Kent Solicitors

Planning Permission needed if you have a motorbike?

2009-11-02T13:13:00.002Z

Did you know that it is against the law to ride or push a motorbike from the road to your house front garden or parking space unless you already have an authorised driveway and dropped kerb?

An article in the Sunday Express on 1st November, advises that a Mr Morris of Bristol, has been told it is illegal to push the 400lb motorcycle across the pavement to its parking space, and that he must carry the bike or face prosecution! Inspector Colin Salmon of Avon & Somerset Police said “No one should push a motor vehicle on a footpath. If a person wants access to their property they must get planning permission for a driveway and a dropped kerb”.

So if you need to park on your front garden, either a car or a motorbike, you must obtain planning permission from your local authority for the drive and authority from the local highways department for a dropped kerb – to park legally.

For more information contact Michael Breeze at Kaslers Solicitors LLP on 07900 195 195

Residential Property Lawyer

2009-10-28T15:05:00.005Z

Chantal L. Muniandy has joined Kaslers Solicitors LLP to provide expert legal advice to clients on all property matters. Chantal is a qualified Solicitor who lives in Maidstone in Kent .

Please call Chantal on the office number 0845 270 2511 for a quotation if you are buying or selling a property.

Chantal will provide you with a personal service ensuring that your property transaction is as stress free as possible.

Media News - Tiger Lily

2009-10-19T10:29:00.004+01:00

Kaslers Solicitors LLP would like to congratulate the artist Tiger Lily, on her music industry showcase on Friday at Jujus in Chelsea. Fantastic evening!

National Minimum Wage Regulations

2009-09-30T21:44:00.002+01:00

National Minimum Wage Regulations 1999 (Amendment) Regulations 2009 come into force on 1 October 2009. The Regulations increase the rate of the national minimum wage. The main rate rises from 5.73 pounds per hour to 5.80 pounds per hour and the development rate from 4.77 pounds per hour to 4.83 pounds per hour. The rate for workers aged 16 to 17 years increases from 3.53 pounds to 3.57 pounds per hour. The Regulations also specify new classes of persons who do not qualify for the national minimum wage and increase the day value of the accommodation amount that can be taken into account where an employer provides an employee with housing from 4.46 pounds to 4.51 pounds.

Employment Dismissal and Effective Date of Termination

2009-09-28T08:00:00.001+01:00

The Effective Date of Termination is a critical concept within employment law - not least because certain time limits run from it - most notably the 3 months within which you must issue your application

Contact: Michael Breeze (Solicitor, Partner) m: 07 900 195 195
e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

Deposit Forfeiture Special purpose vehicle (SPV)

2009-09-24T08:00:00.002+01:00

If a buyer fails to complete the purchase of land, then the seller forfeits the deposit.

The seller will also claim damages for the losses arising, for example, in a falling market, the difference between the contractual sale price agreed and the eventual sale price

That remedy will be useless if the buyer is a SPV with no other assets

Contact: Simon M. Scott (Solicitor, Partner) Mobile: 07979 916619
email: ss@kaslers.co.uk

Illegal File Sharing and music privacy

2009-09-23T16:58:00.002+01:00

Pop star Lilly Allen, an outspoken critic of both musical piracy and the Featured Artists Coalitions (FAC) softly-softly approach to the issue, has set up a blog http://idontwanttochangetheworld.blogspot.com/
to discuss the problem of illegal file sharing.

Illegal Downloading

2009-09-22T08:30:00.000+01:00

There was a slight dip in illegal downloading of 14-24 years olds according to the UK Music-commissioned study http://news.bbc.co.uk/1/hi/entertainment/8193148.stm

Data Protection

2009-09-21T12:40:00.001+01:00

In August 2009 The Information Commissioner's Office (ICO) found a doctor in Ipswich in breach of the Data Protection Act for failing to secure a computer containing patient information.
The computer was found in a car park by an employee of Suffolk Primary Care Trust. The computer contained employee and patient details.

The doctor has to sign an undertaking to keep personal information securely
Sally-Anne Poole, Head of Enforcement and Investigations at the ICO, said it is vital that sensitive personal information, such as patient information, is handled securely.

Liability of Non-executive Directors

2009-09-14T08:00:00.001+01:00

They must take an active role in the company, else may be held to be in breach of duty.

When an executive director stole many millions and carried out transactions with connected parties, the company sued 2 non-executive directors.

