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With people seeking greater flexibility and a better work-life balance, small and medium-sized businesses (SMEs) now account for 99 per cent of all private businesses in the UK. ‘Launching and building your new startup is an exciting time and...
Many people mistakenly believe that a divorce severs your financial ties, but that is not the case. It is necessary to either agree your financial arrangements via a separate negotiation and have the settlement formalised by the court, or have the...
Many businesses are now at the stage where they have planned their longer-term working arrangements for staff who may be office-based, remote working, or a hybrid arrangement. Some of the changes to working practices which were introduced ‘on the...
If you are planning to appoint a new director to work in your business who will also acquire shares in your company then, as well as drawing up a service level agreement to govern their employment, you will also need to consider whether you need to make any...
Babies born by surrogacy have nearly quadrupled in the last 10 years, with 413 parental orders (used to transfer legal parental responsibility from the surrogate to the intended parents) reported in 2020. This is a rise from 117 reported in 2011. Two-thirds...
The High Court has decided that the “dignity and standing” of the Queen will be protected by not disclosing Prince Philip’s Will following his death in April 2021. This sort of protection is not new and has been used repeatedly by the...
Growing evidence of climate change has put sustainability firmly on the commercial property agenda. Owners, occupiers, and lenders are increasingly focused on ‘ESG’ which refers to environmental, social and governance issues. Lenders...
Making a will is an important part of lifetime legal planning, but do you need to put all your wishes in your will? Where should you set out your wishes for gifts or your funeral arrangements? Is it appropriate to explain your decisions about your legacy?...
If you have decided that the time has come to admit a new member to your partnership, then there are a number of important steps that you will need to take in preparation. To help you plan, partnership law expert Selwan Yousif who is a...
A new divorce law which will make it easier and less stressful for many couples to get a divorce has been delayed to 6 April 2022. No-Fault divorce was originally supposed to start in Autumn 2021, so this is a delay of around 8-10 months. The government...
While many adults drink alcohol responsibly, unfortunately there is a significant percentage of the adult population in England that misuse alcohol. Government statistics for 2020 show that over half a million adults in England were admitted to...
The ban on commercial evictions introduced to prevent mass repossessions and insolvencies due to Covid-19 has been extended by nine months to March 2022. Under the ban, commercial landlords face restrictions in relation to a wide range of enforcement...
There have been a number of changes in regard to marriage law since 2004, with the most recent being the introduction of opposite-sex civil partnerships in 2019. These changes have been important in providing clarity over legal rights and financial...
Preparation is the key to success with most things in life and is particularly important when you are trying to attract a buyer for your business. This is because any potential acquirer will almost certainly want to carry out pre-purchase checks to...
The risk of flooding in England and Wales is increasing year on year and exposing millions of homeowners to the possibility of property damage and the consequent misery that this causes. In some cases, there is nothing you can do but try to claim on...
Since the arrival of Covid-19 so many businesses have been forced to temporarily close their offices and relocate their workers to their homes. At first, many suffered teething problems, but it has since become clear that productivity can be just as high...
After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of the change is to increase compliance with tax rules known as IR35. This change has...
If the pandemic has left you with empty commercial property , now could be a good time to look for alternative uses. To help businesses make the best use of commercial real estate, the Government has made the planning rules more flexible so that it is...
‘An Englishman’s home is his castle’ is a familiar phrase with its origins in the 16 th century, where it was widely accepted that no one should have the right to interfere with the use and enjoyment of a person’s property except in...
As the economic impact of the pandemic grows, many commercial landlords are struggling to collect rent and enforce their business tenants’ other lease obligations. While the Government has acted to protect business occupiers by restricting...
As many of the government measures to support businesses through Covid-19 come to an end, businesses which have limped along may need to take more drastic action and consider renegotiation with creditors, restructuring, disposal, or even winding up or...
If you are contemplating divorce, then you may need to consider whether it would be beneficial to commence proceedings prior to Brexit. This is particularly important if either you or your spouse are nationals of another EU country, if you last resided...
If you have occupied land for your business for 10 years, you may be able to apply to be registered as the new legal owner.
The shareholder agreement is often one of those documents that startups sometimes forgo or even ‘bootstrap’ by cutting and pasting from other documents without taking independent legal advice. Even if you put one in place when setting up your...
What might have started out looking like a small and innocuous plant to your neighbour can soon grow into a substantial hedge that extends well beyond their boundary, albeit innocently, reducing the amount of land which you can enjoy. On the other...
