Construction Success

21st Feb 2019

We have yet another example of how vitally important the use of a Pay Less notice is in the building industry, having recovered a substantial sum of money (approaching £100,00) for a leading firm of architects. The Employer had failed to issue a valid Pay Less Notice pursuant to Section 111 Housing Grants, Construction and Regeneration Act 1996 due to one not being served.

Despite many examples of companies either overlooking or deciding they don’t need to issue a Pay Less Notice, time and again there is massive impact of not serving a Pay Less Notice.

We have previously written a variety of articles highlighting the implications for companies who have not heeded advice to serve a Pay Less Notice

Our skilled and experienced Litigation team have a wide depth of knowledge relating to the construction industry – if you are experiencing issues with enforcing a contract or any construction and building claims, you can contact us on 01603 675639 or at ph@rogers-norton.co.uk.

We are also experience in drafting and advising on construction contracts including JCT contracts, and also Adjudication, Arbitration, Mediation and Expert Determination.

The Abused - Channel 5 documentary

Norfolk Constabulary have taken part in a CH 5 documentary featured tonight called ‘The Abused’. This follows two women in Norfolk Hazel and Kelly, who are brutally attacked by their partners in the same week. We are shown Kelly, who is a young mum as she tries to rebuild her life with her children away from her partner, who continues to harass her and threaten her. Both women share their struggles on how they have dealt with the fear and control they are subjected to.

For many of us this will hit home. Locally, we have seen a heavy decline in solicitors who are trained and can provide assistance to victims of domestic abuse. This is due to government cuts in legal aid and the bureaucracy involved in being able to even provide the service via the legal aid board. As a specialist solicitor in domestic abuse I volunteer at a charity providing free legal advice to victims and alongside the police and charities such as ‘Leeway’ we try to assist victims in breaking free of abuse. Rogers and Norton also provides affordable legal advice with payment plan options to ensure money doesn’t prevent a victim from seeking help when they most need it.

Whilst the police are the first port of call when abuse takes place having a system which is broken due to victims access to legal advice being unavailable simply means that many victims are left vulnerable and steps which could prevent longer term abuse to them or their children are left untaken. In the longer term this has consequences for the psychological wellbeing and safety of victims and children are left exposed to parents who could cause them harm.

I will be watching with interest to see how these two women are dealt with by Norfolk Constabulary and how the justice system treats them. Further comment to follow.

Author: Kerry Rowell

Director

Border Force Restoration Success

The litigation team has achieved yet another major success in successfully gaining the restoration of an HGV tractor unit seized by HMRC Border Force. The lorry had been impounded following the discovery of a quantity of alcohol belonging to the driver in his cab.

Despite the alcohol having no connection to the owners of the lorry, Border Force made the decision to seize the cab, potentially costing the owners hundreds of pounds a day in loss of income, on top of the loss of an expensive tractor unit worth in excess of €50,000 euros.

Our client had repeatedly warned their drivers that they were forbidden to take any quantities of alcohol that exceeded permitted limits when they cross the border. This was stated in two languages and every driver signed it, but the employee (subsequently dismissed) still chose to disregard the directive.

We were delighted that Border Force chose to restore the lorry to our client free of charge, following our appeal challenging the refusal to restore. They accepted the efforts made by our client and our submissions.

As one of the leading legal teams involved in this type of work, our detailed and thorough knowledge of HMRC Border Forces systems and procedures enabled us to mount a detailed challenge to the seizure. The client was very pleased with the outcome in recovering their lorry, minimising both the loss of income to them and the inconvenience to their customers. The restoration was achieved quickly.

The success of the team is based on the ability to act quickly and decisively to support our clients in very trying and stressful circumstances. Companies can have both goods and assets seized that impact heavily on their ability to trade successfully – we understand the issues involved and use our experience to help gain a successful outcome for them. Our clients are based throughout the UK, Europe, the Far East. Mexico and USA.

If you need help and advice concerning a similar situation you can contact us at ph@rogers-norton.co.uk or on 01603 675639.

Probate Stealth Tax Getting Closer To Reality

15th Feb 2019

It’s been reported that the Plans to increase probate fees to as much as £6,000 have been narrowly approved following a recent committee hearing. The Fourteenth Delegated Legislation Committee voted by nine votes to eight to approve a statutory instrument (SI) applying a sliding scale of charges based on the value of estates rather than a flat fee.

Under the proposed new system, estates valued at more than £2m will now pay £6,000, while those worth between £1.6m and £2m will pay £5,000 and those between £1m and £1.6m £4,000.

The figure will fall to £2,500 for estates worth between £500,000 and £1m while those in the £50,000 to £300,000 price bracket will pay £250. Those valued at less than £50,000 will not pay anything

Justice Minister Lucy Frazer QC said the new measures would introduce a ‘progressive’ banded system. She rejected criticism from two committees and the House of Lords which suggested that the new fees amounted to a misuse of powers by the Lord Chancellor.

The first indication of an increase was published in February 2016 and attracted overwhelming opposition, especially in view of the government’s subsequent admission to parliament that the Probate Registry was already self-funding on the existing fee structure.

