The Solicitor - The FindLaw UK Life, Family and Workplace Law Blog

August 2009 Archives

Good News For Homeowners As Property Prices Rise Again

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Latest figures from the Land Registry show that all regions experienced a positive monthly change in their average property values. 

The July increase of 1.7% in England and Wales is the strongest monthly growth since July 2004 and the third month in a row with a positive movement.

Wales experienced the greatest monthly rise with a movement of 3.1% and an average property value of £123,122.

Prices have not yet recovered to the point they were at last year, however.  The average house price is now £155,885, 11.7% lower than at the same time last year.

Unfair Dismissal, Wrongful Dismissal, & Severance Pay

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The Government has announced a review to examine how local authority CEOs are being allowed to walk off with big pay-offs after falling out with council political leaders.

The announcement was prompted by a spate of cases where well-paid local authority executives were dismissed with large severance payments - only to be appointed shortly afterwards to senior positions in other authorities.  Some executives appear to have parted company on the basis of fall-outs or personality clashes with council leaders - not because of any shortcomings in their professional abilities.

"Booze ASBOs" Call Time On Problem Drinkers

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New powers to crack down on people responsible for alcohol-fuelled crime and have been announced.Right-click here to download pictures. To help protect your privacy, Outlook prevented automatic download of this picture from the Internet.
NDS

From today, police and local authorities will be able to apply for Drinking Banning Orders (DBO) on individuals aged 16 and upwards who regularly commit crime or anti-social behaviour while under the influence of alcohol.

Magistrates will be able to impose any condition they think is necessary under the "booze " to protect the public from that individual committing further offences.  This could include banning them from consuming alcohol in public places, including certain pubs, bars and off licences and restricting them from entering certain areas."

As reported in July, .

Untangling the judicial and legislative branches of government represents .

But what of the other Lords - the Temporal and Spiritual ones - that still hold residence in Parliament? 

Legislative reform...

While the Government has succeeded in reforming the judicial branch, reform of the legislative branch has proved painfully slow.

Despite a radical overhaul in 1999, Parliament's upper chamber remains unelected.  Even its name harks back to feudal times.  It has 725 members, of which 26 are Lords Spiritual and 699 are Lords Temporal.  The Lords Spiritual consist of 26 Archbishops and Bishops of the Church of England; while the Lords Temporal comprise 608 appointed life peers and 91 aristocrat hereditary peers.

Rogue Employment Agencies On The Run

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New figures reveal that since April the has won back over £125,000 in unpaid wages for agency workers from rogue employment agencies.  Money was recovered from agencies operating in a wide range of sectors including cleaning, teaching, hospitality, engineering, modelling and entertainment.

In June, Employment Agency Standards inspectors recovered over £17,000 for four engineers in West Sussex.  As a result of not being paid on time, one man had to sell his car to pay his rent, and another had to borrow money from relatives to pay his mortgage.  But once EAS inspectors were contacted, the workers received £15,000 within three days, with the remainder arriving shortly after.

Smoking Lettuce

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Earlier this week, Martin Fitzpatrick, 28, of Newry, County Down, was jailed for three years for smuggling tobacco.  Mr. Fitzpatrick was stopped by customs officers at Dover Docks in May 2008.  They found six million cigarettes and half a tonne of hand rolling tobacco concealed in rotten lettuce in the back of his lorry.

UK Immigration And Asylum Applications Decreasing

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Annual statistics for UK immigration and asylum applications in 2008 and quarterly figures for April to June 2009 were published yesterday.

The figures show that work visa applications from the eight accession countries have continued to fall in 2009.  In the second quarter of this year, there were 26,150 applications from workers in Poland, Lithuania, Latvia, Hungary, Slovakia, Slovenia, Estonia and the Czech Republic - down from 46,070 in the same period in 2008.
The number of Bulgarian and Romanians applying for accession worker cards also continues to fall.  There were 580 applications in the second quarter of 2009, a fall of 43 per cent, compared to the same quarter in 2008.

Net migration to the UK also fell to 118,000 in 2008, down from 209,000 in 2007 - the lowest since the eight accession countries joined the EU in 2004.

Who Keeps The Engagement Ring?

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You met a few years ago.  You've had your fair share of ups and downs, but one day you decide: "what the hell, time to propose!"  You promptly head down to the jewellers on the high-street and buy the biggest rock on the shelf.  The question: "Who keeps the engagement ring?" never even pops into your head. 

Come the big day, you propose and - YERSSSS!!! - you get the answer you're looking for.  Your partner is as excited as you are and the pair of you hunker down to organise a Spring wedding.

It's over...

A couple of months later, however, and you've been dumped.  She's run off with your best mate and refuses to return the engagement ring.  You took out a whopping great loan to pay for the ring - surely, you can get it back?!

'Contactless Payment' Mobile Phones

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Soon consumers will be able to use their phones as payment devices by swiping them over sensors, similar to Oyster cards.  These 'contactless payment' mobile phones utilise near-field communication technology to authorise payments.  Trials of the technology have reached an advanced stage in many countries, including Japan (where mobiles are also being used as house keys!), Germany, and the UK.

The new phones sound great, but previous advances in technology have been accompanied by unexpected crime waves: email heralded 'phishing' scams; ATMs precipitated 'card catching;' and online banking gave rise to 'key logging' (used by fraudsters to track the input of secret passwords and account numbers).

In an effort to 'design out' opportunities for crime and reduce harm to consumers, the Government has been working with industry to ensure the new technology builds in tough security measures at the earliest stages.

