Kent Solicitors

Fixed Fee Meetings

2009-06-28T08:00:00.001+01:00

We offer fixed fee meetings to discuss your unique situation. Local appointments in Kings Hill, near Maidstone, Kent. Early morning or evening appointments are available.

For further details call Luke English direct on 01732 897 971 or by email: lde@kaslers.co.uk

Alternatively please ring the office number 0845 270 2511 (local rate) and ask for Luke.

Effects on EPA's and LPA's

2009-06-17T21:34:00.005+01:00

A client executed an Enduring Power of Attorney (EPA) prior to 1st October 2007 and a Lasting Power of Attorney (LPA) in respect of personal welfare on 3rd October 2007. The client’s business has failed and he faces bankruptcy. The EPA will be affected and made invalid. However, the LPA is not invalidated. The reason for this is because the LPA relates to personal welfare.

If you are concerned about your situation in relation to EPAs and LPAs please contact Vanessa Adamson direct on 01622 844607

Job Opportunity

2009-06-17T17:36:00.001+01:00

Kaslers Solicitors LLP require a Scanning operative for our Kings Hill office

We need a responsible and reliable person to scan paperwork into our computers systems and email it to the appropriate member of staff.

Hours: Weekdays, before 10.00 and after 1700 hours. Weekend hours can be more flexible.

To discuss this opportunity further, please telephone Zal Virjee on 0845 270 2511

Probate and Inheritance Tax Values of Property

2009-06-15T08:00:00.000+01:00

Executors may need to consider naming a particular type of relief (under Section 178-198 Inheritance Tax Act 1984) if the value of a property comprises if an estate falls well below the value declared for probate purposes.

If the property is genuinely un-saleable, there may be a way round the anti-avoidance provision to the effect that such relief is not available if the property is sold to a beneficiary.

Call Vanessa Adamson 01622 844 607 on to discuss further

Rushing to Decree Absolute

2009-06-08T08:00:00.000+01:00

Many a divorcing spouse likes to get their Decree Absolute through as soon as possible. This can be dangerous if you have not yet sorted out your finances and incorporated them in a Court Order. If your former spouse dies after the date of the Decree Absolute, you will not be regarded as a spouse for the purposes of their pension and you could lose out on the widows or widowers benefits thereunder.

Call Michelle Brennan on on 07795 821 793 to discuss further

Withdrawal of Mortgage Offer

2009-06-04T08:00:00.000+01:00

Most contracts to buy a house/flat contain no provision allowing the buyer to pull out, if the lender withdraws the mortgage offer. You might want to instruct your solicitor to insert such a condition, especially where you are buying a new build and the builder may take his time completing the development.

Cost of HIP's

2009-06-01T14:43:00.004+01:00

Paul Marsh, president of the Law Society, has warned sellers to check that they are not being overcharged by their estate agent for their HIP. The simple way to avoid this is to arrange the HIP yourself, via an independent party, which you are fully entitled to do and it will save you money. We can arrange HIPs for any property in England and Wales, which will be 100% commission free.

Call Simon Scott, Kaslers Solicitors LLP, on 0797 991 661 for further details

Enforcing Child Contact

2009-06-01T08:30:00.000+01:00

How do you get a mother (or father) to obey a child contact order? Until recently the Court had very blunt powers. Sending a parent to jail for contempt of court was not good for the child!

Now the Court can require the parent to carry out unpaid work and can order them to pay compensation for financial losses to the other parent, eg wasted travelling expenses or loss of earnings.

Call Michelle Brennan on 07795 821 793 to discuss further.

Approaching end of Business Leases

2009-05-29T08:00:00.000+01:00

If you are a business tenant in occupation approaching the end of your business lease and paying what you perceive to be an historically high rent, get your request for a new lease at current market rental as soon as possible.

Call Simon Scott on 0797 991 661 to discuss further.

Stamp Duty Land Tax

2009-05-27T08:30:00.000+01:00

Unlike the old stamp duty which was a one-off payment due when a lease was granted, stamp duty land tax is an ongoing tax which may need to be adjusted throughout the term of the lease.

This means that someone taking an assignment of the lease needs to understand thoroughly the SDLT history of the lease to ensure that they do not inherit any unpleasant surprises.

