Clarke and Son News

Clarke & Son LLP recently held a networking event for like-minded professionals at their offices in Winchester Road. Partners Bhupendra Sankhla and Nia Wharry gave short presentations on Collaborative Law and Lasting Powers of Attorney respectively and the small but lively group of IFAs, bankers and accountants all felt the event was a great success.

Nia Wharry said of the event,

“We thought it a good idea to get to know other local professionals and give them some idea of what we could offer their clients. I think the event proved worthwhile in that it helped to build relationships to the benefit of all our businesses.  We thought the event such a success that we hope to host another in the near future.”

For information on Collaborative Law, please email Bhupendra Sankhla. For information on Lasting Powers of Attorney, please email Nia Wharry. You can contact Bhupendra or Nia on Tel: 01256 320 555.

Nia Wharry of Clarke & Son LLP with Champagne Winner Mike Wroe of St James’s Place Wealth Management at the networking event on 2nd June 2010.

In a recent case from Croatia, the European Court of Human Rights (ECtHR) ruled that the applicant’s Article 8 rights under the European Convention on Human Rights had been breached by the failure of administrative authorities to prevent excessive noise from a bar located in the same house.

The applicant lived in a house where several of the other floors were used by a bar open from 7am to midnight every day. She had repeatedly complained to the Sanitary Inspectorate about the excessive noise and several independent measurements had confirmed that the noise experienced by the applicant was excessive.

The applicant alleged that her Article 8 rights had been violated and that the authorities had breached her right to respect for her home. The ECtHR held that, although there was not an explicit right under the Convention to a quiet environment, authorities may still be required to adopt measures to protect a person’s private life even where the issue in question is between individuals.

The ECtHR likened the case to a Spanish case which concerned excessive noise from a nightcub. As in that case, here, the applicant had been subjected to excessive noise fro a prolonged period of time and the Croatian administrative authorities should have taken measures to protect her. Therefore, the applicant’s Article 8 rights had been breached and Croatia had failed to discharge its obligation to protect them.

Comment: this case confirms that local authorities do have a positive obligation to protect an individual’s Article 8 rights, especially in cases of prolonged noise nuisance. The ECtHR was also critical of the time it had taken for the applicant’s claim to be resolved as this had meant that she had been denied and effective remedy and been subjected to the excessive noise from the bar for nearly eight years.

For more information on Residential Landlord & Tennant issues, please contact Paul Cowdery on Tel: 01256 320 555.

ACAS (Advisory, Conciliation and Arbitration Service) has issued guidance to help employers get the best from their employees and avoid absence during the World Cup this Summer. (www.acas.org.uk/worldcup)

In anticipation of the World Cup, ACAS urges employers to start talking to employees early to manage their expectations and minimise the impact on workplace productivity.  ACAS enourages employers to be:

• Flexible, where possible, for example, by altering start and finish times and allowing longer lunch breaks so that staff can watch games during the working day;
• Clear about what you expect from your employees in relation to attendance and performance;
• Communicative - start talking early on about managing leave and working hours;
• Honest about how you will manage changes to working practices and where this isn’t possible explain the reasons for this;
• Fair about the way you respond to requests for time off.

Thomas Hunt, Employment Law Specialist adds:

“This does not mean that Employers simply need to bend over backwards to accommodate football fans. It is important to note that not everyone is  interested in football and when contemplating changing working practices in favour of those wishing to take leave during the tournament the impact on other employees must always be considered to avoid any issues of unfair treatment.”

“In addition,  Employers should also be wary of sickness absence and the possibility of false applications for sick leave during the course of the World Cup.”

Should any of the above issues affect your business, please do not hesitate to phone Thomas Hunt on Tel: 01256 320 555 to arrange an appointment.

The EU has introduced a new Regulation - the ‘Brussels IV Regulation’ to help deal with cross-border issues relating to applicable laws in transnational inheritance cases.

The EU claims that the Regulation will create a ‘European Certificate of Inheritance’. The certificate aims to simplify succession procedures throughout EU Member Countries and will look to the person’s last habitual residency to determine which succession laws are to be applied. The new Regulation will also bring about a degree of freeom, allowing testators to choose the law which should be applied to dispose of their assets.

The Regulation is expected to be approved in 2011/2012 and is likely to affect those individuals who have property abroad, or have a contract of employment which involved working abroad on short term secondments. However, at present the UK has opted out of the Regulation and its application.

If you would like further information about cross-border estates or have assets overseas and require advice, please contact Nia Wharry on Tel: 01256 320 555.

The Government will deliver the Emergency Budget on 22 June 2010 within which they are expected to increase the rate of Capital Gains Tax from 18% to 40% in relation to the disposal of ‘non-business’ assets, keeping it in line with income tax rates.

If you are an owner of a second home, buy to let property or share portfolio, to name but a few, then you may be hit the hardest by these changes.

Therefore, if you are considering selling or disposing of any property you may well wish to proceed imminently to take advantage of the current Capital Gains Tax rate.

For advice on Capital Gains Tax, please contact Nia Wharry on Tel: 01256 320 555.

