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About
BSandI
>>> Press Releases
Pot
holes
How to Improve your Cashflow
Redundancy and Compromise Agreements
Continuing
to maintain 'Investors in People' Accreditation
(June 2008)
Motorcycle Accident? or Pillion
Passenger? (Oct 2008)
Government
Abandons Plans to Protect Cohabiters
Evasiveness
Shows True Intentions
Is
your Will up to date?(July 2008)
Hips - Questions Answered (July 2008)
Buying
a House and Consumer Protection (July 2008)
Watch Your Step With HIPs!
(June 2008)
A New Firm was Formed (April 2007)
POT HOLES
One Hole Too Many?
As has been very big in the
news lately, Britain's roads are in a state and
the cost of putting them right might seem to make
it pointless to repair them.
However, the cost ot you where the local authority
has not carried out it's duties, could be greater.
Potholes represent a very real
hazard to drivers, motorcyclists and pedestrians
alike.
The chances of having an accident,
both by getting a blown tyre or simply just losing
control of your car/motorbike/pushbike, could
have substantial consequences and result in serious
injury and losses.
Pedestrians too, are equally
at risk from potholes or poorly maintained paving.
It may seem like just 'one of
those things' however you may be able to make
a successful claim and recover your losses through
compensation for your injuries.
Here at Barker Son & Isherwood
LLP Solicitors, we try to ensure that you receive
quick, practical advice relating to your claim.
We are able to offer you an initial interview,
totally free of charge and possibly 'NO WIN, NO
FEE' arrangements.
For further information
on how we can help, please ring us on 01264 353411
or email: dmarshall@bsandi.co.uk
or rbarr@bsandi.co.uk.
How to Improve your Cashflow
In this time of recession, it
is becoming ever more apparent that for some people,
the longer they can delay paying your bills, the
better.
However, this point of view
does not help at all when you are the one that
they owe.
The prospect of getting that
money back may also be quite daunting and trying
to find the time to chase someone when you have
other jobs to do may simply make it worse and
the thought of paying someone else to do it may
seem an equally poor idea.
Here at Barker Son & Isherwood
LLP, we try to reduce your concerns and to this
end have just introduced a new scheme to help
with the recovery of small debts below £5,000.
The scheme has a fixed menu
pricing structure and in many cases that expense
can be reduced further by recovering costs from
the debtor where court proceedings are necessary.
So let us help you without it
costing you an arm and a leg.
For further information
please ring us on 01264 353411 or email to dmarshall@bsandi.co.uk
Redundancy and Compromise
Agreements
Regrettably, we are speaking
to many people at the moment who are facing redundancy
in the current downturn. It is usual for employers
to produce a Compromise Agreement which will set
out the payments and any other benefits to be
paid by the Company to the employee upon termination
of employment. Very often, an employer will provide
more generous payments than the statutory minimum.
Equally however it is important to ensure that
at least the statutory minimum benefits are paid.
The agreement between the employer and employee
is usually set out in a Compromise Agreement.
The agreement will provide the employer with the
comfort of knowing that after the termination
of employment there can be no further claims.
The employee can be assured once the agreement
has been signed that he or she will receive at
least the minimum statutory benefits and any additional
benefit or payment that has been negotiated. To
be binding, the agreement must be in a specified
form and must be explained by a Solicitor acting
for the employee.
There are numerous aspects to be considered. An
employee does not have to accept the agreement
as first drafted and we are frequently instructed
to negotiate better terms.
Employers will agree to make payment of the employees
fees in relation to the Compromise Agreement or
at least make a substantial contribution to them.
Frequently we are able to conclude all the necessary
work within that fee to ensure that our clients
pay nothing.
It is very important that you seek specialist
advice in relation to a Compromise Agreement.
We can see clients at short notice and in the
evenings and on Saturday mornings by appointment
Please contact Richard
Gregory on 01264 325811or
e-mail him at rgregory@bsandi.co.uk
for help and advice.
