuse. This can range from cold callers to unscrupulous family members, friends and neighbours.

The report also highlights the difficulties encountered by those with dementia when dealing with banks, especially with the new technologies required to manage accounts.

A Lasting Power of Attorney allows you to plan for your future by appointing an Attorney of your choice so he/she/they can assist you with your financial affairs if the need arises. You are also able to appoint an Attorney, under a different type of Lasting Power of Attorney, to make Health & Welfare decisions if you lose capacity to decide for yourself.

For more information on Lasting Powers of Attorney please contact:

Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

Also, see our website: http://www.mplaw.co.uk/lasting_powers_of_attorney.html

Sparkling for Charity

2011-12-07T02:13:00.000-08:00

On Wednesday 30th November Mullis & Peake LLP hosted a jewellery party in association with Silpada jewellery in support of Pancreatic Cancer Research Fund.

Our Silpada Representative, Kelly Saunders, generously agreed to donate 25% of the proceeds from sales on the night to our charity.

With wine and mince pies flowing everyone was in the mood for spending and we raised a fantastic £295.50.

Thank you to everyone who came along to support the event. We hope you enjoy your new gifts.

APIL comments on Regulation of the Hairdressing Industry

2011-12-02T01:22:00.000-08:00

Following Martyn Trenerry attendance at a reception at the House of Commons hosted by David Morris MP who introduced a 10 minute Bill promoting better regulation of the hairdressing industry. Deborah Evans, Chief Executive of The Association of Personal Injury Lawyers has made the following statement

“Terrible injuries, including chemical burns, anaphylactic reactions, scarring and blood poisoning are too frequent for the hairdressing industry to continue to be left to its own devices. As a result of Parliament’s failure to act we will unfortunately continue to see these injuries in their hundreds each year. For MPs to dismiss this issue so quickly is very disappointing.

We can hope that, at the very least, the Bill has made people aware of the risks carried by particular treatments so they will seek to visit a qualified, professional hairdresser who can handle them with the expertise they need and deserve.”

FIRST TIME BUYER RELIEF - THE CLOCK IS TICKING!

2011-12-02T01:13:00.001-08:00

George Osborne's Autumn statement contained some initiatives to improve the property market. However, the temporary first time buyer stamp duty land tax concession for properties worth less than £250,000.00 will end on the 24th March 2012. If you are thinking of buying a property, and are eligible for the relief then now is the time to do it!
If you require further advice as to whether you are eligible then please do contact our Residential Property team on 01708 784000 who will be more than happy to help.
If you want to buy - then instruct us NOW!

STATE REGISTRATION FOR HAIR DRESSERS: THE FACTS

2011-12-01T09:22:00.001-08:00

Martyn Trenerry, specialist personal injury solicitor, president of the Trichological Society and founder of HairLawyers recently attended a reception at the House of Commons hosted by David Morris MP who has introduced a 10 minute Bill promoting better regulation of the hairdressing industry. The event was supported by the Hair Council

The following information is extracted from the Hair Council’s Leaflet.

Hair dressing has a £5 billion turnover
There are 245,000 people working in the hairdressers industry in the UK- that 1% of the total UK workforce
There are 34,000 salons
There are 38.8 million consumers
Most consumers believe hairdressers have to be qualified before they can practise on the public and are shocked when they find out this is not the case
Outside of family members, women now rank hairdressers as one of the top five professionals they confide in alongside their doctor, nurse and priest.
Hairdressers are expected to use dangerous chemicals to achieve a desired look.

YET THE HAIR DRESSING INDUSTRY IS COMPLETELY UNREGULATED

Unlike other 'hands on' industries ranging from doctors, nurses, dentists, chiropodists and dentist hygienists, hairdressing stands alone in being unregulated. Other profession such as gas fitters, taxi drivers and electricians all have a register of qualified practitioners. Hairdressers should be drawn into line with these other professions

The Current Situation

Currently anybody without a single day's training can set up as a hairdresser, open a salon and practise on the public. They can employ other unqualified hairdressers who also practise on the public using chemicals that can ruin lives. They can even show the new unqualified hairdressers what to do without really knowing themselves.

There is currently an Act of Parliament (The Hairdressers Registration Act 1964) where qualified hairdressers can voluntarily become registered. Currently there are only 5% of hairdressers on the register. Despite this, the entire hairdressing industry are behind the campaign for registration.

What the Hairdressing Council are campaigning for

The Hairdressing Council are campaigning for the current Act to have a simple update to make it mandatory for all those coming into the hairdressing industry to be taught to a standard where they are competent in whatever aspect of hairdressing they carry out. David Morris MP is a member of the Hairdressing Council and is looking for support for his ten minute Bill - the first step to achieve this.

AA REPORT CONFIRMS THAT UK ROADS ARE ‘PLAGUED WITH POTHOLES’

2011-12-01T09:21:00.001-08:00

According to the AA roads in many parts of the

are already plagued with potholes even before any winter freeze sets in.

The survey, conducted in October, involved around 1,000 AA Streetwatchers walking around their local neighbourhoods for an hour noting a number of road and path-related issues. Overall, they found that the average pothole count per AA Streetwatcher was 14.9 potholes compared to 12.5 a year ago. The survey defined a pothole as being at least six inches in diameter and at least two inches deep

The report concluded that the North East of England and

Scotland

have the most potholes.

AA president Edmund King said: "Our streetwatch volunteers have once again shown that the

has a pothole plague which has not gone away despite extra repairs this year. Highways authorities need to get to grips with the pothole problem, as compensation claims will soar when cold weather strikes and roads start breaking up again placing greater burdens on already strained budgets."

If you have had an accident on a footpath or on the road, then please contact Holly Nichols on 01708 784066 to discuss the possibility of making a claim.

MP CALLS FOR REGISTRATION OF HAIRDRESSERS

2011-11-30T07:39:00.000-08:00

A bill that seeks to regulate the hair dressing industry has been introduced to the House of Commons by a Lancashire MP.

David Morris, Tory MP and former hair dresser tabled a 10 minute rule debate on the 30^th November. The 10 minute rule debate allows backbench Members of Parliament 10 minutes to put forward proposals for new bills to be introduced to the commons for a first reading.

The MP wants hairdressers, who use potentially harmful chemicals which can cause injury to their clients, to be registered in the same way as gas fitters, taxi drivers and electricians.

The present position is that anyone can open a salon and start trading as a hair dresser without training, regulation or insurance. At the moment of the estimated 250,000 hair dressers in practice only 6000 of them are registered with the British Hairdressing Council (BHC). Registration with the BHC requires hairdressers to have NVA level 2 qualifications.

If the Bill is successful it would mean that only qualified hair dressers could practice and those guilty of malpractice and negligence could be struck off.

If you have suffered injuries as a result of treatment at a hair salon or by a mobile hair dresser or you are a hair dresser that has suffered with damaged to your health as a result of your job then please contact Martyn Trenerry on 01708 784042 or Holly Nichols on 01708 784066 who will be able to advise on your claim

The Chancellor’s Autumn Statement 29th November 2011: What you need to know..,.

2011-11-30T02:28:00.001-08:00

George Osborne gave his report to MPs on the state of the economy and made a number of proposals some of which are summarised as follows:

The UK economy has slowed down but is unlikely to go into recession. Economic growth is forecast at 0.9% for 2011

0.7% 2012

2.1% 2013

2.7% 2014

2% 2015

Borrowing is forecast to be 127 billion pounds 2011/12 falling to 120 billion, 100 billion 79 billion and 53 billion by 2015/16.

Debt as a proportion of GDP is expected to peak at 78% in 2014/15 and then fall thereafter.

The Chancellor proposed a cap on public sector pay of 1% for two years after the current freeze ends. This is down from 2%.

State pension age is set to rise to 67 from 2026 brought forward from 2034.

Regulated rail fares are to be capped at 6% - 1% above inflation from January.

The planned 3p fuel duty rise in January is to be scrapped. However duty will go up by 3p in August 2012.

State pension is to rise by £5.30 next year to £107.45 per week.

The Office for Budget Responsibility (OBR) has forecast total public sector job losses to go up from 400,000 to 710,000.

A credit easing programme is to be introduced to underwrite up to 40 billion pounds in low interest loans to small and medium sized firms.

There will be a 1 billion pounds business finance partnership to raise money for medium sized firms and a regional growth regeneration fund of one billion pounds in extra funding.

Although green programmes have been welcomed the Chancellor said cutting the output of energy intensive firms such as those making steel was not appropriate. There will be a 250 million pound support package for energy intensive firms and 500 million pounds for science. The business rate holiday relief for small firms is to be extended to April 2013.

A new stick and carrot youth contract is to be introduced, setting aside 1 billion pounds to subside six month work placements for 410,000 young people.

An additional 1.2 billion pounds of extra spending in schools is to be introduced: half to councils for more school places and half for an additional 100 free schools.

A mortgage indemnity scheme is to be introduced to help up to 100,000 people buy homes with a 5% deposit.

There will be a 50% discount for social tenants wanting to buy their own homes in England.

Infrastructure spending is to be boosted: 5 billion pounds in new spending over three years, including 1 billion pounds for the rail net work and the go ahead for thirty five rail and road projects across England.

There is a plan to use up to 20 billion pounds of money from pension funds for new investments: British savings for British jobs.

The Capital Gains Tax threshold is to be frozen and the rate for Corporation Tax is to fall to 25% from April 2012.

