At rhw solicitors, we want to make the law as understandable and straightforward as possible. Our legal guides should do this by touching upon general aspects of the law that concern us in day to day life.
Latest articles & guides
Can your Landlord Waive a Lease Covenant Which it was Obliged to Enforce?
This is an interesting question and one which I know many leaseholders wrestle with when dealing with their landlords. While I’m sure that there may well be leases out there allowing direct enforcement of covenants by leaseholders against other leaseholders I have yet to see one. This leaves leaseholders in a difficult position having to […]
Review of recent Employment Law Cases
Royal Surrey County NHS Trust v Drzymala 2018 UKEAT_0063_1101 11 January 2018 Unfair Dismissal Following Non- Renewal of a Fixed Term contract. A Locum Consultant specialising in Cancer was employed on a fixed term contract that had already been renewed 4 or 5 times. She applied for a position as a permanent consultant […]
Lawful Monitoring of Employees’ Emails
Employers frequently include a policy expressly entitling them to monitor employee emails and work related messaging accounts. The monitoring of employee emails and messaging enables employers to obtain crucial information about unlawful employee activity. Preventing misuse of computer equipment Primarily monitoring is intended to ensure employees are not misusing the company’s computer equipment and messaging […]
Asleep on the Job – Issues of Overnight Stays in the Care Sector
Asleep on the Job? Should those within the care sector who are expected to ‘be present’ overnight at their place of work, be paid the National Minimum Wage (NMW)? rhw Solicitors look at two key cases on this specific area which is causing concern amongst care providers. There have been various key legal cases focusing […]
Settlement Agreements – A quick guide
Whether you are an employee or an employer, the termination of employment can often be a time consuming and stressful process. However, with the assistance of rhw’s Employment Team, you can be guided through the process with efficiency and expertise. What is a settlement agreement for? The aim of a settlement agreement is to enable […]
Monitoring the Workforce – what you can and can’t do.
Will De Fazio-Saunders looks at privacy in the workplace – the fine line between legitimate monitoring and breaching employees’ human rights. The rise in the use of email and internet at work Apologies for stating the obvious (!) but over the past couple of decades there has been a dramatic increase in the use of […]
Corporate Snapshot – Shareholders’ Agreements (Why have one?)
Shareholders’ Agreements Why have a Shareholders’ Agreement? The Articles of Association of a company will bind all shareholders automatically and as soon as they become a shareholder in a company. A shareholders’ agreement is a contract between specific named individuals and so is incapable of binding anyone else unless they also become a party to […]
Corporate Snapshot – Shareholders Agreements Checklist
Shareholders’ Agreements Checklist Nature of Company and Finance What will be the nature of the activities carried on by the company? Where will the business be based? Will there be geographical limitations placed on the business’ operations? Are there any circumstances in which further capital may be required? If the company requires further finance, will the […]
Corporate Snapshot – Gentlemen’s Agreements
Gentlemen’s Agreements So what is the so-called ‘Gentlemen’s Agreement’? More often than not a Gentlemen’s Agreement will be a verbal agreement, i.e. the terms of the contract agreed orally. Although verbal agreements are enforceable and valid (contracts do not need to be in writing), where a dispute arises between parties to an agreement, the absence […]
Corporate Snapshot – Disclosure Letters
Disclosure Letters These exist in deals for the sale and purchase of assets or shares in a company, although they are normally more relevant in a share sale. The idea is for the seller giving warranties within the Sale and Purchase Agreement to ‘flag up’ in a Disclosure Letter any areas where ‘disclosures’ need to […]
Corporate Snapshot – Warranties & Indemnities
The Due Diligence Procedure Warranties & Indemnities In a business acquisition, (whether an asset or a share acquisition), there will almost always be an element of risk for the buyer. To try to understand the extent of any risk(s), the buyer may raise a number of enquiries (‘due diligence enquiries’) in respect of the affairs […]
Corporate Snapshot – Heads of Terms
Do I need Heads of Terms? Both parties in any commercial transaction should consider the need for Heads of Terms. The Heads of Terms document will summarise the basic points of principle that have been agreed between the parties. They should not go into detail – this will be contained in the full Sale and […]
Corporate Snapshot – Confidentiality Agreements
Do I need a Confidentiality Agreement? If you are looking to be involved in a sale or purchase of a business then the answer, almost certainly, is “yes”. But why..? Whether an asset or share acquisition, parties will need to get together to start negotiations. It is recommended that a full Confidentiality Agreement is signed […]