Today, it also announced the following guidelines:

Facebook Cyber Bully Jarred & Jailed

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Not long ago, Facebook could do no wrong.  But, .

Perhaps it's just the sight of so many battered and bruised social networking junkies among us? 

Millions of you - God only knows why - : "I am opening a box of cornflakes" ... "I am eating a sandwich" ... "I am assembling a fondue set."

Of course, it started out innocently enough, didn't it?  Maybe you'd while-away an hour or two at work each week playing "Scrabulous" with some long-lost chum from sixth-form...

But then came the dreaded 10-question quizzes:  "Which historical character are you?" "What is your Native American name?"  "Which member of England's World Cup 1966 winning squad are you?"

They pushed you over the edge.  It wasn't long before Facebook became Face-hook.  The biggest time-suck ever invented.

Six companies based in Blackburn and Manchester have been wound up in the High Court following an investigation by the Government's Companies Investigation Branch ("CIB").

CIB's investigation established that the six companies, UK Wide Debt Management Limited, Frasier Goldberg Limited, ADC Organisation Limited, ADC Recoveries & Legal Services Limited, Royal Foods limited and Rabi Foods Limited, although involved in different businesses, were linked to each other through common directors and/or addresses.

Divorce 101: Divorce Procedure In Northern Ireland (#10)

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No. 10 - Divorce Procedure In Northern Ireland

The divorce procedure in Northern Ireland has three main stages: service of the divorce petition; decree nisi; and decree absolute.

Divorce 101: Divorce Procedure In Scotland (#9)

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No. 9 - Divorce Procedure In Scotland 

There are actually two divorce procedures in Scotland: the simplified ("do-it-yourself") procedure and the ordinary procedure.  The spouse who applies for the divorce is called the 'pursuer' and the other the 'defender.'

Simplified / DIY Procedure

The DIY procedure is available only if:

  • the divorce is uncontested - if a party objects to the procedure at any stage, it will stop;

Divorce 101: Divorce Procedure In England & Wales (#8)

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No. 8 - Divorce Procedure In England & Wales

The divorce procedure in England & Wales has three main stages: service of the divorce petition; decree nisi; and decree absolute.

Divorce Petition

One spouse (the 'petitioner') must file a petition asking the court to grant a divorce - a couple cannot ask for a divorce together, even if they both want it.

After the court receives the divorce petition, it sends a copy to the other spouse ('the respondent') and any co-respondent named in the divorce petition (e.g., a person who had an affair with the respondent).  This is known as 'serving the petition.'

The respondent has eight days to acknowledge receipt of the petition.  If they don't do this, the court will contact the petitioner and ask for more details and, if necessary, arrange for a court official - known as a bailiff - to serve the petition in person.

What happens next hinges on whether or not the respondent contests the divorce or agrees to it.  The parties will need to agree a deal regarding ownership of money and property, and arrangements for children (if any).

Mediators or solicitors can help the parties negotiate an agreement that is fair.

A Lancashire-based company which induced members of the public to make internet purchases of computer games consoles, which it then failed to supply, has been wound up in the High Court following an investigation by the Companies Investigation Branch ("CIB") of the Insolvency Service.

Government Planning Clamp Down On Illegal P2P File-Sharing

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The Government is considering granting new powers to Ofcom, under the forthcoming Digital Economy Bill, to tackle unlawful peer-to-peer (P2P) file-sharing and clamp down on piracy.  

If the proposals are implemented, Ofcom could compel Internet Service Providers (ISPs) to take action against individual, repeat infringers - for example by blocking access to download sites, reducing broadband speeds, or temporarily suspending an individual's Internet account.

Divorce 101: Grounds For Divorce - Northern Ireland (#7)

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No. 7 - Grounds For Divorce (Northern Ireland)

To end a marriage in Northern Ireland, you must establish it has broken down irretrievably.  You prove this by fitting your circumstances into one of five 'facts':

  • Adultery: This means your spouse has had full sexual intercourse with a person of the opposite sex.  You must have proof of adultery or the respondent must admit to it.  You cannot use this ground if the respondent has had a sexual relationship short of intercourse, or if they have had a sexual relationship with a person of the same sex.  If this is the case, then you must rely on the ground of unreasonable behaviour (see below).  If you go on living together for more than six months after you have found out about the adultery you may not be able to use this 'fact' because you also have to show the court that you find it 'intolerable' to go on living together.

Divorce 101: Grounds For Divorce - Scotland (#6)

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No. 6 - Grounds For Divorce (Scotland)

In Scotland, there are two grounds for divorce: irretrievable breakdown of marriage and transsexual gender recognition

Irretrievable breakdown of marriage

The first ground can be proved in one of four ways:

  • Adultery: This means your spouse has had full sexual intercourse with a person of the opposite sex.  You cannot use this ground if the respondent has had a sexual relationship short of intercourse, or if they have had a sexual relationship with a person of the same sex.  If this is the case, then you must rely on the ground of unreasonable behaviour (see below).  Also, if you 'condoned' or 'connived at' your spouse's adultery, you cannot rely on this reason.  Condonation means you forgave your spouse by resuming married life after you knew about the adultery.  Connivance means encouraging the adultery (e.g., suggesting you both attend a 'swingers' party).

Tax Dodgers: 'Fess Up Or Face Consequences

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Anyone with undeclared offshore tax liabilities who fails to come forward under the New Disclosure Opportunity (NDO) faces an increased risk of prosecution, HMRC's Permanent Secretary for Tax, Dave Hartnett, warns in a new podcast launched today.