The use of the Channel Islands for low value VAT rate sales is to be brought to an end.

Planning law is to be reformed including the introduction of new time limits.

If you have queries about whether these proposals will have an immediate impact upon your business please contact Denise Shelton on 01708 784093 or deniseshelton@mplaw.co.uk or whether it might affect you personally please contact Jeremy Davies on 01708 784081 or jeremydavies@mplaw.co.uk

Public sector strikes and employment law

2011-11-25T01:51:00.000-08:00

Up to two million public sector workers are set to strike next week over changes to public sector pensions. The Government has proposed that public sector workers work for longer, pay more towards their pension and agree to alter their pensions from final salary pensions to career average salary pensions. Trade Unions oppose the proposals, saying that their members will be losing out under the proposed reforms.

The number of teachers expected to be involved in the strike action means that the Government is expecting two thirds of schools to close, having effects on private sector workers who are unable to obtain childcare.

If you have any queries about whether you are entitled to take part in industrial action or if you wish to know your employment rights in relation to taking time off to look after your children during the strike action please contact Ryan D'Souza on 01708 784090 or ryandsouza@mplaw.co.uk

Divorce and Lottery Wins

2011-11-25T01:02:00.000-08:00

An interesting decision was published in the Family Division case of S v G this week.

The wife in the case had a lottery win from her membership of a syndicate. She used some of the money to purchase a new home for herself and her husband. The Judge decided that part of the lottery win had been converted into "matrimonial property" and was therefore part of the "pot" against which the husband had a claim. However, as the home had come from the lottery win and the parties had not lived in it for very long prior to separation, the husband could not expect to be awarded an equal share.

For further information on property and financial issues arising from divorce please contact our matrimonial and family solicitor Joanna Toloczko on 01708 784044 or joannatoloczko@mplaw.co.uk.

Do I qualify for collective enfranchisement?

2011-11-24T02:17:00.001-08:00

The recent case of Smith and another v Jafton Properties Ltd [2011] considered the issue of whether the tenants were qualifying tenants within the meaning of the Leasehold Reform Housing and Urban Development Act 1993. The Court of Appeal considered the complex facts and decided that the tenants were qualifying tenants and, therefore, were able to claim a right of collective enfranchisement.

Collective enfranchisement occurs when the tenants in a block join together to purchase the freehold from the Landlord. Leaseholders can use collective enfranchisement to grant themselves long leases without a further premium and also take over the management of the block.

Collective enfranchisement is subject to qualification criteria dependent on the nature of the building, the number of tenants within the block and the number participating with the enfranchisement. The enfranchisement is usually completed by a company set up solely for that reason (Right to Enfranchise “RTE” Company) and which can then be used as a vehicle for managing the block.
If you have any concerns as to whether you qualify then please contact our Hayley Samuels who will be able to advise you further on 01708 784020.

2011-11-21T02:10:00.001-08:00

Revenue and Customs have announced that they are seeking to crackdown on stamp duty land tax evasion. They are implementing a two pronged attack. Firstly, they are focusing on private sales where buyers and sellers agree to keep a price below a stamp duty threshold while making unspecified payments for 'fixtures and fittings'. Secondly, they are investigating buyers of high value properties who are entering into complex trust arrangements to negate stamp duty. If you become involved in one of these schemes you may face retrospective tax charges. For further advice before you agree to enter into such an arrangement contact one of our Residential Property experts on 01708 784000.

Right to Buy discounts to be increased

2011-11-20T02:29:00.000-08:00

The Times reported on Saturday that the government is due to announce an increase in the discount for those exercising the right to buy on council properties.

The current maximum discount is capped at £38,000, but under the new scheme this could increase (at the discretion of Councils) to up to £76,000. All funds raised would need to be spent on new social housing.

In the past, when the Right to Buy discounts were higher, many people assisted relatives in purchasing their council home. However, not everyone had a written agreement to record the contribution to the purchase, or to secure the former tenant's right to reside in the property. This had led to unexpected Capital Gains tax implications on the sale of a property and disputes with Local Authorities about whether the property belongs to the former tenant for the purposes of residential care funding.

If you exercised your right to buy, or are thinking or doing so, it is imperative that you take advice if the purchased was funded, in fulll or in part, by someone other than the former tenant(s).

For advice on Trust Deeds or Declarations of Trust to reflect the ownership and rights of the parties to any property purchase contact:

Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

FUTURE WELL-BEING OF INJURED PEOPLE AT RISK

2011-11-18T09:05:00.000-08:00

APIL recently reported on their concerns over government plans for the future of personal injury claims which could lead to unqualified marketing men handling victims with complex cases.

“Proposed reforms to the way people can fund legal cases plus a ban on referral fees is an ominous formula which could lead to marketing men at claims management companies (CMCs) actually running personal injury cases,” said David Bott, president of not-for-profit campaign group APIL (Association of Personal Injury Lawyers).

“The Government is playing a very dangerous game with the future well-being of injured people”.

“If proposals going through Parliament come into force, new options for funding legal cases will be available and will allow inexperienced and unqualified people to start running cases until the point they go to court.

“Claims management companies are very good at advertising legal services, but they’re not lawyers. These businesses won’t be making any money from referral fees after they are banned, so will need to do something else to survive. Changes in the current Legal Aid, Sentencing and Punishment of Offenders Bill will open the door for them to start handling cases themselves,” explained David.

His comments come after a Legal Services Board consultation on providers of legal services. In its response, APIL has called for personal injury to be a “reserved activity‟, meaning that only properly regulated and qualified professionals would be allowed to do that type of work.

“Your gas engineer is properly regulated and so should be business dealing with your personal injury claim,” said David.

“A claims management company would need to settle a case to recover the costs and stay in business. The case would have to be taken over by a solicitor when it gets as far as court, so they will want to settle before it gets that far. This could mean cases are under settled and injured people don’t receive all the damages they need for their future care,” said David.

“Most injured people have never used the legal system before. They need to have faith that the person representing them has the right level of expertise and experience to deliver the care and compensation they need to put their lives back on track”.

2011-11-18T06:04:00.001-08:00

An investigation by WHICH? and Urban Owners (Managing Agent) has revealed that some leaseholders are being overcharged for insurance and service charges. The examples given were as follows:-
1. Insurance - Some Agents were found to be overcharging for insurance suggesting that they have been given hidden 'kickbacks' for putting all of their business in one place.
2. New builds - Some leaseholders in new developments were found to have been paying for repair work which should, ordinarily, have been remedied by the Developer.
3. Unlawful fees - some Managing Agents were charging fees that they had no right to levy in accordance with the terms of the lease.
4. Repairs - some Managing Agents were found to have been paying over the odds for repair work so as to take advantage of 'kickback's or referrals.
5. Incompetence - in some cases, Managing Agents have been found to have been slack about carrying out work even though clearly within the terms of their retainer.
The above mentioned organisations have called for a change in the law to force Managing Agents to be more transparent about their charges. ARMA (Association of Residential Managing Agents) have supported the above and believe that the industry should be more strictly regulated.
If you are a leaseholder experiencing problems as outlined above then your first action should be to complain to the Managing Agent. You can challenge the charges via the Leasehold Valuation Tribunal too. Alternatively, you could join with the other leaseholders in the block and consider exercising your "Right to Manage" or "Collective Enfranchisement". If you have any queries on leasehold matters generally then please contact our expert in this field, Hayley Samuels on 01708 784020.

Law Society warns that will writing and the handling of assets is open to abuse

2011-11-17T23:19:00.000-08:00

Consumers risk losing everything if they allow unqualified and unregulated will writers to have full control of their estate's assets.

The Law Society has highlighted the potential risks during the estate administration process in its submission to the Legal Services Board’s call for evidence into will writing, estate administration and probate activities.

The Law Society has been running a campaign to warn consumers of the dangers of using will writers who are not properly qualified and is calling for will writers to be regulated at the earliest opportunity to stop the exploitation of consumers.

The Law Society recommends that people who are preparing a will should engage a solicitor who can make sure that the will is legally watertight and advise on complex financial issues such as inheritance tax and trusts planning. Solicitors are all trained and regulated and are required to have adequate insurance to protect the public.

If you would like advice on making a Will contact:

Jurij Osokin on 01708 784003 or at jurijosokin@mplaw.co.uk

Skin Deep; The Business of Beauty

2011-11-15T02:13:00.001-08:00

A recent episode of the new BBC3 programme Skin Deep; the Business of Beauty presented by Jessica Jane Clement of “I’m a Celebrity Get me out of Here” addressed the issue of the lack of regulation in the beauty industry.

The programme highlighted the experiences of two women who were injured as a result of poorly performed beauty treatment. One suffered scalp damage due to a hair weave whilst the other women suffered scarring as a result of a dermal piercing.

Traction alopecia can occur where a weave is performed to tightly then this can lead to the hair being pulled out of the scalp, pulling with it the scalp tissue. This can lead to permanent scarring which may result in the hair being unable to re-grow in these areas.

Dermal Piercing

2011-11-15T02:03:00.000-08:00

The BBC3 programme Skin Deep; The Business of Beauty shown on 14 November 2011 highlights the latest craze in the piercing industry which could leave you with permanent disfiguring damage. This procedure involves a core of flesh being removed from the skin and an anchor point being inserted into the incision on to which a gem is attached.

