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ARTICLES

LATEST ARTICLES

At FSP we understand the importance of keeping up to date with changes in the law and we like to share this knowledge with our clients.

Our specialist lawyers regularly write articles on topical legal issues for the benefit of our clients. Below is a selection of our most recent publications from across all our practice areas.

Go to CORPORATE | PROPERTY | PRIVATE CLIENT articles

		DO YOU HAVE A RIGHT TO A VIEW?
		Can you stop your neighbours blocking your view?
		By Chris Morgan 26/02/2010

		FIT NOTES - BENEFIT OR BURDEN FOR EMPLOYERS?
		An outline of the changes to be introduced by the use of fit notes.
		By Faye Morris 25/02/2010

		ADVERSE WEATHER POLICIES
		What employers should consider when drafting and implementing an adverse weather policy.
		By Peter Beisty 11/01/2010

HEADLINE	SUMMARY (click any heading to sort)	DATE
PRE-BUDGET REPORT THOUGHTS	An overview of the points of interest arising out of the Pre-Budget Report on 9 December 2009.	18/12/2009
POSTAL STRIKES AND NOTICES OF INTENDED PROSECUTION	Service of a Notice of Intended Prosecution by first class post is only effective when actually received. Postal strikes can mean that the notice is not received soon enough.	15/12/2009
SPEED GUNS - WHO NEEDS THEM?	The Divisional Court have ruled against a technical loophole exploited by some drivers to avoid speeding convictions. However, in doing so have they gone too far?	15/12/2009
ENFORCEMENT OF CONTACT ORDERS	Having problems seeing your children? Read on.....	15/12/2009
DISPLAY OF COMPANY INFORMATION	From 1 October 2008 new rules came into force governing the way in which companies display their name and other associated details.	28/09/2009
CAN SICK EMPLOYEES DEFER THEIR HOLIDAY?	Kuljeet Kularia considers the implications of the controversial decision of the European Court of Justice recognising the right of an employee to take holiday at a later date where he was on sick leave at the same time as his pre-planned annual leave.	25/09/2009
THE LEGAL STATUS OF FORMULA 1 PROPOSED BUDGET CAP	Elizabeth Mehdevy examines the economic reasons for the cap, the damage that the threat of a breakaway series has already done to the sport.	27/08/2009
THE FSA CODE OF PRACTICE	FSA has introduced its long-awaited Remuneration Code of Practice requiring large banks, building societies and broker dealers in the UK to establish, implement and maintain remuneration policies consistent with effective risk management.	27/08/2009
GRAZING LICENCES	Marcus Francis comments on the use of grazing licences and agreements and highlights some of the pitfalls to be avoided.	31/07/2009
CREDIT CONTROL - TOP TIPS	Joe Lott, head of debt recovery and dispute resolution, gives his top tips for finance directors and credit controllers in these difficult economic conditions.	31/07/2009
SWINE FLU - IS YOUR BUSINESS PREPARED?	With the global outbreak of swine flu, businesses need to have contingency plans in place for reduced staff numbers.	31/07/2009
BUDGET 2009: THE IMPACT FOR FARMING AND ESTATES	A note on how the Budget 2009 extends the availability of agricultural property relief and deals with the problem with rent reviews in Agricultural Holdings Act tenancies identified in the recent case of Mason v Boscawen (2008).	08/06/2009
NOISE FROM WIND TURBINES	Rebekah Chenery, a solicitor in our Residential Property Team, reviews a recent case on developer’s obligations to provide the data used for noise calculations for a wind turbine farm and the use of recommended methodology to calculate noise levels.	08/06/2009
FIRST CORPORATE MANSLAUGHTER PROSECUTION	Cotswold Geotechnical (Holdings) Limited ("the Company") has become the first company to face charges under the Corporate Manslaughter and Corporate Homicide Act 2007 ("the Act"), which came into force on 6 April 2008. Directors and managers of all organisations are advised to take heed of the new law and how it may affect them and their organisation.	29/05/2009