Under the NDO, people making a complete and accurate disclosure of their untaxed offshore liabilities between 1 September and 12 March 2010 will have any penalty capped at 10 per cent, or 20 per cent if they failed to take up a written offer of a capped penalty under HMRC's 2007 Offshore Disclosure Facility (ODF).

Once this disclosure window closes on 12 March 2010, those taxpayers who have not come forward but are found to have unpaid tax liabilities will face penalties of at least 30% rising to 100% of the tax evaded.  They also run a risk of criminal prosecution.

Divorce 101: Grounds For Divorce - England & Wales (#5)

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No. 5 - Grounds For Divorce (England & Wales)

To end a marriage in England & Wales, you must establish it has broken down irretrievably.  You prove this by fitting your circumstances into one of five 'facts':

  • Adultery: This means your spouse has had full sexual intercourse with a person of the opposite sex.  You must have proof of adultery or the respondent must admit to it.  You cannot use this ground if the respondent has had a sexual relationship short of intercourse, or if they have had a sexual relationship with a person of the same sex. If this is the case, then you must rely on the ground of unreasonable behaviour (see below).  If you go on living together for more than six months after you have found out about the adultery you may not be able to use this 'fact' because you also have to show the court that you find it 'intolerable' to go on living together.

Divorce 101: The Basics (#1-4)

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No. 1 - Jurisdiction

The UK has three separate legal systems - England & Wales, Scotland, and Northern Ireland - each jurisdiction has separate rules and procedures for divorce.

No. 2 - Time Limitation

In England & Wales, you must be married for at least one year before you can petition for divorce; Northern Ireland has a two-year waiting period; and Scotland has no time limit.

No. 3 - 'Domicile' or 'Habitual Resident' Requirement

To obtain a divorce in the UK, you must have either: (1) domicile in the jurisdiction in which you 'petition' (or, in Scotland, 'apply') for divorce; or (2) been habitually resident in the jurisdiction for one year.

Government To Ban 'Legal Highs'

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Man-made chemicals which are sprayed on herbal smoking products such as "Spice" and the chemical solvent GBL are two of the so called "legal highs" to be banned by the end of the year, Home Secretary Alan Johnson announced today.

The Government also intends to launch a new information campaign to educate young people on the dangers of these substances to coincide with freshers' week in September.

Google Reveal Identity of 'Skank' Blogger

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Last week, a U.S. court ordered Google to reveal the identity of an anonymous blogger who called a New York fashion model, Liskula Cohen, a "psychotic, lying, whoring ... skank" on its subsidiary site Blogger.com. 

As soon as Google turned over the blogger's email address, Cohen recognised it as a woman she knew from the New York party scene.  According to the New York Post, the embittered blogger's name is Rosemary Port.

NHS Compensation For Medical Negligence Rising Sharply

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The NHS Litigation Authority (NHSLA) annual accounts reveal the NHS spent £807 million in compensation for clinical negligence in the last financial year - an increase of £194 million over three years.

NHSLA blames the increase on the growing use of conditional fee agreements, also known as "no win, no fee" agreements, which allow lawyers to claim a "success fee" on top of their normal legal fees.

Asylum & Immigration: New Crackdown On Identity Fraud

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The Government has announced a new data sharing agreement with Canada and Australia to combat identity fraud.  Pursuant to the deal, the countries will swap fingerprint information on foreign criminals and asylum seekers - making it easier to identify migrants trying to hide their past from authorities and speed up removals.

The USA will be joining the agreement shortly and New Zealand is considering legislation to join in the near future; the deal also builds on existing agreements already in place with a number of European countries.

VAT Rate Will Return To 17.5% From January 1, 2010

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Last week, the Office for National Statistics (ONS) released provisional estimates of the public finances showing that in July the public sector had:

  • a current budget deficit of £5.1 billion;

  • net borrowing of £8 billion; and

  • at the end of July, net debt was £800.8 billion, equivalent to 56.8% of gross domestic product -- its highest since the measure started in 1974.

ONS said it is the first time the Government has borrowed in July since 1996 and the highest figure for the month since records began in 1993.

Facebook: Think Friends, Fotos... & F**k!!!!

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A couple of years ago, everyone just loved Facebook - Facebook, Facebook, Facebook - everywhere you turned, someone would be yammering on about it.  In 2007, Microsoft loved it so much it paid $240 million for a 1.6% stake.

This gave the company a total value of around $10-15 billion.  Yet, it remains free to join and raises revenue solely through advertising.

Given advertising on the site is fairly minimal, doesn't it seem strange that the company is valued so highly? 

Well, maybe not.  In January, ranked the top 25 social networking sites by number of visitors: Facebook topped the rankings with 1,191,373,339 visitors per month; MySpace came second with 810,153,536; while Twitter trailed third with 54,218,731.

And, by June, Facebook held over 2 (PB) of data in its system - equivalent to 40 million four-drawer filing cabinets, packed to the rafters with users' personal data and information.

A Bright Idea - Light Bulbs Go Green

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On 1 September, the EU starts the mandatory phase out of 100 watt and frosted incandescent (or old fashioned) light bulbs.

The UK has been at the forefront of efforts to cut down energy-inefficient products which cost people more money to run and are bad for the environment as they have higher carbon emissions.

Beware Rogue Traders

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A company that sent unsolicited goods to "customers" and then chased them for payment has been wound-up in the public interest following an investigation by the government's Companies Investigation Branch ("CIB").

Merchant Retail Supplies Limited ("MRS") delivered unsolicited goods (i.e., till rolls and till maintenance kits) to businesses throughout the UK and then pursued the businesses for payment. 