This procedure is performed to all parts of the body including the face, hands, back and neck.

Areas of the body such as the hands have many nerves which are positioned very close to the skin surface and therefore risk being damaged by the piercing. There have been cases where the anchor point embeds deep into the skin requiring surgery to remove it.

The piercing industry like some other areas of the beauty industry is largely unregulated. There is no requirement for practitioners to undergo any training before marketing themselves to the public. Therefore it is advisable to research a salon before using it, to ask questions to understand the risks that may attach to a particular procedure and if you experience any problems with your piercing seek professional medical opinion urgently.

If you have had a piercing which has gone wrong or left you with unsightly scarring then please contact Martyn Trenerry on 01708 784042 to discuss the possibility of bringing a claim.

Silpada Jewellery Party – Wednesday 30th November

2011-11-15T00:03:00.000-08:00

Christmas is coming, Santa’s on his way

No time for all that shopping, too few hours in the day

To find the perfect gift, that treasure that you seek

Come join us for the evening, we have sparkles at Mullis & Peake

___________________

Silpada Jewellery Party – Wednesday 30th November

Supporting Pancreatic Cancer Research Fund

We would be delighted if you would join us for a Silpada jewellery party on Wednesday 30th November. Guests are welcome to arrive between 5pm – 7pm to view and hopefully purchase that ideal Christmas present. Nibbles and refreshments will be provided.

Silpada offers a collection of the highest-quality, handcrafted .925 sterling silver jewellery complemented by natural materials, such as semiprecious stones, rich woods and leather.

Our Silpada representative, Kelly Saunders, has kindly agreed to donate 25% of the total amount spent on the evening to our chosen charity Pancreatic Cancer Research Fund.

If you would like to join us for the evening and make a start on your Christmas shopping, please do let us know by contacting Denise Shelton at deniseshelton@mplaw.co.uk

We look forward to seeing you on the 30th November.

2011-11-14T01:47:00.001-08:00

Halifax reported a 1.2% rise in house prices in October. This means that the average home in England is worth £163,311. According to the RICS, activity in the housing market rose to its strongest level since April 2010 last month. Research showed that 8% more Chartered Surveyors reported sales rising than reported them falling in October. However, the above optimism needs to be tempered by the view of a national housebuilder that UK house prices could plunge 10% as a result of the eurozone debt crisis. If you are buying, selling or both, obtain expert advice from our Conveyancing Quality Scheme accredited specialists on 01708 784000.

Supreme Court decison in Jones v Kernott

2011-11-11T01:01:00.000-08:00

The Supreme Court handed down judgement in the case of Jones v Kernott on 9th November 2011.

The case relates to the division of ownership of a property owned by an unmarried couple. The Court's decision makes clear how important it is to agree and record the basis of ownership of a property either when the property is purchased or when there is a change in the circumstances of the owners.

In the Jones v Kernott case the couple separated and the person remaining in the property continued to pay the household expenses on the property when her partner left the property. The Court inferred what it believed to be the parties' intentions at the point when one left the home. If the couple had an agreement about ownership the costs involved in a matter passing through the Courts could have been avoided.

If you would like advice on a Cohabitation Agreement please contact:

Joanna Toloczko on 01708 784044 or at joannatoloczko@mplaw.co.uk

For advice on Declarations of Trust in relation to jointly owned property please contact :

Jeremy Davies on 01708 784081 or at jeremydavies@mplaw.co.uk

Cameron Emslie on 01708 784062 or at cameronemslie@mplaw.co.uk

Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

WHAT TO LOOK FOR IN YOUR CONVEYANCING SOLICITOR

2011-11-10T03:21:00.001-08:00

There are a number of factors to consider when searching for a solicitor to act for you when buying or selling your home.

This is our top ten.

1.Specialist service/department - dealing with experts. Using common sense as to when to argue the point and when to concede. We balance doing a proper job - we are not overly pedantic nor do we adopt a careless approach. We don't believe in point scoring.

2.Accountability - knowing the name of the person who is dealing with the matter and being informed if the case is transferred either for a short time or permanently. You will always know who is handling your case. There will be one person with whom the buck stops. We work closely together as team however and all absences from the office are covered. We pull together.

3.Good use of IT. We have a case management system. We are happy to use email for those clients that prefer it.

4.Have been appointed to the panels for all Lenders. We are on all panels. We have a good relationship with our Lender clients.

5.Accessibility - offering extended opening hours. We are open until 7pm on Tuesdays, Wednesdays and Thursdays. We are available between 1pm and 2pm. We are often available early in the morning too.

6.Competitively priced - the cheapest Solicitor is rarely the best. We are not the cheapest but we are competitive. We know what our competitors charge because we carry out regular comparisons. Our fees represent the quality service that we offer.

7.Transparency - clear explanation as to charges, when they fall due and the basis upon which we are acting. Our estimates are clear, detailed, precise and transparent. We don't believe in hidden extras.

8.Fully compliant, regulated, insured and accredited. We are regulated by the SRA, fully compliant with ISO 9001, insured as necessary and accredited with the Law Society's Conveyancing Quality Scheme.

9.Proactive not reactive. We make things happen.

10.Efficient and quick. We turn our work around quickly.

At Mullis & Peake LLP, we pride ourselves on providing an excellent service. However, we are not so arrogant as to think that we know what our clients want, which is why we ask them. We ask all clients for feedback following completion.

Our mission statement is to ensure matters proceed smoothly, speedily and with as little stress to clients as possible. We are affordable and accessible experts.
Please contact us for a no obligation estimate on 01708 784000.

Inheritance Tax - charitable giving

2011-11-10T00:55:00.000-08:00

From April 2012, it will be possible to reduce from 40% to 36% the rate of Inheritance Tax payable on the remainder of your estate by giving at least 10% to charity.

Whether this will be atrractive will depend on 'the arithmetic', but the larger the estate, the more likely there is to be a benefit: Richard Branson and other high-profile entrepreneurs have pledged to give away 10% of their wealth to charity in their Wills.

For Inheritance Tax advice contact:

Jeremy Davies on 01708 784081 or at jeremydavies@mplaw.co.uk
Cameron Emslie on 01708 784062 or at cameronemslie@mplaw.co.uk
Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

Junior ISA

2011-11-08T23:52:00.000-08:00

This month saw the launch of the Junior ISA.

A Junior ISA will be free from personal liability to income and capital gains taxes. They will set aside many of the tax problems and legal issues associated with investing for children and offer possibilities for added inheritance tax and capital gains tax planning.

For grandparents in particular, the potential for inheritance tax planning might be an extra incentive to financially provide for their loved ones.

For further advice on Inheritance tax planning please contact one of our Private Client Team:

Jeremy Davies on 01708 784081 or at jeremydavies@mplaw.co.uk

Cameron Emslie on 01708 784062 or at cameronemslie@mplaw.co.uk

Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

LOCAL KNOWLEDGE - NEEDED OR NOT?

2011-11-08T04:36:00.001-08:00

Head of Residential Property, Melanie Carroll, read an article recently regarding conveyancing services and local knowledge. The article intimated that local knowledge being paramount was a myth. In our view, this is wholly inaccurate.

The article went on to say that conveyancing is just an administrative task, can be done by anyone and only requires and telephone and a computer. This is simply not true either!
Melanie Carroll said:-
" Whilst it is not a prerequisite, having local knowledge is an advantage. In Romford and the surrounding areas, there are very few streets where we have not bought or sold in recent years. As a consequence, we have the ability to identify problems early on and resolve them speedily and to our clients' satisfaction. We are fully aware of the idiosyncrasies and anomalies that exist locally. We know our patch".
Our mission statement is quite simple; to provide an affordable, accessible and accountable service to our clients. To progress matters smoothly, speedily and with as little stress to our clients as possible. To provide excellence.
If you would like any advice on the house buying process then please contact one of our experts on 01708 784000.

First Time Buyers' Stamp Duty exemption to end in March 2012

2011-11-08T00:06:00.000-08:00

This weekend The Times reported on the imminent end to the Stamp Duty Land Tax exemption for first time buyers purchasing a property up to £250,000 in value.

The exemption is scheduled to end on 25th March 2012 and The Times therefore encouraged buyers to look at properties now. The Times also recommended that sellers consider puting properties on the market now rather than wait until the New Year, the traditional time to market properties after the Christmas break. This can help ensure that first time buyers are able to complete the purchase of a property by the 25th March 2012.

We will have to wait for the Chancellor's Statement on 29th November 2011 to see if there is any extension of the exemption.

If you would like advise on buying or selling a property, even if you have not placed your property with agents, please contact Mullis & Peake LLP's Residential Property team on 01708 784000.

Court of Protection

2011-11-07T01:14:00.000-08:00

Sir Nicholas Wall was recently interviewed by the Guardian and discussed whether Court of Protection hearings should be open to the public, unlike at present where most cases are heard in private.

The Court of Protection appoints a Deputy to act where a person is incapable of managing his/her affairs and there is no valid Power of Attorney in place.

Mullis & Peake LLP has a specialist team who can advise on Court of Protection applications. Samantha Hamilton is one of only sixty-five appointed to the Panel of Deputies.

For advice on Court of Protection matters contact:

Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

Carol Etherington on 01708 784095 or at caroletherington@mplaw.co.uk

Lorraine Warren on 01708 784073 or at lorrainewarren@mplaw.co.uk

Family Justice Review

2011-11-04T02:23:00.000-07:00

The final report of the Family Justice Review was published yesterday. The report recommends the establishment of a Family Justice Service with a single family court rather than the three tier system we have at the moment. The same judge should deal with the case at every hearing wherever possible.