Employment Law – A to Z
Employment Law A-Z ACAS (Advisory, council and Arbitration Service) A non-departmental public body of the government of the United Kingdom, the purpose of which is to improve businesses and other organisations and working life through the promotion and facilitation of strong industrial relations practice (i.e. the relationship between employers and workers). ACAS codes of practice […]
Confidentiality Agreements
“Loose lips sink ships…” In business as in life – knowledge is power. The terms of most business deals are as individual as the companies involved with them, whether you are buying or selling a product, service or even an entire company. The last thing you want is to see a deal that’s taken months […]
Liability and the Company Director
How many times do you worry about liability as a director and whether this can attack you personally? How many different situations might arise legally which might involve personal liability as a director? The answer may disturb or worry but the important thing is to be aware of the risks and to offset those risks […]
Directors Personal Liability
How many times do you worry about liability as a director and whether this can attack you personally? How many different situations might arise legally which might involve personal liability as a director? The answer may disturb or worry but the important thing is to be aware of the risks and to offset those risks […]
Corporate Insolvency Explained
Given the current economic climate, the threat of business insolvency is, unfortunately, a subject that is becoming all too familiar to many businesses, both small and large. With luck your business will never be affected, however, it is as well to have some grasp of the basics. Not only will this give you some awareness […]
Death Need Not Be Fatal
Nobody will be in business forever and it is a sensible person who plans their exit strategy advises Nick Richardson, Partner at rhw solicitors LLP in Guildford, Surrey. “Your exit may come about in one of the following ways”: You decide to sell your business You sell your share in the business You become critically […]
TUPE – Proposed Changes
The Government has published draft legislation amending TUPE and the law relating to collective redundancies. This is expected to become law in January 2014. The government has been working at reforming TUPE over the last few years with the aim of establishing fairness for both employers and employees. The government is also seeking to increase […]
Stress In The Workplace
Jonathan Trott, who today returned home from the Ashes series in Australia, is the latest high profile casualty of stress related illness. Trott is different to many others in their own place of work due to the focus of the media and pressure of fans expectations. However, the fundamentals of the problem and the end […]
Company Wills & Cross-Option Agreements
The majority of people will ensure that they have a Will to look after their personal finance but what about their business? The death of a shareholder and director, especially in a small/medium company can have a major impact on the business if they have not planned for such an event. It is also not […]
Gentlemen’s Agreements
If you want to do business with a gentleman (or lady), why on earth would you rely on their word? The question must be “why take a chance?” At its best, a gentlemen’s agreement (realistically this is a verbal agreement) is as enforceable (or unenforceable) as any other verbal contract. Much will depend on trying […]
Appointing A Solicitor As Executor
Obviously, no one likes spending money on unnecessary legal fees and it is tempting to leave the administration of a deceased individual’s estate in the hands of friends or family. As with many choices which look like a good way to save money initially, the risks of letting non-solicitors handle the administration of an estate […]
A Guide To CQC Registration For Dentists
Buyers of an NHS Dental Practice need to be aware that they will have to go through the Care Quality Commission (CQC) registration process twice. The first application will be to register the partnership to be set up between the Seller and the Buyer in respect of the General Dental Services (GDS) Contract. The minimum […]
Dental Practice – Purchasing Problems
You’re bound to encounter problems when buying a dental practice, but there are ways of dealing with them. The urge to buy a dental practice, particularly a good one, continues unabated, and if you have been looking around for some time, you will know that you are competing against a large number of other like-minded […]
Selling Your Practice – Be Prepared
As a young lad in the boy scouts, we were taught to “be prepared” – something which is very relevant to life generally. It is no less important when selling your dental practice. So often, no thought is given to the actual sale of the practice, such is the desire to put the practice on the market and […]
My spousal maintenance/costs order has not been paid – what can I do?
