Agricultural Estates Newsletter Spring 2012
Date Posted: 08/02/2012
Author: James Maxwell
The law affects the landscape today as much as ever. Planning law, which has protected the rural landscape since the early 20th century, may be at a tipping point. This newsletter begins with Joanna Gliddon’s update on the Localism Act 2011 and an account of the draft National Planning Policy Framework, a document which (against the trend of most regul...
TDS traps
Date Posted: 07/02/2012
Author: James Maxwell
It is a requirement of the Housing Act 2004 that a deposit for an assured shorthold tenancy (AST) created on or after 6 April 2007 must be placed within an authorised tenancy deposit scheme (TDS). The purpose of the legislation was to prevent unscrupulous landlords from refusing to return tenants' deposits at the end of a tenancy.
Heads of terms for overage
Date Posted: 07/02/2012
Author: Henry Goulding
The complexities of overage arrangements are legion and, indeed, whole books are written on the subject. The aim of this article is to give land agents and landowners some pointers to be considered early in the negotiations leading to heads of terms. The hope is that this will reduce the scope for a transaction to get bogged down at a later stage when the lawyers...
The Agency Worker Regulations 2010
Date Posted: 07/02/2012
Author: Michal Chudy
The Agency Worker Regulations 2010 (the Regulations) came into force on 1 October 2011. The Regulations aim to ensure that agency workers hired through temporary work agencies receive the same basic working and employment conditions as if they had been hired directly by the hiring organisation (the Hirer). More specifically, the Regulations provide a combination ...
De registering common land
Date Posted: 07/02/2012
Author: Paul Krafft
Registration on the Commons Register of land as common land or a town and village green (TVG) has important implications for a landowner. Third parties will have rights: commoners may have the right to graze cattle or exercise other traditional rights of common; the neighbourhood at large may have the right to pursue recreational activities on the village green. ...
Liability for accidents caused by trees
Date Posted: 07/02/2012
Author: James Price and Jo Ord
Everyone knows not to shelter under a tree during a storm for fear it might be struck by lightning. However, many may think it a sensible step to take shelter in this way in a normal rain shower. This is what a group of children did in 2007 on an outing to the National Trust property, Felbrigg Hall in Norfolk, with disastrous consequences. A large branch sp...
A private client tax update
Date Posted: 07/02/2012
Author: James Carleton
This article gives a summary of the Golding case in regard to agricultural property relief and updates on tax reductions for lifetime gifts of pre-eminent objects to the Nation and charitable gifts on death and the impact on inheritance tax.
What to do with travellers
Date Posted: 07/02/2012
Author: Kenneth Street
We all know what happened at Dale Farm in Essex. The big problem for the local Council was that this was not a case of trespass, merely a breach of planning control. As a result, the Council was only able to use enforcement notice procedures under planning legislation.
When trespassers (not necessarily travellers) come onto your land, you, as landowner, w...
CAP reform – 2014 and beyond
Date Posted: 07/02/2012
Author: Edmund Fetherston-Dilke
Most readers of this newsletter will know that the European Commission has published proposals for the replacement of the existing single farm payment scheme. This article identifies some of the more significant proposals and considers how they may affect farmers and landowners. It is important to note, however, that at this stage the Commission’s proposals are j...
The Bribery Act 2010
Date Posted: 07/02/2012
Author: Patrick Tolhurst
The Bribery Act 2010 (the Act) came into force on 1 July 2011 and has far-reaching implications for all types of organisations, including landed estates.
The Localism Act 2011 and draft National Planning Policy Framework
Date Posted: 07/02/2012
Author: Joanna Gliddon
We reported on the Localism Bill (as it then was) in our Spring 2011 newsletter. The Bill received Royal Assent on 15 November and became the Localism Act 2011 (the Act). This article brings you up-to-date on the more significant changes that feature in the final form of the Act as a result of the way the Bill changed as it progressed through Parliament. So...
Entrepreneurs & Family Business Group E-briefing Winter 2011-12
Date Posted: 31/01/2012
Author: Richard Lane
Welcome to our Winter 2011/12 E-briefing.
In this edition we continue our well-received “Young Entrepreneur’s Guide to Starting a Business” series with Part 2, which considers which legal ownership structure is right for your business.
Our Private Client team also takes a look at Lasting Power of Attorney arrangements, often given less attention than Wi...
Museums to lose power to make exclusive deals
Date Posted: 31/01/2012
Author: Peter Wienand
Among the proposed changes to the EU Directive on re-use of public sector information (Directive 2003/98/EC – the PSI Directive) is the removal from cultural institutions of the exemptions which they have enjoyed since the Directive was adopted in 2003. For a broader overview of open data initiatives in the UK and EU, see
How effective are "effective" pre-nuptial agreements?
Date Posted: 31/01/2012
Author: Claire Gordon
It may not be romantic, but it is crucial to consider the impact that marriage will have on your financial affairs. A pre-nuptial agreement is an essential consideration and should make more certain any potential award to a spouse on divorce – potentially protecting your business and helping to secure your wealth.
Why do I need a Lasting Power of Attorney?
Date Posted: 27/01/2012
Author: Beth Walker
Although not as ubiquitous as Wills, Lasting Power of Attorneys (LPAs) can be just as important when it comes to protecting the future of your business and family. Beth Walker, solicitor in our Private Client team, considers why entrepreneurs should consider putting an LPA in place, and the benefits they can br...
Selling your business now or in the future?
Date Posted: 27/01/2012
Author: Bryony Cove
The introduction of a major tax saving by the previous political regime which applies to entrepreneurs selling their own businesses has been hugely extended by the current Government as of June 2010.
In this article, Bryony Cove, partner in our Private Client team, explains more about Entrepreneurs Relief.
Young Entrepreneur’s Guide to Starting a Business - Part 2
Date Posted: 27/01/2012
Author: Richard Belsey
Following on from the popular first article in our guide to starting a business which looked at carrying out market research and creating an objective business plan, Richard Belsey, associate in our Corporate team, provides guidance on setting up the right legal ownership structure for your new business.
...
UK and EU open data initiatives - legal and regulatory implications
Date Posted: 25/01/2012
Author: Peter Wienand
Both the UK Government and EU Commission have recently announced a series of open data initiatives. The belief is that economic growth will be fuelled by freeing up restrictions on re-use of public sector information (PSI). As detailed in this bulletin (which can be accessed below), there are various strands to these...
Moving on... abroad?
Date Posted: 20/01/2012
Author: Margaret Heathcote
If a parent wishes to move abroad with their child, and the other parent does not agree, it will often fall to the courts to decide whether or not the move should go ahead.
Margaret Heathcote considers the recent case of MK v CK and considers the impact that it will have on these difficult cases.
Higher Education Bulletin: Winter 2011/12
Date Posted: 20/01/2012
Author: Julian Smith
In this winter edition of our Higher Education Bulletin we take a look at information law; disciplinary procedures; the Woolf report; and updates in employment law. This is a period of considerable change in the HE sector.
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