Other recoommendations of the report include:-
Children and young people involved in court proceedings should be given more age appropriate information, and should be supported to make their views known at an early stage.
The abolition of Residence and Contact Orders and the introduction of Child Arrangements Orders.
The promotion of mediation as a way of resolving family law disputes.
The government to establish an on-line hub to enable people to deal with their divorce on-line as an administrative process.

The report has come out against legislation which creates a right to shared care or equal time with children for both parents, and has recommended that the reqirement for grandparents to apply for the court's permission to make applications in respect of children should remain.

For further information please contact our family and matrimonial solicitor Joanna Toloczko on 01708 784044 or joannatoloczko@mplaw.co.uk.

Buyers fall for tax avoidance scams

2011-11-01T10:06:00.000-07:00

Some clients are being duped by online schemes that suggest ways to avoid paying Stamp Duty Land Tax.

We are seeing an increasing number of wealthy individuals buying property through companies, often located offshore, because they believe this means they avoid Stamp Duty.

It is likely that this is as a result of the rise in the Stamp Duty rate to 5% on properties valued over £1m earlier on this year.

It is a popular misconception that it is possible to avoid Stamp Duty Land Tax by purchasing a property using a company. An offshore or UK company buying a property pays the same rate of Stamp Duty as an individual.

Stamp Duty may be avoided by future buyers when the company decides to sell the property. This is done by the owner selling shares in the company, rather than the property itself, but Stamp Duty will nevertheless be paid on the initial purchase.

For further advice on Stamp Duty Land Tax then please contact one of our Residential Property experts on 01708 784000. We are here to help.

Rights for Cohabitants

2011-10-27T08:37:00.000-07:00

If you are not married to your partner you do not have the same rights as a spouse should the relationship break down. For example, you cannot apply for an order that your partner should transfer their interest in an asset to you (a property adjustment order), nor can you apply for an order in respect of their pension (a pension sharing order). Whilst it is always possible to apply for maintenance for a child, you cannot apply for maintenance for yourself.

The Law Society and Resolution (the main organisation for solicitors practising in family law) have been pushing for change for some time. The Government has shelved plans for reform for the time being.

Contact Joanna Toloczko of our family department on 01708 784044 for further information.

I HAVE INHERITED A PROPERTY BUT I DON'T KNOW ANYTHING ABOUT IT?

2011-10-26T02:38:00.000-07:00

If you inherit a property then not only do you inherit the benefit but also the burden of that property. Therefore, it is important that you know what you are getting in to, particularly if you have never lived at the property. We can prepare a property report for you similar to that which we prepare for clients who are buying a property. The Report does not comment on the condition or structure of the property and so if you have any concerns in this regard then you should appoint a surveyor. If you elect not to have this report then you take the property as it is. Problems that could arise are rights in favour of third parties, covenants that affect your enjoyment of the property, the property being affected by a financial liability (such as chancel repair) or the property being deemed 'contaminated'. If you require further advice then please contact our Residential Property experts on 01708 784000.

Seminars on Elderly Client & Incapacity Law

2011-10-25T23:22:00.000-07:00

Samantha Hamilton, Head of the Private Client Department at Mullis & Peake LLP, regularly gives talks and training to local organisations on topics suchs as:

Lasting Powers of Attorney
Court of Protection
Wills
Care funding

In the past year Sam has spoken at meetings or given training for Age Concern Havering, the Association of Jewish Ex-Servicemen (AJEX), Admirals Dementia Nurses (Barking & Dagenham), Carer's Association (Barking & Dagenham), Hainault Business Park's breakfast meetings and Mencap. See http://mplaw.blogspot.com/2011/09/seminars.html for more details.

If you would like Sam to be a speaker at your meeting or event please call on 01708 784064 or email samanthahamiton@mplaw.co.uk

Can I protect my home from future care fees?

2011-10-23T09:22:00.000-07:00

At Mullis & Peake LLP we are asked by many clients if there is anything that they can do to protect their home from future care fees. Local Authorities can view gifts of a property as a 'deliberate deprivation' of capital, but there are still things that you can do:

Wills

A couple can divide the ownership of a jointly owned property so that they own as 'Tenants in Common' and can each leave their share of the property by Will. Under the Wills the share of the property will be held on trust instead of passing to the survivor. When the first of the couple dies his/her share of the property will pass to the trust, but the survivor can continue to live in the property or move to an alternative property using the sale proceeds of the original property. However, if the survivor needs residential care only the survivor's half share of the property can be assessed for care funding purposes. The deceased's share of the property is protected by being held in the Will Trust.

Trusts

Some clients have other reasons for wishing to transfer a property and wish to do so during his/her lifetime. It is rarely advisable to make an outright gift of property as your own security in the property can be comprised and there can be tax implications of such a gift. Transferring the property into a trust can ensure that you can continue to live in the property in a tax-efficient way, whilst still fulfilling the wish to transfer the property to another person. You may also wish to record within a Trust Deed details of a family member's contibution to the purchase of the property, for example in the case of a right to buy property. Trusts are a complex area and you should seek advice from Mullis & Peake LLP.

If you wish to make a Will please contact Jurij Osokin on 01708 784003 or at jurijosokin@mplaw.co.uk

For advice on Care Funding, Property Trusts and Lasting Powers of Attorney please contact Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

Avoiding probate & estate fraud

2011-10-21T00:29:00.000-07:00

In our recent update Mullis & Peake LLP recommended that whenb making a Will you keep with it a list of online account details and passwords, such as email accounts and social media accounts:

http://mplaw.blogspot.com/2011/10/wills-social-media.html

It is important that the list is kept with your Will, but that this information is not incorporated into the Will itself. When Probate is granted on an estate the Will is attached to the Grant and can be freely obtained as a public document. For this reason it would not be safe to include account details and passwords in the Will.

Mullis & Peake LLP stores Wills free of charge and we can also store a sealed envelope with the Will that contains information such as details of finances, account details, grave deeds or detailed funeral wishes.

If you would like to make or update your Will, or if you would like Mullis & Peake LLP to store your Will please contact Jurij Osokin on 01708 784003 or at jurijosokin@mplaw.co.uk

BRAIN INJURY FROM INCIDENT AT GLOUCESTER PARK SWIMMING POOL

2011-10-20T01:13:00.000-07:00

A local school and the local council have successfully defended a £3 million compensation claim brought against them for a brain injury suffered to a 10 year old pupil.

Annie Woodland was a pupil at Whitmore Junior School in Basildon when she was found submerged in the water during a swimming lesson at Gloucester Park swimming pool, which had recently undergone refurbishment to become a training venue for the 2012 Olympics. Annie who was resuscitated suffered brain injury due to oxygen starvation.

The High Court ruled that neither the Local Authority nor the school could be held responsible for the failings of a private lifeguard who was not employed by the Council.

It is likely that the Claimant will appeal this decision to the Court of Appeal.

BELLWAYS BOOST TO NEW BUILDS

2011-10-18T02:10:00.000-07:00

UK house builder Bellway has reported a 50% jump in annual pre-tax profits during a year in which it said the market had "stabilised" and trading had been "encouraging".

Higher sales, better margins and tighter cost control were behind the improvement. The number of houses sold increased 7% to 4,922, with the average price up 8% to £175,613.

Reservations in the first nine weeks of the new financial year were also 11% up on the same period last year.

Chairman Howard Dawe said that "against a backdrop of ongoing economic uncertainty", Bellway "has performed very well".

Mullis & Peake LLP have experience in buying new homes from Bellways and other house builders. If you are buying a new build property then you should ensure that the Solicitor that you instruct is an expert. New builds can be more complex - the planning position needs to be investigated thoroughly, if the roads and sewers have not been adopted then there must be an agreement in place to reflect this and the property should be sold with the benefit of a warranty, such as NHBC, or similar.

We are experts - please contact our Residential Property Department on 01708 784000 for further advice.

Health & Welfare Lasting Powers of Attorney

2011-10-17T02:00:00.000-07:00

There has been a large amount of concern raised about the treatment of the elderly whilst in NHS care, and also whilst in residential care homes.

A Health & Welfare Lasting Power of Attorney (LPA) allows a person to appoint an Attorney who will be able to make decisions about Health & Welfare issues if the person cannot make that decision personally as a result of a lack of capacity. For example, a person with advanced dementia may not be able to decide to consent to treatment or decide where he or she wishes to live. The Attorney under a registered LPA can make the decision using the powers given by the LPA.

Accordingly having a LPA ensures that a friend or family member, as an Attorney, can represent your interests. If, for example, the NHS or Local Authority recommended that you move into care your Attorney can make the decision on your behalf about where you should live.

If you would like advice about making a Lasting Power of Attorney, either for Health & Welfare, or for Finances & Property please contact:

Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

or Helen Beach on 01708 784055 0r at helenbeach@mplaw.co.uk

Have you tripped on a defect on the Pavement or on the Road?

2011-10-14T00:37:00.001-07:00

In order to succeed in a claim against a Highway Authority you must prove that the Highway Authority was in breach of its duty of care impose by section 41 of the Highways Act 1980. This is done by proving that the Highway Authority failed to maintain the highway in a "reasonable" state and this duty will vary with the importance of the road in question.

