The general rule is that there should be no order for costs and in the majority of cases, each party is responsible for their own costs in pursuing or defending an appeal. The tribunal will not normally make an order in respect of costs so that parties are not deterred from bringing or defending appeals….
Buying a property? It’s time to make a Will and an LPA. If you are buying a property, you should make or review your Will and Lasting Power of Attorney (LPA) for the following reasons: Property is one of the biggest assets you will own so it’s important to consider who you want to inherit…
Going through a divorce or separation? It’s time to make a Will and an LPA. If you are getting divorced or separating from your spouse or partner, you should make or review your Will and Lasting Power of Attorney (LPA) for the following reasons: Your previous Will remains valid even after your divorce. However, any…
The long-awaited Divorce, Dissolution and Separation Act 2020 (the Act) finally becomes law on 6 April 2022. Tayntons’ Head of Family Law and partner Chris Price takes a look at the changes it will make and how they may be beneficial for those seeking a divorce or the dissolution of a civil partnership as well…
If you are going through a divorce, you need to ensure that a financial order is made to prevent claims against you in the future. A financial dispute resolution hearing is a private court hearing at which you and your former partner will try to reach an agreement over issues such as property, finances and…
This article was edited on 26 July 2023 to reflect that the amount of the statutory legacy increased. When someone dies without leaving a Will, it can make things difficult for those left behind. We take a look at the problems that can arise and introduce the platform we have invested in to show clients…
Regulation 18 of the Special Educational Needs and Disability Regulations 2014 (as amended) applies where a child or a young person has an Education, Health and Care Plan and is due to transfer to the next phase of education. In those circumstances the LA must review and, where appropriate, amend the EHCP for that child…
Once a Local Authority issues an Education, Health and Care Plan for a child or young person the LA must maintain it and also secure the Special Educational Provision specified in the EHCP for the child or young person. Section 44 (1) of the Children and Families Act 2014 states that a Local Authority must…
It is often important to move quickly when you are buying or selling a property to ensure a successful transaction. We take a look at the role of your conveyancing solicitor for buying a home or selling one and when the best time is to instruct them. Why do I need a conveyancing solicitor? Buying…
With commercial tenants protected from eviction on the basis of rent arrears caused by the pandemic until 25 March 2022, the government has announced a new commercial rents code of practice. This aims to set out a clear process for dealing with debts in conjunction with the Commercial Rent (Coronavirus) Bill. Background The various lockdowns…
For many couples, their shared home is their main asset. This means that it can be difficult to divide it when a relationship breaks down, particularly if the other available assets are not worth as much. It can also be stressful to have to consider the possibility of selling your home, particularly at a time…
If you have separated from your children’s other parent, the thought of Christmas can be difficult. Both parents are likely to want to spend some quality time with their children and tensions may arise if you both want to have contact on the same dates. Christopher Price, partner at Gloucester law firm Tayntons, and head…
A shareholders’ agreement sets out the rights and obligations of shareholders and is a binding legal contract between the shareholders and the company. A well-drafted shareholders’ agreement can give members a say in the running of the company and prevent misunderstandings and disagreements from arising in the future. By asking an expert corporate solicitor to…
When a shareholder wants to sell their shares or leave a small company it can upset the equilibrium of the business. Sale to another shareholder could mean the distribution of shares and any accompanying voting rights becomes weighted in favour of one person to the detriment of others. There are ways to avoid this to…
When your lease expires, it can be an opportunity to renegotiate the terms before you sign a new version. If your lease is protected by the Landlord and Tenant Act 1954, you will have security of tenure, or a statutory right to renew the lease. You will need to inform your landlord that you wish…
If you or your spouse has an interest in a business, there will always be arguments as to whether or not this should be taken into account during a divorce and treated as a matrimonial asset. If you have been in a long marriage, then the law aims to divide assets equally. This can be…
