£25K compensation for accident at work

Samantha Hayward, an Assistant Solicitor at Blackhurst Budd has successfully settled employer’s liability claim in which our client was awarded £25,000 in compensation.

Our client, Mr S, worked as a farm hand. During the course of his work he sustained an injury, however his employer refused to accept he was injured and forced him to continue working with what later was shown to be a broken arm. The injury was serious enough to later require surgery.

Mr S only approached Blackhurst Budd for advice two years after the accident occurred as he did not want to make a claim whilst still working for the same employer.

Samantha commented:

“Accidents at work can be extremely complex and this particular matter required two expert opinions before we reached settlement. The general rule is that adults have three years from the date of the accident or incident in which to bring a claim. We do always recommend starting your claim as soon as possible after the accident though, as it’s easier to get a clear understanding of the event and find witnesses.”

Key Promotion at Blackhurst Budd

Specialist commercial property solicitor, Briony Haley has been promoted to Director at Blackhurst Budd Solicitors.

Briony qualified as a Solicitor in 2008 and moved to the firm in 2015 advising clients on commercial property sales and purchases, leases and development acquisitions. She will join the Board of Directors, taking an active role in the management of the firm and heading up the commercial property department.

“I’m thrilled to be promoted to Director and look forward working with new and existing clients throughout the Fylde Coast. Though we’re currently at time of political uncertainty we are still seeing plenty of interest in commercial property across a range of sectors. There are plans for major investment in the town centre over the next few years, which will have a positive impact on the local economy and demand for commercial space” said Briony.

Warren Spencer, Managing Director commented:

“Congratulations to Briony on a very well deserved promotion, we’re delighted to have her join the board as we plan the growth of the firm over the next five years.”

Blackhust Budd has offices on Edward Street in Blackpool and employs over 50 members of staff offering a full range of personal and business legal services.

Blackhurst Budd win £50K damages for motorbike accident

Samantha Hayward, an Assistant Solicitor at Blackhurst Budd has successfully settled a road traffic accident matter in which our client was awarded £50,000 in compensation.

Our client, Mr W, was involved in a motorbike road traffic accident in Blackpool. His motorbike was hit by a white van driver, throwing him from his bike which resulted breaking his tibia and fibula (the bones in the lower leg).

As a result he required surgery followed by extensive rehabilitation. Samantha instructed an orthopaedic surgeon to provide expert advice on the long term prognosis.

Samantha commented:

“This was a serious accident causing considerable injury and suffering and this is reflected in the value of the settlement. Motorbike accident claims require specialist advice to order to negotiate the maximum level of compensation.”

If you’ve been injured in any type of road traffic accident please call 01253 629300 and ask for Samantha.

Practical divorce tips

Getting a divorce can be an emotionally fraught time, not least in sorting out the practical and financial aspects of your separation. In particular, you will need to decide upon things like where you will both live, how you will both manage financially and who will have primary care of any children.

Below we provide five practical tips to help get you through the toughest times:

1.     Assess your financial outgoings

When you first separate from your partner you will initially need to agree upon how you are going to meet any ongoing financial obligations, such as mortgage repayments and household bills. In many cases, where you are living separately, there may even be two sets of household expenditure to now consider.

Maintaining open lines of communication with your ex-partner can be crucial in reaching the best possible solution, especially when it comes to finances. In this way, at least in the short-term, you can hope to continue to meet all necessary outgoings from your combined income. Needless to say, this is preferable to incurring debts that neither of you may be able to discharge in the long-term.

You may also want to check if either of you are entitled to any state benefits, including a reduction in council tax by of way a 25% single person’s allowance.

2.     Discuss the division of assets

Equally, when deciding upon the division of matrimonial assets and income it is always better to keep this amicable, such that you can discuss and negotiate until a satisfactory solution is found for both parties.

In particular, when agreeing a premise upon which any assets and income will be split, you will both need to consider whether you would like to cut all financial ties and achieve a clean break, thereby protecting any wealth that you may acquire in the future, for example, through career progression or inheritance.

