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Don’t put it off… making your Lasting Power of Attorney now is Important!

We are often called upon to provide advice and assistance in relation to Lasting Powers of Attorney (LPA) for our clients. There are two types of LPAs – one for property and finances and the other for health and welfare.  These documents last beyond mental incapacity and provide invaluable assistance in what can be a very difficult time for both the client and their family. Although the majority of LPAs are used when clients reach old age,...
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Does your Will work?

Does your Will work? Do you have a Will? If not, why not? If so – are you sure it works to your advantage? A recent report by STEP (Society for Trusts and Estate Practitioners) shed light on how many of its members have come across Wills which have been badly or wrongly drafted and have ended up costing clients thousands of pounds. The report published last week and entitled ‘Wills & Trusts: Buyer Beware’ highlighted the...
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The year ahead. What will 2023 bring?

What will the coming year bring? As we begin another year we face uncertainty as to what 2023 may bring. Recent years have been unsettled and things once regarded as certain no longer feel quite so solid –  the world feels wobbly. War in Ukraine, rising interest rates, the cost of living crisis and the lingering after effects of the Covid pandemic have all had an impact. After a number of such wobbly years we would be...
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SDLT cut until 31 March 2021

Today the Chancellor announced that he will cut stamp duty land tax (SDLT) to stimulate the housing market. The threshold will increase from £125,000 to £500,000. The cut will be temporary until 31 March 2021. Details are awaited as to exactly what and who will be eligible for this rate and we will update this post when further details are available.

COVID 19 Coronavirus Job Retention Scheme (CJRS) – General update – June

The Government’s furlough scheme has provided much-needed financial support to business and the self-employed. It is estimated there are currently 8.4 million people being paid through the furlough scheme as well as a further estimated 2 million self-employed receiving assistance. When the Chancellor announced details of the Scheme on 20 March, it was initially backdated to 1 March 2020 for employees, subject to eligibility. Further guidance has also included that Office holders (including company directors), salaried members...
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Moving home – Covid-19

People can now move home. The government has issued Government advice on home moving during the coronavirus (COVID-19) outbreak, providing updated guidance for those involved in the process.

Property market re-opens today – Covid-19

From today, property viewings and moves are allowed, subject to physical distancing being observed. At the time of writing the guidance is being updated. Newspapers report that Robert Jenrick, the communities secretary, said removal companies, conveyancers and estate agents could restart their businesses with immediate effect. He said the government estimated that more than 450,000 buyers and renters had been unable to progress their plans to move since March. Mr Jenrick also said: “Our clear plan will...
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Key Worker Wills and Lasting Powers of Attorney Discount Scheme

Edward Harte Solicitors recognise the outstanding work being undertaken by our Keyworkers during the Coronavirus crisis. We would like to show our appreciation to those who are doing so much for us by offering a 10% discount on Wills and Lasting Powers of Attorney for instructions received by 1st June 2020 from anyone recognised as a Keyworker by the UK Government. Keyworkers include those employed in the following sectors: Health and social care; Education and childcare; Key public services; Local...
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Corona Virus Act 2020 – Effects on Commercial Landlords and Tenants

Section 82 of the Corona Virus Act 2020 has placed restrictions on forfeiture for non-payment of rent in England and Wales of commercial premises from 26March to 30 June 2020.  The Government also has the ability to extend that period if they consider it appropriate to do so. This means that Landlords cannot take steps to forfeit a ‘relevant business tenancy’ on the grounds of non-payment of rent and other sums falling due under the Lease.  In...
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Corona Virus Act 2020 – Residential Landlords and Tenants

The Corona Virus Act 2020 came into effect from the 26 March 2020 and deals with new possession cases and existing ones. Firstly, notice periods have been increased to a minimum of three months for notices seeking possession or notices to quit in respect of certain residential tenancies in the private and social sector.  This applies to any notices served from the 26 March until the 30 September 2020. Where there is a prescribed form of notice,...
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Covid-19 and construction contracts

As the Covid-19 pandemic continues to spread around the globe many businesses are feeling the effects and consequences of the Government’s lockdown. Whilst many construction sites are still open there are various factors that will put increasing pressure on construction operations that need to be taken into account. Some of these factors include: – Management and labour self-isolating or quarantined and being unable to work; Minimising the risk to personnel continuing to work including PPE, social distancing...
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Covid 19 Coronavirus Job Retention Scheme

If you are an employer and need to furlough employees we can help. COVID 19 Coronavirus Job Retention Scheme (CJRS) – The Scheme   On Friday 20 March 2020 the Government announced it would provide assistance, subject to eligibility, to employers of UK businesses, charities, public authorities and agency workers (those paid through PAYE) or on zero hours contracts and some fixed term contracts, by giving access to a grant designed to cover most of the wage...
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Covid- 19 Business continues….