If you’re unfortunate enough to be the director of a company in pandemic-related financial trouble, you’re likely to be focusing all your attention on keeping your business afloat, looking after your staff and minimising losses. What about the personal risks to you as a director? Have you thought about the knock-on effects of continuing to…
After someone dies, their affairs need to be wound up and their estate distributed to the beneficiaries entitled to inherit. This can often be time-consuming and complex. The person administering a will, known as the executor, has a duty to the estate to deal with the administration promptly and ensure that all of the liabilities…
For parents, the hardest part of a divorce often relates to issues surrounding their children. There are natural concerns over where they will live, how long they will spend with each parent and how they will adjust to the changes. Agreeing arrangements for children Ideally, you and your children’s other parent will agree on the…
During a divorce, when issues arise over finances, both parties will be required to fully disclose their financial situation to each other. Once full disclosure has been made, you can move on to negotiating a financial settlement. The more efficiently the disclosure stage of the divorce is dealt with, the quicker and more cost-effective the…
The National Trial began on 3rd April 2018 and extended the powers of the Special Educational Needs and Disability Tribunal under The Special Educational Needs and Disability (First-tier Tribunal Recommendations Power) Regulations 2017. Previously the Tribunal could only order amendments to Sections B, F and I of a child or young person’s EHCP. From April…
It can be a battle to obtain an Education, Health and Care Plan (EHCP) from the Local Authority. Even when you have obtained an EHCP you may be unhappy with the content of the document such as the description of your child’s needs, the provision to meet them and also the named school. You may…
With an end to COVID-19 restrictions finally in sight, employers are gearing themselves up to welcoming their staff back to the workplace. For most of your workers, it will be a welcome return to the old routine of working in a shared space, interacting with colleagues and experiencing a proper division between the workplace and…
FamilyLaw
Securing a small sum to cover dilapidations to a Property during a Tenancy has been standard practice for Landlords for as long as there have been Tenancies. Typically, this sum would simply be held by the Landlord or their Agent, to be returned to the Tenant on the condition that the Property was returned in…
An essential legal guide for readers of The Times newspaper, published on 1st April 2021, has showcased Tayntons Solicitors as one of a select number of law firms from across the UK who demonstrate excellent client service in specialist areas of law. Tayntons’ piece featured Special Educational Needs (SEN) specialist Imelda Brennan, a recognised practitioner…
If you are considering making a claim for personal injury or clinical negligence, it is important to do so as soon as possible. Claims for personal injury or clinical negligence are subject to the Limitation Act 1980. This means that any claim must be issued with the court within three years of the date of…
After much delay and debate, we finally have a date! The whiplash reforms are due to come into force on the 31st May 2021 – and they mean big changes for Claimants! What is a whiplash injury? A whiplash injury is one of the most common claims following a road traffic accident. Symptoms can vary…
Gloucestershire’s premier law firm Tayntons has teamed up with charity Maggie’s Cheltenham, to raise awareness of the benefits of leaving legacies to charities in your Will. Maggie’s provides access to cancer support, advice, and respite on a drop-in basis for as long as that person may need, with no appointment or referral necessary, to people in…
A-Z Glossary – click here to download A: Assignment of a lease Commercial tenants are usually locked into a lease for a set period of time. If you no longer need the premises, it may be open to you to assign the lease to a new tenant if the lease permits this and your landlord…
Gloucestershire’s premier law firm Tayntons has teamed up with South West charity Heart Heroes, to raise awareness of the benefits of leaving legacies to charities in your Will. Heart Heroes provide services for children with congenital heart disease and heart problems, to help them meet others who are in similar situations. Run entirely by volunteers,…
Unfortunately, experience within this field continues to demonstrate that there is a common misconception between unmarried couples that they have the same rights financially as married couples. This is often referred to as “common law marriage”. Following the breakdown of a relationship cohabiting couples are not protected by the same law that applies to married…
It can be very distressing after a separation to find out that your ex-partner wishes to move to a different part of the country. There is no legal requirement for them to obtain the consent of the court to a move, so if you are concerned about the proposed relocation, you should consider your options….