A commercial property portfolio is just like any other investment - to get the best out of it, you need to manage it well, and sometimes it will benefit from being restructured. The unforeseen impact of Covid-19 on the whole of the UK economy has underlined...
The Government’s coronavirus job retention scheme (CJRS) has helped many employers keep their staff. But, the winding down of the CJRS and the grim economic forecast mean that employers may need a more flexible workforce and for many sectors,...
COVID-19 has had a massive and immediate impact on our working lives. The risks to those working in the healthcare sector are well documented in the media, but workers in other areas such as construction, retail and goods distribution are also at risk....
With more cases of coronavirus (COVID-19), being reported in the UK each day, employers will be wondering how to handle the issue especially as they may need to react fast if a situation develops in the workplace or if there are concerns about the health of...
For clients in the midst of trying to buy, sell or rent a property, the coronavirus outbreak is causing particular uncertainty at all stages in the process. We want to reassure you that our property law team will continue to operate as normally as possible...
IMPORTANT NOTICE TO ALL CLIENTS It is no secret that the Coronavirus is affecting, and will continue to affect, the ability of the UK to continue with daily life, as normal, for some time to come. We are striving towards limiting disruption to our service...
Did you know that you can be sued for posting something online that is not true or for sharing or endorsing a false post made by someone else? Did you also know that if you are sued, you could be ordered to pay compensation and legal costs and forced...
It is not uncommon for a divorcing couple to have some property in another country, whether this is a holiday home in the sun or the alps, a property in your country of birth, or an investment in commercial property or assets abroad. ‘The term...
Changing an individual’s working arrangements from employee to consultant may seem attractive; no employer National Insurance contributions to pay and greater flexibility for the individual. A win-win situation surely? Jasvinder Gill , employment...
When recruiting and managing employees, employers want to know that their employees are up to the job. While asking questions about an individual’s health at the wrong time may result in a disability discrimination claim, ignoring the signs of a...
If a loved one, or someone you were financially dependent on, has died and either left you out of their will entirely or failed to make adequate financial provision for you, then it may be possible for you to get the terms of the will varied so that...
Appointing a commercial agent is one way of entering a market for your business, and it can be a good way to test the water in a foreign country without the commitment of employing somebody. In broad terms, an agency relationship is one which...
The steady rise in life expectancy means it is more important than ever that people appoint someone to take control of their financial and healthcare decisions if they are no longer able to do so themselves through ill health. This is done by appointing...
Congratulations to Silviya Maclean, in our Private Client department, who became a Partner on 1 st September 2019. Here’s a little more about Silviya and her background! Silviya studied Law and qualified with a LLB (Hons) and...
Are you considering a career as a solicitor and would like to know more about what your day to day dealings would entail? We asked one of our Trainee Solicitors here at Morlings in Maidstone, Rezwana Dithy, what her experience has been like so far! ...
Hot on the heels of changes in relation to stamp duty land tax, from 1 June landlords face another set of new rules under the Tenant Fees Act 2019. This includes obligations relating to deposits, charges and membership of client money protection...
The default response of most businesses owed money by a company is to follow their standard debt recovery procedure, which typically involves chasing payment by letter and then issuing court proceedings to obtain an enforceable judgment. Few will consider...
Our Criminal Defence Partner, Keith Middleton, is seen presenting the Morling’s Cup to the Captain of St Augustine Academy, whom won the Morling’s Cup for the winner of the Mock Trial Competition held at Maidstone Magistrates’ Court on 23...
Many people are aware that there were major changes to the Legal Aid Scheme in 2013 but there is a great deal of confusion as to when and how Legal Aid is available in family matters. If you are a parent (and in some limited circumstances another relative)...
Engaging solicitors to both draft your will and store it safely until it is needed really is the only sensible course to take. In a case where such wisdom did not prevail, the High Court had to decide whether a missing will had been deliberately destroyed,...
If you are arrested at the road side following police stopping you, or following an accident, you ought to provide a road side specimen. Failing to do so will result in your likely arrest. Even if you turn out to be under the legal limit when you...
Appointing loved ones as executors of your will may seem the natural thing to do, but there are very good reasons why it is often wiser to employ professionals. A case on point concerned two sisters who fell out bitterly after one of them arranged their...
Giving away assets to your loved ones with warm hands, when you are still fit and healthy, is a readily available means of reducing Inheritance Tax (IHT) liabilities. However, as a guideline Court of Appeal decision illustrated, such gifts must be made...
I often hear “I haven’t got any money to leave my kids so why should I bother?”. My response is “You have kids? If they are under 18, you definitely should have a Will to leave your kids to someone”. As loving...
