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MSB Solicitors Newsletter September 2014
 

In this months issue:

MSB Solicitors announce their nominated charity

MSB Solicitors announce their nominated charity
 

We have announced that our charity for 2014-2015 will be The James Bulger Memorial Trust, the charity set up by the mother of the Liverpool two year old who was abducted and murdered in February 1993.

The charity is one that is close to the heart of partner Sean Sexton, who represented the Bulger family, engaging with press, media and prosecution throughout the trial process. He attended the trial of Thompson and Venables and was present when their verdicts were announced.

He has continued to represent James’ mother, Denise Fergus, since 1993 in all the various appeals and associated legal proceedings since then on a pro bono basis.

Sean says: “My firm have acted for Denise for the last twenty one years in all legal matters. I am delighted that we can support such a worthwhile charity and positively uphold the memory of James’ short life.

“Denise, Stuart and their fellow patrons are so passionate about the good work they do. We are very much looking forward to being more involved with the charity over the coming months.”

Denise, along with charity patrons, organise a number of events each year to raise monies to provide free holidays and respite to families who need it.

MSB have pledged their support for the charity this year and aim to work alongside Denise, Stuart and the charity’s ambassadors with a view to maximising their fundraising efforts.

Our very own Rebecca Brown and Dani Blaylock will be undertaking a skydive in early October. More details to follow in next months edition!

 

The taxman cometh

The taxman cometh
 

There has been much attention paid recently in the media to the stance that HMRC is taking, in light of public disquiet on the issue, to closing tax avoidance loopholes and increasing its revenues. HMRC’s new aggressive approach is having some interesting effects.

Companies are allocating larger and larger reserves of cash to settle disputes with the Treasury and thereby avoid embarrassing headlines. There is also evidence that companies are less likely to follow through on a good old-fashioned technical argument with the Revenue, even where there is no suggestion of any actual wrong doing. Company executives fear that a negative result will be seized upon by the press and that they will simply be lumped together with high profile tax dodger and cheats.

High profile individuals are also increasingly taking the route of early settlement with HMRC to minimise the risk of damaging headlines. Interestingly however, there is evidence that less prominent wealthy individuals are becoming more combative and are more likely to fight the demands of HMRC through the courts. These individuals are also showing an appetite, when they lose a case, to sue their financial advisors on the basis that they would not have invested in the scheme of they had been fully aware of the risks.

The world is changing and the UK is becoming more like the US; whose revenue services have always played hardball.

Children to be heard in family disputes

Children to be heard in family disputes
 

Children will be given a greater voice in the family justice system so that they can tell judges how they feel and what they think about the family disputes in which they are involved.

Children and young people must by law have their views heard before decisions are made about their future and where decisions are made that will impact them. At the moment, it is still too often the case that their views are not fully heard. The government has therefore made the commitment that from the age of 10, children and young people involved in all family court hearings in England and Wales will have access to judges to make their views and feelings known.

The announcement was made by the Ministry of Justice following calls from young peoples’ representative group, the Family Justice Young People’s Board, that for too long children have been pushed and pulled through the family justice system with little or no say on what happens to them.

The government will also work with mediator sector so that children have appropriate access to mediators in cases which affect them.

These changes to procedure will be put into place as soon as practically possible.

Tenant’s duty to repair

Tenant’s duty to repair
 

The Supreme Court recently ruled that a term in a commercial lease requiring a tenant to carry out such repairs as were necessary to keep the premises in a tenantable condition did not require a notice from the landlord to activate it. It followed that on the expiry of the lease the landlord could claim the cost of necessary repairs.

In the case in question, the landlord had agreed with the tenant that alterations to the building by the tenant would be allowed subject to the provision that at the end of the lease the tenant was to restore the premises to their original state “if so required” by the landlord before the tenancy ended. Shortly before the expiry of the lease in question the landlord’s agent had telephoned the tenant and told her that the landlord wished the tenant to remove alterations it had made to the premises so as to restore them to their original condition. A surveyor had then prepared a schedule of dilapidations but the report was only received by the tenant after the tenancy had ended. The tenant refused to carry out the work, referencing the clause in the tenancy agreement indicating that all notices had to be received in writing and that the obligation only arose where a tenant had been asked to remedy such defects during the currency of the tenancy.

The Court ruled that the lease imposed a continuing obligation on the tenant which did not require any notice from the landlord to activate it.

 

Our Offices:

Wavertree
MSB House, 20-22 Tapton Way, Wavertree Business Village, Liverpool L13 1DA
DX 700701 Wavertree
Fax: 0151 254 1652

Allerton
17 Allerton Road, Allerton, Liverpool L18 1LG
DX 18906 Allerton
Fax: 0151 282 0164

City Centre
Silkhouse Court, Tithebarn Street, Liverpool, L2 2LZ
Fax: 0151 236 6948

Alternatively contact paulbiby@msbsolicitors.co.uk
or joannedalton@msbsolicitors.co.uk

Tel: 0151 281 9040

 
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