Tayntons LLP Solicitors News

Rachel Weldrake, Family Law Solicitor, Tayntons LLP, Gloucester highlights difficulties caused to divorcing couples by controversial reforms to public sector pensions

Wed, 1 Feb 2012 11:41:00 UTC

With the Unions embroiled in a bitter dispute with the Government, couples are putting a hold on financial proceedings until they know how much pension they will receive after the dispute is resolved. The Government plans to increase pension contributions, extend the retirement age and cut payments all of which will have an impact on the way that public sector pensions are valued.

The potential changes to the method of calculation could have a substantial impact on the cash equivalent transfer value (CETV) of a pension. It is the CETV which courts commonly use when deciding how pensions should be shared between divorcing couples.

Currently, the NHS are refusing to provide any pension transfer values leaving members of their pension scheme frustrated and in breach of court orders for not supplying their relevant financial information.

Rachel Weldrake has many cases involving public sector pensions - ‘I have one case in particular where a pension actuary has already been instructed to prepare a report. The report was due to be filed at court last month. However, the pension actuary has advised that the preparation of the report be put on hold until the current stalemate is unlocked. A hearing has already been listed for mid February. However, I am going to have to write to the court requesting that the hearing be adjourned generally. The difficulty is that no one knows how long we are going to have to wait. It is also going to be necessary for all the pension valuations to be updated and with many providers only supplying one free valuation in any 12 month period this could be costly not only in terms of time but also money’.

It is critical that some resolution is made soon that allows people to move forward during what is already an emotionally and financially difficult time.

Of course, these difficulties have no impact on cases involving non public sector pensions.

For advice on all family matters including financial relief contact Rachel Weldrake, Solicitor, a member of Resolution and the Law Society’s Accredited Family Law Panel on 01452 509878 or email her at rachel.weldrake@tayntons.co.uk

Tayntons LLP Solicitors, Ian Pettifer, Employment Law Specialist advises on Gifts and the Bribery Act 2010

Thu, 19 Jan 2012 11:18:00 UTC

Ian Pettifer, head of employment law at Tayntons, regularly answers reader questions in South West Business Insider’s Staff Matters column. In his article for the magazine’s January 2012 edition, Ian tackles the subject of bribery.

Reader question: ‘As a company we like to send out gifts to key clients at certain times in the year. Most of the gifts are reasonably modest, but we do treat our biggest clients to items of value such as Harrods hampers or champagne. Our intention is honest - to show appreciation - but could we be in danger of falling foul of the Bribery Act?'

Ian answers:

“The Bribery Act 2010 introduced new criminal offences:

· Offering, promising or giving a bribe

· Requesting, agreeing to receive or accepting a bribe

· Bribing a foreign public official.

· Failing to prevent bribery.

Companies should have procedures to prevent bribery. For most UK businesses, a couple of simple steps will be enough; pass a memorandum at board level, to show top-level commitment, and introduce a simple policy for all staff to follow.

The Ministry of Justice has published guidance on its website and this makes clear that ‘Bona fide hospitality and promotional, or other business expenditure which seeks to improve the image of a commercial organisation, better to present products and services, or establish cordial relations, is recognised as an established and important part of doing business and it is not the intention of the Act to criminalise such behaviour.’

You are not committing an offence unless the gift of a hamper was intended to bring about bad faith, loss of impartiality or to abuse a position of trust.

The authorities would consider how lavish the gift is, before considering a prosecution. The top price for a Harrods hamper is £5,000, and most hampers do not cost more than £1,000. In my opinion, a hamper, of this sort of value, given as a ‘thank you’ for past legitimate business, and given openly without concealment is not a bribe. It is a present.”

For further information and advice, contact Ian Pettifer on 01452 509080 or email ian.pettifer@tayntons.co.uk

Tayntons LLP, Gloucester comments on the need for legal reform for couples who live together but are not married

Wed, 30 Nov 2011 16:06:00 UTC

Rachel Weldrake, Family Law Solicitor, Tayntons LLP Gloucester comments that with one in six couples in the UK currently living together without being married - expected to rise to one in four over the next few decades - huge numbers of people face distress, injustice and hardship upon separation when left grappling with the current legislation which fails to reflect the way people are choosing to live their lives.

