Legal Update - Summer 2010

Kingsley Smith - Legal Update
Summer 2010

In this issue:

•	Insurance Claim Rejected Due to Misrepresentation
•	30-Year-Old Objection Prevents Public Right of Way
•	Sons Overturn Father's Will Where Mental State in Doubt
•	Use of Premises Makes Rent an Administration Expense
•	Court Supports Ex-Director's Right to Start New Business
•	Quote of the Month
•	Site of the Month – Slideshare.net

Welcome to the latest edition of our newsletter, keeping you, your business and your family up to date courtesy of a round up of news from the legal world and topical, useful advice. We hope you find something of interest here and if you would like to make any suggestions for future newsletters, please do let me know.

The subject of Wills is an important subject and so we’ll issue another subtle reminder to make sure yours is up to date. If you are in doubt about any part if it, it’s well worth talking to us. One of our news stories, summarised below, involves a will being overturned on the grounds of mental incapacity, a subject that also raises the issue of Lasting Powers of Attorney. Do you have one in place to ensure your affairs are dealt with as you wish should you suddenly find yourself unable to take care of them yourself? If not, get in touch for advice.

Continuing on the subject of wills, did you know that there are exceptions to the rule that a will has to be in writing to be valid? One exception is that a sailor can make a valid will orally when at sea and there is a story on our website on the subject which makes for interesting reading.

In dispute? There is another way to resolve issues…
Legal disputes can be a nightmare for small businesses with far reaching financial and operational consequences. There is a way, however, to prevent issues going to court: by using mediation. If you are in dispute over a business matter, whether with a supplier, contractor or business partner, talk to us to explore a wider range of options.

Have a good summer; and on a final note, don’t forget to check your travel insurance policy to make sure you have the cover you need – and thought you had.

Kind regards,

Elizabeth Kingsley-Smith
Kingsley Smith Solicitors LLP

Insurance Claim Rejected Due to Misrepresentation

Rejected Insurance form A company which had goods stolen from a secured cage in a warehouse found itself uninsured against the loss, following a court case in which the company was found to have misled its insurers about the security arrangements.

30-Year-Old Objection Prevents Public Right of Way

Private Property An owner of an estate was recently successful in preventing the creation of a public right of way, thanks to a previous owner who had disputed a planning enquiry nearly 30 years previously.

The dispute involved a pathway which a local planning inspector decided should be designated a public right of way. The title to the land was not registered and the ownership of the path was not certain, but the current owner of the estate claimed ownership.

Sons Overturn Father's Will Where Mental State in Doubt

Last Will A recent case, involving a bitter dispute amongst a Norfolk farming family, has shown that a will may not be upheld by the courts if there are serious doubts about the testamentary capacity of the person who made it. In the case concerned, the two sons of the deceased persuaded the court to overturn their late father’s will on the ground that he was mentally incapable when he created it.

Use of Premises Makes Rent an Administration Expense

rent overdue Insolvencies have been running at a high rate for some time now, presenting problems for landlords and tenants alike.

It should be remembered that the expenses of the administration of an insolvent company rank for payment before debts due to unsecured creditors. Therefore, if a landlord can show that rent is an administration expense, there is a better chance of it being received from the insolvent tenant.

Court Supports Ex-Director's Right to Start New Business

Business Startup When senior employees leave a company, the commercial risks presented can be considerable. A recent case on this subject concerned a director who left the company he worked for and then set up in competition with it.

Quote of the Month

"I am not afraid of storms, for I am learning how to sail my ship."

Louisa May Alcott (1832 - 1888) – author of Little Women

Site of the Month – Slideshare.net

http://www.slideshare.net/ is a fantastic resource where people from all over the world post all kinds of presentations. There's even one that a lady in the US used to get a job with her ideal employer when she moved to another city. Have a look at the site, I defy you not to find something of interest.