CONTINUING TO MAINTAIN 'INVESTORS
IN PEOPLE' ACCREDITATION
Barker Son & Isherwood LLP Solicitors are
proud to announce that they have been recognised
in continuing to meet the requirements of the
National Standard for effective Investment in
People and have been awarded their 'Investors
in People' certification by Quality South West
Ltd.
The firm was the first law firm in Hampshire
to be awarded the standard and has held the accreditation
continuously since 1996 and assessment is carried
out once every three years. To achieve this, the
partners and managers of the firm have to show
investment in their employees through to as to
improve the business and help achieve strategic
aims.
The independent assessment covers ten separate
elements spread across the main areas of developing
strategies to improve the organisation; taking
action to improve its performance and evaluating
the impact of the actions taken.
The assessor was satisfied that partners and
managers have shown a great deal of commitment,
understanding and support with regards to their
staff and this was re-iterated during assessment,
by the staff themselves.
Motorcycle
Accident? Rider or Pillion Passenger?
"Motor cyclists and their pillion passengers
are at much higher risk of serious injury as road
users than others. The fact that their choice
of transport provides them with little personal
protection in the case of an accident unfortunately
means that those involved in accidents often suffer
serious injury.
Motorcyclists tend to be more affected by road
defects, wild animals and stray objects in the
road than other road users.
We have acted for a number of motorcyclists with
many years of riding experience and advanced riding
"badges" but often all this experience
and skill means little when they have a confrontation
with a more substantial vehicle.
Sometimes spills can be low speed and thankfully
only minor injuries are suffered. Occasionally
there is nothing more than a little bruised pride.
However we find that many of our clients who have
been injured in riding accidents suffer significant
injuries and have all the usual related losses
and expense that go with that.
It is often suggested that motorcyclists cause
many of the accidents because of excessive speed.
Our experience with the cases we deal with shows
that this is not the case and even where excessive
speed by the rider can sometimes be a factor frequently
the cause or the main cause of the accident is
the result of the third party driver failing to
drive with appropriate consideration, due care
and attention.
If you have been involved in a motorcycle accident
contact Richard Gregory or Rachel Barr for free
initial advice on 0800 376 5055 or via e-mail
info@bsandi.co.uk. We will be delighted to help
you.
Government
Abandons Plans to Protect Cohabiters
The Government has announced that
id does not, for the time being at any rate, intend
to proceed with reforms to the law that would
have given cohabiting partners similar rights
to married couples or civil partners on the breakdown
of their relationship.
This unexpected announcement was made by Justice
Minister Bridget Prentice and is all the more
surprising given the inconsistency of rulings
made by the courts in this problematic area.
The Law Commission had spent two years working
on proposals to give protection to couples wh9o
live together. If introduced, these would have
set out the respective rights of cohabiters as
regards the financial arrangements on the termination
of a relationship.
The number of people who are living together
in a relationship but who are neither married
nor civil partners continues to rise. Many of
these people are probably completely unaware that
they have few rights in the event of a break-up
of their relationship and those rights as they
do have centre around any children of the relationship.
"The problem stems from the fact that, contrary
to popular belief, in law there is no such thing
as a 'common law spouse', says Sandra Machin,
"Couples who live together do not acquire
legal rights and there are no set rules for how
their assets should be divided if they split up.
With over 2.5 million people currently living
together informally, the courts are seeing a flood
of disputes about who owns what when such relationships
end".
One common problem is where partners have lived
together for a long time but the property they
share continues to be held in the name of only
one of the couple. If the couple then split ups,
this may give rise to a claim that the property
should belong to both parties. The issues involved
are often complex and such disputes can be very
expensive to resolve in court. In some cases,
people who have made a very substantial contribution
to the financing and improvement of a shared home
have been left with little or nothing for their
efforts.