AVOIDING ACCIDENTAL SURRENDER	Landlords must be careful that their actions do not result in the accidental termination of their leases, and the loss of the right to claim for future rent.	27/05/2009
PROPERTY TRANSACTIONS INVOLVING CHARITIES	One of our charities experts, Marcus Francis, summarises the rules for property transactions involving charities.	27/05/2009
EQUALITY BILL PUBLISHED AND OPEN FOR DEBATE	On 27 April 2009 the Equality Bill 2009 was published with the aim of simplifying and harmonising existing discrimination legislation, although it does also propose some changes to the existing law.	05/05/2009
BUDGET 2009 - ITS IMPACT ON REAL ESTATE	FSP's head of tax, Philippa Roles, looks at how the 2009 Budget will affect the commercial property sector.	28/04/2009
PROTECTING A LICENCE ON DEATH OR INSOLVENCY	Everyone struggling to deal with the aftermath of death, insolvency or mental incapacity of a licensee needs to be aware of the Interim Authority Procedure. Tim Child, head of FSP's licensing group, explains why.	27/03/2009
SDLT AND GOODWILL IN TRADE-RELATED PROPERTIES	Marcus Francis summarises a recent change in HMRC's policy on Stamp Duty Land Tax.	27/03/2009
SECURE TENANTS NO LONGER TOLERATED TRESPASSERS	The Housing and Regeneration Act 2008 will introduce protection for those tenants who may have lost their tenancy rights by virtue of a previous case brought against them, where the court did not order possession but allowed the tenant to stay on specified terms, which the tenant subsequently failed to comply with.	27/03/2009
WHAT HAPPENS AFTER A BANKRUPTCY ORDER IS MADE?	This article provides a quick overview of what happens following the making of a bankruptcy order against a debtor.	27/03/2009
LOSING OUT TO SQUATTERS	A recent case in the High Court should act as warning to land owners who permit others to use their land without ensuring the agreement is evidenced in writing. The case of J Alston & Sons Ltd v BOCM Pauls Ltd [2008] reviewed the requirements for adverse possession and in particular examined the issue of what constitutes an intention to possess. The judgment sends a clear message to landowners about the importance of reviewing their property interests to protect their ownership against the consequences of squatters’ rights.	27/03/2009
DO YOU KNOW WHAT IS ON YOUR HARD DRIVE?	70% of all web traffic to internet pornography sites occurs between 9:00am and 5:00pm. In view of the serious penalties imposed by the Criminal Justice and Immigration Act 2008 it is more important than ever for employers to know what information is on their hard drives.	25/03/2009
PENSIONS ON DIVORCE	Pensions often become a very important factor in divorce proceedings. This guide summarises the issues involved and the approach taken by the courts in striving to achieve fairness between the divorcing couple.	20/03/2009
POKER CLUBS - NO BLUFFING PLEASE!	Poker clubs: Tim Child, head of the FSP licensing group, reviews the rules and regulations that apply to these increasingly popular venues.	11/03/2009
REMEMBER: FARMING IS A BUSINESS	Robert Watsham, a member of the FSP farming and estates group, reviews an important case on the availability of business property relief on agricultural land.	11/03/2009
IS A FARMHOUSE REALLY A FARMHOUSE?	This article explores the availability of relief from Inheritance Tax on farmhouses, following a number of recent court decisions.	04/03/2009
SPORTS CLUBS BEWARE - ARE YOU CAUSING A NUISANCE?	A recent decision of the Court of Appeal serves as a useful reminder that a planning permission may not be enough if you wish to use land in a way which affects neighbouring owners and that neighbouring owners may have rights under the law of nuisance.	03/03/2009
PROPERTY BULLETIN FEBRUARY 2009	Marcus Francis, a partner in the FSP real estate team, brings you up to date with recent property-related legislation. Summarising not only the legislation which came into effect in 2008, this update also looks forward to new legislation expected in 2009.	06/02/2009
