It is a simple but important rule, that when drafting a contract, it is important that the terms are clear and not open to interpretation. Unfortunately, it is remarkably common for this not to be the case, particularly where contracts are drafted without the...
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How do the stamp duty changes affect you?
Are you a current homeowner or landlord? Are you thinking of purchasing a property? The government is set to make changes to stamp duty on property as of 1st April 2016; see how the stamp duty changes affect you. Radical reforms to residential property and stamp duty...
Duty of care: developing a site
It is well established that the developer of a site owes a duty of care to the owners of adjacent property not to cause damage to their property during the development. Developers need to take reasonable steps to ensure that they perform the necessary searches to...
SERVICE CHARGES: THE HIDDEN COST OF OWNING A FLAT
Service Charges: The Figures A study released this week has found that service charges for new build apartments have now reached an average of £2,777.00 per year. While this may be in part due to expensive apartments in impressive modern buildings along the Thames in...
Lasting Powers of Attorney: what are they and do I need one?
Whilst not everyone has a will, most people are aware of the existence of them and the importance of them. However, not many people are aware of the existence of Lasting Powers of Attorney (LPA). Where a will provides for what will happen following your death, an LPA...
New Legal Costs Services Department!
Levi Solicitors are pleased to announce the launch of their new Legal Costs Services Department which offers a complete service to address their clients' law costs concerns. Experienced costs lawyer Simon Miller will handle all Legal Costs Services. I am happy to...
Government Proposes Huge Hike To Probate fees
Currently, if you are applying for a grant of probate in your role as an executor then you will be required to pay a probate fee to the probate registry of £215 (or £155 if a solicitor has prepared the application for you). However, the Government has recently...
Andrew Milburn | SFE Full Accredited Member
Andrew Milburn - Will, Trust & Probate Solicitor at Levi Solicitors - has become a fully accredited member of the Solicitors for the Elderly (SFE), building on his previous membership acceptance in 2014. What are SFE Full Accredited Members All SFE Full Accredited...
5 more tips in a claim for professional negligence!
Following on from yesterday's 5 tips for a professional negligence claim, here are 5 more tips to make up 10 tips to ensure your claim goes smoothly. Obtain legal advice – it is at this point you would contact a solicitor as these cases can be extremely detailed and...
5 tips in a claim for professional negligence
Have you ever instructed a professional to act on your behalf and that professional fails to provide you with the service you or your business expected, and as a result caused you financial loss? - you may have claim for Professional Negligence. Here is the first...
Can a deputy under a Court of Protection order give gifts?
The answer is generally no, however the first thing to look at is the order from the Court of Protection itself; the order grants specific powers to the deputy which may include a general power to give small gifts, i.e. up to £1,000 per year. However, deputies can...
BONUS: Our top 3 tips for making a will
1. Instruct professionals to draft a will – whilst you may see packages to help you draft your own will at home, these may cause more problems (and costs!) than any savings you may make. A small outlay to have a professionally drafted will could save your estate...
Bringing a claim using the online court
In a recent report, appeal court judge Lord Justice Briggs recommends an ‘online court’ meaning a court without solicitor involvement. There is a clear and pressing need to use the opportunity presented by the digitising of the civil courts to create for the first...
Contest a Will: Is inheritance is going to the dogs?
One of the fundamental principles of English law is of testamentary freedom. Unlike some other European countries, everyone in England and Wales is free to leave their estate to whoever they wish; there are no forced heirship rules governing who we have to leave our...
Vulnerable clients: How can I help?
Vulnerable Clients - The Failure to Make Reasonable Adjustments It is the nature of a solicitor’s job that they act for people from all parts of the social spectrum. Inevitably, this will include people who are vulnerable clients, such as the very young or old, or...
Limitation Periods – Don’t be caught out!
Christmas celebrations have now come to end and a new year has arrived. While for many 2016 promises new and exciting opportunities, for some (at least in a legal context) it will signal the end of opportunities that previously existed. I am of course talking about...
The New Residence Nil Rate Band
How does the old saying go – “nothing is certain but death and taxes”. Unfortunately the saying still holds true today and as explained in last week's article - 'How Much Inheritance Tax Will My Beneficiaries Have to Pay?' - the standard rate for inheritance tax for...
Derivative Claims: Shareholders strike back
The situation may arise where a shareholder: believes their shareholding his been prejudiced by the actions of a director; and the company (possibly controlled by that director) refuses to take action. The shareholder wants the director to be held to account. However,...
How much Inheritance Tax will my beneficiaries have to pay?
The beneficiaries of a will are not liable for nor will they pay inheritance tax - your estate is liable. Following your death your executors or your administrators - if you died without a will - will gather your assets and pay your liabilities. Any inheritance tax...
Who will be the executor of my estate?
Do you have a will? If so, it is more than likely that your will deals with the appointment of executors. If you don’t have a will then there are rules which dictate who is entitled to apply for a grant of administration - this increases the number of issues to be...
Boilerplate: The unsung contractual hero
Commercial contracts are long and complex documents. Consequently while the body of the contract is often considered in detail, the ‘standard’ clauses that often adorn the end of a contract (those dealing with jurisdiction, whole contract etc.) are often overlooked....
Frustrated? Illegal Contracts …
Illegal Contracts English law promotes the concept of freedom of contract - that parties are free to agree a contract on any terms. Naturally, this freedom is restricted in certain respects, the most noticeable of these being in illegal contracts. If that law...
Agency Agreement – Termination of a Contract
The Cost of Terminating an AGENCY AGREEMENT In a previous article we considered in broad terms how the Commercial Agent (Council Directive) Regulations (‘the Regulations’) impose strict obligations on the relationship between principal and agent in contract law. In...
Bat Protection – Construction Work To a Property
Farmer Who Hid His Castle behind a Hay Bale Wall Now Claims Bats You may be familiar with the farmer – Robert Fidler - who built a castle without planning permission and then hid it behind a wall of hay for four years. This was to try and exploit a loophole which...
Penalty Clause in Contract – Getting Caught Out
This week has seen one of those rare moments where a court decision has completely changed our understanding of the penalty clause in contract law. Until this week, it was a long standing legal principle that a penalty clause in a contract was unenforceable at...
BBC RADIO LEEDS – EXPERT HOUR PHONE IN
Steven Newdall, Managing Partner and Jeffrey Myers, Partner At 11am on 16 November 2015, Steven & Jeffrey joined Richard Stead at BBC Radio Leeds answering your questions and offering expert legal advice (for free!). They covered a variety of legal topics from...
Estoppel by Convention Benefitting from Forgetfulness
What is 'estoppel by convention'?Estoppel by convention is a form of equitable remedy that acts to bind parties to a shared understanding of the terms and facts of a contract.What does this mean?Where two parties negotiate or operate a contract based on a shared...
What is Abuse of Process?
It is well known that a court may use its case management powers to strike out a case if the action amounts to an abuse of process. What is much harder is defining what exactly amounts to an abuse of process. Following the amendment to the Overriding Objective...
Duties of Directors UK
A director of a company has a duty to promote the success of that company for the benefit of the shareholders. However, at the point where it becomes apparent that a company is trading insolvent, his duties changes and the director must from this point act in the best...
Help My House is Falling Down!!
Upgrading Your House: What if it all Goes Wrong Buying a house is usually one of the biggest purchases you will make in your lifetime, so it’s understandable if you decide to upgrade your house rather than go through all the rigmarole of looking for a new house, and...
