The review of the law in this area was intended
to create more certainty in such cases, but the
Government has chosen instead to wait to see what
are the effects of planned reforms to the law
in Scotland before any changes are made to the
law in England and Wales.
"Meanwhile, the position of cohabiters is
best protected by having a formal written agreement,
which should be made with the benefit off independent
legal advice on both sides" says Sandra Machin.
"This is particularly important where the
assets involved are substantial, so that in the
event that the relationship founders, a drawn
out and acrimonious dispute can be avoided".
You can contact Sandra
Machin or our Family Department via e-mail:
info@bsandi.co.uk or free phone: 0800 376
5055
Evasiveness Shows True Intentions
There have been several cases
before the courts in recent years, which arose
because a house or property was purchased in the
name of one of an unmarried couple and then when
the couple split up, the 'non-owner' claimed that
they were entitled to an equitable share in the
property concerned.
In general, where it can be demonstrated that
a couple's intention was to hold the property
jointly, the courts will accept such claims. However,
a recent case shows that not having the right
sort of evidence of the intention can lead to
what seems, on the face of it, to be a very unfair
result.
Sharon James lived with Peter Thomas, who was
an agricultural contractor. She worked in his
business, but received no payment. All the income
from the business went into an account in Mrs
Thomas' name and all the couple's expenses were
paid from this account, including the mortgage
on the cottage they shared. Mr Thomas had purchased
the property before he and Ms James started living
together. Ms James had carried out improvements
to the cottage, which had enhanced its value.
A piece of adjoining land was also acquired in
Mr Thomas' sole name, payment for this being made
in kind by work done by the couple.
The business was reconstituted as a partnership
in 1999 and the bank account was made a joint
account in 2002.
In 2004, after 15 years together, the couple
separated and shortly after that the partnership
was dissolved. Ms James claimed that she had a
beneficial interest in the cottage, arguing that
Mr Thomas had said she would be 'well provided
for'. Interestingly, the court heard evidence
that when the subject of formal joint ownership
of the property was raised, Mr Thomas had been
evasive. This was taken to mean that he had no
intention of parting with an equitable share in
the property. The court also considered that Mr
Thomas's comment that Ms James could be well provided
for was a general statement of a beneficial outcome,
rather than a commitment to share ownership.
The court ruled that her claim failed, leaving
her with only a share in the partnership assets
on the dissolution of the business.
Cohabiting couples are often unaware that they
do not have the same legal rights as married couples
of civil partners and this case is proof of the
wisdom of unmarried couples setting out in clear
terms what their financial arrangements are to
be. This is easily done b creating a 'living together
agreement'. Contact us if you need advice on protecting
your financial position in the event of a break-up
of your relationship.
Our Family Department can be contacted via e-mail:
info@bsandi.co.uk
or free phone: 0800 376 5055
Is
Your Will up to date?
Updating a Will is often overlooked
at crucial times when circumstances change which
in turn could mean that parts of your estate will
not be passed on to family and friends.
You should remember that your
Will needs updating whenever circumstances change
or a life-changing event occurs. These events
could be any of the following:
Research has shown that the majority of 25-34
year olds do not have an up to date Will however,
even more worrying is that a high percentage of
over 65's who have been widowed, divorced or separated,
did not know if they had a valid Will.
No one can predict when the inevitable
will happen and unfortunately it can happen anytime,
young or old. Don't put off until tomorrow, what
can be done today.
Our Probate team are able to provide
professional and understanding advice and support
with regards to any Wills or Probate issues.
Contact John Butcher, Helen Hutt
or Alan Thain on 01264 353411
Or e-mail: info@bsandi.co.uk
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Hips - Questions Answered
Part-exchanged
Properties
With the property market tightening
rapidly, a builder is more likely than ever to
offer to take the existing property of a buyer
in part-exchange for the purchase of a new one.