The Ministry of Justice’s consultation response recorded only 63 out of 829 respondents agreeing with linking probate fees to the value of the estate, and 695 disagreeing. The majority of the responses considered that the proposed fees were far too high and because they would be set above cost recovery levels, would effectively constitute a form of taxation.

The underlying opinion is that the changes amount to little more than a tax on bereaved families. The new charges will really impact cash-poor property owners, especially rural families with small farms, as beneficiaries will need to raise a considerable sum to obtain probate – one minister even suggested that families could simply get a loan.

The changes re enforce the need to get good quality legal advice from the outset, as mistakes could be made that are detrimental to the future management of the estate, increasing charges.

It may also be a good time for families to consider their Wills and the roles their Executors will need to play in relation to the change in fee structure.

At Rogers & Norton we have a knowledgeable and experienced team who are able to offer advice on how best to plan for the future and ensure that all clients are fully aware of how their estates will be dealt with. Our team also deals with:-

• Will planning
• Tax and Estate Planning
• Lasting Powers Of Attorney
• Deputyships
• Later Life Planning

You can contact us at wills@rogers-norton.co.uk or on 01603 675655.

Author: Louisa Shailes

Solicitor - Joint Head of Wills & Probate

HAPPY VALENTINES – WILL YOU MARRY ME? THE RIGHTS OF CO-HABITING COUPLES

Marriage is a contract between two people to share their financial resources, there is nothing romantic about that. What happens however, if one of you doesn’t want to marry, you have children or you spend a life time together without ever tying the knot? The law on co-habitation hasn’t changed, with many feeling that if you wanted the protection of marriage then you should get married. It isn’t that simple though.

Marriage aside, there is a real risk to the financial support available in the event of your death. Without a valid will in your favour you would need to prove you were a dependent if the home you lived in isn’t in your joint names. You won’t receive a widows or widowers pension to benefit you or any children and you won’t be eligible for Bereavement Support Payment (their National Insurance payments which would have become their State Pension). You would have to make a claim as a dependent under the Inheritance (Provision for Family and Dependents) Act 1975.

Although Section 1 Children Act 1989 allows parents who are unmarried to make applications to preserve property or to receive capital lump sums, this still does not go far enough to offer protection to those without children or with adult children.

The legislation is therefore riddled with inconsistencies. There is a Cohabitation Rights Bill currently before parliament to provide additional protection for those who choose to ‘live together’ as oppose to marry. The Bill is likely to take many years to pass due to the various legal statutes which has to be drafted, it also faces the morality hurdle of diminishing marriage.

Our matrimonial and family law department are recognised experts in dealing with all aspects of divorce; financial settlement; children’s law and domestic violence. We also have extensive experience of all types of relationship issues together with obtaining orders through the court.

If you are experiencing issues or simply want to discuss matters relating to this then you can contact us on 01603 675666 or at kr@rogers-norton.co.uk.

Why Would You Remortgage?

6th Feb 2019

It’s been reported recently that UK house prices grew at the slowest annual rate for nearly six years in January. It said that price growth had almost ground to a halt, with prices up by just 0.1% from a year earlier, down from a rate of 0.5% in December.

This is creating some uncertainty in the housing market and means that many people are examining if a remortgage is the right option for them. A remortgage offers someone the chance to undertake home improvements, consolidate existing loans or simply a chance to lower your mortgage rate to save money.

It’s been a growth market for both mortgage brokers and lenders in recent years, with many lenders offering free legal services to entice borrowers to take a loan with them. Of late however, fewer and fewer lenders are offering this facility, preferring to make a contribution towards the legal expenses charged by the customers own nominated solicitors.

Remortgaging can be a tricky subject to understand and many homeowners don’t fully understand how it works. So getting expert legal advice and support to guide you through the process is essential.

It’s actually possible to save a lot of money by remortgaging. When you first take out a mortgage you’ll usually be on an introductory deal – these deals tend to last 2, 5 or 10 years.

But when that deal comes to an end, you’ll most likely be moved to your lender’s Standard Variable Rate (SVR). This is usually much higher than the rates you could get by remortgaging to a new deal.

We have extensive experience working with mortgage brokers, banks, building societies and other specialist mortgage lenders, so we know how they work. To help with this we have dedicated remortgage specialists to deal with the rising number of enquiries we are dealing with.

Remortgage using us and you’ll benefit from:

• Fixed fees with no hidden costs
• Experienced and knowledgeable remortgage solicitors
• Regular updates by phone and email
• Clear advice that’s practical and easy to understand
• A prompt and reliable service

Above all we aim to make your remortgage stress-free, without the legal jargon and working to your timescales.

If you are considering remortgaging your property you can contact us at hl@rogers-norton.co.uk or on 01603 675629.

Helping Norwich to become Dementia Friendly

4th Feb 2019

We are proud to offer our continued support to the Norwich City Dementia Action Alliance. Their aim is to ensure that Norwich is recognised as a city that understands, welcomes and includes people living with dementia.

An additional 2427 Dementia Friends were created in 2018, together with 18 new organisations getting involved.

It’s been a busy year for our own Dementia Champion, Laura Rumsey, who has held a series of Dementia Friendly sessions throughout the year, adding 84 new friends to the total from 11 events.

If you are interested in becoming a Dementia Friend then you can contact me at gr@rogers-norton.co.uk and we will let you know when the next session is being held.