The duty is not to ensure that the pavement is entirely free from all irregularities or changes in level. The question of whether the pavement in a particular case was in such a condition as to warrant a breach of duty by the highway authority.

For you to succeed you must show that

(a) the pavement was in such a condition that it was dangerous to pedestrians in the sense that in the ordinary course of affairs, danger may reasonably have been anticipated from its continued use by the public;

(b) the dangerous condition was created by the failure to maintain the pavement; and

Therefore, we first have to show that the defect over which you tripped is a ‘Dangerous Defect’. The general rule is that a defect which measured to be in excess of 1 inch will be regarded as dangerous i.e. a 1 inch raise in the paving or a 1 inch deep pothole.

If a defect is dangerous, then the Highway Authority may still have a Defence to claim being bought against them. If a Highway Authority can show that the have in place a reasonable system of inspection and that this system is complied with and that they have received no complaints to inform them of the existence of the defect before your accident, they will have a Defence.

How this works in reality, is that all roads within the Highways Authority jurisdiction will be categorised subject to factors including the; level of traffic, locality to schools/high street/station and type of traffic using the road. Each different type of road categorisation will have different inspection requirements. The Highway Authority therefore has to inspect the roads in compliance with this categorisation and keeps records of when these inspections are carried out. The Highways Inspector should record any defects that are present on the Highway when they inspect and instruct repairs to be carried out were necessary.

If the Highways Authority has inspected the Highway in accordance with their categorisation and at the last inspection prior to your accident the Highways Inspector did not note the defect. The Highway Authority will put forward that the defect must have appeared since they last inspected and they were not aware of it, they therefore can utilise the statutory defence as they have a reasonable inspection regime in place.

If you have had an accident on a footpath or on the road, then please contact Holly Nichols on 01708 784066 to discuss the possibility of making a claim.

Extreme Allergic Reactions to hair dye could cause death

2011-10-14T00:36:00.001-07:00

The news of the recent tragic death of 17 year old Tabitha McCourt published in the Daily Mail addressed the risks of using hair dye. It is believed Tabitha suffered an extreme allergic reaction to the dye just 20 minutes after applying the product to her hair.

This was the second story published by the Mail in recent weeks on severe allergic reaction to home hair dyes. Earlier in the month the Mail ran the story of Mariade Kelly who ended up in a hospital high dependency unit after using a home hair dye.

Allergic reactions to hair dye can develop at any time even if you have used the same products for years. The chemical para-phenylenediamine (PPD) which is a common allergen banned in many European countries is one of the likely causes of the allergic reaction suffered by Mrs Kelly.

PPD remains in many products on the

market, it has been linked to a number of severe allergic reactions. It is toxic to the immune system, skin, liver, kidneys and respiratory system. It is a skin sensitizer which can stimulate the nervous system to cause a variety of allergic reactions.

Wills & Social Media

2011-10-14T00:19:00.000-07:00

The Times has highlighted how the changes to our lives in recent years as a result of social networking, emails and online banking has led to a need for people to allow Executors access to online accounts.

When making a Will Mullis & Peake LLP recommends that you keep a list of assets, pensions and investments to assist your executors on your death. To this list you should now considering adding details of online accounts, such as email addresses and passwords, and details of Twitter and Facebook accounts.

Without this information your Executors may find it difficult to access or close an account. For example, Yahoo does not allow any access to emails after the death of an account holder and Google requires a US court order to permit access to emails.

If you store your Will with Mullis & Peake LLP we are happy to store a list of assets or accounts with your will. If you would like to do this, or if you would like advice on making or altering your Will contact Jurij Osokin on 01708 784003 or at jurijosokin@mplaw.co.uk

Water supplies

2011-10-13T23:17:00.000-07:00

On the 1st October 2011, the majority of private sewers and lateral drains in England and Wales transferred into the ownership of the relevant water authority. You may have received some literature from your water authority about this in recent months. In essence, public sewers will remain so, pipes within the boundary of a property serving only that property will remain private and all pipes and sewers will become public.

This may have an impact on the level of your water charges i.e. they may increase. However, the advantage is that for the majority of homeowners, the potential liability for sewer repairs is greatly reduced.

If you are planning any alterations, additions or extensions to your property then you should be mindful of the above as a private drain may now be public. It is our advice to consult with your water authority before carrying out any works to check the position with them before proceeding.

If you require any further advice on the above, water and drainage searches generally or any matters relating to buying or selling homes then please contact our Residential Property experts on 01708 784000.

E-Conveyancing consultation by The Land Registry

2011-10-11T04:54:00.000-07:00

The Land Registry has recently consulted on proposals to create electronic transfers or e-transfers. It received a number of responses from Solicitors, Lenders, Financial Institutions and other professional groups.

The consensus was that electronic transfers were not desirable at a time of low property sales and an increased risk of fraud. As a consequence, the development of electronic transfers has been halted and the focus will now be on the electronic lodgement and despatch of documents.

For advice on the sale and purchase of property please contact our Residential Property team on 01708 784000.

The risks of dying hair for men

2011-10-07T04:39:00.001-07:00

More men are turning to hair dye to keep the greys at bay. Many men use progressive over the counter products, as the change in colour is gradual and less noticeable.

A risk with these products is that many of them contain lead acetate which is a known carcinogen. The levels within these products are very low but can still have adverse effects, these products should not be used on facial hair or broken skin as irritation and redness will likely develop.

This has resulted in many men turning to female hair dye or to a professional to achieve the desired outcome. It is becoming less of embarrassing subject for men with more men including celebrities like Wayne Rooney admitting that they have turned to the services of professionals to hide their greys.

There is of course always risk with having hair dyed, we would suggest that you undergo skin and strand test before any products are applied to your hair as your hair may not be able to withstand the processing.

Hair can quite easily be over processed by dying resulting in hair breakage and damage to the hair follicles, which could leave you with bald patches, dry hair, hair of varying lengths and damage to your scalp.

IS THIS TREE PROTECTED?

2011-10-05T09:20:00.000-07:00

A Tree Preservation Order (TPO) is an Order made by the local planning authority. This Order makes it an offence to cut down, lop, top, uproot, wilfully damage or wilfully destroy a tree without planning permission. The purpose of these Orders are to protect trees for the enjoyment of the general public.

Your local authority search will confirm whether any trees at the property are affected by such an Order. Equally, you can inspect the local Land Charges Register at your local Council Office or Town Hall.

As the above offences carry a not inconsiderable fine, it is important that you are aware of any trees that may be affected. For further advice please contact our Residential Property team on 01708 784000.

Congratulations Genevieve Gallagher & welcome to Jurij Osokin

2011-10-04T23:51:00.000-07:00

New trainee solicitor

Mullis & Peake LLP is pleased to announce that Genevieve Gallagher has started a training contract with us. Genevieve will now be working in the Commercial Property Department. Congratulations Gen!

New Will Writing Paralegal

Genevieve had been working in the Private Client department in the Wills & Probate team. Mullis & Peake LLP is pleased to welcome Jurij Osokin as our new Will writing paralegal.

If you would like advice on how to make a Will please contact Jurij Osokin on 01708 784003 or at jurijosokin@mplaw.co.uk

Hair Transplant Surgery; Is it worth the risk?

2011-10-04T00:41:00.000-07:00

Wayne Rooney underwent a much publicised hair transplant during the summer which seems to have taken quite well for the Manchester United striker. Rooney even recently had his new locks dyed brown as he was concerned about going grey.

Hair transplanting is a cosmetic procedure which is ever growing in popularity, the procedure harvests individual hair follicles from other parts of the scalp and transplants then into the balding area, the surgery can take hours to perform. Not only does the procedure take a long time but patients of the procedure will not know for in the region of 3 months if the transplant has been successful.

As with any surgical procedure there are risks; the follicle may die and the transplant may not take, the transplant can leave scarring and the hair growth maybe unnatural.

There is also the possibility of a mistake by the surgeon such as the grafts being to large, the hairline being placed in the wrong place, the hair being placed in the wrong direction or you could be left with a large disfiguring scar.

If you have undergone a hair transplant and are not happy with the outcome, please contact Martyn Trenerry on 01708 784042 to discuss the possibility of making a claim.

Reforming the Right to Buy

2011-10-03T23:52:00.000-07:00

At the Conservative party conference reform of the Right to Buy legislation was announced. This would create more incentives for Council Tenants wishing to purchase a property at a reduced rate, and would require that for every property sold replacement social housing was provided.

Our Residential Property team can be contacted on 01708 784000 and can advise you if you wish to exercise your Right to Buy.

If you have family who wish to assist you with the purchase it is imperative that you have a written agreement, or Trust Deed. This can confirm who owns what share of the property, who is entitled to live there, who pays the mortgage and what happens if the property is sold. A written record of the agreement not only avoids future disagreements, but is also evidence of the ownership of the property to third parties, for example if the former tenant needs residential care or a family member funding the purchase has financial difficulties.

If you have exercised the Right to Buy, had financial assistance from a third party and have no agreement in place contact our Private Client team on 01708 784000 for advice on creating a Trust Deed.

The Risks of the Brazilian Blow Dry

2011-09-30T02:12:00.000-07:00

The Brazilian Blow Dry which is loved by celebrities such as Nicole Richie and Lindsey Lohan is often sold to customers as a keratin boosting straightening treatment which contains no chemicals and helps to improve the health of your hair.