Those affected told CIB investigators that not only did the company send unsolicited goods, but they also sought to prevent recipients returning them by telling them that returns would be at the "customers" own expense.

Mentally Ill To Get Extra Support To Stay In Work

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Thousands of people with mental health problems will get extra support to manage their condition to remain in the workplace, Jim Knight, Minister for Employment and Welfare Reform announced on Friday.

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NDSEarly indications show Government pilots, run in conjunction with the mental health charity Mind, have been overwhelmingly successful in helping people with fluctuating mental health conditions retain their jobs.

Smiley Bunnies Pose Choking Hazard

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Distributor Junction Eighteen has issued a for the following product:  SMILEY KNITTED BUNNY 40CM PRODUCT CODE 71580.  The recall applies to all items sold from the 1st January 2009.

The product has a safety defect.  The eyes on the bunny may detach and pose a potential choking hazard to small children.

Do not let children play with the product under any circumstances.

Baby Medicine Feeders: "Could Be Inaccurate"

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Poundland has issued a for two medicine feeders used for babies and young children due to labelling and safety defects. 
The Government has secured the long-term future of a tax break designed to help small, high-growth companies to recruit and retain highly skilled employees by gaining State Aid approval from the European Commission.

Post-Exam Hangover? Platform2 Could Be The Answer

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Students looking for post-A Level inspiration are being encouraged to consider volunteering in developing countries via a fully-funded Government scheme called Platform2.

UK Immigration: Tier 2 Work Visas

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This week, the Migration Advisory Committee (MAC) published a on the workings of of the UK's points based immigration system.

The report recommends that the earnings thresholds for gaining points should be raised, jobs should be advertised within the UK for longer and the arrangements for intra-company transfers should be strengthened.  Strong monitoring and enforcement of Tier 2 is also required.

From 30 September, courts will have greater freedom to grant restraining orders when abusers appear before them, giving victims immediate protection and sparing them the ordeal of a separate civil action.

Currently, courts can only issue restraining orders following conviction for two types of offences: harassment or putting someone in fear of violence

Under the new rules, an order can be made following conviction for any offence and even where someone is acquitted in order to better protect victims.  Breaking the terms of a restraining order is a criminal offence punishable by up to five years in prison.

5 Ways To Avoid Inheritance Tax

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1. Draft a will

The only way to avoid intestacy and ensure your estate is distributed the way you want it to be.  If you're married or in a civil partnership, you can leave everything to your spouse or civil partner and no IHT is due because they qualify as exempt beneficiaries.

2. Get hitched

To repeat, when an estate passes between a husband and wife, or between civil partners, no IHT is due.  What's more, married couples and civil partners can transfer any unused IHT allowance to the surviving spouse or civil partner when they die.

7 Reasons You Should Write A Will

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1. Decide who inherits what

A will allows you to make gifts of money or specific items to individuals or charities of your choosing.  If you fail to write one, everything you own passes through and will be distributed in a manner laid down by the law.  Depending on your circumstances, the entirety of your estate could escheat to the crown.  Moreover, does not recognise unmarried partners or stepchildren.  As a result, even if you've lived together for many years, your cohabitant or stepchild may be left with nothing if you do not write a will.

IBM Faces 'Pensions Backlash'

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Unite, the UK's largest union, has warned it faces a backlash from thousands of employees disgruntled about its plans to change pension and early retirement provisions.

IBM proposes to close its final salary pension scheme and alter the terms of its early retirement scheme.  Unite calculates retirees could lose up to £200,000 as a result of the proposed changes.  Moreover, between 700 and 1000 employees could opt for early retirement before the new arrangements take effect in April 2010, causing significant disruption at the company.

Back Young Britain

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The Work Foundation has welcomed Peter Mandelson's call for a to tackle youth .  But it has urged the Government to speed up introduction of its measures and to ensure they do not overlook the increasing competition between graduates and non-graduates for jobs.

iPhone Explosions Just 'Isolated Incidents,' Say Apple

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So where exactly do you carry your iPhone?  In your pocket?  You might want to rethink that strategy...

Over the past year, the press has released a number of stories about iPhones and iPods exploding.

In the latest incident, Romain Kolega, a French teenager, was using his girlfriend's iPhone and it began to "crackle and pop like a deep-fryer."  It then exploded and sent shards of glass into the boy's face.

ADR: 10 Things You Need To Know

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1. What is ADR?

ADR is an acronym for "Alternative Dispute Resolution" - a catch-all term used to describe different methods to resolve legal disputes outside of court.

2. How do ADR schemes work?

Each scheme operates differently.  The forms of ADR most commonly used in the UK work as follows:

Landlords: 12 Things To Consider

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1. Your mortgage

Many mortgage agreements state borrowers need written consent from lenders before they rent out property. 

Take a look at your mortgage agreement or ask your mortgage lender directly to find out whether you need consent.

2. Screening tenants

Visit the website, which provides and avoid .

Marks & Spencer Product Safety Issue

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have identified a potentially serious safety issue with two of their hammock products which they have sold over the last five years.  The affected products are the (product code T39/0303L, T84/0303, or T39/8010; on sale since 2004-2005) and   (product code T39/6446 or T39/5932; on sale since 2006).

Redundancy Pay Set To Rise

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Statutory pay will increase this autumn.  From 1st October, the weekly limit for statutory redundancy pay will increase from £350 to £380 and the maximum statutory redundancy payment will rise from £10,500 to £11,400. 

