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Is entrepreneurs' relief about to be reduced or disappear altogether?

21 Feb 2020

It was well documented in the run up to the December election that, had Labour won, they would have scrapped Entrepreneurs’ Relief. What was less well-publicised was that hidden in the Conservative manifesto was also a statement that they would seek to review and potentially reform it. A reminder of what Entrepreneurs’ Relief is Entrepreneurs’ […]

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HR Bulletin - February 2020

20 Feb 2020

Case Law Update Casamitjana v The League Against Cruel Sports – Tribunal rules that vegans are protected by discrimination law Mr Casamitjana is an ethical vegan who worked for an animal welfare charity. He alleged that he was dismissed after he raised concerns that his employer’s pension fund was being invested in companies involved in […]

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Coronavirus: what employers should consider?

20 Feb 2020

With the risk to the public from coronavirus being increased from low to moderate in the UK and nine people testing positive for the virus in England, we have seen an increase in employers seeking advice on how this could affect their workforce and what options are available to them. Below are some of the […]

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Developers: understanding estate rent charges

17 Feb 2020

Leasehold houses, ground rents, service charges and estate rent charges are currently hot topics in the media. Whilst the political landscape is still currently dominated by Brexit, consultation regarding changing the law in these areas have been undertaken and legislative changes are anticipated sooner rather than later. One of the issues being discussed in the […]

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Licensing Hours Extended for VE Day Bank Holiday

13 Feb 2020

The Home Secretary has confirmed a blanket extension to licensing hours on both Friday 8th and Saturday 9th May to mark the 75th anniversary of VE Day. Many pub and bar operators will already be aware that the traditional Monday Bank Holiday has shifted to the Friday in honour of this anniversary, and may be […]

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UK Insolvency Statistics: 2019

06 Feb 2020

Last week, the Insolvency Service released the statistics for Q4 2019 (October to December), including a review for 2019 as a whole. Here, Head of Restructuring & Insolvency for Kuits, Richard Palmer, gives his expert insight into what they mean for businesses. Corporate Insolvency The total number of corporate insolvencies in England and Wales (17,196) […]

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Are you ready for the IR35 off-payroll worker changes?

05 Feb 2020

At our HR Breakfast Club in September, we discussed the upcoming changes to the IR35 off-payroll worker rules. With April now around the corner, we wanted to remind employers about their changing responsibilities. What is changing? If you engage contractors or off-payroll workers, your contract may well be with a personal service company.  IR35 tax […]

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Guitar Maker Fined £4.5m for Price Fixing

23 Jan 2020

The Competition and Markets Authority has fined the guitar maker Fender Musical Instruments Europe Limited £4.5m for infringement of competition law.  The fine included an 80% discount to reflect Fender’s admissions and co-operation in the investigation. An investigation into the online sales of musical instruments was launched in April 2018.  The CMA found that between […]

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Landowners: Clarification Achieved on Interplay between Electronic Communications Code and Landlord and Tenant Act 1954

23 Jan 2020

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2019] EWCA Civ 1755 Since the introduction of the new Electronic Communications Code (the “Code”) at the end of 2017, clarity has been required as to the interplay between the Code and the Landlord and Tenant Act 1954. What does the Code seek to do? The […]

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Leasehold Enfranchisement Reform

09 Jan 2020

The Law Commission today presents the government with three options for reforming the process enabling leaseholders to buy or extend their lease a year after receiving hundreds of responses to their consultation.  The government asked the Law Commission to review enfranchisement law to and to provide options to reduce the premium payable for leaseholders to […]

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Civil partnerships for opposite-sex couples - A new alternative to marriage

03 Jan 2020

It’s now possible for opposite-sex couples to enter into civil partnerships in England and Wales, as it was brought into law on 31st December 2019. Following a Supreme Court ruling in June last year, opposite-sex couples, like same-sex couples, should be permitted the choice of marrying one another, or entering into a civil partnership. It was […]

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How to Identify a Competition Issue

19 Dec 2019

The UK and EU competition regimes prohibit the following types of anti-competitive conduct: 1. Agreements between businesses which prevent, restrict or distort competition (“agreements” in this respect do not have to be formal or written; verbal or implied agreements to act in a particular way will also be caught); 2. Abuse of a dominant position […]

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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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HR Bulletin - November 2019

01 Nov 2019

Case Law Update Is a leaked email from lawyers acting for a respondent covered by legal advice privilege? Curless v Shell International Ltd – Yes, the judge decided that the email from a lawyer referring to the possibility of dismissing a client’s employee by reason of redundancy was covered by legal advice privilege. This meant the […]

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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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HR Bulletin - October 2019

01 Oct 2019

Case Law Update Mr Conisbee v Crossley Farms Ltd and others – Are vegetarians protected by our discrimination laws? “No”, held the Employment Tribunal. The judge held that being a vegetarian does not amount to a ‘philosophical belief’, which would be protected from discrimination by the Equality Act 2010. However, the judge commented that veganism […]

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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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