Call Simon Scott on 0797 991 661 to discuss further

New IP and Media Department

2009-05-26T08:30:00.000+01:00

Kaslers Solicitors LLP are pleased to announce the recruitment of Luke English to the Kings Hill based law firm to launch a new IP and Media Department.

Luke joins Kaslers with over 10 years London experience with the BBC, Walt Disney, PIAS and Wall of Sound in the world of media law, intellectual property rights, contracts and licensing.

Michael Breeze, Senior Partner at Kaslers, said, "with Maidstone Studios, the University of Creative Arts in Maidstone and the ever increasing popularity of music festivals in Kent, Kaslers was ideally placed to launch a new dedicated Department"

Luke English commented: "I am looking forward to applying my skills, drive and enthusiasm for the benefit of Kent based members of the creative arts. I would like to talk to Managers, Record Labels, Musicians, Actors, Actresses, Writers and Dancers who have got that "big break" but need legal advice on their contract from someone who knows the entertainment profession”.

Road Traffic Accident Department

2009-05-21T08:00:00.002+01:00

Kaslers Solicitors LLP are pleased to announce that they now have a specialist Road Traffic Accident department managed by Chris Lodge.

Chris can deal with any road accident claim, with or without injury, anywhere in the UK.

In almost all injury claims, the legal fees associated with the claim will be met by the insurers of the party responsible and the claim will be handled on a No Win No Fee arrangement.

Further information about road traffic accident matters and "no win no fee" arrangements please go to our dedicated website at http://www.car-accident-advice.co.uk/

Call Chris Lodge on 07850 255312 or call 0845 270 2511 to set up an appointment

Employed or Self- Employed?

2009-05-20T13:20:00.002+01:00

Many employers and their workers try to structure their relationship so they are treated as employer and self-employed independent contractor, rather than employee.

Clearly a genuine self employed independent contractor can send a long whatever workman/staff he likes to do the job and he is not obliged to render a personal service himself. A clause to that effect should appear on the contract, though this is not foolproof as a Court could hold it to be a sham. The self-employed status is much more likely to be upheld if a substitute worker is sent from time to time.

Employers should take advice on the employment law and tax implication of trying to structure their workforces as employees, agency workers and self-employed independent contractors.

Call Michael Breeze on 07 900 195 195 to discuss further

Fellow of the Institute of Paralegals

2009-05-11T10:33:00.003+01:00

We are pleased to announce that Vanessa Adamson has been elected as a Fellow of the Institute of Paralegals. Congratulations Vanessa!

Enduring Power of Attorney and Lasting Power of Attorney

2009-05-07T15:15:00.002+01:00

My clients business has failed and he faces bankruptcy.

He executed an Enduring Power of Attorney (EPA) before 1st October 2007 and a Lasting Power of Attorney (LPA) in respect of personal welfare on 3rd October 2007. Are they affected?

(1) An EPA, whether registered or unregistered, is revoked if either the donor or any of his attorneys become bankrupt (Schedule 4 Part 1 2 (7) of the Mental Capacity Act 2005).

(2) As the LPA is in relation to personal welfare it is not revoked (Section 13 (3) Mental Capacity Act 2005).

If the LPA was in respect of property and affairs it would be revoked.

Please see the website of the Office of the Public Guardian at www.publicguardian.gov.uk and the Law Society's practice note for solicitors on Lasting Powers of Attorney.

Design and Legal Rights

2009-05-07T13:12:00.001+01:00

Question:

I have designed a new unique / bespoke hinge for a potential customer to use on a new electronic cabinet. This customer is now trying to get other sources to manufacture this hinge and cut me out of the business.Do I have any legal rights? Design rights etc...?

Answer:

Unregistered Design Right (“UDR”) protects design features of shape and configuration of the whole or part of an article, provided that the design is not “commonplace” in the design field at the time of its creation.

UDR protects industrial designs and other designs, whether or not these designs appeal to the eye.

UDR is not acquired by registration, but is acquired automatically when a design is created.

In the UK, UDR lasts for 10 years from the year of first marketing.

In the last 5 years, anyone who wants a licence to use the design can have one, on terms set by the UK Intellectual Property Office (UKIPO) if the parties cannot agree terms.

