Court Fees are set to increase from 30 September 2021

Court fees are set to increase as the government seeks more to fund the Court and Tribunal service.  The Government launched a consultation in March 2021 on increasing selected Court fees and help with fees income threshold in line with inflation, and to backdate increases to feed by inflation to 2016 (the last year that fees were increased). It is estimated the change will raised up to £17m extra every year for HM Courts & Tribunals Service and reduce the burden on the Treasury for funding the system. There were 89 responses to the consultation period. Respondents were split on whether they agreed with the proposal that fees should be increased periodically in line with inflation. 61% of respondents disagreed with the proposal to apply inflation (backdated to 2016 or the year the fee was last…

Common probate disputes and how to avoid them

Tussles over a deceased loved one’s belongings are sadly not uncommon. Unpleasant in all situations, such disputes can be particularly problematic for farming families as it may mean the farm having to be sold or split up. Johanne Spittle, Director of Litigation and agricultural law specialist at Ware & Kay Solicitors in York and Wetherby outlines some common causes of probate disputes and provides guidance on how best to avoid them.  Probate is the process by which an estate is distributed under the terms of a Will after someone has died. Disputes can emerge for a variety of reasons during this process, but some common reasons in a farming context, include: the lack of a Will; an invalid Will; an outdated Will; a Will that was prepared close to death; lack of clarity on farm…

Implications of the new Debt Respite Scheme Regulations for Landlords

The Government has recently published guidance on a breathing space for debtors that will come into effect on 4 May 2021: The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. As a creditor, if you are told that a debt owed to you is in a breathing space, you must stop all action related to that debt and apply the protections. These protections must stay in place until the breathing space ends. There are two types of breathing space: a standard breathing space and a mental health crisis breathing space. Both have the same effect to prevent creditors from taking action to recover qualifying debts while the Regulations are in force. A standard breathing space is available to anyone with a problem debt and will give them legal…

When can you refuse a bad commercial tenant a new lease?

The court provided useful examples of the sort of conduct that might allow a landlord to refuse a new lease, even though the tenant has security of tenure under the Landlord and Tenant Act 1954 (“the Act”). The judgment can be found here. Background When granting most leases to be used as commercial premises, the landlord and tenant need to agree to follow a special procedure, known as ‘contracting out’, otherwise the tenant’s lease will not end at the end of the period stated in the lease. The lease is continued by law and the tenant has a right to apply to the court for a new lease, if terms cannot be agreed. The landlord can only end the lease under certain circumstances set out in the Act. The most common are that the landlord wishes…

Don’t be a farming nuisance

A farm is an eternal hive of activity. There is always something going on, work to be done, developments to be made, and improvements to be completed. With such activities, some noise and disruption is inevitable. However, if your actions impact your neighbours to such an extent that it amounts to a nuisance, this could lead to untold legal headaches. Nuisance is unreasonable interference with another person’s use or enjoyment of land. Nuisance can be public, statutory, or private.  Public nuisance Public nuisance can be a criminal offence and arises where a group of people are affected by your actions, for example if you obstruct the highway or pollute water supplies. Statutory nuisance Statutory nuisances are defined by the Environmental Protection Act 1990 as something which is ‘prejudicial to health or a nuisance’. This can include excessive noise…

Contesting a Will – do I have a case?

Will disputes are becoming increasingly common due to an increase in the elderly population, a rise in dementia and Alzheimer’s sufferers, changes in family structures and the increasing value of estates.  What are the grounds for contesting a Will or estate? Claim under the Inheritance (Provision for Family and Dependants) Act 1975 If you have been left out of a family member or a friend's Will, or if you do not think you have been left enough under a Will, then you may be able to make a claim for reasonable financial provision under the above Act. There are a number of criteria which any potential claimant will need to satisfy, one of the most important ones of which is being able to demonstrate a "financial need".  There is a time limit of six months from the…

Legal top tips when building a granny annex

Building a granny annex can seem a perfect solution to many families; not only is it a way of consolidating family assets and passing on wealth but it also provides an immediate solution to childcare and a longer term plan for caring for elderly parents. However, before embarking on this project it is important that you consider and avoid the potential pitfalls! Disputes about ownership further down the line are unfortunately common and so it is essential that the arrangements are properly documented and legal advice is obtained. If you are combining finances with other family members then it is important that this is properly documented. If, for example, it is intended that the property will be owned jointly, as tenants in common, consideration needs to be given to what happens after your parent dies and…

Avoiding disputes in family owned businesses

When relationships between business owners break down the impact on the business can be far reaching. In a family business, commercial problems can become complicated by unresolved resentments and issues that lie under the surface and once families fall, those problems can be difficult and expensive to resolve. Anecdotal evidence suggests that only 1 in 6 farming family businesses have a written partnership or shareholders’ agreement in place. It is no coincidence that we have seen an explosion of cases before the courts involving farming families who have failed to document how the business is to be run in terms of management, retirement and succession. One of the simplest ways of avoiding conflict in family owned businesses is to reach an agreement at the earliest possible stage about how the family will deal with matters…

Effective Debt Recovery – What you need to know

It is tempting for businesses to be reticent about taking action to recover a debt from a ‘longstanding customer’ particularly one that places a lot of orders with you. But these customers may be affecting your cash flow and putting your business at financial risk. Taking action sooner rather than later is important to the operation of your business and it can also stop your customers seeing you as a ‘soft touch’, paying other creditors before you because they are shouting louder. Effective Credit Control To help ensure your company runs smoothly and cost-effectively. The following steps will help you implement effective credit control: Issuing regular statements to your customers and chasing for payments by email, letter and in person. Making sure that you put procedures in place to avoid the risks of…

What are the legal issues for retail landlords and tenants over the Christmas period?

For most retailers, Christmas is the busiest trading period of the year and with the challenges facing the High Street many will be taking every opportunity to maximise their revenue. However, it is important that tenants and landlords consider their lease and other obligations when planning their Christmas trading activities: Pop-up shops: it is now common for landlords to fill empty space with ‘pop-up shops’ or bars and restaurants. It is important that they check whether planning permission is required and to ensure that the arrangement is properly documented. Although granting a licence to occupy may be convenient, a short term lease which is contracted out of the Landlord & Tenant Act 1954, possibly with an option to break, is a safer route. The building insurance policy should also be checked. Use: Leases…