This increase will also affect certain other payments which are calculated on the basis of a week's pay, including employment tribunal awards (e.g., the basic award for ) and payments made out of the National Insurance Fund where an employer is .

Since the increase will come into force beginning 1st October, an employee whose redundancy dismissal takes effect on or after this date will be entitled to this higher amount.

Entitlement to Redundancy Pay

To work out your redundancy pay entitlement, you should first look at your contract of employment.  If it doesn't mention a payment or you don't have a contract, you may still be legally entitled to redundancy pay.

IHT Interest Increase Dubbed New 'Stealth Tax'

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When we pass away, the government collects inheritance tax (IHT) at a rate of 40% on what's left of our estates over and above the IHT threshold (currently set at £325,000).

This begs two questions: (1) Is there a deadline to pay IHT?  (2) Are there any penalties for paying IHT late or in installments?

The answer to each question is "yes:"  IHT is due exactly six months from the end of the month in which a person dies, after which the government charges interest for late payment.

Wrongful Dismissal: 'Look' & Learn...

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Riam Dean, 22, was born with no left forearm and has been wearing a prosthetic limb since she was three months old.  Last summer, she was working at the Savile Row branch of Abercrombie & Fitch, when one of her managers approached her and told her to get off the shop floor because she was wearing a cardigan, in violation of Abercrombie's strict dress code.

Apparently, the company has a "Look" policy, which demands that employees "maintain a consistent level of dress and grooming that represents what people expect from [the brand]."  Presumably, cardies just don't cut the mustard these days..

UK Businesses Given More Time To Pay Taxes

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Chancellor Alistair Darling visited the hub of the HM Revenue & Customs (HMRC) Business Payment Support Service (BPSS) in Cumbernauld, Glasgow yesterday to see how the service is performing in its work to support struggling businesses across the UK.

Launched in November 2008, the service has helped over 185,000 UK businesses to spread tax payments totalling £3.3 billion over a timetable they can afford. 

Around 60% of arrangements are for periods of three months and below.  HMRC monitoring shows that over 90 per cent of expected payments have been received.  By 2 August, £2.12 billion had been repaid (both in part and in full), leaving £1.18 billion still being paid.

Netto Iron Recall

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is taking the precautionary measure of recalling the following product due to complaints concerning possible damage to the electrical cable:

Netto Prolectrix 2000W Full Function Steam Iron
(£9.99) on sale from 23 April 2009
Batch 090271

Customers who have bought this product with the batch code 090271 should return it to the store where a full refund will be given.  The batch code can be found on the rating label affixed to the base of the unit.

Electric Ovens: Important Safety Notice

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has issued an important safety notice for the below models of electric ovens branded Electrolux, Zanussi-Electrolux, Moffat, and Tricity Bendix:

'Land Banking' Director Disqualified

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Timothy Wren, of Omskirk Lancashire, the former managing director of Land Banking (UK) plc has been disqualified as a director for seven years following an investigation by the Companies Investigation Branch ("CIB").

Land Banking commenced trading in November 2005.  It purchased farmland, divided it into small plots, and re-sold it at "inflated values." 

Investors bought plots believing planning permission to develop the land would be granted and result in a "10 fold increase in value."

Baby Food Choking Risk - Heinz Issue Product Recall

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Heinz has issued a for part of an "isolated batch" of Heinz Mum's Own Spaghetti Bolognese Baby Food, 7 months+ - 200g jars, as a "precautionary measure" because of the potential presence of "small pieces of plastic which could present a choking risk."

Toy Torches: Too Hot To Handle?

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Kinnerton Confectionery (Company) Ltd is issuing a of Ben 10 Alien Hero Projector Torches sold as part of a Ben 10 Easter Egg Pack between February and April 2009.

Mortgage Arrears Up, But Repossessions Down

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Positive news for the housing market on Friday, as the Council of Mortgage Lenders (CML) released figures showing the number of repossessions fell and mortgage arrears levelled off in the second quarter.

The CML's head of policy Jackie Bennett, said: "With unemployment rising and the economy still weak, the outlook in the housing market will remain challenging for the rest of this year and into 2010.  But today's data shows that lenders are committed to helping borrowers manage their way through temporary payment problems and get their mortgage back on track over time, avoiding possession where possible.

"Clearly, low interest rates are also helping borrowers to resolve their arrears, paying what they can towards their mortgage.  But the key message continues to be to talk to your lender as soon as possible when difficulties emerge."

Government Open For Business

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Last week, the Department for Business Innovation and Skills announced that every small business in the UK now has free access to thousands of lower value government on the website .

Pay Cut Protection

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On Monday, the published a story about a new insurance product designed to protect workers against pay cuts.

The product will be marketed as "salary gap insurance."  It's geared towards workers whose jobs are at risk and who probably couldn't find work that pays as well if they're made redundant.

"A lot of people are having to take work that pays less money, but they still have to pay the same bills, still have the same financial commitments," said American businessman Bill Graham.

Wilkinson Recall Dangerous Lamps

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has issued a for "Right Price Mother and Son Floor Lamp."  There is a safety issue with the product.  During quality checks, Wilkinson discovered that there may be a risk of an electric shock during customer assembly of the lamp.

In issuing the recall notice, Wilkinson made the following statement: 

"Nothing matters more to us than the safety of our customers - so if you have bought this item please stop using it immediately and return it to us for a full refund.  Or if you have bought it for someone else, please let them know as soon as possible."

Lost Luggage: Airline Compensation Set To Rise

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On Wednesday, the  reported that the International Civil Aviation Organisation is set to increase the amount passengers can claim from an airline if their is lost by 13.1%. 

