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Latest blog entries

Jul1

Living Apart Together - Recession Help for Leeds Couples

write commentPosted in Industry News by Rachel Spencer Robb | 01.07.09

I am the Public Relations Officer for West Yorkshire committee of Resolution, an association of over 5700 family lawyers in England and Wales. Established 25 years ago, it promotes a non-confrontational, constructive approach to resolving family disputes. To find out more, visit http://www.resolution.org.uk/)I set out below a press release issued today to provide assistance to couples who have to live apart but in the same household:"Despite talk of an economic recovery, the recession is still making life hard for couples in Leeds wanting to move on after...

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Jun29

Abuse of process to issue protective proceedings prior to assignment of the cause of action

write commentPosted in Industry News by Justine White | 29.06.09

The case of Pickthall v Hill Dickinson (1) and Martindale (2) [2009] EWCA Civ 543 was appealed by the appellant, Hill Dickinson Solicitors, on the question of whether a claim commenced against them by the respondent, Pickthall, should not be struck out as an abuse of process.Background Hill Dickinson had acted for Pickthall in the sale of his shares in a company. After completion of the transaction had taken place, an administration order was granted to the purchaser of the company and an injunction was granted against Pickthall preventing him from dealing with the completion monies. Various claims against Pickthall were upheld...

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Jun25

More Maintenance for McFarlane

write commentPosted in Industry News by Sarah Sevitt | 25.06.09

A wife whose marriage was the subject of one of the landmark judicial decisions of recent times has succeeded in her bid for an increased level of maintenance payments from her former husband.Julia McFarlane will now receive a minimum of £350,000.00 a year from Mr McFarlane, who is a partner at Deloitte. The maintenance will comprise 40% of his income up to £750,000.00, 20% of income between £750,000.00 and £1million, and 10% of income over £1million. Mr McFarlane's income has increased from £750,000.00 at the time of the divorce in 2006, to £1.1million. It is possible for parties who have already reached a financial settlement, or had an...

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Jun22

Going, Going, Gone: Buying and Selling Property at Auction

write commentPosted in Industry News by Hannah Montague | 22.06.09

According to the Council of Mortgage Lenders, there were 22,700 repossessions last year, with figures expected to top 30,000 in 2009.Many buy to let landlords and struggling businesses are experiencing difficulties keeping up with mortgage payments and facing repossession. A large number of these properties, both commercial and residential, will end up in auction houses and we are increasingly seeing buyers with finances in place who are looking to boost their property holdings by picking up a bargain at auction. The advantages of buying at auction are clear; bids are transparent, you will own the property relatively quickly (commonly completion is 28 working days from the date of the auction),...

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Jun12

The Benefit of an All Monies Guarantee

write commentPosted in Industry News by Jonathan Simms | 12.06.09

The recent unreported case of Bank of Scotland plc -v- (1) Constantine Makris (2) Ben O'Sullivan ChD, 2009 reaffirms the need for lenders to ensure that their standard form personal guarantees are for "all monies" rather than a specific liability.  General Principle The liability of a guarantor under a personal guarantee is always contingent on the underlying obligation which it is actually guaranteeing.  If the parties to the underlying obligation decide to vary the obligations to the extent that the variation could be considered detrimental to the guarantor without first securing the guarantor's consent, then the guarantor may...

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Jun9

Redundancy pay rise

write commentPosted in Industry News by Laura Mitchell | 09.06.09

Further to my blog of 23 April 2009, the Government has now confirmed that the increase in the weekly limit used to calculate statutory redundancy payments from £350 to £380, will take place on 1 October 2009. Statutory redundancy payments are calculated by using a formula that takes into account a person's age and length of service. This formula results in a number of weeks' pay, which is then multiplied by the employee's weekly pay subject to a maximum of, currently £350 per week. As of 1 October 2009, this figure will rise to £380. The Government announced in the 2009 Budget that it would be making ...

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