3.     Agree on child custody and care

As with your joint finances, an interim arrangement will need to be put in place as to the custody and care of any children involved. You will need to agree on where the child(ren) will live, as well as when and how often they will have contact with the non-resident parent.

It may be that you agree to a joint custody arrangement, although the details of this arrangement will still need to be resolved, albeit if only on a temporary basis to begin with.

Unsurprisingly, it is not uncommon for divorcing parents to struggle to reach an agreement as to child custody or contact, especially if the separation has been acrimonious.

In circumstances where an agreement cannot be reached, one or both parents may apply to the court for a child arrangements order. A child arrangements order is a court order stipulating who has primary care of the children, and the nature of any contact with the non-resident parent.

4.     Make or revise your will

If you do no currently have a will you should consider creating one, not least because if you die intestate before your divorce is finalised, your spouse will stand to inherit the first £250,000 of your estate and half of the remaining estate, together with all of your personal property and belongings.

In the event that you already have a will you should consider revising this. For the majority of couples, their spouse is the main beneficiary under their will.

Further, most married couples own the matrimonial home as joints tenants rather than as tenants in common. As such, if one dies, their share of the property will automatically pass to the surviving spouse, not unless the joint tenancy is severed.

5.     Seek specialist legal advice

Although it is not uncommon for couples to get divorced without retaining the services of a lawyer, it is always sensible, at the very least, to explore your options in relation to a number of legal issues, from pension sharing and property-related issues to wills and estate planning.

In particular, if agreement cannot be reached with your ex-partner in relation to the care arrangements for any children, you should always seek advice from a specialist in family law.

In many cases, by simply seeking the advice of an experienced solicitor you can feel reassured that you are taking positive steps towards achieving the best possible outcome for you and your family. You can also have the peace of mind that any negotiations can be formalised by way of a legally binding agreement so as to protect you for the future.

Please note, in the absence of a financial order from the court, whether by consent or otherwise, it remains open to either party to bring a financial claim against their ex-spouse at any point in the future.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

Understanding Double Value & Double Rent

The historic statutory provisions for double value and double rent have stood the test of time, such that if a commercial tenant remains in a property beyond the period upon which the contractual tenancy has been brought to an end, they will potentially be liable to penalty.

Below we look at the provisions of both the Landlord and Tenant Act 1730 and the Distress for Rent Act 1737, and how these 18th century statutes continue to provide a financial remedy after almost three centuries.

What is double value?

By virtue of section 1 of the Landlord and Tenant Act 1730, a landlord is entitled to claim against his tenant double the annual value of the premises during the period of holding over in circumstances where the landlord has demanded possession in writing but the tenant unlawfully remains in occupation.

Indeed, section 1 provides that should the tenant “…wilfully hold over any Lands, Tenements or Hereditaments, after the Determination of such Term or Terms, and after Demand made, and Notice in Writing given, for delivering the Possession thereof, by his or their Landlords or Lessors” the landlord is entitled to charge the tenant “at the Rate of double the yearly Value of the Lands” for the time that the tenant unlawfully remains in the premises.

As such, for these provisions to apply, the landlord must have served a valid notice to quit for the tenant to deliver up possession, and the tenant must remain in occupation as a trespasser. In other words, the tenant must be wilfully holding over, not merely in occupation by mistake or otherwise.

The 1730 Act also only applies to tenancies that run from year to year, as well as to fixed term tenancies. The Act does not apply to weekly tenancies and, in some cases, monthly or quarterly tenancies.

What is double rent?

The principle of double rent, as provided for by section 18 of the Distress for Rent Act 1737, is not too dissimilar to that of double value in that this permits a landlord to demand twice the amount of rent from the tenant for the period of holding over.

Although the circumstances in which each Act applies slightly differ, both are concerned with situations where the tenant remains in occupation as a trespasser beyond the end of the term of the lease.

Section 18 provides that should the tenant “…give notice of his, her, or their intention to quit the premises by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained” then the tenant will be liable to pay the landlord “…double the rent or sum which he, she, or they should otherwise have paid”.

As such, for these provisions to apply, the tenant must have given notice to vacate the premises, rather than the landlord serving notice for the tenant to deliver up possession, although in both cases the tenant must be wilfully holding over and thereby remaining in occupation as a trespasser.