From 2010, passengers may be able to claim up to £1,060.48 compensation if their luggage disappears.  The current ceiling is £972.80. 

This will be the first increase since the Montreal Convention, which linked compensation to the value of the lost luggage, came into force in 2004.

Government Should Raise 'Rent A Room' Tax Threshold

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Recently, this blog reported on government plans to implement a national register in England, to better monitor landlords and punish those who improperly retain deposits or fail to maintain their properties.

Under the plans, private landlords will be required to register online, pay a £40 fee, and agree to a set of standards before they can let property. 

After registering, local councils will have instant access to their records and could prohibit them letting property if they fail to abide by the standards expected of them.

HM Revenue and Customs (HMRC) will also be given access to the database, prompting fears it will try to raise tax from hard-up forced to let rooms during the downturn.

Fish Movement Restricted

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Movements of fish into, out of and within a fishery in Cambridgeshire have been restricted, following the confirmation of koi herpesvirus .

The Centre for Environment, Fisheries and Aquaculture Science (CEFAS), acting on behalf of the Department for Environment Food and Rural Affairs, has issued a 'Confirmed Designation' prohibiting the movement of fish into, out of and within the affected site.

Divorce Causes Global Warming, Says Sky Newsman

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Earlier this year, the Office for National Statistics reported that the British population now stands at 61 million, and forecast it will pass 70 million by 2028. 

Meanwhile, the global population stands at 6.7 billion and is expected to rise to 9.2 billion by 2050.

Bankruptcy & Insolvency Update

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Insolvency Service statistics show that 5,055 companies went into in England and Wales in the second quarter of 2009, an increase of 2.9% on the previous quarter. 

The good news, however, is that this is a smaller increase than the 7.1% quarter-on-quarter increase reported after the first quarter of 2009.

Meanwhile, 33,073 individuals became insolvent during the second quarter - almost 10% more than the number reported in the first quarter.

So you unexpectedly inherit a small fortune and decide what the heck, time to book your dream holiday.  After shopping around on the internet, you splurge on long-haul flights to a beautiful island in the Indian Ocean. 

Your flights are with a foreign airline and you book them through new "bargain-basement" retailer CheapFlyNow.  You pay by credit card because 'Sensible' Susan at work says this affords you "extra legal protection."  You then hit the shops and start shelling out on 'essential' holiday items.

Unfair Dismissal: Time Is Of The Essence

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What is unfair dismissal?

Dismissal can be unfair for a variety of reasons, i.e.:

Who can claim unfair dismissal?

Under the Employment Rights Act, only employees that have a year's continuity of service at the date of dismissal, or who have been dismissed without notice and are within a week of gaining a year's continuity of service, can claim .

Bar Council, Not Style Council

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Horsehair wigs, silk gowns, and collarettes - no, I'm not describing the inside of a glam rocker's wardrobe - this is what barristers wear.  Apparently, the profession adopted the uniform in 1714 as a token of mouring to mark the death of Queen Anne; 300 years on, it would appear they're still grieving, since they continue to wear the same outfit. 

Some commentators claim "wigs reinforce the law's ."  Others complain they're elitist and symbolic of social immobility - representative of a semi-feudal 'closed shop' for the privileged few.  Indeed, a report from the Cabinet Office last month revealed 70% of were educated at fee-paying institutions (compared to 7% of the general population).

Retirement & Age Discrimination Laws In State Of Flux

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Age Concern has published a briefing, which explains what you can do if your employer wants to make you retire against your will before the High Court decides the Heyday challenge.  The key parts of the briefing are reproduced below:

(Emigration) Indecision Bugging Me...

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If I go there will be trouble,
And if I stay it will be double.
So you gotta let me know,
Should I stay or should I go?

- The Clash, 1981

New research published last week by the Institute for Public Policy Research (IPPR) has refocused attention on .

Retirement, Age Discrimination & Unfair Dismissal

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As many people over the age of 65 have discovered to their chagrin in recent years, retirement is a form of dismissal and not always voluntary.  Currently, under the , employers can require all staff to retire at 65, or the employer's normal retirement age, regardless of their circumstances, so long as they follow the correct procedure.

Government Cash For Scrap Scheme A Roaring Success

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The economy received a big boost on Monday, as the released figures showing that the ',' also known as the 'vehicle discount scheme,' has been a nationwide smash-hit success, with orders topping 150,000 since mid-May.

This news follows on the back of news from the Society of Motor Manufacturers and Traders (SMMT) that 157,149 new cars were registered in July - an increase of 2.4% on the July 2008 figure.

SMMT chief executive Paul Everitt attributed the rise to the Government's 'cash for bangers' scheme: "The impact of the scrappage scheme is clear and we are encouraged by the positive impact it has had, increasing new car registrations for the first time since April 2008."

Peter Mandelson, Secretary of State for Business said:  "I'm pleased that we have already achieved over 150,000 new car orders.  This is a great deal for manufacturers and dealers, not to mention customers."

Additional data also reveals that on average, new cars bought under the scheme have CO2 emissions that are 25% lower than the cars scrapped.  The average CO2 figure for scrapped cars is estimated to be at least 179 g/km, compared to a much lower 133.9 g/km emissions average for cars bought through the scheme.

Facebook Friend Your Boss? Think Again...

