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Briefing Notes

Briefing Notes

 

briefing notes

Motor Vehicle Block Exemptions Consultations - EU/UK

Legal framework Broadly, anti-competitive agreements or concerted practices are prohibited under competition law (in particular, Article 101 of the Treaty on the Functioning of the EU (TFEU) and its UK equivalent, the Chapter 1 prohibition of the...

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briefing notes

An overview of the UK's data privacy regime

The EU has the EU General Data Protection Regulation (EU 2016/679) (the “EU GDPR”) which, until Brexit, was directly effective in the UK. Notwithstanding Brexit, the rules underpinning the UK’s data privacy regime have remained to a large...

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briefing notes

Your commercial property needs

As your requirements to occupy property evolve in a post-Covid world, we can help you navigate the challenges and opportunities for your business.  Challenges and opportunities Issues How we can help Hybrid working Reconfigured...

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briefing notes

Fixed fee no fault divorce

The family team at Stevens & Bolton can usually offer clients a fixed fee for dealing with their divorce. The divorce costs are separate to those for dealing with any financial or children matters. If we make a sole application on behalf of our...

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briefing notes

Obtaining a No Fault Divorce

The Divorce Dissolution and Separation Act 2020 (DDSA) comes into effect on 6 April 2022 and brings with it significant reform to the existing divorce process.  Applications made up to and including those issued before 4pm on 31 March 2022 will be...

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briefing notes

The Commercial Agents (Council Directive) Regulations 1993

The Regulations implemented the European Directive on self-employed commercial agents and they continue to apply post-Brexit. They impose significant obligations on principals concerning commission, minimum termination notices, compensation and restraint of...

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briefing notes

Rent arrears recovery and the Debt Respite Scheme (Breathing Space)

With Covid-19 restrictions eased but restrictions on commercial landlords continuing, more landlords are turning their attention to taking action to recover commercial rent arrears, perhaps encouraged by recent favourable court decisions. Where landlords...

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briefing notes

Changes to the rules on self-isolation: implications for employers

On Monday 16 August, the rules on self-isolation are changing. Employers will once again need to get to grips with more new rules and consider how to communicate them to staff and implement them fairly and safely in the workplace. Office based employers have...

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briefing notes

Worldwide freezing orders

What are worldwide freezing orders? A “freezing order” is a type of prohibitory injunction ordered by a court, obtained by one party (the applicant) against another (the respondent) to restrain the respondent from unjustifiably disposing of, or...

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briefing notes

Tumbling rents and COVID clauses: What to expect from your retail lease renewal in COVID times

Lease renewals under the Landlord and Tenant Act 1954 are a very common feature of the commercial property market. In "COVID times" there are widely differing market conditions across sectors (contrast logistics and hospitality, for...

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briefing notes

Mediation: resolving family disputes, lessening family acrimony

Mediation is a process to help couples who have decided to separate or divorce to talk things through. Mediators are trained to help you reach an agreement about how to make the best arrangements for the future. This may be about the way the children are...

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briefing notes

Collaborative practice: Resolving family disputes, lessening family acrimony

It is a fact of life that relationships break down. When they do disputes often emerge as a couple attempt to address the emotional and financial consequences of that break down. It is increasingly accepted that the family court is often not the best place...

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briefing notes

Financial documentation belonging to another

Many new clients bring us original or copy documentation relating to their spouse’s or partner’s financial or personal position. The Court of Appeal’s 2010 decision in the case of Tchenguiz & Others v Imerman has made it more...

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briefing notes

Hybrid mediation on separation and divorce

To complement the traditional family mediation process we now offer a new mediation model. Hybrid mediation allows those who are reluctant to engage in the traditional process to mediate in a more supported way. It is an excellent alternative to the court...

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briefing notes

Pre and post nuptial agreements

Nuptial agreements are contracts entered into by a couple for the purpose of defining what would happen to their assets if their relationship failed.  Commonly these are signed prior to marriage or civil partnership although this does not have to be...