We are continuing to operate a full service to our clients however due to worldwide public health concerns about the Covid-19 virus and Government requirements, we have made a number of necessary changes to ensure the health and welfare of our staff and clients, and we have taken steps to ensure that any disruption is minimized. Changes to face to face contact You can contact us as usual via our main telephone number and by emailing us....
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First time buyers up

  According to the recent conveyancing news, figures from UK Finance, have indicated that in 2018 we saw the highest number of first-time buyers entering the mortgage market since 2006, which was during the busy period prior to the financial crash and in December the figures were 1.6% higher than the figures for 2017. If you are a first time buyer and want to know more about the process of buying a home, we have some information...
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Lawyer Monthly Women in Law Awards 2018 – Winner

We are delighted to announce that one of our partners, Samantha Dawkins, has received a Lawyer Monthly Women in Law Award for property litigation. The award “seeks to celebrate and highlight the achievements of women in the legal profession across the globe.  The award recognises the contribution made by female legal professionals working in the legal sector and those women who have influenced the legal industry and beyond.” Congratulations to Sam.

Supreme Court success for local firm Edward Harte: a legal precedent you need to know!

MWB Business Exchange Centres -v- Rock Advertising Limited [2018] UKSC 24. Samantha Dawkins from Brighton-based solicitors Edward Harte has successfully guided this case through to Appeal at the Supreme Court. The case which was unanimously allowed with Judgment being handed down on 16 May 2018. “Modern litigation rarely raises truly fundamental issues in the law of contract. This appeal is exceptional. It raises two of them,” said Justice of the Supreme Court Lord Sumption of the case....
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Supreme Court Success; MWB -v- Rock Advertising

MWB Business Exchange Centres -v- Rock Advertising Limited [2018] UKSC 24. Samantha Dawkins has successfully guided this case through to Appeal at the Supreme Court, which was unanimously allowed, with Judgment being handed down on 16 May 2018. It was an “exceptional” appeal that raised fundamental issues in contract law, which was ultimately decided on one issue: whether a contract can be varied orally despite a clause requiring any variations to be in writing. Our arguments focused...
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Grant of a lease – how far down does the flat owner own?

The High Court in a recent case, Gorst v Knight, decided that the demise of ground floor maisonette did not include the subsoil beneath it. A house had been converted into two maisonettes; one on the ground floor and one on the first and second floors. The ground floor maisonette included a small cellar beneath. The owners of the maisonette obtained planning permission to make the cellar into habitable space and this would involve digging into the subsoil beneath. The freeholder...
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Family Lawyer

Edward Harte are seeking a family lawyer to join their successful family team. The workload will cover all types of private law family work including finance and children and will involve advocacy. The ideal candidate will be a Solicitor or Legal Executive with at least years 3 PQE. Please apply with CV to Anna Glenton, aglenton@edward-harte.co.uk

Parental Responsibility and Medical Treatment for a child

In light of the recent events before the Supreme court regarding medical treatment for a child and last year, there was a report about a mother’s fury after finding out her 3 month old son had been circumcised without her consent when opening his nappy. It came to light that the child has been circumcised whilst in the care of his paternal grandparents. The grandparents had different religious beliefs to the mother of the child.  The police,...
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MWB Business Exchange Centres Limited –v- Rock Advertising Limited [2016] EWCA Civ 553 MWB operate serviced office spaces and, pursuant to a Licence Agreement, Rock Advertising utilised such accommodation in the form of managed office space. Rock Advertising fell into arrears with the Licence fee and proceedings were issued to recover the arrears.  In the Central London County Court, His Honour Judge Maloney found that the parties had entered into an oral agreement whereby there was a...
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Recruitment- talented people wanted.