Often, the builder will wish the house being part-exchanged
to be put (or remain) on the market between the
exchange of contracts and completion of the sale,
in the hope that the builder will have the part-exchanged
property 'on its books' for as short a time as
possible.
When the property being part-exchanged
is already on the market, a Home Information Pack
(HIP) will have been prepared. If the HIP received
by the builder is 'in date' (i.e. not more than
12 months have passed since the date the property
was first marketed), then parts of it can be 'recycled'.
In all cases a new sale statement
and index would be required. However, the energy
performance certificates and Land Registry documents
can be reused. Searches cannot be reused in normal
circumstances, as the liability for the accuracy
of the search cannot be 'passed on'. However,
the builder can market the property using the
previous documents of title until the change in
ownership has been recorded by the Land Registry.
Shared
Ownership Properties
If a shared ownership property
is being purchased by a sitting tenant, a HIP
is not necessary if no marketing of the property
has taken place. However, if such a property is
being sold on the open market, then a HIP is necessary.
Contact our Online Conveyancing
Department via telephone: 01264 353411,
email: online@bsandi.co.uk
or via our specialised website: www.bsandi-online.co.uk
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Buying a House and Consumer
Protection
With the advent of Home Information
Packs (HIPs), the appointment of an Ombudsman
for Estate Agents (OEA), the laying down in statute
of the duties of estate agents and the recent
passing of the Consumers, Estate Agents and Redress
Act 2007 (CEARA), a property purchaser might reasonably
conclude that their interests are strongly protected
under the law. This view is likely to be bolstered
by an awareness of the existence of the National
Association of Estate Agents' (NAEA) own disciplinary
and redress scheme. However, the assumption that
a buyer's interests are well protected is not
as well founded as you might think.
The main function of the HIP
is to collect information (searches, title details
and so on) about the property and its energy efficiency.
It is supplied by a provider independent of the
owner of the property. The rights of the property
purchaser are primarily protected by making the
HIP provider carry insurance to meet claims for
losses suffered by buyers as a result of incorrect
HIP content
The estate agent's main duty is
to the vendor of the property, so the regulations
under which they operate relate mainly to their
relationship with the vendor. They are bound not
to discriminate against purchasers who do not
wish to buy other services they offer and to declare
a personal interest to any buyer. It is important
to note that even when the sales particulars of
a property are inaccurate, the right of redress
may be limited. Recently, the court ruled that
an agent was not liable for providing false information
to the effect that a property included a substantial
area of land which was not in fact registered
in the vendor's name. The estate agent had simply
accepted without enquiry that the area of land
was part of the property and included it in the
sale particulars. The court considered that any
purchaser would have made sure that a proper search
of the title was done and in any event the offer
for sale was 'subject to contract' - placing the
onus on the purchaser to make sure their enquiries
were carried out carefully!
The Ombudsman service deals with
claims against estate agents, but its powers are
limited and the maximum award that can be made
is £25,000. In practice, most awards are
a small fraction of that amount. Members of the
NAEA must belong to the OEA redress scheme.
Whilst the CEARA requires estate
agents to belong to an approved redress scheme,
the tendering process for operation of the scheme
has not yet been completed and it is not expected
to be fully implemented until October 2008. The
relevant section of the Act itself mainly relates
to record keeping and inspection of records issues
and the grounds under which estate agents can
be warned or banned. There is no specific mechanism
for compensating consumers
"The best protection for
a buyer is to use a solicitor who will take care
to make sure that everything is as it should be.
A person's house is normally the most valuable
asset they will ever own and, as such, it makes
sense to ensure that the purchase is carried out
in a professional way," says Clive Holland,
Senior Partner at Barker Son & Isherwood LLP
Solicitors.
We can assist in all property
matters and disputes arising from property and
other transactions.
Contact our Online Conveyancing
Department via telephone: 01264 353411,
email: online@bsandi.co.uk
or via our specialised website: www.bsandi-online.co.uk
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Watch Your Step With HIPs!
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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