It was held that they should have quizzed him on the deals, all the most so because they knew of his past fraudulent activities

Michael Breeze (Solicitor, Partner) m: 07 900 195 195 e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

Redundancy Consultation

2009-09-12T09:00:00.000+01:00

An employer is obliged to consult with recognised trade unions (or if there are none, employee representatives) if 20-99 redundancies are proposed within a period of 90 days

Consultation must begin at least 30 days before the first dismissal takes effect

If 100 or more redundancies are proposed, then a 90 days consultation period is needed

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk

Redundancy - Length of service

2009-09-10T08:00:00.001+01:00

Length of service alone on a last in first out basis will probably be discrimatory on grounds of age as younger employees tend to have less service.

However, it might be justified if the employer can show that the discriminatory act was a proportionate means of achieving a legitimate aim.

The courts have decided that length of service was an indirectly discriminatory criteria, but it could be justified on the basis of rewarding loyalty and achieving a stable workforce.

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk

Employment Restrictive Covenants

2009-09-05T09:00:00.000+01:00

Check that the employer and employee have actually signed up to the terms of restrictive covenants

So often, the employer never actually included the relevant term in the employment contract

Perhaps the employee never signed up to a new version of the terms and conditions, or the restrictive covenants are contained in a staff handbook which has no contractual status.

An employer should review the position when considering wage increases and make sure that the pay increase is given in consideration of newly re-stated restrictive covenants.

Contact: Selwan Yousif Tel : 0845 270 2511 email : sy@kaslers.co.uk

Walt Disney Acquisition

2009-09-02T17:59:00.001+01:00

Congratulations to Walt Disney for their acquisition with Marvel
http://www.bloomberg.com/apps/news?pid=20601103&sid=aU_kuPju0Ngo

Luke English (Trainee Solicitor)
t : 01732 897 974 e : lde@kaslers.co.uk

Illegal Workers Penalties

2009-09-02T08:00:00.001+01:00

Employers who employ illegal workers face a maximum penalty of 10,000 pounds per illegal worker.

Contact: Michael Breeze (Solicitor, Partner) m: 07 900 195.195
e: mdb@kaslers.co.uk skype: michael.breeze.kaslers

Deposit Forfeiture

2009-08-26T09:00:00.000+01:00

A buyer usually forfeits his deposit if he fails to complete a land purchase - this is not regarded as an unenforceable penalty

The court does have power to order the repayment but it will only do so in exceptional circumstances

The amount of money does not make a case exceptional - a recent case involved a 400k pounds deposit on a 4m pounds transaction

The fact that the seller later sells at a better price is irrelevant

Failing to get or renew a mortgage offer is not sufficient.

Contact: Simon M. Scott (Solicitor, Partner) Mobile: 07979 916619
email: ss@kaslers.co.uk

Inheritance Tax - Joint Assets

2009-08-25T14:58:00.004+01:00

In many cases assets owned in the joint names of the deceased and somebody else, pass automatically to the joint owner regardless of what is written in any Will or the Intestacy Rules. However, this does not mean that such assets are exempt from Inheritance Tax.

Inheritance Tax is payable on the value of the Deceaseds estate over 325,000 pounds at the rate of 40%. (Tax year 2009/10). This includes all the Deceased assets including those held in joint names.

Failure to disclose any assets whether held in sole or joint names may lead to penalties of up to 100% of the additional tax payable.

For further information contact Vanessa Adamson at Kaslers Solicitors LLP on 01622 844607

Data Protection - FSA fines highlight the importance of data security

2009-08-21T13:03:00.003+01:00

The Financial Services Authority (FSA) has recently fined (August 2009) three HSBC firms over 3 million pounds for failing to comply with FSA data security requirements.

The FSA found that the firms did not have adequate systems and controls in place to protect their customers confidential details from being lost or stolen. Despite warnings, a catalogue of errors occurred, including the loss of an unencrypted CD containing the details of 180,000 policyholders and sending large amounts of unencrypted customer details via Royal Mail.
Further breaches included storing confidential information on open shelves or in unlocked cabinets and not giving staff sufficient training on how to identify and manage risks like identity theft.

The FSA fines would have been around a third more, had the HSBC companies not settled with the FSA at an early stage.

Companies need to factor the cost of managing and cooperating with an FSA investigation into their running costs.

Finally, the possibility of customers bringing civil claims should they suffer an alleged loss could be an additional substantial cost.

What should I do about Data Protection?

Companies can protect themselves by making basic initial enquiries about their security procedures. For instance:

Is it under lock and key or on open shelves?