Thinking of making a move? We are always looking to recruit talented people. The firm has a thriving and varied practice and a strong presence in the Brighton and the local area. While we may not have a specific vacancy advertised at the moment, please do feel free to forward your CV or get in touch if you are interested in becoming part of the team. About us We are friendly firm and we are situated in the heart of Brighton and are convenient to transport,...
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SDLT and the first time buyer

For first time buyers in England there is at last some good news, and as it has been all over the media, you would have heard the headline that SDLT has been abolished for first time buyers. This is not exactly the case but there are now different rules for first time buyers buying the first home. So if you are a first time buyer you will get a discount (relief) that means you pay less or no tax if: you complete your...
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Building Regulations – Are you confused?

Building regulations rules (and planning) can be very confusing, and it is often hard to know when building regulations consent is required. Also some of the commonly held views are sometimes wrong, and this can be further complicated if you live in a conservation area or your building is listed. An example of this is the humble conservatory. Many houses and flats have them and they can be an inexpensive way of adding more space to a...
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Secretarial Vacancy -Litigation

Highly reputable solicitors firm in central Brighton currently have a legal secretarial vacancy to support a Litigation Solicitor within the firm dealing with a wide range of civil claims, personal injury and medical negligence. The role requires legal experience, preferably within the area specificied. Possessing good IT, organisational skills, eye for detail. Minimum of 60 wpm. The ideal candidate will have a flexible working approach and the ability to work to tight deadlines together with a willingness...
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No recovery – No fee service for ground rent and service charge arrears.

RESIDENTIAL LEASES One of the issues frequently encountered by landlords is how to deal with unpaid service charges and ground rent. To tackle this we are now offering a no recovery no fee service to landlords to assist them in securing payment of ground rent and service charge arrears from lessees.  Our service is also provided at no cost to the landlord except for disbursements such as court fees and office copy entries.  Set out below is...
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Employment Law – Employment Tribunal fees update

On 26 July 2017 the Supreme Court delivered a landmark judgment in the case of R (on the application of UNISON) (Appellant) v Lord Chancellor (Respondent) [2017] UKSC 51 which overturned the requirement for claimants to pay (if ineligible for remission) up to £1200 to have their claim heard at an Employment Tribunal. The introduction of the fees in 2013 was argued successfully as preventing claimants having access to justice and in particular discriminated against low paid...
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Anti-Oral Variation Clauses and Practical Consideration – Supreme Court

MWB Business Exchange Centres Limited –v- Rock Advertising Limited [2016] EWCA Civ 553 MWB operate serviced office spaces and, pursuant to a Licence Agreement, Rock Advertising utilised such accommodation in the form of managed office space. Rock Advertising fell into arrears with the Licence fee and proceedings were issued to recover the arrears.  In the Central London County Court, His Honour Judge Maloney found that the parties had entered into an oral agreement whereby there was a...
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Congratulations to our new solicitors!

Our congratulations to Karen Heal and Jack Taylor on their admission as fully qualified solicitors. Karen specialises in Employment and also excels in Business Development and Dispute Resolution. Jack specialises in Family Law including matrimonial finance and Children Act proceedings. Jack also has a talent for Wills and Probate. We are delighted that they joins our ranks on a full-time permanent basis following their successful training.

Brighton and Hove Property Market 2016 -2017 update

Late last year I wrote about the Brighton and Hove Property market in 2016 and said that I may update the article early in the New Year. Since then, I had a call from a journalist wanting a quotation for an article he was writing on the effect on the Southern Rail strikes on the local property market, and at the time I didn’t have any firm information to give beyond the general view that the strikes obviously wouldn’t be helping. However, the Business...
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Brighton and Hove property market in 2016

The Land Registry index is an interesting source of information on the residential property market in the UK, and this is a very short summary of 2016 based on the index to date. “As of September 2016 the average house price in the UK is £217,888, and the index stands at 114.28. Property prices have risen by 0.2% compared to the previous month, and risen by 7.7% compared to the previous year.” – Land Registry. But how...
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Legal News from Edward Harte LLP – 14th March 2016

Now recruiting in the Family Department Our busy family team is recognised for the quality of its work, its expertise and client care.  We are seeking to recruit a solicitor with minimum 2+ years PQE on competitive terms with a proposed start date of November/December 2016. Applications by CV to Anna Glenton, Partner. No agencies please.

