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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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