PLANNING ACT 2008	Very significant changes to our planning system will be introduced over the next few years as a result of the new Planning Act which was passed at the end of 2008. Some of these changes will be controversial and this article gives an overview of what is in the Act.	06/02/2009
REDUCING BUSINESS RATES LIABILITY	In challenging economic times businesses need to examine every aspect of their cost base. One that is often ignored is business rates liability. This article explores some of the ways of making savings.	06/02/2009
EMPTY PROPERTY RATES: TEMPORARY RELIEF	Preetika Verma, a solicitor in our Real Estate Team, looks at the temporary relief in respect of empty property rates announced in the Chancellor's Pre-Budget Report on 24 November 2008.	06/02/2009
CONSTRUCTION PROCUREMENT	The different types of contract used in the construction industry are numerous and varied. This guide gives an overview of the available methods of construction procurement.	29/01/2009
THE CDM REGULATIONS 2007	The importance of the Construction (Design and Management) Regulations 2007 to the construction industry cannot be overstated. Non-compliance can lead to serious criminal penalties. This guide provides an overview of the main features of the CDM Regulations and when they apply.	29/01/2009
THE CONSTRUCTION INDUSTRY SCHEME	If your company is spending more than £1m annually on construction operations, it is likely that a withholding tax scheme operated by HMRC will apply to the payments you make. Non-compliance can involve severe penalties. This guide provides an overview of the scheme.	29/01/2009
PERFORMANCE BONDS AND GUARANTEES	Needless to say, a construction project depends for its success on the contractor performing its obligations under the construction contract. This guide gives an overview of the methods used by developers to protect themselves against default by a contractor.	29/01/2009
A TIME TO BUY? EQUITY LOAN SCHEMES EXAMINED	Do you want to take advantage of falling house prices and buy now? Are you finding this impossible due to the reluctance of high street lenders to lend? A government backed scheme called MyChoice HomeBuy may hold the solution.	23/01/2009
PROMISES, PROMISES	As part of our everyday lives, we all make promises to do or not to do some things, but just how many of these promises are broken? How do the courts deal with broken promises?	05/11/2008
COLLATERAL WARRANTIES	Collateral warranties are now firmly embedded as a feature of construction projects, particularly those requiring development finance, but what is a collateral warranty, why do they exist and are they really necessary?	03/11/2008
REMOVING CHILDREN FROM THE JURISDICTION	Thinking of moving abroad? If you have children there are some important issues you will need to consider which are explored in this article.	03/11/2008
BANK FORCED TO GIVE BORROWER TIME	Where a bank had agreed to give a borrower 3 months to come back within his overdraft limit, the bank was prevented from seeking a possession order until that 3 month period had expired.	10/10/2008
BANKRUPT'S SPOUSE LIABLE FOR RENT	A bankrupt's wife has been held liable to pay rent to the trustee in bankruptcy where she had continued to occupy the jointly owned matrimonial home between the date of bankruptcy and the date of sale.	10/10/2008
DEVELOPER RECOVERS PLANNING COSTS	A developer who successfully obtained planning permission for an owner's property as agreed with the owner was entitled to payment for his services when the owner refused to go ahead with a verbal agreement to sell the property to the developer.	10/10/2008
"SUBJECT TO CONTRACT" SETTLEMENT BINDING	A settlement communicated in emailed exchanges was held by the court to be binding even though the emails were marked "subject to a formal settlement agreement".	10/10/2008
ARE YOU UP TO DATE WITH THE COMPANIES ACT 2006?	The Companies Act 2006 has over 1,300 sections, so it is no surprise that provisions have been and are continuing to be introduced on a piecemeal basis.	10/10/2008