To take action against an infringer of an Unregistered Design Right, it is necessary to satisfy a court that you are the owner of the design, and that the infringer has copied the design or a substantial part of the design (as opposed to having created a similar design independently.

Access and Maintenance to Private Land

2009-04-30T19:13:00.004+01:00

Question:

My back garden backs onto a road which the Council tells me is not classified as a public highway but privately owned land. Between the side of the road (it is a tarmac road) and my back fence is a strip of land about 2 foot wide. This is shown on the deeds as my land. 9 years ago we wanted to move our fence line out to the side of the road, but neighbours complained to the council. The council then told us that even though we owned the land we could not move the fence. They said I could plant trees, but not erect posts.

We now try to maintain this strip of land, but it is constantly being driven over when neighbours park their cars outside their houses narrowing the road to such an extent that to pass, vehicles drive onto our land.

I have put large logs on the land to try to stop this happening but the neighbours constantly move them.

In addition our fence is being damaged by wing mirrors of large vehicles driving on the land. I am getting nowhere with the council and what I want to know is can I errect small posts along the border to stop people driving on my land.

What can I do to resolve these issues?

Answer: The presumption is that the landowner can do what he likes with his land, subject to getting planning permission and not causing danger, harm or injury to other people.

You should ask the council to quote "chapter and verse" as to why you cannot move your fence or erect posts. Ask them whether they can object to you building a rockery there.

Some land owners place large, ‘too heavy to move’, and usually unsightly blocks of stone on their land.

You can apply to the court for a declaration that whatever your proposed plans might be, they are lawful.

Tenancy - Capital Gains Tax

2009-04-30T18:13:00.005+01:00

Question:

I own a flat which I have rented out for ten years. The tenant has moved out and I do not want to pay capital gains tax. If I moved into the flat, how long would I have to live there before I could sell the flat and therefore not pay capital gains tax?

Answer: It is bit more complicated than that - the gain is apportioned depending on the time you have occupied it (you being deemed to have occupied it in the last 3 years of ownership).

Step1: Working out the capital gain or loss for 2008-09

Work out how much you received for your property

This is normally the amount of money you receive when you sell or dispose of the property.

However, in some cases, you might have to use a different figure, for example:

If you give your property away, you use its ‘market value’ (the price the property might reasonably be expected to fetch if it had been sold on the open market).

If you intentionally sell your property for less than it is worth you use the property’s market value.

If you sell your property to a "connected person", such as a close relative or a company you control, you use the propertys market value.

Your husband, wife or civil partner is a connected person. If you are separated for the whole of the year in which you sell or dispose of a property to them, market value applies. However, if you transfer a property to your husband, wife or civil partner and live together at some time in the tax year in which you make the disposal, you usually won't have to pay any Capital Gains Tax on that disposal.

If you exchange your property for something else, you usually use the value (in money terms) of whatever you swapped it for. Sometimes you may have to use the market value of your property instead - for example if the exchange is with a connected person as above.

Work out how much your property cost

The cost of your property is often the amount you paid for the land, building or lease when you bought or acquired it.

However, in some cases, you might use a different figure, for example:

If you received the property as a gift and there has been no claim for Gift Hold-Over Relief, you use its market value at the time you received it.

If you inherited the property, you use its market value on the date of death of the person who left it to you.

If you sold or disposed of part of the land or property, you use a proportion of the cost.

If you sell or dispose of a lease which has less than 50 years to run, you can normally deduct only a part of the cost. The amount depends on the length of the lease left.

If you owned the property on or before 31 March 1982, you use its market value on that day.

If you received the property from your husband, wife or civil partner when you were living together you usually use the amount the property cost them. You may be able to use the Indexation Allowance if they originally bought the property before 1 April 1998 and transferred it to you before 6 April 2008.

You may also be able to use the 31 March 1982 value if they owned the property then. Contact your Tax Office for more information if you think that either of these applies.

If you have to value an asset when working out your capital gains, you can use form CG34 Post Transaction Valuation Check to ask HM Revenue & Customs (HMRC) to check your valuation.

You should complete and send form CG34 to your Tax Office before you complete your Self Assessment tax return. Please allow at least two months for HMRC to provide the valuation.