One of the biggest issue with this product is that it may contain formaldehyde a known carcinogen, many products on the European market brand themselves as being ‘formaldehyde free’ but this is not technically correct. Although they do not contain formaldehyde in its purest form they do contain other chemicals such as Methylene Oxide which when combined with the processing involved in a Brazilian Blow dry have the same toxic effects as formaldehyde.

We have represented clients whom have suffered adverse effects from the process including; allergic reactions, hair breakage and the severe drying out of the hair.

The heat that the hair is exposed to during this process can easily cause irreversible damage, with the only outcome being that the hair will need to be cut off and allowed to re-grow again. If you have shoulder length hair then this re-growth could take in the region of 3 years.

Not only is it the customers whom are at risk from this treatment but also hair dressers, the steam that is produced during the straightening process is potentially harmful. In the

a class action including 200 people is being pursued against the makers of the Brazilian Blowout all of whom have suffered damage to their health from the product.

The Statement of Truth & Contempt of court

2011-09-30T00:58:00.001-07:00

A number of documents that are used in civil proceedings have to be verified by a ‘statement of truth’ when being signed, the sanction for signing the statement when you know that the content of the document is false is contempt of court.

In a recent court decision in the case of Nield v Loveday, this arose out of a road traffic accident. Proceedings were bought against the Defendant as the Claimant believed that the Defendant had exaggerated the extent of his injuries in a number of documents which were supported by a statement of truth.

It was held by the court that the Defendant had lied in documents about the extent of his injuries and he was held to be in contempt of court.

Free Family Seminar

2011-09-29T08:57:00.000-07:00

The Family Department of Mullis and Peake Solicitors LLP will be holding a free seminar for separating/divorcing parents on Friday 21st October at 12 noon. The seminar is designed to help parents help their children through the divorce/separation process. The speaker is Bebe Jacobs who is an experienced child psychologist and parenting coach.

The seminar will be held at the offices of Mullis & Peake LLP at 8-10 Eastern Road, Romford RM1 3PJ. For more information/to book a place please contact Joanna Toloczko on 01708 784044 or joannatoloczko@mplaw.co.uk

Plastic Surgery and Botox Discount Vouchers- The Risks

2011-09-29T03:18:00.000-07:00

Discount website Groupon, has been criticised by medical experts for offering cut price cosmetic procedures such as Botox. The site requires purchases to pay up front and the offers are subject to a deadline.

The Good Medical Practice in Cosmetic Surgery states advertisements must not offer discounts linked to a deadline date for booking appointments or surgery or other date linked incentives.

The concern is that consumer will rush into purchasing the offers and therefore the surgery without giving full consideration to the procedure that they may undergo. Surgeons have also raised concern over consumers buying the vouchers without having seen a consultant first.

If you have undergone botched plastic surgery, Botox or any other cosmetic procedure then please contact Martyn Trenerry on 01708 784042 to discuss the possibilities of making a claim.

Agency Workers Protection under Health & Safety Laws

2011-09-29T03:16:00.000-07:00

The Agency Worker Regulation come into force on the 1st October 2011, these provide agency workers with a variety of statutory protections which include protection under health and safety laws.

The Regulations will entitle all workers to paid holidays, rest breaks, no unlawful deductions from wages, the national minimum wage, protection from discrimination and protection under health and safety legislation.

There is increased protection for person whom are injured at work whilst working as an agency worker.

If you have suffered an injury at work please call Martyn Trenerry on 01708 784042 to discuss your claim and if you require employment advice on the behalf of a business or an individual then please contact Ryan D’Souza on 01708 784090.

CAN I MOVE IN BEFORE CHRISTMAS?

2011-09-28T04:01:00.000-07:00

For many of us this is a time of new beginnings; children going to school or changing schools, new jobs and so on. As a consequence, there can often be an autumn surge in the property market. There is often the added incentive of wanting everything done by Christmas and before we experience the worst of the bad weather. If you instruct us now to act on your sale and purchase, and make it clear that you would like to move before Christmas, then we will do all that we can to achieve this for you. Whilst we can make no guarantees (because we rely heavily upon co-operation from other parties) we are optimistic that there is sufficient time for all of the formalities to be completed. To avoid the inevitable Christmas chaos, instruct us now to act on your behalf. Please contact our Residential Property experts on 01708 784000.

2011-09-22T06:12:00.001-07:00

A new guide to fire safety in purpose built blocks of flats has been published by ARMA (Association of Residential Managing Agents). It is hoped that this guidance will bring consistency to fire risk assessments in such buildings and ensure that residents are safe. The guide is free to download from http://www.arma.org.uk/.
Fire safety in flats is about both prevention and protection; preventing fires from happening at all and protecting residents if they do. If you are buying a flat we will raise enquiries of the Seller as to whether a risk assessment has been carried out and whether any works highlighted as being necessary have been completed.

If you have any particular concerns about fire safety and flats, or leasehold matters generally, then please contact our Residential Property experts on 01708 784000.

Mullis & Peake LLP Settlement Publicises the Need for Regulation of the Hair Dressing Industry

2011-09-19T02:10:00.000-07:00

The settlement achieved in our client Miss Charlotte Jones favour as recently reported in The Sun, The Mirror and Daily Express re-raises the issue of the lack of regulation in the hair dressing industry.

Our client’s hair was severely damaged when a trainee hair dresser at a Nottingham Salon attempted to dye her hair from Brown to Blonde. The salon initially refused to accept liability for the damaged as they considered that the hair dresser was not an employee and therefore their insurance did not cover the trainee. Eventually and after a lot of legal wrangling the salon admitted liability for the damaged caused to Miss Jones and agreed on settlement.

Hair Dressers in the UK are currently unregulated so anyone even without any qualifications can open a Salon.

A person with a hair colour similar to Miss Jones should have been advised by the salon that is was not possible to make such a dramatic change in colour to her hair without causing damage.

In addition to this, Salons should carry out strand test each and every time clients have their hair dyed. This will test the hairs ability to withstand the processing that it is about to undergo. In many cases this is a pre-requisite to the salons insurance policy.

If you have suffered injuries as a result of treatment at a hair salon or by a mobile hair dresser then please contact Martyn Trenerry on 01708 784042 or Holly Nichols on 01708 784066 whom will be able to advise on your claim

Damaged caused by Dying Hair Pink

2011-09-19T02:07:00.000-07:00

The new hair fad as recently modelled by Katy Perry, Fearne Cotton and Amber Rose Le Bon as seen in this weeks Look magazine of dying hair pink can be damaging to hair

As with dying hair any colour the processing of the hair involved in the procedure can weaken and dry out the hair follicle. This can cause the hair to become dry and break off. Other possible side effects which can be caused by the dying of hair include allergic reaction, skin irritation, scalp burns and hair loss

Many people are surprised to find out that even if they have been dying their hair for years they can develop a reaction at anytime, this is especially more likely where a new colour dye is used due to the different chemical used in the dyes.

If you have suffered injuries as a result of treatment at a hair salon or by a mobile hair dresser then please contact Martyn Trenerry on 01708 784042 or Holly Nichols on 01708 784066 whom will be able to advise on your claim

£ 5250.00 for Hair Bleaching Gone Wrong Victim

2011-09-19T02:04:00.000-07:00

Martyn Trenerry a Member of Mullis & Peake LLP and head of our Litigation and Personal Injury Department recently achieved a settlement of £5250.00 for Miss Charlotte Jones for damaged caused to her hair by a Nottingham hair Salon.

As recently reported on Daybreak and in the Daily Telegraph, Miss Jones attended the salon to have her brown hair bleached a caramel blonde colour similar to Nicole Richie’s. She underwent 11 hours of treatment including five separate bleaching treatments, the first of which turned her hair orange.

The final result was that she ended up with hair that was frazzled and straw like and she said that she ‘looked like a scarecrow’. Miss Jones hair also fell out in clumps. Miss Jones was advised by a specialist to shave her hair completely off to allow it to re-grow from scratch. Some two years later Miss Jones hair has now re-grown to shoulder length.

If you have suffered injuries as a result of treatment at a hair salon or by a mobile hair dresser then please contact Martyn Trenerry on 01708 784042 or Holly Nichols on 01708 784066 whom will be able to advise on your claim

2011-09-19T01:00:00.001-07:00

We are proud of our Conveyancing Quality Scheme accreditation. It has been reported in the legal press that Santander have made CQS accreditation compulsory for new firms seeking to join the panel. In our eyes, this is an acknowledgement that not only does the scheme boast high standards but that lenders may view this as a prerequisite to panel membership in months and years to come. If a firm is not a member of a lender's panel then they cannot receive mortgage instructions and act for the lender. This means that the lender has to be separately represented (which doubtless increases costs to the client) or the clients have to instruct a firm that is a member of the panel.
We are pleased to be one of the few firms in the local area that have been accredited.
For further advice on any Residential Property related matters, please contact our team on 01708 784000.

IS YOUR TITLE REGISTERED?

2011-09-14T08:05:00.000-07:00

The Government established the Land Registry in 1862 with the aim of setting up a clear system of recording property ownership and to make buying and selling easier.

In 2011, there remains a significant proportion of land in England and Wales that remains unregistered. This means that the ownership of this land is not guaranteed by the State.