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Oh, the wonders of the worldwide web.  This week, demonstrates another example of why it's a really (really, REALLY...) bad idea to add your boss as a friend on :

OMG I HATE MY JOB!! My boss is a total purvey wanker always making me do shit stuff just to piss me off!! WANKER!
Yesterday at 18:03 - Comment - Like
Hi, I guess you forgot about adding me on here?
Firstly, don't flatter yourself.  Secondly, you've worked here 5 months and didn't work out that I'm gay?  I know I don't prance around the office like a queen, but it's not exactly a secret.  Thirdly, that 'shit stuff' is called your 'job', you know, what I pay you to do.  But the fact that you seem able to fuck up the simplest of tasks might contribute to how you feel about it.  And lastly, you also seem to have forgotten that you have 2 weeks left on your 6 month trial period.  Don't bother coming in tomorrow.  I'll pop your P45 in the post, and you can come in whenever you like to pick up any stuff you've left here.  And yes, I'm serious.
Yesterday at 22:53

British Citizenship: Do You Pass The Test?

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Plans requiring would-be-citizens to earn 'points' to stay permanently in the UK were revealed by the last week.  This blog takes a look at the current laws on naturalisation and the proposed new Points Based Test for Citizenship.

Fair Grounds For Dismissal

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Under the Employment Rights Act, if an employee pursues a claim for  the employer must establish the dismissal is fair based on one of the following reasons:

  1. A reason related to the employee's (e.g., abusive behaviour, theft, bribery, sharing confidential information, tardiness, intoxication at work, etc)

  2. A reason related to the employee's or lack of qualifications

  3. of the employee (i.e., at age 65 or the organisation's normal retirement age)

  4. A legal requirement prevents the employment continuing (e.g., the employee is employed as a driver but no longer holds a driving license)

If the reason the employee was dismissed does not fall within one of these five categories, it can still be a fair dismissal, provided there was some other " of a kind such as to justify the dismissal of [the] employee holding the position which that employee held."

5 Things You Need To Know About The Scrappage Scheme

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1. What's all the fuss about this 'scrappage scheme'?

The vehicle discount scheme, also known as the 'scrappage scheme,' began in May 2009.  The primary objective of the programme is to provide immediate support to boost the car industry and its supply chain during the downturn and stimulate demand.   A corollary objective is to get older vehicles off the road and encourage consumers to invest in new, safer, and more environmentally friendly models.

2. Okay.  So far, so good - it's good for the economy and the environment - but what do I get out of it?

Well, subject to certain terms and conditions (see below), the scheme offers a £2,000 discount when you trade in your existing vehicle and buy a new one.  The subsidy comprises £1,000 from the Government with matched funding from vehicle manufacturers.  The discount is deducted from the price you pay for the new vehicle and will be shown on your invoice when you take delivery of it.

Note, as an added incentive to buy a new car, many manufacturers participating in the scheme are actually offering more than the required £1,000 matching contribution.

Salmonella Scare: Goat Cheese Recall

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has issued a  alert for "Waitrose Moody's Rosary Pink Peppercorn Goats Cheese 100g" after tests showed the presence of salmonella in a batch of pink peppercorns of the cheese.

Ryanair: Too Good To Be True?

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Early last month, the Office of Fair Trading announced Ryanair had "agreed" to improve its advertising, after the Advertising Standards Agency referred the airline to the OFT after repeated violations of its code of conduct.

As part of the agreement, Ryanair promised to provide clearer information about its price guarantee and qualify, as necessary, any guarantees it makes about offering "lowest prices." 

In addition, the airline agreed to give additional prominence on its website and in email promotions to add-on costs, such as those for checked baggage, and information about any applicable terms and conditions, such as the days or dates on which offer prices are not available.

Major Retailers Cry Foul Over Ombudsman Plan

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The has formally recommended to the (BIS) that it should establish an to arbitrate on disputes between grocery retailers and suppliers and investigate complaints under the new .

The said it was making the recommendation after a majority of grocery retailers failed to agree to a voluntary scheme to police dealings with suppliers.  Most major retailers oppose the appointment of an Ombudsman.  Only Marks & Spencer, Waitrose and Aldi are in favour.

Neighbours & Anti-Social Behaviour

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(ASB) encompasses virtually any intimidating or damaging behaviour that scares you or damages your quality of life.  If you experience problems with anti-social neighbours you should write to your local authority and ask them to investigate.  You can also request that the police become involved.

After receiving your complaint, your local authority will evaluate whether or not there is enough evidence to apply to the local court for an (ASBO).  An ASBO tells an anti-social person to cease behaving in a certain way for a specified period of at least two years - a typical ASBO lasts ten years, but can be imposed indefinitely.

Wills: Rule No. 1 - Get The Names Right

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We've all been there.  Granny gets to a certain age and can't quite remember your name.  First, she'll rattle off the names of uncles, aunts, and cousins like a Gatling gun, followed by maybe - just maybe - her dog's name.  Then, finally, BINGO - she remembers! 

But, she still loves you, so what does it matter?  As the famous bard once said, "

Well, quite a bit as it turns out.

Joint Tenants vs. Tenants In Common

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Okay, so you've decided to buy a place with that special someone, but you've yet to decide whether you want to own the property as joint tenants or tenants in common.

What are the differences?

  • In a joint tenancy, both of you will own the whole property.  If one of you dies the property will automatically pass to the other (which, in legal jargon, is known as the right of survivorship).

Property and Divorce: Ingredients For Marital Warfare

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Stories about have dominated the press this summer.  He's been hit by one after another.  And his wife filed for divorce in May, leading the press to speculate (somewhat gleefully) that he'll face a " over his £4.5 billion fortune."

