Kingsley Smith Solicitors Update - Summer 2011
Welcome to the Summer edition of the Kingsley Smith Solicitors Update.
In this issue we discuss Tim Farron, MP for Westmorland and Lonsdale, who is encouraging local Councils in rural areas to relax their planning policies to allow unused farm buildings to be converted to residential purposes. No doubt Alan and Sarah Beesley who recently lost their four-year battle over disguising their £500,000 home as a barn will be interested to read more.
Also this month, an article on how a lady who specifically requested her daughter would not benefit from her will was over-ruled, information on the effects of tenant's improvements on ground rent and an update to the competition act.
I hope you find the newsletter useful, and if you have any questions or comments please do either call me on 01634 811118 or email eks@kslaw.co.uk.
Elizabeth Kingsley-Smith
| In this issue: |
| Competition Act Extended to Land
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| Councils Urged to Allow Residential Use of Farm Buildings The Government has suggested that councils in rural areas consider changing their planning policies to allow unused farm buildings to be converted to use for residential purposes, rather than insisting that they only be used as farm buildings. ... |
| Who Determines Who Inherits Your Estate? A recent case will cause concern to anyone who has a specific wish that their estate should not pass to certain people. It involved a woman who left an estate of more than £400,000, which she had bequeathed to various animal charities. ... |
| Insolvency and TUPE - EAT Provides Clarification
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| Lost Will Confirmed by the Court A very unusual case illustrates the lengths to which the courts may go in order to sort out disputes involving lost wills. It involved a couple who had both been married before and who, it was claimed, had made mutual wills. On the... |
| Tenant's Improvements Did Not Increase Ground Rent A landlord’s attempt to obtain a rent based on the uplifted value of a property was rebuffed by the court because a term in the lease, which was worded in such a way that the rent set by the rent reviews would not take into account improvements made... |
| Quote of the Month - September 2011 "Good fortune is what happens when opportunity meets with planning." Thomas Edison (11 February 1847 – 18 October 1931). A prolific inventor, Edison holds 1,093 US patents, and many more in other countries. As well as developing the electric light bulb, he originated the concept and implementation of electric-power generation and distribution to homes, businesses, and factories – a crucial development in the modern industrialised world. |
The Office of Fair Trading has issued guidance on changes which came into force in April 2011 in relation to the extension of the Competition Act 1998 to cover agreements made in regard to land. The change will affect owners and occupiers of land because, up until April, it was common for agreements to contain exclusivity clauses, such as where a tenant retailer agrees with its landlord that no competitor of the tenant will be allowed retail space in the same development. Such agreements may now be unlawful, so if you have a similar agreement in place, ask one of our legal experts to review it for you so you know where you stand. Read this important story in full on our website.
When there is a transfer of a business from one owner to another, employee rights are protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). Following a recent case, the Employment Appeal Tribunal (EAT) has clarified that TUPE will always apply to the sale of a business by an administrator and the rights of transferring employees are thereby protected under the Regulations. Insolvency issues are always complex, especially when the rights of employees are involved. For any insolvency issue or for further help understanding TUPE, contact our legal team. Read about the cases which led to this issue coming to the forefront of the news on our website.
We would like to thank you for the superb work and attention to detail that has gone into our dispute with the council so far!