Work out how much you spent on buying, selling or improving your property

If you have spent extra money on buying, selling or improving your property, you can deduct certain costs. The following costs can be included:

Fees or commission for professional advice or services, for example Capital Gains Tax valuations and estate agent or advertising fees

Stamp Duty Land Tax and VAT (unless you can reclaim the VAT)

Improvement costs to increase the value of the property (you can't include normal maintenance or repair costs)

Step 2: Applying tax reliefs

Once you've worked out your capital gain so far, you may be able to apply tax reliefs to reduce your gain. These include:

Private Residence Relief

This is a tax relief which makes sure you usually don not have to pay Capital Gains Tax when you sell or dispose of your own home. See below regarding apportioning gain.

Business Asset Roll-Over Relief

This may be available if you sell or dispose of business assets and reinvest the amount you received in certain other business assets.

Entrepreneurs Relief. This may be available if you sell or dispose of business assets.

Gift Hold-Over Relief. This may be available if you make a gift of a business asset.

Step 3: Working out how much to pay

Through step 1 and step 2, you have worked out the basic gain on the property and applied reliefs. If you sell or dispose of other assets in 2008-09, you must repeat these basic steps to work out the separate gain or loss for each asset.

When you have worked out each gain or allowable loss, you add them together to work out the total gain (or loss).

You must claim an allowable loss in order to be able to use it.

You can do this on your tax return or by writing to your Tax Office.

If you have made a total net gain you can reduce it if you have unused allowable losses from earlier years.

You only use enough losses from earlier years to reduce your total gain to the same amount as the annual tax-free allowance (known as the Annual Exempt Amount). The Annual Exempt Amount is 9,600 pounds for an individual for 2008-09.

You should deduct the Annual Exempt Amount from any remaining total gain.

You then work out the tax due. The rate of Capital Gains Tax is 18 per cent for 2008-09.

You do not have to pay Capital Gains Tax if your total gain is smaller than the Annual Exempt Amount.

Apportioning the Gain

Calculate number of days owned = X

Calculate number of days occupied (assume occupied for last 3 years) = Y

Calculate chargeable number of days X-Y=Z

Chargeable gain is total gain multiplied by Z / X

Disputes with ex-partners

2009-04-30T12:32:00.000+01:00

Question:
I have split with my former partner but she refuses to move out of the home we shared. We have been together for 5 years and have a 3 year old child. The house has been fully financed by me, with a mortgage in my sole name with no contribution from my ex-partner.
She contributes a nominal amount towards bills, but I pay all bills. She works full time.
I want her to move out the house and have offered to help her financially to find and furnish a new home for her and my son. I have also offered to pay maintenance but she does not want to accept my offer and wishes to go through the CSA and take the legal route.
Please could you advise on my position with regard to her being forced to move out.

Answer: As the property and mortgage are in your sole name, unless your ex-partner made a substantial financial contribution to the value of the property e.g. by paying for building works or improvements, she will have no entitlement to any share of it.

However, as you have a child together it may be possible for her to secure the use of the home for her and your son. Then when your son completes full time education, the ownership of the home would revert to you. This claim would only succeed in exceptional circumstances. Your only obligation is to support your son financially by paying maintenance to your ex-partner.

Supply of Goods

2009-04-29T15:14:00.000+01:00

Question:

In December 2008 I ordered a machine with a separate attachment from a company for business use. The machine was delivered on 22nd December without the attachment. This was promised for the end of January. The attachment wasn't delivered and after three attempts to contact the company I received, by email, notification that they were in the process of redesigning the attachment for increased performance. They stated that they had anticipated it being ready but had encountered problems and therefore the part was not ready.

The attachment adds significantly to the functionality of the machine and not available from other manufacturers as they would be incompatible.

Without the attachment the machine does not match my requirements specified when I placed the order. The Sale of Goods Act states that goods should be fit for purpose. Can I claim a full refund and return the machine to at their cost? If the company refuse a refund what would be my next step? The machine cost 5000 pounds.

Answer:

You must review the terms of the contract to see what it said about delivery times and delay. If there are no explicit provisions, write giving a reasonable period for delivery but now making “time of the essence” of the contract so far as delivery is concerned. Reject the goods if delivery is not made in that period and then sue for the return of your money.