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briefing notes

Living together: Your rights as a cohabitant

As many as 40% of all “permanent” couples now cohabit and one in four children are born outside marriage. Many cohabitees mistakenly believe that once they have cohabited for a certain period they acquire some form of “common law”...

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briefing notes

Treatment of trust on divorce

It often comes as a surprise how much discretion a family judge has to redistribute the resources on divorce. These resources can include a whole raft of assets including company shares, pensions and interests in trusts. In recent times judges have taken a...

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briefing notes

Financial procedures on divorce

Various orders for financial provision can be made following divorce, including the payment of maintenance, lump sums, orders for the transfer of property and the sharing of pension interests. Guidelines provide for mutual disclosure of financial...

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briefing notes

Children: A brief guide to obtaining orders under the children act 1989

If separating couples cannot agree arrangements for their children it may be necessary to seek the assistance of the court. Issues in respect of a child’s home, choice of school and parental rights are not just dealt with within a divorce setting....

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briefing notes

Purchasing a property together

This note refers to properties bought by more than one person, who are not married, regardless of whether they are in a relationship. As such, it does not apply to married couples or civil partners. Those buying property jointly should be aware that there...

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briefing notes

CPI and RPI indexing

Court orders for maintenance can be in place for many years during which time the effect of inflation could reduce the value of the maintenance award in real terms. Instead of having to apply to court to have the order varied, a court can order maintenance...

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briefing notes

Directors' duties - a practical guide

This guide provides directors of UK incorporated companies with a general overview of the statutory and other duties and obligations which should be complied with in that role. We also offer practical guidance on safeguarding directors from personal...

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briefing notes

Making a settlement offer as a defendant

It is always better to settle a dispute if possible, as it will be quicker than going to trial which means a saving of time and costs, and you avoid the uncertainty involved in a trial. Even if your opponent does not accept your settlement offer, you could...

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briefing notes

Estate and succession planning during COVID-19

Even as we all begin to adjust to living with the reality of COVID-19, the pandemic continues to bring with it a great deal of uncertainty about the future. We continue to see many clients wanting to make sure that their own affairs are in good order:...

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briefing notes

Share incentives: EMI options - overview of conditions and tax treatment

Introduction This note outlines the key conditions which need to be met and the tax treatment of EMI options. It is not designed to be a definitive statement of the qualifying conditions and tax treatment but instead is intended to provide an overview for...

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briefing notes

Corporate Insolvency & Governance Bill 2019-2021: The Insolvency Changes You Need To Know About

On 20 May 2020, the Corporate Insolvency & Governance Bill 2019-2021 was introduced to Parliament. With the Bill slated to be fast-tracked into law, here are some of the key insolvency aspects to be aware of.   Why now? Consultations were...

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briefing notes

Articles of association - time for an upgrade

A company’s articles of association ( articles ) are a set of rules which govern the internal affairs of the company and form the basis of a statutory contract between the shareholders of a company and the company itself. Every company must have a set...

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briefing notes

Coronavirus - Immigration Q&A (updated on 14 May 2020)

The COVID-19 pandemic has had a wide ranging impact on virtually every aspect of life, including immigration matters.  We have set out below some of the key issues for businesses and individuals to consider in relation to immigration applications and...

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briefing notes

Enter stage left: the new 'light touch' administration

The extraordinary disruption to UK business caused by the COVID-19 lockdown has spawned much discussion about changes to existing insolvency laws to help businesses which are struggling to survive in this abnormal environment. One topic of discussion has...

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briefing notes

Better the Devil you know? The transition from LIBOR to SONIA

It is unlikely to have escaped your attention that LIBOR, the “London interbank offered rate” which appears as a base benchmark rate in countless corporate loans, is living on borrowed time.  LIBOR will disappear at the end of 2021 and most...

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