Of course, no matter how vast your wealth, the division of marital property during divorce is a , made all the worse if one (or both) of you decides to press the "."  In such cases, a property dispute can descend into an exacting battle of nerves; the protagonists unleash pent-up pain and fury, and wield property claims as a pretext to settle old scores. 

Constructive Dismissal: Match Of The Day Not On Menu

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Yesterday, the London Evening Standard reported that senior BBC sport journalist Mihir Bose has resigned over plans to move him to Manchester as part of the relocation of five BBC departments (including BBC Sport) to the new Media City development at Salford Quays.

The paper quotes an unnamed source at the BBC as saying the journalist "had grown deeply unhappy about the move and felt betrayed ... having been given assurances when he joined that he would be able to stay in London."  If the source is correct, Mr. Bose may be able to claim for .

Automatic Unfair Dismissal

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Dismissal can be unfair for a variety of reasons, i.e.:

The importance of the distinction is simple: when an employee is dismissed for an automatically unfair reason, the employer has no defence to a claim for unfair dismissal.

This week, for example, published a story about a woman in Dundee whose employer stopped paying her statutory maternity pay, and then sacked her while she was still on maternity leave.  

The woman took the case to an Employment Tribunal claiming automatic and , and the court awarded her £9,000 in compensation.

UK Immigration: New Marriage Law Hits Headlines

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Last year, the Government raised the age at which someone can apply for a marriage visa from 18 to 21 as part of a crackdown on .

BBC Newsnight suggests implementation of the law is having unforeseen (and perhaps unjust) consequences.  It presented the case of two young newlyweds, Adam Wallis and Canadian Rochelle Roberts, who married in the UK a week after Rochelle's visa ran out.  The couple now face an enforced year and a half separation until Rochelle turns 21.

In a letter to the couple's local MP, Mark Williams, the UK Border Agency described the 18-month separation as an "inconvenience."

I Thee Wed... Plus Thee, Thee, Thee, & Thee

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The story of has been plastered across the tabloids for over a month; slowly climbing its way up the media ladder, even and are covering it now.

For those who missed the news, Ms. Horne (a.ka. 'Amileannya Carmichael' and 'Emily J. Lecount'), branded a "" for "tricking" five men into marriage, was convicted last week.

Jobs, Yes! Salaries? No

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On Friday, The Guardian reported that the Low Pay Commission intends to investigate companies who employ unpaid interns, amid concerns that some organisations are using the recession as an excuse to exploit new graduates struggling to find a job.

Under the National Minimum Wage Act 1998 (NMWA), anyone deemed a "worker" is entitled to the minimum wage (currently, £5.73 for workers over 22; £4.77 for 18 to 22 year olds; and £3.53 per hour for all workers under the age of 18, who are no longer of compulsory school age). 

Interns, however, are often deemed "volunteers" or "voluntary workers" and therefore ineligible for the minimum wage. 

In reality, of course, many interns work hard, doing essential work, and organisations simply use them to cut costs and avoid paying minimum wage, in contravention of the NMWA.

Court To Extradite Autistic UFO Hacker For US Security Breach

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In November 2002, a US court indicted Gary McKinnnon for hacking into 97 US military and NASA computer systems.  Federal prosecutors alleged he copied then deleted critical operating system files and other data, which caused over $700,000 in damage to government security networks. 

Three years later, federal prosecutors moved to extradite McKinnon to the US for trial.  After several appeals, his case landed in the House of Lords, which ruled McKinnon should be extradited. 

Earlier this year, however, McKinnon was diagnosed with Asperger syndrome, and the High Court granted him permission to apply for judicial review against extradition.

The Data Retention (EC Directive) Regulations 2009 came into force on 6 April.  The Regulations require public communications service providers (CSPs) - including internet, telephone, and email service providers - to retain communications data for a period of 12 months after the date of the communication. 

For the purposes of the Regulations, "communications data" means the traffic, location, and other electronic data necessary to identify the subscriber or user of a particular service, e.g., data showing when a person made or received a call, the number called, the length of the call, and the person's location when they made the call.  It does not include the content of communications.

The Government argues the Regulations are necessary to combat terrorism and fight other serious crimes, such as drugs trafficking, human trafficking, hacking, and fraud.  This argument has not appeased privacy campaigners, however, who insist the Regulations exist solely to enable the Government to access a 'big brother' style database, akin to the one in George Orwell's dystopian classic 1984.

The House of Lords is no longer the highest court in the land.  After delivering its verdict in the case, the Law Lords packed their bags and shipped out of the Houses of Parliament.  From October, they will be known as 'Justices' in a new Supreme Court of the United Kingdom.

Untangling the judicial and legislative branches of government represents another landmark in British constitutional reform.  But what additional change can we expect?

Tax Rules For The Self-Employed

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The word "expenses" became a dirty word during the parliamentary expenses scandal earlier this summer.  But, if you're self-employed, do not put off claiming deductions, reliefs and allowances for legitimate business expenses to reduce your tax bill.

New Mandatory Landlord Registration Scheme For England

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Earlier this summer, the former Minister of State for Housing and Planning, Margaret Beckett, announced plans for a mandatory landlord registration scheme in England.   A landlord register already exists in Scotland, which requires every landlord to register with their local authority, but England, Wales, and Northern Ireland have yet to follow suit. 

The objective of introducing a register is to raise standards and improve conditions for tenants.  If passed into law, the Government's proposal will require the details of all landlords and management agents to be included on a national register.  Any that fail to act in their tenants' best interests or protect deposits could be struck off the register and banned from renting property.