If you are experiencing problems with supply of goods please ring Michael Breeze to discuss further 07 900 195 195

Funding for Care in Old Age

2009-04-29T12:30:00.000+01:00

Question:

My parents own their home and are concerned that should they need to go into a care home the home which they have paid for will be used to fund their care in old age and not passed down to their children.

Is there any way my parents can avoid this?

The house has been left to their children in their wills but can they gift it now or can we buy it off them to avoid the house being sold to pay for care?

Answer:
There is no easy route to depriving oneself of capital and throwing oneself on the tender mercies of the local authority

The governments view appears to be that people should save to support themselves in their old age and that the tax/ratepayer should not fund their care fees so that they can pass on wealth to their children.

If an elderly person asks a local authority to fund care fees, they check into his / her past finances to see if he / she has intentionally deprived herself of assets and if so, seek to claw it back by way of contribution / payment of nursing home fees

For further details please refer to The Charging for residential accommodation guide (CRAG) in support of The National Assistance (Assessment of Resources) Regulations 1992 (S.I. 1992/2977): Update April 2005 -
http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4107292 and in particular para 6.057 onwards.

Business Ventures

2009-04-28T13:57:00.001+01:00

Before starting a business you need to sit down with the people who are going to be involved and agree, in writing, money and time investments, rewards, exit routes and strategies.

If you do not, if the business owners have a disagreement the legal work has to concentrate on analyzing conversations to establish what the agreements were - a labour intense exercise and one where the conclusions may well be disputed by the parties involved.

If a disagreement occurs there are usually the following options if the other business partners want to get rid of a partner.

Option A
Spend money on lawyers and accountants to argue your dismissal / the deal and the value of your shares, with the hope that they can agree to get increase in offer more than costs spent or alternatively risk the venture going bust and getting nothing.

Option B
Spend your time arguing your dismissal / the deal and the value of your shares with the hope that they can agree to get increase in offer more than costs spent or alternatively risk the venture going bust and getting nothing.

Option C
Sit tight and do nothing. Hope that one day someone will offer a lot of money for the shares or risk the venture going bust and getting nothing.

Option D
Grab the money on offer. Put the whole thing down to experience. Resolve to deal with businesses matters properly next time

If you want help setting up your business contact Michael Breeze on his Mobile:
07 900 195 195 email: mdb@kaslers.co.uk

Inheritance Tax 2009-10

2009-04-27T11:09:00.001+01:00

The individual IHT allowance is increased to £325,000.

Property Payment of Mortages

2009-04-14T09:00:00.000+01:00

Question:
I have just helped my common law partner pay off the mortgage on our home and would like to get my name put on the title deeds. What do we need to do? Is there any stamp duty payable?

Answer:
It would have been safer to have consulted a solicitor at the time you paid off the mortgage in case anything happens to either or you. However, a Transfer document can still be prepared and signed and new ownership registered at HMLR.

Yes, Stamp Duty may be payable, but this depends on the amount paid.

You also need to consider, as you are not married, whether you wish to hold the property as joint tenants or, if not, in what shares you hold the property as tenants in common.

For further details please contact Simon Scott on 07979 916 619 or email ss@kaslers.co.uk

Supply of Goods

2009-04-10T10:00:00.000+01:00

Question:

In December 2008 I ordered a machine with a separate attachment from a company for business use. The machine was delivered on 22nd December without the attachment. This was promised for the end of January. The attachment wasn't delivered and after three attempts to contact the company I received, by email, notification that they were in the process of redesigning the attachment for increased performance. They stated that they had anticipated it being ready but had encountered problems and therefore the part was not ready.

The attachment adds significantly to the functionality of the machine and not available from other manufacturers as they would be incompatible.

Without the attachment the machine does not match my requirements specified when I placed the order. The Sale of Goods Act states that goods should be fit for purpose. Can I claim a full refund and return the machine to at their cost? If the company refuse a refund what would be my next step? The machine cost £5000.

Answer:

You must review the terms of the contract to see what it said about delivery times and delay. If there are no explicit provisions, write giving a reasonable period for delivery but now making “time of the essence” of the contract so far as delivery is concerned. Reject the goods if delivery is not made in that period and then sue for the return of your money.

If you are experiencing problems with supply of goods please ring Michael Breeze to discuss further 07 900 195 195