Earlier this year the government shelved the Law Commission's proposals to give cohabitees a legal framework to deal with disputes on the breakdown of their relationship.

The recent Supreme Court decision in the case of Kernott v Jones has been widely reported in the last few weeks. In their judgement both Lord Collins and Lord Wilson were critical of the continuing failure of Parliament to legislate on cohabitation. Lord Collins stated: ‘The absence of legislative intervention… made it necessary for the judiciary to respond by adapting old principles to new situations… That has not been an easy task’.

This case considered the correct approach to calculating beneficial interests in property where the legal title to the property is held in joint names by an unmarried couple but there is no express statement as to how it is to be shared. Historically, it has been necessary to rely on the common intention of the parties which is notoriously difficult to prove and can, of course, change over the course of a relationship.

In Kernott v Jones the court considered that they could attribute an intention to the parties which could be completely different to their original intentions. It is therefore no longer safe to assume that the legal documentation indicating the co-ownership of a property is the end of the story. If one of the parties goes on to make a different arrangement, for example moves out or ceases to pay the mortgage, then the court can and will adjust the original shares.

Unfortunately, the guidance given by the Supreme Court does not create a definitive and fair judicial process or framework upon which cohabitees and their advisers can rely. There is still much uncertainty and the case, perhaps, acts as an incentive to litigate in cases where the evidence of common intention is less than robust. Once again we are told that ‘each case will turn on its own facts’ which provides little comfort for those advising clients.

It therefore remains crucial that unmarried couples who are thinking of buying a property and living together seek legal advice from a solicitor beforehand in order to reduce the likelihood of potential problems later.

For advice on all family matters including financial relief contact Rachel Weldrake, Solicitor, a member of Resolution and the Law Society’s accredited Family Law Panel on 01452 509878 or rachel.weldrake@tayntons.co.uk

Tayntons LLP combine fashion & networking in Gloucester Quays

Wed, 9 Nov 2011 12:29:00 UTC

Tayntons took a step into the world of fashion on Thursday 3rd November when they hosted a ladies evening at LK Bennett in Gloucester Quays.

Over 55 invited guests from businesses in and around Gloucester attended the evening and were treated to a half hour fashion show exhibiting the new season collection of the fashion house favoured by Kate Middleton before getting their chance to try and to buy from the large selection housed in the store.

The evening was a fantastic success with very few of the guests leaving empty handed. Organiser Elizabeth Lacey advised that, “It was a great turnout and so lovely to see so my faces of new and old associates of the firm.” Given the success of the evening it is hoped that more events will follow.

If you would like to be added to the mailing list for the next Tayntons LLP networking event, please email Elizabeth.lacey@tayntons.co.uk.

Tayntons LLP, Gloucester, conveyancing expert explains the process of adding a name to deeds

Tue, 1 Nov 2011 14:42:00 UTC

Jane Davies, conveyancing expert and LLP Partner of Tayntons LLP Solicitors, Gloucester deals with a variety of property related queries on a regular basis and shared her expertise in the Sunday Times 'Ask the Experts' column featured on Sunday 30 October 2011.

Question: I live with my boyfriend, and at the moment the deeds to the house are only in his name. Can my name be added without going through a full purchase and conveyancing process?

Jane Davies explains:

Yes, you can. If your boyfriend has a mortgage, the first step would be to contact the lender, who will review your and your boyfriend's financial status. Once the lender has approved the application, you will need to appoint a solicitor to deal with the legal formalities. If there is no mortgage, the process is simpler, as there is no lender to consult. The solicitor you appoint will complete the necessary Land Registry documents to manage the transfer. This will include agreeing how the property would be owned by you jointly, the shares you would each have and what would happen in the event of separation or death. Legal fees will be about £500; the lender will charge an administration fee of £200-£300.

Tayntons LLP Solicitors is accredited with the Law Society's Conveyancing Quality Scheme (CQS), the society's mark of excellence in home buying. CQS has the support of the Council of Mortgage Lenders, the Building Societies Association, Legal Ombudsman and the Association of British Insurers.

For further information contact Jane Davies on her direct dial 01452 509873 or email: jane.davies@tayntons.co.uk.