Parental responsibility gives parents rights and responsibilities in respect of a child. When two parents both have parental responsibility, certain decisions have to be agreed between them. Who has parental responsibility? Simply being a child’s parent does not necessarily mean you have parental responsibility. It is given automatically to the following people: The child’s birth…
Coronavirus Job Retention Scheme As the nation once again adjusts to a second national lockdown, the Chancellor, Rishi Sunak, has announced a five-month extension of the coronavirus job retention scheme (CJRS) from 31 October to 31 March. The CJRS more commonly known as the furlough scheme required employers to contribute from 1 August 2020. From…
Throughout the Covid-19 pandemic, the Government have encouraged cycling as a safer alternative to public transport. The Transport Secretary, Grant Shapps, has also suggested that the number of people cycling has increased by up to 200% following the national lockdown! Cycling is great for both our physical and mental health, so it really is a…
Kenny Goss will have an uphill battle with his recent claim for provision from the estate of ex-partner the late George Michael. The statute of limitations for contesting a Will is 6 months after the Grant of Probate; Mr Michael died on Christmas day 2016. Mr Goss is now at least 3 years late in…
Many parents, carers and support groups were concerned earlier this year when, on 1 May 2020 some aspects of the Law relating to Education, Health and Care (EHC) needs assessments and EHC Plans changed temporarily to give local authorities, health commissioning bodies, education settings and other bodies who contribute to these processes more flexibility in…
Divorce can be a difficult time, but our skilled divorce solicitors at Tayntons are here to support you. We’ll guide you through the process, offering clarity, reassurance, and expert advice every step of the way. We offer an initial fixed-fee consultation to discuss your situation and outline the process ahead. To help you prepare for…
If you’re buying or selling a property, you will probably have lots of queries. Below are answers to some of the most frequently asked questions. 1. How long will it take? This depends on many factors, including the number of other people in your chain of conveyancing transactions, how long it takes to obtain a…
The announcement by Rishi Sunak last week of the new stamp duty thresholds has had clients whose completions are set to take place after the announcement rubbing their hands and planning how they are going to spend this unexpected windfall. There has been talk of “hot tubs” and post “Covid” luxury holidays being funded from…
The COVID-19 pandemic has dramatically affected our work, home, social, and personal lives more than ever before in human history. Aside from the virus itself, this pandemic is stoking fear of financial insecurity and uncertainty to millions of individuals and families around the globe. Divorced and separated families are no exception from the wake of…
When purchasing a property together, couples often choose to register their ownership as a joint tenancy to reflect their shared commitment. But what does this mean? The legal implications of purchasing a property as Joint Tenants are as follows:- You hold equal rights to the whole property under a 50/50 division; In the event that…
We have sadly seen a dramatic increase in domestic abuse cases across the UK since the Government placed the country in lockdown. This has been due to the fact social distancing has made it even more difficult for victims to get enough time away from their abuser to ask for help. Refuge has reported a…
By now I am sure your families and you have developed a new if slightly surreal daily routine of working from home and homeschooling (also known as riot police training) the kids. Some parts of Europe have eased their lockdown restrictions and though in the UK the government have announced another 3 weeks of lockdown…
The stark reality is that despite all the steps the Government are taking, unfortunately a number of companies will find themselves under severe difficulty and pressure over the forthcoming months. The Government has acknowledged this and put several emergency measures in place. The measures that have been announced will allow firms to continue trading, in…
Following Boris Johnson’s announcement on 23rd March 2020, the country has been placed into a police enforced lockdown which has introduced a new raft of restrictive measures to prevent the spread of the coronavirus. In such unprecedented times, this has undoubtedly raised questions as to exactly what we can and cannot do. The guidelines state…
Furlough Leave, a phrase which you have possibly never heard of but has an increased significance to both employers and employees. So, what do we know about it so far? Apart from the announcement by the Chancellor, at the minute very little is known about how the new “Coronavirus Retention Scheme” or “Furlough Leave”, as…
The world-wide COVID-19 (Coronavirus) outbreak has everyone thinking about what might happen if the disease spreads more fully and rapidly across the general population. Despite best efforts to contain the outbreak, people in lots of countries around the world have contracted Coronavirus. That highlights the need for people to plan for whatever could possibly happen….
For many people, their buy-to-let property provides an important source of income which they rely upon to service their borrowing, top-up their pension income, or just use as ancillary income. The vast majority of people within the buy-to-let sector are not large scale portfolio Commercial Landlords. To that end, several clients have asked about how…
To contact us please call 01452 522 047 or 03330 145451 or email info@tayntons.co.uk
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