You’ve achieved your aim and secured a spousal maintenance or costs order from the court – end of story, happy ever after – right? But what if the debtor then doesn’t pay? What are your options? Set out below is a brief guide to the next steps and methods of enforcement available to you as […]
Appointing Guardians
If you have young children you will, from time to time, have thought about what would happen to them in the event of your death. Most people assume that family members would step in to help out, but it can be unwise to assume that families will behave rationally in the aftermath of a sudden […]
Gifts & Loans To Children
Parents are often conscious of the difficulties their children face in getting onto the property ladder. As a result many parents give their children a helping hand by loaning or giving them money towards the purchase of a property. Anyone wishing to assist their child in purchasing a property should give consideration to the following: […]
The Hidden Pitfalls of DIY Divorce
Some people might think it self-serving for a lawyer to say that a DIY divorce can be dangerous. However, having helped many clients who have encountered difficulties when representing themselves, this has led me to conclude that legal assistance in divorce proceedings is often a necessity. Whilst actually getting divorced can be relatively simple, there […]
Separation Agreements
What is a Separation Agreement and when would you use it? A Separation Agreement allows a couple to document and sort out their financial situation at the time that they agree to go their separate ways. The Agreement allows them to record who is to have what and hopefully avoid the necessity of expensive and […]
Getting Support During A Divorce
Going through a divorce is extremely stressful and it is important to ensure that you are supported throughout the process. Everyone has their own ways of dealing with stress but the following are options should be considered to help with emotional needs: 1. Family It will be very important to talk to your family during […]
Parental Responsibility Overview
The concept of Parental Responsibility [PR] is defined as ‘the rights, duties, powers, responsibilities and authority of a parent’ (Children Act 1989). In other words, having PR for a child grants you the authority to act as a parent. PR allows you to make the following decisions (amongst others) in relation to your children: 1. […]
Routes To A Divorce Settlement
When you have taken the difficult step of deciding to divorce, working out your future arrangements for children, property, maintenance payments and shared business interests can lead to a great deal of anguish. If you have not come to an agreement by yourselves, it may well be in your interests to consider the alternate avenues […]
How To Change Your Name On A Birth Certificate
You may need to change the name on your birth certificate if you realise that a mistake has been made at the time your birth was registered. There are a number of ways to do this: If the person recorded as your father on your birth certificate is not actually your biological father and you […]
Nuptial Agreements – A Guide
Pre and post nuptial agreements (together called ‘nuptial agreements’) are agreements made either before or after marriage, setting out how the parties to a marriage will deal with some or all of their matrimonial assets. They are particularly useful for preserving assets that were acquired before marriage (for example, shareholdings in family companies, or particular […]
Postnuptial Agreements
As a parent, after your child is married it may seem like a good time to give them a financial contribution to help them onto the housing ladder or start a business. However, if their relationship later ends in divorce all their assets, including your generous gift, could be subject to division by the court […]
Parental Responsibility – Focus On Step Parents
Parental responsibility is a legal right held by the parents of a child. It includes the responsibility of providing a home for that child and the duty to protect and maintain the child. Parents with parental responsibility must decide on where the child is to be educated and are entitled to make decisions about any […]
Asleep on the Job – Issues of Overnight Stays in the Care Sector
Asleep on the Job? Should those within the care sector who are expected to ‘be present’ overnight at their place of work, be paid the National Minimum Wage (NMW)? rhw Solicitors look at two key cases on this specific area which is causing concern amongst care providers. There have been various key legal cases focusing […]
The Duty of Candour – CQC ‘notification’ updates you need to know.
Whilst social care providers have been more than used to issuing notifications of serious incidents that occur to service users to CQC under regulation 18 of The Care Quality Commission (Registration) Regulations 2009 (‘the 2009 Regulations’) there is a danger that the more recent Duty of candour notification requirements can be overlooked. If you, as […]
Onerous Pre-Placement Contracts – Fight Or Flight?
Whether you are a care home operator or run a home care (or similar) business, if you are caring for service users funded by social services your Contract (pre-placement agreement setting out the overarching terms on which care services are to be provided) with commissioners of Social Care is a vital document. Such Contracts have […]
Buying A Care Home – What You Need To Know
Part One: The Purchase There is a lot more to owning a care home than simply being a good Nurse or Doctor or having successfully run another type of business. The skills you will be required to acquire overnight will include selling, management, and staff selection skills, not forgetting business planning, cash flow forecasting and […]
More Powers For Care Quality Commission
The Government has announced that it plans to give The Care Quality Commission (CQC) powers to inspect the finances of large care providers in a bid to avoid a repeat of the sort of collapse witnessed with Southern Cross. CQC will be given power to require large providers to provide regular financial and relevant performance […]
I Don’t Need A Lasting Power of Attorney Do I?