Indeed, for section 18 to apply, the landlord must treat the former tenant as a trespasser in unlawful occupation. As such, the landlord must not do or say anything that would treat the lease as continuing, such as accepting the previously agreed rent. To do so would be to waive the right to claim double rent.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

Consequences of the Late Payment Act

By virtue of the Late Payment of Commercial Debts (Interest) Act 1998, the supplier of goods and services has an implied statutory right to charge a specified level of interest on the late payment of debts arising under commercial contracts – and that’s not where the potential penalties end for the late payer.

The supplier also has the right to impose additional fixed charges and recover reasonable costs from the purchaser.

Below we examine the provisions of the 1998 Act more closely, and the consequences for the customer who is consistently late in paying.

What does the Act say?

The Late Payment Act 1998 makes specific legislative provision with respect to interest on the late payment of certain debts arising under commercial contracts for the supply of goods or services.

As such, save except where the contract provides for a more substantial remedy, the Act implies a term into commercial contracts allowing suppliers to charge interest of 8% per annum, plus the Bank of England base rate, on overdue invoices for business-to-business transactions.

In addition to the provision for statutory interest, the Act also allows for the recovery of a fixed sum, together with reasonable costs of recovering the debt. Here, the amount a supplier is permitted to charge the customer will depend on the value of the debt.

For debts of up to £999.99 this sum is set at £40, increasing to £70 for debts between £1,000 to £9,999.99, and £100 where the debt is in excess of £10,000.

What constitutes a late payment?

The provisions of the Late Payment Act 1998 will trigger only once a commercial payment is deemed late. This, however, will very much depend on the terms of any agreement, written or otherwise.

If a supplier and customer agree a payment date, typically this will be within 60 days. Whilst a longer period can be agreed, this must be deemed fair to both businesses.

In the absence of any agreement as to payment date, the law provides that payment will be late 30 days after the customer receives their invoice or, where later, the supplier delivers the goods or provides the service.

What is likely to happen in practice?

Notwithstanding the statutory rights of the supplier, in practice many goods and service providers elect not to exercise their right to charge interest and fixed debt recovery costs on each late commercial payment, not least because these penalties are likely to have a detrimental impact on their relationship with customers, many of whom they may wish to do repeat business with.

In theory, yes, a supplier does have the right to impose a fixed financial penalty, together with interest, on an unpaid commercial invoice, even if it is just a few days late. However, in practice, this is not conducive to maintaining a positive working relationship with their customers.

Needless to say, it also has the potential to cause significant reputational damage if word gets round that a particular supplier approaches the problem of late payments in such a draconian way.

In many cases, the mere existence of the statutory right may be sufficient to deter commercial customers from not paying their invoices on time. Moreover, in the event that a business-to-business relationship eventually comes to end, there is nothing to prevent the supplier from retrospectively imposing these charges on each and every late invoice that has historically accrued.

Even though the statutory limitation period for debts would prohibit a supplier from making a claim dating back more than six years, and even though a supplier can only charge the customer once for each late payment, the cumulative total of multiple small unpaid invoices over this period of time can still amount to a sizeable sum for a disgruntled supplier.

As such, commercial customers should be wary of consistently paying late, even where no action appears to have been taken at the time, otherwise risk being penalised in one single, and expensive, hit later down the line.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

Challenging wills and charity legacy disputes

A simple gift made by someone in their will can provide a primary source of income for charities, although this is not always as straightforward as it sounds.

Notwithstanding the principle of testamentary freedom under English law, it is not uncommon for legacy disputes to arise when it comes to charitable bequests.

Indeed, relatives can raise all sorts of challenges, from the validity of the deceased’s will to claims for financial provision for dependants. Needless to say, this can place a charity in the difficult position of deciding whether to defend their stake, notwithstanding the potential risk of reputational damage, as well as the litigation and costs risks involved.

Below we briefly examine how these types of dispute can arise and the risks involved in defending charity legacy disputes.

