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A
Watch Your Step With HIPs (April 2008)
A
New Firm was Formed (April 2007)
Lords
Divorce Cases - Contribution and Expectation Matter
- June 2006
Lexcel
Quality Mark Award - June 2006
Investors in People Award - June 2006
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Watch Your Step With HIPs!
"Prospective
house sellers should watch their step with Home
Information Packs (HIPs)," warns Clive Holland,
Senior Partner of solicitors Barker Son & Isherwood
LLP.
The Home Information Pack team of the Department
for Communities and Local Government has warned
that some HIP providers are using what are called
'register views' of the property plan in their
HIPs, instead of the 'official copy'. The Department
warns that the register view is not sufficient
evidence of the plan of the property shown in
the documents of title. Including it in the HIP
instead of the official copy is a breach of the
regulations relating to HIPs.
They warn that official copies are required as
these are encrypted documents that the Land Registry
will stand by - for example if there are any errors
in the register - and are therefore acceptable
during the conveyancing process. Although the
information they contain is similar, register
views have no such status. The official copy is
required under the HIP regulations.
"The important issue," says Clive Holland "is
that if there is an error in the plan contained
in the register view, there is likely to be a
dispute, with potentially substantial costs required
to resolve the matter."
"We have also found other deficiencies with HIPs
such as unofficial searches which will lead to
further delays and costs as the cheaper, inadequate
packs are unlikely to be accepted by buyers."
Make sure that your HIP has the right content!
For further information, contact the Online Property
Team on 01264-353411 or visit the website www.bsandi-online.co.uk
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A
New Firm was Formed
A
new Firm was formed at the beginning of April
when the practice of Barker Son & Isherwood
was transferred to Barker Son & Isherwood
LLP, a limited liability partnership which has
been registered at Companies House. The owners
of the LLP, known as the members, are Clive Holland,
John Butcher and Richard Gregory all of whom have
been partners in the existing firm for many years.
limited liability partnerships are a relatively
new form of business vehicle, created by the Government
with legal and other professional service firms
in mind. They are much more appropriate in their
structure to a modern business than partnerships,
which we have had to use for our business for
a very long time. This move was therefore an important
part of the continuing efforts of our business
to make itself fit for the purpose of providing
an up-to-date standard of service to our clients.
New
Senior Partner, Clive Holland, said "I believe
that the change will be a very positive move for
the business, going forward, and will help in
particular in attracting and retaining the best
talent in staffing terms".
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Lords
Divorce Cases - Contribution and Expectation Matter
The
headline-grabbing decisions in the recent 'rich
list' divorce cases confirm that the House of
Lords is emphasising that marriage is a partnership
and that the relative contributions of the couple
to the marriage will be relevant to the financial
settlement terms as will the legitimate expectations
of the couple. The judgments will be seized upon
by divorcing spouses who sacrifice their own careers
for those of their partner, or who marry with
the expectation of a well-to-do lifestyle, only
to have that prospect dashed. In delivering his
judgment Lord Nicholls of Birkenhead stressed
that marriages were partnerships of equals and
that this principle is as relevant to short marriages
as long ones.
In
the first case (McFarlane v McFarlane), a wealthy
accountant's wife had given up her own successful
career to help support his career and to be wife
and mother of their three children. Nearly two
decades later, the marriage broke down. The House
of Lords heard the appeal against the decision
of a lower court that the wife should receive
a settlement of £250,000 a year for five
years out of his income of £750,000. The
Lords decided that Mrs McFarlane should receive
that sum for life subject to possible future revision
if circumstances change. This judgment confirms
that for 'stay at home' spouses, the settlement
will not be based on just an assessment of their
needs, but also on their contribution to the wealth
of the family. In addition, in this case, the
Lords also took account of the loss to Mrs McFarlane
caused by foregoing her career.
In
the second case (Miller v Miller), a brief (under
3 years) and childless marriage was followed by
divorce. The lower court ruled that since the
wife had a reasonable expectation of a wealthy
lifestyle, she should be given a settlement of
£5m from her husband's fortune, reported
as being between £15m and£30m. This
ruling was upheld, at least in part because Mr
Miller earned a great deal of money during the
period of their marriage. In general, the courts
will look somewhat differently on wealth brought
into the marriage by each spouse as opposed to
the wealth accumulated during the marriage.
The
question of the actual conduct of the spouses
during the marriage was regarded as being of no
importance in these cases.
"The
cases confirm that future expectations are relevant
in determining financial settlements on the break-up
of a marriage," says Sandra Machin of Andover
Solicitors Barker Son & Isherwood (BS&I).
"The contribution of each party to the marriage
will also be relevant in the distribution of family
assets. In his judgment, Lord Nicholls said that
'in the case of a short marriage fairness may
well require that the claimant should not be entitled
to a share of the other's non-matrimonial property'.
Non-matrimonial property is property brought into
the marriage rather than acquired during it. He
also emphasised that unless the misconduct by
one spouse is 'such that it would in the opinion
of the court be inequitable to disregard it',
it cannot be a factor in the financial settlement.
This should enable more divorce cases to avoid
the courts and the negotiations to be conducted
in a more conciliatory manner."
For
further information please contact Sandra Machin
on 01264 353411
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Lexcel
Quality Mark Award
We
have recently been re-accredited with the Law
Society prestigious Lexcel Quality Mark in recognition
of performance against the nationally recognised
Practice Management Standards. We first achieved
the Award in 1999 when we were the first law firm
in Hampshire to do so. We were subject to rigorous
external assessment and came through with flying
colours. This award confirms the quality of service
the firm provides its clients.
Although
the scheme has been running for some time there
are still relatively few firms who have obtained
recognition and we are still the only firm locally
to have done so.
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Investors
in People Award
Our Investors in People re-assessment has just
been completed and we have been recommended for
continued recognition under this national standard
for staff development. The review was carried
out by an independent assessor appointed by Quality
South West and recognises the lengths the firm
goes to in order to develop staff so as to improve
client service.
We
first gained the Award in 1996 and are delighted
that subsequent assessments have confirmed our
high standards.
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