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Infographic: Marriage vs Cohabitation - A Snapshot of the Differences

13 Dec 2019

Cohabitation is an arrangement whereby a couple live together as one household, but are not married or in a civil partnership.  It is a common myth in family law that couples who cohabit for a long period of time, and particularly those with children, acquire rights equivalent to those of a married couple by virtue […]

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The Data Protection Fee: what is it and do I need to pay it?

09 Dec 2019

What is the data protection fee? It is the fee payable by data controllers to the Information Commissioner’s Office (“ICO”) when they register with the ICO and funds the ICO’s activities. All data controllers are required to register with the ICO and pay the fee unless they are exempt. Do I have to pay the […]

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What does the general election mean for family law?

06 Dec 2019

Whatever your views on the “B word” and the current state of politics in the UK, family lawyers across the country were almost unanimous in their despair when the prorogation of Parliament spelt the end for the introduction of no-fault divorce and the draft Domestic Abuse Bill. To coincide with the upcoming general election on […]

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To Airbnb or not to Airbnb… that is the question

29 Nov 2019

Since Airbnb was founded in 2008, the demand for private holiday rentals has grown significantly and there has been a subsequent rise in the number of homeowners using short-term rentals as an opportunity to generate additional income from their spare room or house. Here, the Kuits real estate finance team outline a few of the […]

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Three important things you might not know about your legal rights as a cohabiting/non-married parent

26 Nov 2019

1. You are not entitled to claim ongoing financial support from your former cohabitee for yourself Unlike married couples, you are not entitled to claim any financial support or maintenance for yourself from your former cohabitee should you both decide to separate. However, married or not, most people understand that when you separate from the […]

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Supreme Court provides further guidance on when landlords may reasonably refuse a tenant’s request

08 Nov 2019

Sequent Nominees Ltd (Formerly Rotrust Nominees Ltd) (Sequent) v Hautford Ltd (Hautfort) [2019] UKSC 47 The UK’s highest Court has this week ruled that a freeholder was entitled to refuse consent for a leaseholder to apply for planning permission that might substantially enhance the tenant’s ability to buy out the freehold. In this case, the […]

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“Love Contracts”: can employers stop relationships at work?

06 Nov 2019

News that McDonald’s chief executive officer, Steve Easterbrook, has recently been fired following a consensual relationship with a colleague at work has provoked surprise amongst many in the media. McDonald’s said that he had violated their company policy on relationships at work, which led to a conflict of interest. This news comes off the back […]

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Kuits successful appeal involving the interpretation of Section 265 of the Insolvency Act 1986.

31 Oct 2019

Manchester commercial law firm Kuits has been successful in an appeal involving the interpretation of Section 265 of the Insolvency Act 1986. Specialist insolvency solicitor for Kuits, Vanessa Stuart, acted on behalf of the Appellant, instructing barrister Eleanor Temple of Kings Chambers. In the case of David George Charlton v (1) Funding Circle Trustee Limited & […]

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HMRC tax investigations: why you should speak to a lawyer first

30 Oct 2019

The pressure on HMRC from the government to increase the number of criminal prosecutions for tax evasion is mounting. In 2010, the government gave HMRC £900m to combat non-compliance in the tax system; subsequently, the number of convictions from HMRC prosecutions increased by 93%. This has also led to a rise in the number of […]

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When buybacks bite back

23 Oct 2019

The buying back of shares by a company from its shareholders is a commonly used mechanism to: Allow a shareholder to exit; or to return surplus cash to shareholders. What is a buyback? The process of a company giving cash to its shareholders in return for its shares, which are then cancelled. It is strictly […]

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High Court finds that a landlord’s right to forfeiture cannot be altered by a CVA

24 Sep 2019

On 19 September 2019, the High Court ruled on the landlords’ challenge against Debenhams’ CVA and found:- 1. Future rent falls within the definition of a debt and therefore landlords are creditors bound by a CVA; 2. A CVA that reduced rent under an existing lease is not automatically unfair; 3. The right to forfeiture […]

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HR Bulletin - August 2019

14 Aug 2019

Case Law Update Kocur v Angard Staffing Solutions Limited – Agency Worker Regs do not give agency workers entitlement to same hours as permanent employees The Agency Workers Regulations 2010 entitles an agency worker to the same conditions of work as a permanent employee. Mr Kocur was an agency worker providing temporary services to the […]

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Building families through surrogacy: A new pathway

08 Aug 2019

Becoming a parent is the greatest day in many people’s lives, and more and more people are turning to surrogacy to start a family, yet the laws governing surrogacy came into effect in the mid-1980s and in the view of many legal practitioners need updating. In the UK, surrogacy is governed by the Surrogacy Arrangements […]

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Shareholders’ agreements: Everything you need to know

05 Aug 2019

We understand that it can be a struggle to find time to get your company’s housekeeping straight. In particular, it’s not always obvious why it’s worth putting in place a shareholders’ agreement. If your company is a private company limited by shares, ensuring that all shareholders are happy from the outset with their protections and […]

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HMRC Inspections: My business is being targeted - what do I do?