The different types of charity legacy disputes

A charity legacy dispute can arise in several different ways, although perhaps the most common scenario is where financial provision has not been made within the deceased’s will for a loved one and a claim is made to the court to vary the distribution of the deceased’s estate.

An Inheritance Act claim can be made against the deceased’s estate within six months of the issue of the Grant of Probate by certain categories of person, provided they can show that they were financially dependent on the deceased and that the deceased did not make adequate provision for them in their will.

Additionally, there are a number of circumstances in which a deceased’s family may seek to contest the validity of the will, and although this is highly unlikely to involve any direct allegations against the charity itself, a finding by the court in the family’s favour could serve to entirely negate any charitable bequest.

By way of example, the validity of a will can be challenged where it is argued:

• The will has been improperly executed, ie; the signing of the will has not been witnessed correctly.

• The deceased lacked the mental capacity when drawing up and signing the will, ie; s/he was not of sound mind.

• The deceased was coerced into making and/or signing the will, ie; s/he was forced into agreeing to certain provisions.

• The will is fraudulent, ie; the document, or some part of it, has been forged.

The risks involved in defending a charity legacy dispute

When deciding whether to defend a challenge made to the provisions of the deceased’s will, the guidance provided to trustees by the Charity Commission is that they have a duty to act in the best interests of their charity, together with a duty to protect and, where necessary, to recover, assets belonging to the charity.

First and foremost, therefore, it is important to ascertain exactly what sums are involved, not least if the charity has been named as a residuary beneficiary rather than being bequeathed a specific sum of money. The trustees can then begin to determine whether litigating any legacy dispute is in fact in the charity’s best interests.

The trustees should also make further inquiries as to the nature of any challenge raised by the deceased’s family, including the extent of any evidence in support, so as to assess the charity’s prospects of success.

Needless to say, seeking expert legal advice from a specialist in charity legacy disputes will not only help to determine the best course of action to take, based on the facts of the case, but also help the trustees to discharge their duties to protect and recover all charitable assets.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

New Vacancy: Full Time Conveyancing Assistant

Conveyancing Assistant – Full Time

Blackhurst Budd are currently looking for a conveyancing assistant to join their busy residential property team based in Blackpool.

Key responsibilities

• Working with fee earners and solicitors responsible for Conveyancing matters – Sales, Purchases, freehold and leasehold.

• Communicate effectively with clients, third parties and team members.

• Answering a high volume of incoming calls for updates

• Keep clients updated on their conveyancing transaction, prepare documents and deal with post-exchange and completion matters.

Knowledge, skills and qualifications

• Minimum of 1 year residential conveyancing experience in a similar role

• Knowledge of the procedure and documentation in relation to sales, purchases, mortgages and re-mortgages, flats and leasehold property purchases and buy to lets

• Able to work on own initiative and as part of a team

• Effective oral and written communication skills

• Good IT skills and knowledge of any legal Case Management system

• Effective prioritisation with ability to meet deadlines and manage time effectively

To apply please send your CV with covering letter to Anna-Clare Mumby acm@blackhurstbudd.co.uk.

Closing date Friday 18th October.

How to protect your pension following a divorce

Unless there is a consent or court order in place confirming settlement of all marital assets, either party to a divorce or dissolution of a civil partnership can stake a claim to their former spouse or partners’ pension decades down the line.

Divorce or dissolution of a civil partnership does not, of itself, cut the financial ties between two people. Nor does it matter, in the absence of a legally binding financial agreement or order, whether and to what extent any post-separation pension contributions have been made, or how many years have passed prior to a claim being raised by a former spouse or civil partner.

Accordingly, when considering a financial settlement, it is absolutely crucial that a court-approved agreement or order is put in place at the time, including how any available pension pot is to be divided. In many cases, after the family home, pensions held by either party are likely to represent one of the most valuable marital assets to which careful consideration should be given.

How will a pension be divided?

Once your marital assets have been properly assessed, including any pensions, there are several different ways to split a pension pot following divorce or dissolution of a civil partnership, including what’s known as pension sharing.

