So, if you have not been able to book your place on this month’s seminar, but would like to find out more about the Government’s proposed changes to employment law, then please contact us: kap@blasermills.co.uk or call 01494 478627.

Stamp duty will therefore become payable again on all properties costing more than £125,000.   

Stamp duty is a lump-sum tax to which anyone buying land or property costing above a set threshold is liable but first time buyers have, since March 2010, been able to claim exemption on the 1% stamp duty payable on properties costing up to £250,000.  After 24th March, however, this exemption will no longer apply.

Hopes of the concession being extended beyond this date were dashed during the latter part of last year when the Chancellor George Osborne confirmed in his autumn statement that the tax would resume as normal in March of this year. 

If you are selling or buying a property please contact one of our property lawyers on 0845 604 2847 or click here to fill in our contact form.

Contracts for the sale of land usually incorporate Standard Conditions of Sale which provide that an error or omission in the information given to the Buyer will only entitle the Buyer to rescind the Contract where the error or omission is the result of fraud or recklessness on the part of a Seller. 

In the recent Court of Appeal case of Cleaver v Schyde Investments Limited the Seller, having already provided the Buyer with replies to the Commercial Property Standard Enquiries, was notified of a planning application for the development of a medical centre on the property. The Seller failed to notify the Buyer who only found out about the planning application after contracts had been exchanged and therefore refused to complete.

The Court of Appeal upheld the decision of the County Court that the Buyer relied on the accuracy of the replies to the Commercial Property Standard Enquiries and would not have exchanged contracts had it known about the planning application. The Seller could not therefore rely on the Standard Conditions of Sale and the Buyer was entitled to withdraw from the purchase Contract and to the return of the deposit paid.

There is therefore a continuing requirement for a Seller to notify a buyer on becoming aware of anything that may cause any reply to enquiries to be incorrect. Failure to do so may result, as in this case, in the Buyer being entitled to refuse to complete.

Ian Wetherell of Blaser Mills, who acted for the Buyer in this case, commented:

“This case was always going to be an uphill battle given that the Seller was advised that there was no need to disclose the planning application and as such amounted to an innocent misrepresentation. The judgment underlines the principle that full disclosure of matters within the knowledge of the Seller should be made whether or not the Seller considers them to be significant or of relevance to the sale.”

For further advice and for all your commercial property requirements please contact us at commercial@blasermills.co.uk.

Lucy joins Blaser Mills in the newly created role of Compliance Officer based at our High Wycombe office. 

Lucy qualified as a solicitor in 1998 and of late has spent several years working in compliance/risks and claims management, mainly with a large professional indemnity insurer. 

Her wide-ranging role will include the following areas:-

- Claims/complaints handling on behalf of the firm;

- Liaison with professional indemnity insurers;

- SRA Regulation and associated training;

- Anti-Money laundering;

- Lexcel and other relevant quality mark accreditations.

Our seminar will take a critical look at the potential impact on your business of the Government’s proposals, which include changes to:

•    Unfair Dismissal
•    Redundancy
•    Parental leave
•    Employment Tribunal procedures
•    “Protected Conversations”
•    “No Fault Dismissals”
•    TUPE

Join us at The Crowne Plaza, Marlow, where tea, coffee and bacon rolls (and vegetarian option) will be served at 8am. Seminar starts at 8.30am and ends at 9.30 am.

Make sure your business is up to date with what is in the Employment Law pipeline – SIGN UP NOW to guarantee your place by emailing kap@blasermills.co.uk or call 01494 478627.

Jon joined Blaser Mills as a trainee in 1988 and remained with the firm until 1994 when he left to become a partner in a Staines practice, returning to Blaser Mills as a partner in 2004.

Jon takes over the Managing Partner position from Stephen Bennett who held the position for over a decade. Steve will continue to play an active role in all matters concerning the development of the firm and now heads up the Criminal Defence Department.

The Ernst & Young survey, which polled 406 chief financial officers, controllers and finance managers at a range of FTSE, mid-size and private companies, revealed that just 6% of companies believed the anti-bribery law hampered their business dealings.

Anyone feeling complacent, however, should take note that the first prosecution under the Bribery Act has resulted in a prison sentence. A court clerk who pleased guilty to a charge under section 2 of the Bribery Act  – for requesting and receiving a bribe intending to improperly perform his functions – has been sentenced to three years imprisonment for the bribery offence and six years for misconduct in a public office, the sentences to run concurrently.

For further advice about the implications of the Bribery Act please contact us at commercial@blasrmills.co.uk

SMEs are owed an average of £39,000, and are waiting up to two months to get paid, with half of all SMEs in the UK – some 861,000 businesses – currently experiencing late payments.

So, what should a business owner do to minimise the impact of late payments?

- draft watertight terms and conditions, including clear and precise payment terms and a suitably worded provision for the payment of interest in the event of late or non-payment;

- incorporate these terms and conditions into the contract by bringing them to your customer’s attention in early correspondence, in brochures or other marketing material and on any quotation you provide;

- adopt efficient credit control procedures by contacting your customer with a reminder as soon as the payment is overdue;

- adopt cost-effective debt recovery measures – speak to your professional advisors at the earliest possible opportunity. 

Ultimately it is pro-active businesses who are the most likely to recover money owed. In many cases there will be no need to go to court, a solicitor’s letter outlining the consequences of non-payment often being enough to ensure that the debt is paid.

If further action is required we can help you obtain judgment against the debtor and advise you on your enforcement options, including:

- Warrant of Execution – which authorises court bailiffs to seize goods from the defendant’s home and/or business;

- Attachment of Earnings Order – which compels the defendant’s employer to make regular deductions from the defendant’s earnings;

- Third Party Debt Order – which freezes the defendant’s money held by a bank or building society, preventing the defendant having access to the money until the debt is paid;

- Charging Order – providing you with the equivalent of a mortgage over land or property owned by the defendant, preventing the defendant from selling his property/land without paying what is owed;

- Statutory Demand – a written demand for the payment of the debt which, if not satisfied or challenged, allows you to issue bankruptcy or winding-up proceedings.

We offer a pragmatic, cost effective debt recovery service and we would be happy to discuss your needs with you. Contact us at commercial@blasermills.co.uk

The list comprises solicitors with knowledge and experience of working for dental practices throughout the UK and is compiled by the British Dental Association on the basis of recommendations made by its members.

The firm is able to provide a full range of legal services to both dental practices and practitioners including:

•  acquiring and selling dental practices
• PCT/GDS contracts
• property transactions
• landlord and tenant
• retirement
• partnership agreements
• employment law
• judicial review
• medical negligence
• dispute resolution

If you would like further information please contact David Michaels on 01494 738069 or at dgm@blasermills.com.