10 Jul 2019

HMRC has established several taskforces to focus in on various tax evasion hotspots, which are yielding big returns for the tax authority. Why might my business be a target for a HMRC tax investigation? For some businesses, handling mainly cash transactions has made it easier for them to commit fraud by under-declaring their income. Such […]

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Developers – Divide and Conquer!

06 Jun 2019

The housing crisis may in fact help developers solve the housing act! Confused – read on.   Historically, neighbours have relied on restrictive covenants to prohibit the subdivision of larger properties, but perhaps, not for much longer.   S610 Housing Act 1985 provides scope for challenging restrictions that prevent the conversion of larger units into […]

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The buck stops with you...or does it?

14 May 2019

A company is a distinct legal personality, but there are circumstances where directors (the decision-makers) and shareholders (the owners) of companies can be held personally liable for the actions of a company, such as when they act outside of their authority or don’t follow the rules, a few examples of which are set out below: […]

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Why ‘common law marriage’ is a myth

03 May 2019

The number of unmarried couples living together in the UK is the fastest growing family-type. In a survey carried out by Resolution, the national organisation of family lawyers, it was found that two-thirds of cohabiting couples were under the misconception that ‘common law marriage’ exists when separating their finances upon the breakdown of the relationship. […]

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Tenant Fees Act 2019 to come into force on 1 June 2019

18 Feb 2019

On 12 February the Tenant Fees Act 2019 received Royal Assent.  The Act restricts the ability of landlords and letting agents to charge certain fees to tenants and prospective tenants of assured shorthold tenancies, residential licences and student accommodation in England. The provisions will come into force on 1 June 2019 for new and renewal […]

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Government consults on SDLT surcharge on acquisition by non-UK residents of residential property

18 Feb 2019

On 11 February HM Treasury and HMRC published a joint consultation in respect of a proposed 1% SDLT surcharge on non-UK residents purchasing residential property in England and Northern Ireland. This measure was first announced in the Autumn 2018 Budget. Key features of the proposal include: A surcharge of 1% on top of existing SDLT […]

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What SME business owners can learn from the Bezos divorce

25 Jan 2019

This week, Amazon CEO Jeff Bezos and his wife of 25 years, MacKenzie, announced their divorce. Considered to be the world’s wealthiest man, Jeff has an estimated fortune of around $137 billion. With no pre-nuptial agreement or post-nuptial agreement apparently in place, MacKenzie is expected to receive half of his amassed fortune upon completion of […]

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No-Deal Brexit: Commercial Contracts/Relationships

16 Jan 2019

On the 15 January 2019, MPs overwhelmingly rejected Theresa May’s proposed Brexit deal. Assuming she survives today’s no-confidence vote, the PM now has a further period of three working days to present a revised deal or submit a different approach.  If there is not a general consensus in parliament for this (or she does not […]

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Brexit No-Deal: Data Protection Impacts

16 Jan 2019

Yesterday (15 January 2019), MPs voted against Theresa May’s proposed Brexit deal and the PM today faces a vote of no-confidence. If May survives the vote, she will have three working days to come up with and present to MPs a “Plan B”. Failure to receive backing for Plan B could result in a “no-deal” Brexit. […]

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Supreme Court ruling changes landscape for landlords and tenants

17 Dec 2018

A recent Supreme Court ruling has given tenants increased rights As most landlords and tenants will know, where a property is occupied by the tenant for the purposes of its business and is not contracted out of the Landlord and Tenant Act 1954 (the “Act”), a tenant will have security of tenure, which means they […]

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The Dangers of Distribution

10 Dec 2018

As shareholders and/or directors of successful businesses, many of our clients are regularly dealing with distributions, but we find that they are not always aware of the complicated laws surrounding how distributions can be lawfully made. These laws are designed to protect creditors. What is the danger? If distributions are unlawful, they can be clawed […]

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