Homeowners selling their properties will no longer be required to produce a Home Information Pack (HIP), after the government announced they will be scrapped.

HIPs, which were launched in 2007 and have since become mandatory for anyone selling a home, have been dogged by criticism. Estate agents have long complained they add red tape to the selling process, while sellers have grumbled about the £200 - £400 price tag attached to the packs.

Communities secretary, Eric Pickles, laid an order before parliament suspending HIPs, pending primary legislation for a permanent abolition. He said:

“The expensive and unnecessary Home Information Pack has increased the cost and hassle of selling homes and is stifling a fragile housing market. That is why I am taking emrgency action to suspend the HIP, bringing down the cost of selling a home and removing unnecessary regulation from the home buying process.”

“This action will encourage sellers back into the market, and help the market as a whole and the economy recover.”

Sellers will still be required to get an energy performance certificate (EPC), showing how energy efficient a property is, within 28 days of putting their home on the market, as this is a requirement under EU law. The cost of these is typically around £60.

For further information on buying or selling your home or on EPCs, please contact Jenny Axe on Tel: 01256 320 555.

Land Registry, the government agency responsible for registering land in England and Wales, is actively encouraging the voluntary registration of unregistered land, as the proportion of he national land area remaining unregistered rapidly diminishes (currently down to just over 25 per cent).

Andy Woodgate, Register Development Manager based at Land Registry’s Weymouth Office explains:

“Land Registry is keen to extol the benefits of a registered title, and is working with landowners and professionals to asist them through the registration process, be that with one-off applications or a programme of voluntary registration for multiple landholdings.  In the majority of cases, the registration process is very straightforward.”

More and more property owners are choosing to register their land on a voluntary basis becuase of he benefits it brings. They know how important it is to protect their most valuable asset.

Registration of land provides:

• Greater security and peace of mind, helping to keep property affairs in order
• Straightfoward proof of ownership, provided in an easy-to-read document with an illustrative plan
• Better protection against claims of adverse possession

Registration fees are based on the current market value of the lan and the fee is reduced by up to 25% if you choose to register your land voluntarily.

Charles Marchant White, Partner, Clarke & Son LLP says:

“The Land Registry is seeking to pursue its objective to secure the registration of all property in the UK.

Many titles are still unregistered. This is a perfectly good title and there is no need to apply for registration. However from the point of view of security and for ease and convenience when selling or re-mortgaging, there are advantages to registration.

Once registration has taken place then a record of the title is maintained by the Land Registry. The bundle of title deeds currently representing your title will be replaced by a simple register. Any documents affecting the title would be referred to in the title and copies would also be held by the Land Registry.”

For further information on Land Registry issues, please contact Charles Marchant-White on Tel: 01256 320 555.

Following a general election on 6th May 2010, which resulted in a ‘hung parliament’, the Conservatives and the Liberal Democrats published the initial text of a coalition agreement on 11th May, setting out the policies that will enable the two parties to work together.  It includes what is described as “a full programme of measures to fulfil [their] joint ambitions for  a low carbon and eco-friendly economy”. It will be followed later on by a final coalition agreement, which will cover the full range of government policies.

An emergency budget is planned for 22nd June 2010 and their will be a full spending review, reporting in Autumn 2010. It is not yet clear what the government will put into the Queen’s Speech on 25th May 2010 and certainly more detail on the policies will emerge over the coming days.

Chris Huhne, previously Home Affairs spokesman for the Liberal Democrats, has been appointed as Secretary of State for energy and climate change.  Caroline Spelman, Conservative MP for Meriden, has been appointed as Secretary of State for the environment.

In relation to Home Information Packs (HIP) and Energy Performance Certificates (EPC), Charles Marchant-White, Property Partner comments:

“The Days of the HIP are thought to be numbered as it was common ground in the Conservative and Liberal Deomocrat manifestos for the compulsory HIP to be abandoned. However the EPC will remain a pre-contract requirement. There have been some benefits with the HIP but these would be more noteworthy if the market was stronger and faster moving. The EPC will remain in place as it was introduced in any event to comply with EU regulations. Whatever the requirements, Clarke & Son can arrange and prepare a fully compliant HIP (or simply and EPC if the rules change!) on your behalf.”

 Please contact Charles Marchant-White on Tel: 01256 320 555 for further advice or assistance.

Staff at Clarke & Son LLP recently raised £42.00 with a special St George’s Day Cake Sale in aid of their 2010 charity - Help for Heroes.  Contributions included fairy cakes with red middles as homage to St George but the winners were a delicious lemon cake and a yummy banana loaf. The two winners received a cookbook on how to bake even more scrummy cakes.  The Firm is also planning to hold a special Eurovision lunch in aid of Help for Heroes.

HM Treasury announced on 17th May 2010 that the Chancellor will deliver his emergency Budget on 22nd June 2010.

Also on 17th May 2010, HM Treasury announced the creation of an independent body, the Office for Buget Responsibility (OBR), to assess the state of public finances. HM Treasury confirmed that the OBR’s forecast for the economy and public finances will be published as part of the Emergency Budget.