If your property has not 'changed hand' for a number of years then there it is quite possible that it remains unregistered. There is no requirement for you to register your land (though this may happen in years to come). However, you may decide to register now as there are a number of advantages, not least the fact that the Land Registry are offering a reduction of 25% on their registration fees.
Registration will doubtless save time and reduce costs on any subsequent sale and will also enable your estate to be dealt with more easily. Less paperwork needs to be retained. Perhaps the most important feature though is that you will have a title guaranteed by the State thereby offering the best form of legal protection available.

For further information please contact our Head of Residential Property Melanie Carroll or any member of our Residential Property Team on 01708 784000.

Estate & Funeral costs increase

2011-09-13T00:32:00.000-07:00

The BBC has reported today that the costs of administering an estate, including funeral costs has increased by 20% since 2007.

It is possible to keep funeral costs at current levels by pre-paying for the funeral. This can be a lump sum payment, or in instalments. However, people should beware of insurance-backed funeral plans which will only pay for your funeral if you keep paying the premiums. With an insurance-backed plan your premiums are wasted if you stop paying, and your funerl costs may not be covered. Secondly, if you live for a long time from the start of the plan the total premiums paid could be significantly more than the cost of your funeral.

Likewise the costs of administering an estate can vary depending on the organistation you choose to assist you. Banks can often be an expensive option, charging a fixed percentage of the value of your estate. Mullis & Peake LLP recently advised a client who would have been charged around £15,000 for his bank to act as his Executors. The costs for us to act for him will save his estate more than 80% of these costs.

Mullis & Peake LLP can confirm the costs of an estate administration, often for a fixed cost. Unfortunately there are organisations that lead the public to believe that solicitors' fees for acting for you in an estate are more expensive than their own charges. Before you decide who should administer an estate on your behalf please call Mullis & Peake LLP for information about our fees.

For more information on Probate Administration please contact:

Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

Jeremy Davies on 01708 784081 or at jeremydavies@mplaw.co.uk

Cameron Emslie on 01708 784062 or at cameronemslie@mplaw.co.uk

Bus Passenger Injured in Road Traffic Accident

2011-09-09T04:33:00.000-07:00

In a recent High Court decision London United Busways was held liable for the injuries suffered to a passenger caused by a driver's negligence in suddenly braking and not keeping a proper look out.

The bus driver stated that he had to perform an emergency stop due to a Ferrari in front of the bus braking suddenly without warning. The court preferred the evidence of the Ferrari driver who stated that he had not braked suddenly. In addition to this there was a history in the bus driver records of him driving aggressively.

The passenger suffered a serious spinal injury resulting in her becoming tetraplegic.

If you have been involved in a road traffic accident as a driver, passenger or cyclist then please contact Martyn Stevens on 01708 784050 to discuss your claim

Claims Text Messages

2011-09-09T04:30:00.001-07:00

Have you recently received an email or text messaging saying something along the lines of :

"You have still not claimed the compensation for your accident. You may be entitled up to £3650. To find out more reply ‘CLAIM’. Thank you"

This is a scam and we would suggest that you do not reply, the messages are randomly sent out by a computer system, then if you reply your number is passed on to another company who will contact you about your claim. Your details are then likely to be sold on. It is also a possibility that your number will be added to a database for future spam lists.

If you have had an accident and wish to speak to someone on a confidential basis at no cost then please call Martyn Trenerry on 01708 784042 or Holly Nichols 01708 784066.

Seminars

2011-09-09T02:12:00.000-07:00

Samantha Hamilton, Head of the Private Client Department at Mullis & Peake LLP frequently gives seminars, talks and training on her areas of expertise to many different organisations, including Age Concern, Carers Associations, The Parkinson's Disease Society, neurologists, social workers and care home staff.

If your charity or voluntary group wishes Sam to attend a meeting or event to speak about Lasting Powers of Attorney, Court of Protection, Wills or the funding of long-term care please contact us.

If your company or organisation works with the elderly or incapacitated and would like staff training on the relevant legal issues Sam is happy to help.

Sam can also give presentations to businesses about how the owners can plan for Business Succession using Wills and Powers of Attorney. Sam recently gave a short presentation on this topic to companies from the Hainault Business Park.

Sam is one of only 65 appointed to the Court of Protection Deputy Panel

For more details see:
http://mplaw.blogspot.com/2011/03/court-of-protection-deputy-panel.html

Samantha Hamilton can be contacted on 01708 784064 or at samanthahamilton@mplaw.co.uk

Succession planning for business

2011-09-08T00:21:00.000-07:00

Various figures have been quoted in numerous studies about the number of business owners who have not made a Will or planned for the succession of their businesses.

To ensure the long-term future of your business it is imperative that owners not only make a Will, but also consider how the business should be run if you could not continue to do so. Making a Lasting Power of Attorney to provide for Attorneys to act for you in running the business in the case of your absence through travel, illness or incapacity ensures that your business can continue if you are unavailable.

For advice from Mullis & Peake LLP on planning for the succession of your business contact:

FOR WILLS & LASTING POWERS OF ATTORNEY:

Samantha Hamilton at samanthahamilton@mplaw.co.uk or on 01708 784064

Helen Beach at helenbeach@mplaw.co.uk or on 01708 784055

FOR ADVICE ON BUSINESS STRUCTURES, INCLUDING PARTNERSHIP AGREEMENTS & INCORPORATION OF COMPANIES:

Denise Shelton at deniseshelton@mplaw.co.uk or on 01708 784093

See http://www.mplaw.co.uk/business_services.pdf for more information

The Association of Leasehold Enfranchisement Practitioners

2011-09-07T07:41:00.000-07:00

We are pleased to report that Hayley Samuels and Mullis & Peake LLP have been successful in their application to join ALEP, the Association of Leasehold Enfranchisement Practitioners.
The Association does not only provide a voice for practitioners but also protects consumers by ensuring that all members adhere to a code of practice, assuring clients that their interests will be looked after and that practitioners have the skills and experience to handle residential lease extensions, collective enfranchisement and right to manage claims.
At Mullis & Peake LLP we understand that these types of claims are technical and complicated transactions. Our successful application is testimony to the values we uphold, offering our clients a clear explanation of the procedures involved and value for money.

If you have a query about a residential leasehold matter, contact Hayley on 01708 784020 or hayleysamuels@mplaw.co.uk

REGULATION OF THE HAIR DRESSING INDUSTRY

2011-09-01T01:49:00.000-07:00

There has been recent call for the Hair dressing industry to become regulated following a campaign by Melanie Kenny whom suffered injury as a result of a reaction to hair dye.

As it currently stands the hair dressing industry is completed unregulated meaning that anyone with or without qualifications can call themselves a hairdresser. The hope is that with the regulation of the industry hairdressers would have to register to a governing body which will lead to standards of practice, eliminate unqualified and inexperienced practitioners and result in fewer injuries.

A full page feature in the Manchester Evening News recently told the story of Melanie Kenny whom suffered an extreme allergic reaction to hair dye, which resulted in her face becoming swollen and causing her to become temporarily blind in one eye. This all could have bee avoided if a skin test had been performed by the salon prior to the dye being applied. Mrs Kenny was awarded compensation of £3500.00.

If you have suffered injuries as a result of treatment at a hair salon or by a mobile hair dresser then please contact Martyn Trenerry on 01708 784042 or Holly Nichols on 01708 784066 who will be able to advise on your claim.

THE PROPERTY MARKET - AN OVERVIEW

2011-08-31T02:53:00.000-07:00

Property transactions in England and Wales remained at their highest level of the year in July but were still down on 2010. According to HM Revenue and Customs, 79,000 homes sold during the month; the same number as in June. However, 89,000 homes were sold in July 2010. At the height of the property boom in July 2007, there were 151,000 homes sold - almost double!

Sales have been affected by the continuing lack of mortgage finance, the inability of many to raise deposits and the reluctance of sellers to drop their asking prices.

The housing market remains stable but doubtless the economic situation means that the market will continue to be challenging for the remainder of this year and possibly beyond.

Advance Medical decisions

2011-08-31T00:03:00.000-07:00

The organisation Patient Concern is recommending that 'do not resuscitate' decisions are only recorded in medical notes if a patient consents or, if the person lacks capacity, consent is given by a relative.

Since implementation of the Mental Capacity Act 2005 in October 2007 it is possible to make an Advance Decision about medical treatment which specifies your wishes about future treatment. Alternatively, a person can appoint a family member or friend under a Lasting Power of Attorney to make Health & Welfare decisions in the event that the person has lost the capacity to make decisions.

For more information about Advance Decisions and Lasting Powers of Attorney see our website:

http://www.mplaw.co.uk/advance_directives_living_wills.html

and

http://www.mplaw.co.uk/lasting_powers_of_attorney.html

Or contact:

Samantha Hamilton on 01708 784064 or at samanthahamilton@mplaw.co.uk

Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

University Funding

2011-08-26T00:21:00.000-07:00

The GCSE results were delivered on Thursday 25th August and the A Level results were released on 18th August.

With university fees potentially rising to as much as £9,000 per annum the decision to attend university is not to be taken lightly. To ensure that your loved ones are financially able to continue their education, Mullis & Peake LLP can assist in the creation of a Trust. This will allow your money to be ring fenced, guaranteeing that when your loved one attends university the money is readily available, rather than them graduating with thousands of pounds of debt.