It is not at all uncommon for clients to tell us that they have never heard of Lasting Powers of Attorney (‘LPAs’) or, if they have, that they don’t need one until they’re older. However, the importance of LPAs cannot be overestimated. What is a Lasting Power of Attorney? In short, it is an insurance […]
Buying Land Free From Chancel Repair Liability
Buying land free from Chancel repair liability When you buy property (whether residential or commercial property) one of the key tasks of your solicitor is to check for any potential hidden liabilities. Though the system of Land Registration is aimed at achieving transparency, there is still a little way to go and one such potential […]
Joint Bank Accounts & Mental Capacity
You may think you don’t need to make a lasting power of attorney because your money is held in a joint bank account with your partner. Most people assume that if they were to suffer a stroke or develop dementia, their partner would be able to carry on operating the account and would continue to […]
Capital Gains Tax – HMRC Relief Decision
In general, no capital gains tax (CGT) is payable when you sell your main residence. This is due to principal private residence relief (PPR). However, the First-Tier tax tribunal recently upheld a decision by HMRC that Mr Gibson was not eligible for PPR on the sale of a new house, built on the site of […]
Inheritance Tax – Transfer Of Nil Rate Band
As from 9 October 2007 it has been possible for spouses to transfer their unused nil rate band allowances, so that any percentage of the nil rate band that was not used when the first spouse died can be carried forward and used on the death of the second spouse, in addition to his/her own […]
Wills – A Useful And Simple Guide
Appointment of Executors These are the persons who will, after your death, deal with the administration of your estate. This will involve making an inventory of your assets and liabilities, obtaining valuations, settling any Inheritance Tax payable, applying for and obtaining a Grant of Probate, collecting the assets, paying the debts and legacies and distributing […]
Selling Your House? – Why You Need rhw’s Services
If you are thinking of selling your house we suggest that you contact us before the property is put on the market. You will have enough to manage in the move itself, with arranging and contacting for removal services, schools, utility companies etc without having to deal with the legal issues but if you still […]
ADRT & LPA – Compare And Contrast
Media interest in Court cases involving end-of-life treatment remains intense and more than ever we are made aware of the complex legal and ethical questions involved. Many people feel strongly that they would not wish to be kept alive in circumstances where there is no hope of recovery and no quality of life, but is […]
Variation Of Wills – Deeds Of Variation
There are many reasons why the beneficiaries of a Will (or intestacy) may wish to give away some or all of their inheritance, such as: To pass assets down to the next generation To remedy a perceived unfairness in the effect of the Will or intestacy To settle a potential claim against the estate To […]
Trustees – Duties & Responsibilities
Being asked to be a Trustee indicates that you are respected and trusted for your abilities. It is nice to be asked, but before accepting the role you should consider whether you have the necessary skill and are willing to take on the responsibility involved. You should also bear in mind that the Trusteeship may […]
Wills – Gift To Charities
Many of us would love to be able to give more to charity, if we felt we could afford it. But being cautious animals we generally confine our giving to collecting tins and modest monthly payments to our favourite charities. Why not consider making a more substantial gift to charity, in your Will? This is […]
Wills – A Guide For Unmarried Couples
It is a common misconception that an unmarried partner has similar inheritance rights to those of a wife/husband/civil partner, should their partner die without leaving a Will (intestate). This is not the case and the death of a partner (no matter how long-term the relationship) may leave the survivor with nothing. The Law Commission has […]
A Guide to Wills for the Divorced
Going through a divorce is unpleasant for both parties and there are a lot of difficult decisions to make and issues to consider at that time, which can seem overwhelming. It is important, however, that you update your Will (or make a Will for the first time) as soon as you take the decision to […]
Trusts For Children – Some Options
Parents or grandparents may wish to set money aside for their children/grandchildren by way of lifetime gift. For small sums, the money can be given to the child’s parent or guardian to invest on the child’s behalf. However, for larger sums a trust may be more appropriate, for reasons including: Control – the parent/grandparent can […]
Gifts – Attorneys & Deputies
You may be the attorney or deputy of a person who no longer has mental capacity (P) to manage his own financial affairs. If you are an attorney, P will have appointed you as such, while he still had mental capacity. If you are a deputy, you will have been appointed by the Court of […]
Attorney Applications To The Court Of Protection
As an attorney acting under a lasting (or enduring) power of attorney, you will usually be able to make day to day decisions on behalf of the donor without resort to professional advice (except perhaps in relation to suitable investments). However, there are times when professional advice and guidance should be sought. For example, you […]
Second Marriages & New Families
Marrying for a second time, after divorce or bereavement, marks the start of a wonderful new chapter in life and you and your new partner will be looking forward to a long and happy future together. However, when it comes to making Wills, you may feel you are stuck between a rock and hard place […]
Wills – How Often Should You Review?
We recommend that you review your Will at least every 5 years. The law (and in particular tax law) is constantly changing.Since you made your Will these legislative changes may mean that the provisions of your Will are no longer the most appropriate for your circumstances. Equally, your circumstances themselves may have changed. For example, […]
Grant Of Probate & Letters Of Administration
When a person dies, someone has to take responsibility for dealing with their property, debts and distributing the estate. The person dealing with the estate administration will normally be required to provide proof that he has the legal authority to deal with the deceased’s affairs, in order to close bank accounts, sell shares and otherwise […]
Wills & The Marriage (Same Sex Couples) Act 2013
The Marriage (Same Sex Couples) Act 2013 (M(SSC)A 2013)came into force on 13 March 2014, making same-sex marriage legal in England and Wales from 29 March 2014. The rights of a same-sex married couple are the same as those of civil partners, including: Transfers of assets between them are exempt from inheritance tax Their rights […]