Pension sharing allows one party to take a percentage share of their former spouse or partner’s pension pot straightaway. This is called a pension credit that can either be transferred into an existing pension or used to create an entirely new pension. This can be useful where the parties are looking for a clean break.

Alternatively, where the court is asked to decide on how to divide the pension pot, an order may be made for a pension attachment order where part of a pension is paid directly to the other person when the pension holder becomes eligible to draw this.

The court, or the parties, may also elect to offset the value of a pension against other assets, for example, one party keeps their pension in full while their former spouse or civil partner is perhaps awarded a larger share of the family home.

How do I avoid a pension claim?

To avoid problems over pensions arising in the future, you should always endeavour to agree with your ex-spouse or civil partner how any pension(s) and other valuable assets are to be split.

Further, having reached an agreement with your ex, you will then need to instruct your solicitor to draw up a consent order to be approved by the court. This will legalise, and ultimately finalise, your financial settlement, such that neither party can make any further claims in the future.

In this way, your financial ties will be severed for good, and your pension and any other remaining assets, or what you are still entitled to under the terms of any agreement, will be protected. Needless to say, if agreement cannot be reached you should seek expert legal advice, or risk your pension being unprotected in years to come.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

What is commonhold?

Most of us will have come across the terms “freehold” and “leasehold”, but due to the relative scarcity of commonhold properties, very few can claim to be familiar with the phrase “commonhold”. Below we look at what this form of tenure means and why we shouldn’t necessarily shy away from it.

How does commonhold work?

The commonhold regime came into force in 2004 under Part 1 of the Commonhold and Leasehold Reform Act 2002. This effectively introduced commonhold as a new form of freehold ownership.

These provisions were primarily designed to assist tenants of residential leasehold flats – ie; those with shared services and shared common parts such as hallways, stairwells and lifts – although commonhold can be equally useful in commercial or mixed-use developments where shared facilities exist.

Under a commonhold development, each individual property owner will own the freehold to their flat, office or shop, while the freehold to the structure and shared parts will be owned by what’s known as a “commonhold association”.

Each individual property owner will be a member of the commonhold association – a company limited by guarantee, with the details decided by the association’s prescribed form of memorandum and articles – and each member will be allocated voting rights.

Each commonhold association will also have a “commonhold community statement”, which specifies the properties within the residential, commercial or mixed-use development, and the rules of that commonhold.

Typically, each owner will be responsible for the maintenance of their own unit, with the commonhold association responsible for the repair of the structure and common parts. Each individual owner will also be liable to contribute towards the expenses of the commonhold association, similar to the service charge payable under the leasehold regime, with provision for a reserve fund.

What are the benefits of commonhold?

Since its introduction, the use of commonhold has been implemented mainly in new developments – although technically an existing leasehold development can be converted into a commonhold scheme – such that there are still only a limited number of commonhold properties across England and Wales.

This does not mean, however, that you should shy away from purchasing a commonhold property, not least because there are several benefits to owning a property under this form of tenure.

One of the main benefits of owning a commonhold property is that you will have the opportunity to actively take part in how the building is run, with the ability to take steps to effectively enforce any breach by other property owners.

Further, in addition to having an increased level of involvement in your own commonhold community, the commonhold regime also addresses one of the main problems currently encountered by tenants of residential leasehold developments, namely the diminishing value of leasehold property as an asset.

In contrast to leasehold, there is no limit on how long you can own a commonhold property. A commonhold owner will instead own the freehold interest to their property that will not depreciate towards the end of any lease term. As such, commonhold properties may attract a premium as a result.

What are the drawbacks of commonhold?

Needless to say, the commonhold regime is not without its own problems, not least that it is up to the members of the commonhold association to enforce the rules under the commonhold community statement, easily leading to disharmony amongst residents.

There is also no requirement for the commonhold assessment – namely, the estimate of the overall costs of managing, maintaining, repairing and insuring the building – to be reasonable, whereby individual property owners will not have the benefit of any statutory protection over service charges available to residential leasehold tenants.

Accordingly, if you are thinking of buying a commonhold property, you should always seek expert legal advice so that you can make an informed decision about the pros and cons when buying against the traditional leasehold.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law and should not be treated as such.

Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.