For further information please contact:

Helen Beach on 01708 784055 or at helenbeach@mplaw.co.uk

Cameron Emslie on 01708 784062 or at cameronemslie@mplaw.co.uk

or Jeremy Davies on 01708 784081 or at jeremydavies@mplaw.co.uk

NEW HOMES KNOW HOW

2011-08-25T04:20:00.001-07:00

Buying a new home is an attractive proposition for many. New homes are generally of good quality, are often eco friendly and sustainable which means that modern living can have a lower environmental impact, lower running costs and less maintenance.
It is often the case that buyers can put their own mark on the property by selecting their preferred finishing's and most new builds come with a ten year guarantee such as from NHBC or the like.
However, the legal work can be fraught if your Solicitor is not experienced in dealing with properties of this type. Common pitfalls are in relation to planning permissions, roads, sewers/drainage and the warranty itself. To ensure that you get the best possible advice, you need to instruct a Solicitor with a proven track record of handling this work. We have a team of experts, accredited by the Law Society, who are can guide you through the subtle legal intricacies of buying a new build.
For further information please contact our Residential Property Department on 01708 784000.

Social Media Policy

2011-08-23T01:32:00.000-07:00

On Friday 19th August 2011 the Romford Recorder featured the story of an employee from large store in Romford who had been dismissed after posting comments on a social media site.

For advice on implementing a Social Media Policy in your company or other employment law issues contact:

Ryan D'Souza on 01708 784090 or at ryandsouza@mplaw.co.uk

CAROLINE QUALIFIES

2011-08-15T02:34:00.000-07:00

We are pleased to confirm that Caroline Brooks has passed her final exam with a distinction. Caroline can now apply for her first Licence from the Council of Licensed Conveyancers. This means that Ashley Avis, Caroline Brooks and Deborah Marsh are all now qualified as Licensed Conveyancers following years of hard work, studying and exams. Claire Savill will qualify in the Autumn once she has completed the requisite work experience requirements.
Well done to Caroline - top of the class!

Planning Searches

2011-08-15T02:29:00.000-07:00

Buying your home is the biggest decision of your life and so you need as much information as possible to ensure that you make the right choice. When buying a home there will be searches that are essential such as the local authority search which provides details as to road improvements, enforcement notices, traffic controls and planning applications amongst other things. This information relates to the property itself. Equally, there are searches that are optional such as the Planning Search. This relates to the surrounding area.

This search has now been extended to a "Planning and Neighbourhood Report". This not only details planning applications but provides comprehensive information about the area in which you are buying.

There are sections on the following:-

Planning applications

Housing and neighbourhood

People

Education

Crime

Health

Amenities
This search will enable you to make an informed decision.
For further information on this search, searches generally or any aspects of the house buying and selling process then please contact one of our Residential Property experts on 01708 784000.

FIRST TIME BUYERS FRENZY IN JUNE

2011-08-12T02:26:00.000-07:00

The Council of Mortgage Lenders have reported that June saw the highest number of mortgages taken out by first time buyers in ten months. There was little change in lending requirements however and so first time buyers are still having to find larger deposits than the historic norm of 10%.

If you are a first time buyer wanting help with buying your first home then please contact us and we will be only too pleased to help. We can guide you through the legal complexities and advise you every step of the way.

Equally, if you are a family member wanting to assist a relative by helping with the deposit then please do contact us to discuss the options available to protect your interest, if appropriate.
Our Residential Property experts are CQS accredited and available until 7pm on Tuesdays, Wednesdays and Thursdays. Please contact 01708 784000.

Calling all Schools……

2011-08-10T06:38:00.000-07:00

Receive the benefit of our vast commercial experience when making your application for Academy status.

Our corporate and commercial property teams are available to advise on memorandum & articles of association, transfers of property and TUPE matters.

For more information call Denise Shelton on 01708 784093

Staff enjoy a summer BBQ in Epping Countryside

2011-08-08T01:39:00.000-07:00

Staff at Mullis & Peake were treated to a summer garden party at Chairman Peter Connells residence in Epping on Thursday 28th July

I’m sure all who attended would agree that the evening was a fantastic success. There was a host of delicious food from BB Cuisine, lots of beverages, and great music from Jamie Maguire who got plenty of people dancing and even a couple singing! Even the British weather was kind, as guests were treated to something truly few and far between – a genuine summer evening.

We’d all like to say a very big ‘Thank you Peter’, for a wonderful Party!

Conveyancing Quality Scheme

2011-08-03T08:03:00.000-07:00

We are delighted to confirm that we have been accredited with the Law Society's Conveyancing Quality Scheme (CQS).

This is a standard which provides clients with an instantly recognisable quality mark demonstrating a firm's excellence and firm commitment to client care. As buying a home is usually the most expensive purchase of anyone's lifetime, it is imperative that clients can rely upon the quality of service of CQS.
Our Head of Department, Melanie Carroll, says:

"The legal services market place will be subject to change in October. We want to be able to compete by providing a competitively priced and quality service . This quality standard will do just that".

We had to undergo a rigorous assessment process and will also be subject to an annual review.

If you would like to speak to a member of our Residential Property department then please do so on 01708 784000.

Property Surveys/Valuations

2011-07-27T04:01:00.001-07:00

If you are buying a property the principle 'Caveat Emptor' applies; this means, quite literally "Buyer Beware". As a buyer, you must satisfy yourself as to the structure and condition of the property and the best way of achieving this is to have a survey carried out. If it transpires that the property is defective or the valuation incorrect then you may have redress as against the Surveyor/Valuer.

If you are buying with the assistance of a mortgage, then your Lender will carry out a 'Lender's Valuation'. However, this is merely a valuation and you should not assume that there are no defects. The purpose of the valuation is to ensure that you are paying the right price. It is our firm recommendation that all buyers have a full survey carried out.
In the case of Smith v Bush [1990] the Court decided that valuers instructed by Lenders owe a duty to the buyer. In the recent case of Scullion v Bank of Scotland t/a Colleys [2011] the position was reconsidered in relation to buy to let properties and in this case it was decided that no duty was owed because of the commercial nature of the purchase.
In view of the uncertainty created by the above, our practical advice must be that all buyers obtain their own separate survey and valuation.
For further advice on buying property then please contact our Residential Property department on 01708 784000.

Brentwood Gazette Article

2011-07-21T07:35:00.000-07:00

Please see below an article in the Brentwood Gazette written by Melanie Carroll of this office. To contact Melanie please call 01708-784005.

2011-07-20T03:59:00.000-07:00

The proposed high speed rail link between London and the West Midlands (commonly referred to as 'HS2') has implications for clients buying and selling property in the affected area. The planned route travels north west from London.

The HS2 scheme is still in its early stages and a consultation on the Government's proposed high speed rail strategy and the recommended route for HS2 was launched by the Department for Transport on the 28th February 2011. It is expected that the consultation will last the year with a decision being made at the end of 2011.

If you are buying a property in an affected area your Solicitor needs to be aware of the proposals and consider whether it is necessary to make further enquiries to establish whether the property or land in question will be affected. While there is a very real possibility that the scheme will not go ahead, there is still the potential for blight.
At best, property or land may be temporarily affected by the construction works and there may be noise pollution. At worst, the property may become the subject of a compulsory purchase order. It is likely that affected property may reduce in value too.
The proposed HS2 route is available on the HS2 consultation website at http://highspeedrail.dft.gov.uk/in-your-area.
For further advice on enquiries that can be made please contact one of our Residential Property Experts on 01708 784000.

St Francis Hospice Wills Fortnight

2011-07-17T23:51:00.000-07:00

Mullis & Peake LLP has previously participated in the St Francis Hospice Wills Weeks, raising thousands of pounds for the charity.

We will also take part in the 2012 Wills Fortnight for St Francis Hospice. Genevieve Gallagher said: “We are delighted to be supporting Saint Francis Hospice Make a Will Fortnight as it is such a worthy cause. People don’t always realise that if they don’t make a will, there are rules of law which set out who will inherit their Estate which may mean that their assets do not necessarily go where they would like.”

During 5th-16th March 2012, all you need to do is contact us to make an appointment to have a basic will prepared, and quote “Make a Will Fortnight for Saint Francis Hospice”.

At the meeting we will give advice based on your circumstances and what you want in your will. If you agree to go ahead, we will then ask you to donate our usual will writing fee to Saint Francis Hospice.

If you would like advice on making a Will contact Genevieve Gallagher on 01708 784047 or at genevievegallagher@mplaw.co.uk

Patterson Hawthorn Estate Agents

2011-07-15T09:04:00.000-07:00

Mullis & Peake LLP, in conjunction with Patterson Hawthorn Estate Agents, sponsored the Somers Heath School Fun Day on the 9th July 2011. The weather remained dry and the attendance was excellent.

The Patterson Hawthorn boards, with Mullis & Peake LLP were very well placed around the school, and looked really good.
Caroline Brooks, who works at our Chadwell Heath office as a Conveyancing Assistant, attended with her family. Her Daughter, Amelie, particularly enjoyed the bouncy castle!
There were donkey rides for children there too, a radio station playing live, and a childrens majorette display, which was very sweet. There were also collections for charities which Caroline was pleased to donate to on behalf of Mullis & Peake LLP.
Caroline had the opportunity of meeting Jeanette Ripton who was the organiser, and who thanked her for attending.
Our Residential Property Team were thrilled to be involved with this annual event.
For further information please contact Caroline Brooks on 01708-784037