Legal News from Edward Harte LLP – 30th October 2015

Offers in Civil Proceedings The use of Part 36 Offers in Civil Proceedings either during pre-action correspondence or after the claim has been issued is common practice.  If the successful party beats their Part 36 Offer; i.e. the Claimant makes an offer for £10,000.00 and at trial is awarded £15,000.00 the Defendant will be liable to pay the Claimant’s costs from 21 days after the offer was made up to and including trial on an indemnity basis.  If the Defendant...
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Legal News from Edward Harte LLP – 4th September 2015

5 Reasons Why Terms and Conditions Are Important Provide a framework for transactions and help to create certainty as to what is agreed. In the event a customer has breached the contract having robust Terms and Conditions to rely on may provide a solid base on which to defend a claim. Provide consistency between all business transactions, minimising any ambiguity as to the terms on which you and your client(s) contract on. Save valuable management time and...
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Legal News from Edward Harte LLP – 28th August 2015

5 Top Tips for serving Section 21 Notices Serve each Tenant with their own Notice Check the terms of the Tenancy for how the Notice should be served Personally serve the Notice Check the Deposit has been protected Check the Prescribed Information was served in time If the Deposit hasn’t been protected or the prescribed information not served in time or for further advice and assistance with preparing and serving Notices contact Samantha Dawkins by email.  

Legal News from Edward Harte LLP – 14th August 2015

Landlord & Property Law Update There have been major changes in the law relating to Section 21 Notices and deposits within the last 12 months with further changes due to take affect in October of this year.  Here is a round up of the key points for Landlords, Property Owners and Agents to look out for: As a result of the Court of Appeal ruling in Spencer -v- Taylor once the fixed term of an Assured Shorthold...
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Legal News from Edward Harte LLP – 8th June 2015

Exciting News! New Additions and New Promotions We are very pleased to announce the promotion of Samantha Dawkins and Anna Glenton to partners at Edward Harte LLP alongside Tom Callaghan.  We also welcome our new Head of Conveyancing Department Robert McDonald who brings with him a wealth of experience from his previous longstanding position at Ormerods Solicitors in Wimbledon.

Legal News from Edward Harte LLP – 18th September 2015

Tips, Service Charges and Gratuities Ever wondered what happens to your tips?  Often when we feel we have received a good service in a bar, hotel, restaurant or taxi etc. we want to leave a tip……. but who receives the money in addition to their salary? Previously any tips paid by the employer to the employee formed part of the employee’s salary.  However, since the introduction of the National Minimum Wage regulations 2015 (as amended) this is...
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Legal News from Edward Harte LLP – 19th August 2014

New Partner Edward Harte LLP are very pleased to announce that Tom Callaghan, our Head of Private Client Section, became a Salaried Partner as from 1st August 2014.  Tom has been with us now for 4 years and is a very valued member of the firm.  His appointment as a Partner is well deserved and a reflection of his value to the firm.

Legal News from Edward Harte LLP – 27th May 2014

BBC Sussex “Sound Advice Head of Wills, Trusts and Probate, Tom Callaghan, appeared as a legal expert on the Allison Ferns radio show on BBC Sussex on 22nd May, answering listeners’ calls on Wills and Inheritance, talking about the importance of Wills and the recent changes to the intestacy laws (ie where a person dies without a Will) in the new Inheritance and Trustees’ Powers Act 2014. The Act goes some way to simplifying who will inherit...
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Legal News from Edward Harte LLP – 29th April 2014

Solicitors for the Elderly Tom Callaghan, head of Edward Harte LLP’s Wills, Trusts and Probate department, is now a member of Solicitors for the Elderly (SFE). SFE is an independent, national organisation of lawyers who provide specialist legal advice for older and vulnerable people, their families and carers.

Legal News from Edward Harte LLP – 29th May 2013

Tailored Cost Solutions Following significant changes to the Legal Aid Scheme, many clients will be unable to access legal aid. Our Tailored Cost Solutions mean the lawyers here at Edward Harte can give you advice and support to suit your budget and needs if you only require legal services now and then. It may be that you are taking someone to the Small Claims Court and need us to look through your case; or you have some...
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Legal News from Edward Harte LLP – 26th March 2013

Section 20 Consultation and Major Works Changes to Section 20 Consultation for Private Landlords, Resident Management Companies and their Agents A High Court decision in the case Phillips & Goddard v Francis earlier this year overturned previous views on how consultations on major works to residential buildings were applied. It has brought about considerable uncertainty for freeholders, managing agents and residents alike as the judge’s ruling is, at best, unclear about how it is to be managed...
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