Where is your hard copy information kept and is there back-up for it?

Can information be freely downloaded to portable devices?

Are staff regularly trained on identifying and managing data risks?

Is encryption routinely used on electronic equipment and recording devices?

Is training required for encryption?

Do I need an asbestos survey?

2009-07-29T08:41:00.000+01:00

The manufacture and import of asbestos was banned in 1999

Find out when your building was constructed and /or when any significant refurbishments took place.

All non-domestic buildings constructed during and prior to 1999 must be surveyed.

Note: “Non-domestic” includes the common parts of blocks of flats!!

Does it have to be me who arranges / pays for it?
The burden falls on the person who is responsible for the day to day maintenance of the building

In the case of freehold property, this is likely to be the owner, but in the case of leasehold property it might be the Landlord or the Tenant according to the terms of the lease.

What next?
There are 3 types of asbestos survey. Discuss with the surveyor which one to choose

What should an employer do when faced with an employee incident at work?

2009-07-28T08:00:00.000+01:00

Follow any contractual or non-contractual procedure already published but if there is none…..

Appoint someone to carry out an investigation to establish the facts.

If you then decide to take disciplinary action, write to the employee concerned with detailed allegations and possible consequences

Attach copies of any written evidence

Ask him to attend a disciplinary hearing at a given time and location.

At the hearing

your representative (preferably someone other than the investigator) should explain the case and go through the evidence gathered

Allow the employee to answer all the allegations, ask questions and call witnesses.

Decide (preferably after due consideration, rather than instantly) whether any disciplinary action is necessary and write to the employee accordingly

If the issue is
o Performance or conduct, give a first written warning setting out a timetable and pattern of improvement for the employee to follow. Consider training. Write down the consequences of failure

o Extremely serious, give a final written warning.

o Gross misconduct, you might consider dismissal without notice

Indicate how long the decision will remain on the employee’s personnel file

Set out the right to appeal and how they should go about this

Hear the appeal (preferably using different, more senior managers)

Write to the employee confirming or overturning the decision or amending any penalty. Indicate how long the decision will remain on the employee’s personnel file

Residential Tenancies Consequences of a rental over 25,000 pounds

2009-07-27T08:00:00.003+01:00

A residential tenancy with a rent exceeding 25,000 pounds will not be an Assured Shorthold Tenancy.

It will be a Common Law tenancy and therefore

The landlord will be entitled to possession at the end of the tenancy (without service of Notice To Quit).

The landlord will be able to bring the tenancy to an early end on any of the grounds specified in the tenancy agreement ( the Landlord is not restricted to the prescribed grounds set out in Schedule 2 Housing Act 1980).

The Tenancy Deposit Scheme provisions will not apply.

However, no eviction is possible without a Court Order.

Assured Shorthold Tenancies Rental Limits

2009-07-20T08:00:00.001+01:00

A tenancy cannot be an Assured Shorthold Tenancies (AST) if the rent exceeds 25,000 pounds

The £25,000 figure can be easily exceeded in a shared house or in a house of multiple occupation, where the rent is calculated as the combined rent of all tenants

Example: 5 joint tenants (for example students in a flat share) paying 100 pounds per week
= 5 x 100 x 52 = 26,000 pounds

Rates on Empty Commercial Property

2009-07-15T08:00:00.000+01:00

Unoccupied commercial premises (e.g. retail or office) used to get a get a 3-month exemption and then have to pay 50% rates. Now they get a 3-month exemption and then pay 100% rates.

For further details call Michael Breeze on 07 900 195 195.

Compromise Agreements

2009-07-13T08:00:00.001+01:00

An NHS Trust has been held to go back on its own deal and upset the payment under a Compromise Agreement because it had acted outside its powers in agreeing an irrationally generous compensation payment.

This legislation could be used in other areas for example, massive pay offs on retirement to bankers and captains of industry where these are perceived as compensation for failure.

For further details call Michael Breeze on 07 900 195 195 to discuss further.

Directors Residential Addresses

2009-07-10T08:00:00.002+01:00

In future, company directors and secretaries can keep private their private address and this will not be public information obtainable from Companies House.

They will provide a service address as well as their residential address. The former will appear in the company register of directors (It can be the trading address or the address of the companys accountant) and the latter will go into a separate new register and be protected information.

Existing directors will continue to have their residential addresses publicly available, until such time as they change the address for service (possibly after 01/10/09)

For further details call Michael Breeze on 07 900 195 195 to discuss further.