ARE NIL RATE BAND DISCRETIONARY TRUSTS REDUNDANT?	The law relating to inheritance tax and nil rate bands for spouses (including civil partners) has changed and nil rate band discretionary trusts may no longer be needed in a Will. Now may be a good time to review your Will and this article sets on some of the advantages and disadvantages of using a nil rate band discretionary trust.	26/09/2008
ENERGY PERFORMANCE CERTIFICATES AND PROPERTY LETS	If you are letting a property you need to be aware of the new requirement from 1st October 2008 to provide your tenant with an energy performance certificate. Lettings agents will also need to ensure that the energy performance certificate is provided to prospective tenants at the appropriate time.	31/07/2008
PERSONAL LIABILITY OF DIRECTORS	Many people become directors but may do so without appreciating the full implications of such a role and the duties that go with it.	21/07/2008
WHAT'S IN A NAME? A DIRECTOR'S PERSONAL LIABILITY	A recent High Court decision is a timely reminder of a director's personal liability.	21/07/2008
RESTRICTIVE COVENANTS: CASTING THE NET TOO WIDE	The need for effective restraints on employees after employment has ended is vital to the protection of a business. This article examines the enforceability of such restrictions on employees.	29/06/2008
ESTATE AGENTS COMMISSION - HOW MUCH WILL YOU PAY?	Your property has been on the market with a sole agent for some time, where do you stand if you wish to terminate the agreement?	18/06/2008
AVOIDING TENANT DEFAULT	In times of increasing economic uncertainty, it is more important than ever that landlords review the economic health of their tenants.	16/05/2008
FACEBOOK IN THE WORKPLACE	With a reported 3.5 million UK registered "Facebookers", employers are facing a blurring of the lines between their employees' business and private/social lives.	30/04/2008
SCHOOL BLAZERS: ARE THEY A LIABILITY?	Police are concerned that private school children maybe more likely to be targeted as criminals assume they have more valuable possessions.	16/04/2008
CHARITABLE SCHOOLS: THE PUBLIC BENEFIT TEST	The Charity Commission's latest draft guidance emphasises the need for charitable schools to be imaginative in how they demonstrate public benefit.	16/04/2008
FAST TRACK EXAMINATION OF TRADE MARK APPLICATIONS	The new trade mark examination system can be used by anyone applying to register a trade mark, provided the application is limited to one trade mark and that the application is made electronically.	10/04/2008
THE END OF THE COMPANY SECRETARY?	Could your company cope without a company secretary? For those directors who wish to concentrate their efforts on developing the business of the company, a company secretary can be a valuable asset	10/04/2008
CGT: WHAT A RELIEF!	The proposals caused much controversy and not a small measure of outrage amongst the business community…	01/04/2008
HIPs FOR NEW BUILD PROPERTIES	Developers need to be aware of these changes in the law so that they can ensure that a compliant HIP will be available for prospective purchasers.	01/04/2008
THE McCARTNEY JUDGMENT: A CAUTIONARY TALE	Although Lord Justice Bennett has not seen fit, for now, to release the full judgment, the world has been given a brief summary of just what Heather Mills is to receive.	18/03/2008
PRIVATE SCHOOLS: NEW PUBLIC BENEFIT TEST	All private schools will need to comply with this legislation in order to maintain their charitable status and the benefits that brings.	11/02/2008
BRAVE NEW WORLD FOR POWERS OF ATTORNEY	It is important to remember that a power of attorney is an extremely powerful document and that in the wrong hands, it could cause great damage and be subject to abuse.	08/02/2008
EMPLOYEES BEWARE	Employees leaving to set up a rival business take note!	25/01/2008
PROPOSED CHANGES TO COPYRIGHT LAW	On 8 January 2008, the government launched a public consultation on proposed changes to the law on copyright that may extend the scope of existing exceptions.	21/01/2008
THE COMMONS ACT 2006: THE WAITING GAME	You are a developer. You have a site plan in one hand and planning permission in the other. All systems are go, aren't they?	15/01/2008

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